Bill Text: OH HB487 | 2011-2012 | 129th General Assembly | Introduced

Ohio House Bill 487 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: That are scheduled to take effect October 1, 2012, to continue the provisions of this act on and after that effective date; to make operating and other appropriations and to provide authorization and conditions for the operation of state programs.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Passed) 2012-06-11 - Effective Date [HB487 Detail]

Download: Ohio-2011-HB487-Introduced.html

As Pending in the House Finance and Appropriations Committee (2171-3)

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 487

Representative Amstutz (By Request)

A BILL

To amend sections 7.10, 7.16, 102.02, 105.41, 109.57,

109.572, 109.803, 118.023, 118.06, 120.08, 120.53,

121.04, 121.08, 121.083, 121.084, 121.22, 122.07,

122.15, 122.151, 122.152, 122.153, 122.154,

122.17, 122.171, 122.28, 122.30, 122.31, 122.32,

122.33, 122.34, 122.35, 122.36, 122.85, 123.01,

123.011, 123.07, 123.09, 123.10, 123.101, 123.13,

123.14, 123.15, 123.152, 123.17, 123.21, 123.48,

123.77, 124.04, 124.06, 124.11, 124.12, 124.14,

124.231, 124.241, 124.25, 124.26, 124.27, 124.30,

124.31, 125.082, 125.14, 126.14, 131.02, 140.01,

140.03, 140.05, 140.08, 145.01, 145.012, 145.114,

145.116, 149.01, 149.311, 150.01, 150.03, 150.05,

150.07, 150.10, 152.18, 152.24, 153.01, 153.011,

153.013, 153.02, 153.04, 153.06, 153.07, 153.08,

153.09, 153.11, 153.12, 153.14, 153.16, 153.17,

153.502, 153.503, 153.53, 167.04, 173.14, 173.21,

173.23, 173.26, 173.27, 173.391, 173.394, 173.40,

173.42, 173.45, 173.46, 184.02, 185.01, 185.02,

185.03, 185.05, 185.06, 185.07, 185.09, 185.12,

305.171, 306.04, 306.36, 307.05, 307.051, 307.055,

309.09, 313.121, 313.122, 313.16, 317.24, 319.59,

329.01, 329.40, 329.41, 329.42, 329.43, 329.44,

329.45, 329.46, 330.04, 339.091, 340.03, 340.091,

505.37, 505.375, 505.44, 505.72, 715.013, 723.52,

723.53, 731.141, 735.05, 737.03, 742.114, 742.116,

749.26, 749.28, 749.31, 753.15, 755.29, 755.30,

901.54, 955.16, 955.26, 991.02, 1121.23, 1155.03,

1163.05, 1315.141, 1321.37, 1321.53, 1321.531,

1322.03, 1322.031, 1345.05, 1501.04, 1502.01,

1502.02, 1502.03, 1502.04, 1502.05, 1502.06,

1502.12, 1502.99, 1503.012, 1503.43, 1506.42,

1509.071, 1509.36, 1541.26, 1551.33, 1555.02,

1555.03, 1555.04, 1555.05, 1555.06, 1571.14,

1701.86, 1702.47, 1707.08, 1707.391, 1733.47,

1751.01, 1751.02, 1751.13, 1761.26, 1901.18,

1909.11, 1923.01, 1923.02, 1923.061, 1923.15,

2151.86, 2152.121, 2152.22, 2301.03, 2301.18,

2301.20, 2301.21, 2301.22, 2301.23, 2301.24,

2301.25, 2301.26, 2301.27, 2301.271, 2301.571,

2305.01, 2305.02, 2307.89, 2317.02, 2317.422,

2317.56, 2319.27, 2501.16, 2501.17, 2743.01,

2743.02, 2743.09, 2743.10, 2743.48, 2746.01,

2746.03, 2746.04, 2903.33, 2907.27, 2907.29,

2909.21, 2909.28, 2927.023, 2929.01, 2929.19,

2939.11, 2945.371, 2945.38, 2945.39, 2945.40,

2945.401, 2953.32, 2961.22, 2967.03, 2967.05,

2967.14, 2967.19, 2967.191, 2967.193, 2967.26,

2967.28, 2981.11, 2981.14, 3125.41, 3301.55,

3304.14, 3304.16, 3304.181, 3304.182, 3307.152,

3307.154, 3309.157, 3309.159, 3313.65, 3313.71,

3316.04, 3316.06, 3318.10, 3318.30, 3318.31,

3333.04, 3333.041, 3333.123, 3333.21, 3333.31,

3333.60, 3333.61, 3333.71, 3333.72, 3345.16,

3345.28, 3345.50, 3345.51, 3345.54, 3345.69,

3345.692, 3347.03, 3383.02, 3383.07, 3701.021,

3701.023, 3701.024, 3701.025, 3701.03, 3701.05,

3701.07, 3701.072, 3701.11, 3701.132, 3701.146,

3701.161, 3701.20, 3701.201, 3701.21, 3701.221,

3701.23, 3701.232, 3701.24, 3701.241, 3701.242,

3701.248, 3701.341, 3701.342, 3701.343, 3701.344,

3701.345, 3701.347, 3701.352, 3701.40, 3701.503,

3701.507, 3701.508, 3701.509, 3701.57, 3701.63,

3701.74, 3701.87, 3701.881, 3702.141, 3702.31,

3702.51, 3702.52, 3702.522, 3702.523, 3702.524,

3702.525, 3702.526, 3702.53, 3702.531, 3702.54,

3702.55, 3702.56, 3702.57, 3702.59, 3702.592,

3702.593, 3702.594, 3702.60, 3702.62, 3703.01,

3703.03, 3703.04, 3703.05, 3703.06, 3703.07,

3703.08, 3703.10, 3703.21, 3703.99, 3704.035,

3705.24, 3705.30, 3706.19, 3709.03, 3709.04,

3709.06, 3709.08, 3709.085, 3709.09, 3709.092,

3709.28, 3709.32, 3709.34, 3709.35, 3709.36,

3710.01, 3710.02, 3710.04, 3710.05, 3710.051,

3710.06, 3710.07, 3710.08, 3710.09, 3710.10,

3710.12, 3710.13, 3710.17, 3711.04, 3711.06,

3711.08, 3711.12, 3711.21, 3712.03, 3712.04,

3712.09, 3713.01, 3713.02, 3713.03, 3713.04,

3713.05, 3713.06, 3713.07, 3713.08, 3713.09,

3713.10, 3714.073, 3715.01, 3715.025, 3715.60,

3715.61, 3715.62, 3715.68, 3716.01, 3716.03,

3717.01, 3717.04, 3717.05, 3717.07, 3717.45,

3717.51, 3718.02, 3718.021, 3718.022, 3718.05,

3718.06, 3718.07, 3718.09, 3721.01, 3721.011,

3721.02, 3721.03, 3721.032, 3721.04, 3721.07,

3721.071, 3721.121, 3721.13, 3721.21, 3721.28,

3721.29, 3721.50, 3721.51, 3723.06, 3723.07,

3723.09, 3725.02, 3727.01, 3727.42, 3729.01,

3729.02, 3729.03, 3729.04, 3729.07, 3729.08,

3730.10, 3733.02, 3733.021, 3733.022, 3733.024,

3733.025, 3733.03, 3733.04, 3733.05, 3733.06,

3733.07, 3733.08, 3733.09, 3733.091, 3733.10,

3733.101, 3733.11, 3733.12, 3733.121, 3733.122,

3733.123, 3733.13, 3733.14, 3733.15, 3733.17,

3733.18, 3733.19, 3733.20, 3733.41, 3733.42,

3734.01, 3734.131, 3734.15, 3734.51, 3734.55,

3734.79, 3734.82, 3735.37, 3737.83, 3737.841,

3742.01, 3742.02, 3742.03, 3742.04, 3742.05,

3742.30, 3742.47, 3742.50, 3743.04, 3743.06,

3743.19, 3743.25, 3745.01, 3745.05, 3745.11,

100

3745.112, 3748.04, 3748.05, 3748.07, 3748.10,

101

3748.12, 3748.13, 3748.15, 3748.20, 3749.02,

102

3749.03, 3749.04, 3752.06, 3769.28, 3770.06,

103

3781.03, 3781.06, 3781.102, 3781.11, 3781.112,

104

3783.05, 3791.02, 3791.04, 3791.05, 3791.07,

105

3793.04, 3793.09, 4104.01, 4104.02, 4104.06,

106

4104.07, 4104.08, 4104.09, 4104.10, 4104.101,

107

4104.12, 4104.15, 4104.16, 4104.17, 4104.18,

108

4104.19, 4104.21, 4104.33, 4104.42, 4104.43,

109

4104.44, 4104.48, 4105.01, 4105.02, 4105.03,

110

4105.04, 4105.05, 4105.06, 4105.09, 4105.11,

111

4105.12, 4105.13, 4105.15, 4105.16, 4105.17,

112

4105.191, 4105.20, 4105.21, 4115.10, 4115.101,

113

4121.123, 4121.30, 4123.20, 4123.41, 4163.07,

114

4169.02, 4169.03, 4169.04, 4171.04, 4301.30,

115

4301.42, 4303.22, 4303.33, 4313.02, 4501.01,

116

4501.06, 4503.031, 4503.061, 4503.062, 4503.49,

117

4503.81, 4506.01, 4506.03, 4506.22, 4506.25,

118

4507.01, 4507.011, 4507.12, 4507.51, 4511.191,

119

4511.78, 4513.263, 4513.50, 4561.21, 4731.22,

120

4736.01, 4740.03, 4740.11, 4740.14, 4743.05,

121

4763.05, 4765.02, 4765.03, 4765.04, 4765.05,

122

4765.06, 4765.07, 4765.08, 4765.09, 4765.10,

123

4765.101, 4765.102, 4765.11, 4765.111, 4765.112,

124

4765.113, 4765.114, 4765.115, 4765.116, 4765.12,

125

4765.15, 4765.16, 4765.17, 4765.18, 4765.22,

126

4765.23, 4765.28, 4765.29, 4765.30, 4765.31,

127

4765.32, 4765.33, 4765.37, 4765.38, 4765.39,

128

4765.40, 4765.42, 4765.48, 4765.49, 4765.55,

129

4765.56, 4766.01, 4766.03, 4766.04, 4766.05,

130

4766.07, 4766.08, 4766.09, 4766.10, 4766.11,

131

4766.12, 4766.13, 4766.15, 4766.22, 4773.08,

132

4781.01, 4781.02, 4781.04, 4781.07, 4781.09,

133

4781.14, 4781.15, 4781.99, 4905.01, 4905.02,

134

4905.03, 4905.05, 4905.06, 4905.402, 4905.54,

135

4905.57, 4905.58, 4905.84, 4905.90, 4907.01,

136

4907.02, 4907.04, 4907.08, 4907.19, 4907.28,

137

4907.35, 4907.37, 4907.43, 4907.49, 4907.57,

138

4907.59, 4907.60, 4907.61, 4907.62, 4909.01,

139

4909.02, 4909.03, 4909.17, 4909.22, 4909.24,

140

4909.28, 4911.01, 4927.01, 4928.23, 4928.2314,

141

4929.01, 4929.02, 4933.18, 4933.19, 4939.01,

142

4953.04, 4961.03, 4965.54, 5101.01, 5101.46,

143

5101.60, 5101.61, 5104.012, 5104.013, 5104.051,

144

5104.09, 5107.05, 5111.031, 5111.032, 5111.033,

145

5111.034, 5111.06, 5111.091, 5111.113, 5111.171,

146

5111.20, 5111.222, 5111.23, 5111.242, 5111.254,

147

5111.862, 5111.874, 5111.877, 5111.878, 5111.894,

148

5111.941, 5111.97, 5112.31, 5112.33, 5112.341,

149

5112.37, 5112.371, 5112.39, 5119.22, 5119.61,

150

5119.69, 5119.691, 5119.692, 5119.99, 5120.036,

151

5120.105, 5120.132, 5120.66, 5122.31, 5123.01,

152

5123.033, 5123.042, 5123.044, 5123.0412,

153

5123.0414, 5123.0415, 5123.081, 5123.16, 5123.161,

154

5123.162, 5123.163, 5123.164, 5123.166, 5123.169,

155

5123.171, 5123.19, 5123.31, 5123.38, 5123.41,

156

5123.50, 5123.51, 5123.542, 5123.61, 5123.89,

157

5126.023, 5126.0220, 5126.0221, 5126.043,

158

5126.046, 5126.055, 5126.13, 5126.15, 5126.20,

159

5126.21, 5126.22, 5126.25, 5126.251, 5126.51,

160

5139.41, 5139.43, 5149.311, 5501.03, 5501.04,

161

5501.07, 5501.51, 5502.01, 5502.011, 5503.02,

162

5503.04, 5503.21, 5503.22, 5503.23, 5503.34,

163

5505.068, 5505.0610, 5701.13, 5703.052, 5703.053,

164

5703.261, 5703.37, 5703.47, 5703.70, 5705.392,

165

5707.03, 5709.12, 5709.212, 5709.76, 5711.22,

166

5717.01, 5717.011, 5717.02, 5725.02, 5725.14,

167

5725.16, 5725.26, 5725.33, 5727.84, 5727.86,

168

5731.39, 5733.01, 5733.02, 5733.021, 5733.06,

169

5733.064, 5733.26, 5735.02, 5735.03, 5735.35,

170

5739.01, 5739.02, 5739.021, 5739.023, 5739.026,

171

5739.04, 5739.17, 5741.08, 5743.031, 5743.20,

172

5743.61, 5743.66, 5747.01, 5747.082, 5747.11,

173

5747.98, 5751.01, 5751.011, 5751.012, 5751.03,

174

5751.033, 5751.04, 5751.05, 5751.051, 5751.08,

175

5751.12, 5751.20, 5751.22, 5751.98, 5753.03,

176

5902.02, 6109.21, 6111.46, and 6115.20; to amend,

177

for the purpose of adopting new section numbers as

178

indicated in parentheses, sections 123.011

179

(123.22), 123.04 (123.02), 123.07 (123.03), 123.09

180

(123.04), 123.10 (123.05), 123.024 (123.06),

181

123.101 (123.27), 123.11 (123.07), 123.13

182

(123.08), 123.14 (123.09), 123.15 (123.10), 123.17

183

(123.24), 123.21 (123.11), 123.46 (123.12), 123.47

184

(123.13), 123.48 (123.14), 123.49 (123.15), 123.77

185

(123.17), 123.08 (123.18), 185.01 (3701.92),

186

185.02 (3701.923), 185.03 (3701.924), 185.05

187

(3701.925), 185.06 (3701.926), 185.07 (3701.927),

188

185.09 (3701.928), 185.12 (3701.929), 1502.01

189

(3736.01), 1502.03 (3736.02), 1502.02 (3736.03),

190

1502.04 (3736.04), 1502.05 (3736.05), 1502.06

191

(3736.06), 1502.07 (3736.07), 1502.12 (3734.822),

192

1502.99 (3736.99), 3702.522 (3702.521), 3702.523

193

(3702.522), 3702.524 (3702.523), 3702.525

194

(3702.524), 3702.526 (3702.525), 3733.02

195

(4781.26), 3733.021 (4781.31), 3733.022 (4781.32),

196

3733.024 (4781.33), 3733.025 (4781.34), 3733.03

197

(4781.27), 3733.04 (4781.28), 3733.05 (4781.29),

198

3733.06 (4781.30), 3733.07 (4781.301), 3733.08

199

(4781.35), 3733.09 (4781.36), 3733.091 (4781.37),

200

3733.10 (4781.38), 3733.101 (4781.39), 3733.11

201

(4781.40), 3733.12 (4781.41), 3733.121 (4781.42),

202

3733.122 (4781.43), 3733.123 (4781.44), 3733.13

203

(4781.45), 3733.14 (4781.46), 3733.15 (4781.47),

204

3733.16 (4781.48), 3733.17 (4781.49), 3733.18

205

(4781.50), 3733.19 (4781.51), 3733.20 (4781.52),

206

5123.169 (5123.1610), 5503.21 (5502.05), 5503.22

207

(5502.06), and 5503.23 (5502.07); to enact new

208

sections 3702.526, 4905.80, 4905.81, 4921.01,

209

4921.03, 4921.05, 4921.07, 4921.09, 4921.11,

210

4921.13, 4921.15, 4921.16, 4921.19, 4921.25,

211

4921.30, 4921.32, 4921.36, 4921.38, 4923.01,

212

4923.02, 4923.04, 4923.06, 4923.07, 4923.09,

213

4923.11, 4923.99, 5123.169, and 5123.192 and

214

sections 121.35, 123.20, 123.201, 123.21, 123.23,

215

123.25, 123.26, 123.51, 127.27, 191.01, 191.02,

216

191.04, 191.06, 307.093, 319.09, 1533.081,

217

2152.131, 2743.021, 2743.022, 3701.93, 3701.931,

218

3701.932, 3701.933, 3701.934, 3701.935, 3701.936,

219

3701.937, 3701.938, 3701.9310, 3701.9311,

220

3701.9312, 3701.9314, 3702.511, 3702.527,

221

3793.041, 3798.01, 3798.02, 3798.03, 3798.04,

222

3798.06, 3798.08, 3798.10, 3798.12, 3798.13,

223

3798.14, 3798.15, 3798.16, 4781.121, 4781.54,

224

4921.21, 4921.34, 4923.15, 5111.246, 5111.946,

225

5111.96, 5112.331, 5139.511, 5701.12, 5703.021,

226

5703.061, 5726.01, 5726.02, 5726.03, 5726.04,

227

5726.05, 5726.06, 5726.07, 5726.08, 5726.10,

228

5726.20, 5726.21, 5726.30, 5726.31, 5726.32,

229

5726.33, 5726.36, 5726.40, 5726.41, 5726.42,

230

5726.43, 5726.50, 5726.51, 5726.52, 5726.53,

231

5726.54, 5726.55, 5726.98, 5726.99, 5747.65, and

232

5751.54; and to repeal sections 109.802, 122.29,

233

185.04, 185.08, 185.10, 185.11, 340.05, 2301.19,

234

2909.32, 2909.33, 2909.34, 3333.049, 3333.0411,

235

3333.33, 3333.70, 3333.80, 3334.111, 3354.23,

236

3701.02, 3701.032, 3701.12, 3701.33, 3701.34,

237

3701.35, 3702.521, 3702.5210, 3702.5211,

238

3702.5212, 3702.5213, 3702.58, 3702.591, 3709.081,

239

3733.01, 3733.031, 3745.111, 3781.183, 3791.043,

240

4113.11, 4121.18, 4766.02, 4766.20, 4905.80,

241

4905.801, 4905.81, 4905.82, 4905.83, 4919.75,

242

4919.76, 4919.77, 4919.78, 4919.79, 4919.99,

243

4921.01, 4921.02, 4921.03, 4921.04, 4921.05,

244

4921.06, 4921.07, 4921.08, 4921.09, 4921.10,

245

4921.101, 4921.11, 4921.12, 4921.13, 4921.14,

246

4921.15, 4921.16, 4921.17, 4921.18, 4921.19,

247

4921.20, 4921.23, 4921.24, 4921.25, 4921.26,

248

4921.27, 4921.28, 4921.30, 4921.31, 4921.32,

249

4921.35, 4921.36, 4921.37, 4921.38, 4921.39,

250

4921.40, 4921.99, 4923.01, 4923.02, 4923.03,

251

4923.04, 4923.05, 4923.06, 4923.07, 4923.08,

252

4923.09, 4923.10, 4923.11, 4923.12, 4923.13,

253

4923.14, 4923.17, 4923.20, 4923.26, 4923.99,

254

5101.97, 5111.651, 5119.614, 5119.70, 5119.701,

255

5119.71, 5119.711, 5119.712, 5119.72, 5119.73,

256

5119.731, 5119.74, 5119.75, 5119.76, 5119.77,

257

5119.78, 5119.79, 5119.80, 5119.81, 5119.82,

258

5119.83, 5119.84, 5119.85, 5119.86, 5119.87,

259

5119.88, 5123.082, 5123.083, 5123.192, 5126.0222,

260

5126.252, 5126.26, 5126.27, 5126.28, 5126.281,

261

5126.29, 5501.09, and 5751.032 of the Revised

262

Code; to amend Section 205.10 of Am. Sub. H.B. 114

263

of the 129th General Assembly, as subsequently

264

amended, Section 201 of Sub. H.B. 123 of the 129th

265

General Assembly, Section 1 of H.B. 124 of the

266

129th General Assembly, Sections 205.10, 207.10,

267

207.10.80, 207.20.30, 207.20.90, 209.10, 209.20,

268

211.10, 215.10, 223.10, 229.10, 243.10, 247.10,

269

263.10, 263.10.30, 263.10.90, 263.20.40,

270

263.20.70, 267.10, 267.10.10, 267.10.20,

271

267.10.40, 267.30.20, 267.30.40, 279.10, 291.10,

272

307.10, 309.10, 309.30.30, 309.30.33, 309.35.73,

273

315.10, 327.10, 335.10, 343.10, 365.10, 367.10,

274

369.10, 371.10, 371.60.80, 373.10, 375.10, 379.10,

275

387.10, 403.10, 411.10, 415.10, 503.50, 521.70,

276

and 753.25 of Am. Sub. H.B. 153 of the 129th

277

General Assembly, Section 4 of Sub. S.B. 171 of

278

the 129th General Assembly, Section 3 of Am. Sub.

279

S.B. 160 of the 121st General Assembly, and

280

Section 3 of Am. Sub. S.B. 38 of the 120th General

281

Assembly; and to amend the versions of sections

282

5122.31, 5123.19, and 5123.61 of the Revised Code

283

that are scheduled to take effect October 1, 2012,

284

to continue the provisions of this act on and

285

after that effective date; to make operating and

286

other appropriations, to levy taxes and provide

287

for implementation of those levies, and to provide

288

authorization and conditions for the operation of

289

state programs.

290

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

Section 101.01. That sections 7.10, 7.16, 102.02, 105.41,	291
109.57, 109.572, 109.803, 118.023, 118.06, 120.08, 120.53, 121.04,	292
121.08, 121.083, 121.084, 121.22, 122.07, 122.15, 122.151,	293
122.152, 122.153, 122.154, 122.17, 122.171, 122.28, 122.30,	294
122.31, 122.32, 122.33, 122.34, 122.35, 122.36, 122.85, 123.01,	295
123.011, 123.07, 123.09, 123.10, 123.101, 123.13, 123.14, 123.15,	296
123.152, 123.17, 123.21, 123.48, 123.77, 124.04, 124.06, 124.11,	297
124.12, 124.14, 124.231, 124.241, 124.25, 124.26, 124.27, 124.30,	298
124.31, 125.082, 125.14, 126.14, 131.02, 140.01, 140.03, 140.05,	299
140.08, 145.01, 145.012, 145.114, 145.116, 149.01, 149.311,	300
150.01, 150.03, 150.05, 150.07, 150.10, 152.18, 152.24, 153.01,	301
153.011, 153.013, 153.02, 153.04, 153.06, 153.07, 153.08, 153.09,	302
153.11, 153.12, 153.14, 153.16, 153.17, 153.502, 153.503, 153.53,	303
167.04, 173.14, 173.21, 173.23, 173.26, 173.27, 173.391, 173.394,	304
173.40, 173.42, 173.45, 173.46, 184.02, 185.01, 185.02, 185.03,	305
185.05, 185.06, 185.07, 185.09, 185.12, 305.171, 306.04, 306.36,	306
307.05, 307.051, 307.055, 309.09, 313.121, 313.122, 313.16,	307
317.24, 319.59, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44,	308
329.45, 329.46, 330.04, 339.091, 340.03, 340.091, 505.37, 505.375,	309
505.44, 505.72, 715.013, 723.52, 723.53, 731.141, 735.05, 737.03,	310
742.114, 742.116, 749.26, 749.28, 749.31, 753.15, 755.29, 755.30,	311
901.54, 955.16, 955.26, 991.02, 1121.23, 1155.03, 1163.05,	312
1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1345.05,	313
1501.04, 1502.01, 1502.02, 1502.03, 1502.04, 1502.05, 1502.06,	314
1502.12, 1502.99, 1503.012, 1503.43, 1506.42, 1509.071, 1509.36,	315
1541.26, 1551.33, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06,	316
1571.14, 1701.86, 1702.47, 1707.08, 1707.391, 1733.47, 1751.01,	317
1751.02, 1751.13, 1761.26, 1901.18, 1909.11, 1923.01, 1923.02,	318
1923.061, 1923.15, 2151.86, 2152.121, 2152.22, 2301.03, 2301.18,	319
2301.20, 2301.21, 2301.22, 2301.23, 2301.24, 2301.25, 2301.26,	320
2301.27, 2301.271, 2301.571, 2305.01, 2305.02, 2307.89, 2317.02,	321
2317.422, 2317.56, 2319.27, 2501.16, 2501.17, 2743.01, 2743.02,	322
2743.09, 2743.10, 2743.48, 2746.01, 2746.03, 2746.04, 2903.33,	323
2907.27, 2907.29, 2909.21, 2909.28, 2927.023, 2929.01, 2929.19,	324
2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2953.32,	325
2961.22, 2967.03, 2967.05, 2967.14, 2967.19, 2967.191, 2967.193,	326
2967.26, 2967.28, 2981.11, 2981.14, 3125.41, 3301.55, 3304.14,	327
3304.16, 3304.181, 3304.182, 3307.152, 3307.154, 3309.157,	328
3309.159, 3313.65, 3313.71, 3316.04, 3316.06, 3318.10, 3318.30,	329
3318.31, 3333.04, 3333.041, 3333.123, 3333.21, 3333.31, 3333.60,	330
3333.61, 3333.71, 3333.72, 3345.16, 3345.28, 3345.50, 3345.51,	331
3345.54, 3345.69, 3345.692, 3347.03, 3383.02, 3383.07, 3701.021,	332
3701.023, 3701.024, 3701.025, 3701.03, 3701.05, 3701.07, 3701.072,	333
3701.11, 3701.132, 3701.146, 3701.161, 3701.20, 3701.201, 3701.21,	334
3701.221, 3701.23, 3701.232, 3701.24, 3701.241, 3701.242,	335
3701.248, 3701.341, 3701.342, 3701.343, 3701.344, 3701.345,	336
3701.347, 3701.352, 3701.40, 3701.503, 3701.507, 3701.508,	337
3701.509, 3701.57, 3701.63, 3701.74, 3701.87, 3701.881, 3702.141,	338
3702.31, 3702.51, 3702.52, 3702.522, 3702.523, 3702.524, 3702.525,	339
3702.526, 3702.53, 3702.531, 3702.54, 3702.55, 3702.56, 3702.57,	340
3702.59, 3702.592, 3702.593, 3702.594, 3702.60, 3702.62, 3703.01,	341
3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10,	342
3703.21, 3703.99, 3704.035, 3705.24, 3705.30, 3706.19, 3709.03,	343
3709.04, 3709.06, 3709.08, 3709.085, 3709.09, 3709.092, 3709.28,	344
3709.32, 3709.34, 3709.35, 3709.36, 3710.01, 3710.02, 3710.04,	345
3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 3710.09, 3710.10,	346
3710.12, 3710.13, 3710.17, 3711.04, 3711.06, 3711.08, 3711.12,	347
3711.21, 3712.03, 3712.04, 3712.09, 3713.01, 3713.02, 3713.03,	348
3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09, 3713.10,	349
3714.073, 3715.01, 3715.025, 3715.60, 3715.61, 3715.62, 3715.68,	350
3716.01, 3716.03, 3717.01, 3717.04, 3717.05, 3717.07, 3717.45,	351
3717.51, 3718.02, 3718.021, 3718.022, 3718.05, 3718.06, 3718.07,	352
3718.09, 3721.01, 3721.011, 3721.02, 3721.03, 3721.032, 3721.04,	353
3721.07, 3721.071, 3721.121, 3721.13, 3721.21, 3721.28, 3721.29,	354
3721.50, 3721.51, 3723.06, 3723.07, 3723.09, 3725.02, 3727.01,	355
3727.42, 3729.01, 3729.02, 3729.03, 3729.04, 3729.07, 3729.08,	356
3730.10, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03,	357
3733.04, 3733.05, 3733.06, 3733.07, 3733.08, 3733.09, 3733.091,	358
3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123,	359
3733.13, 3733.14, 3733.15, 3733.17, 3733.18, 3733.19, 3733.20,	360
3733.41, 3733.42, 3734.01, 3734.131, 3734.15, 3734.51, 3734.55,	361
3734.79, 3734.82, 3735.37, 3737.83, 3737.841, 3742.01, 3742.02,	362
3742.03, 3742.04, 3742.05, 3742.30, 3742.47, 3742.50, 3743.04,	363
3743.06, 3743.19, 3743.25, 3745.01, 3745.05, 3745.11, 3745.112,	364
3748.04, 3748.05, 3748.07, 3748.10, 3748.12, 3748.13, 3748.15,	365
3748.20, 3749.02, 3749.03, 3749.04, 3752.06, 3769.28, 3770.06,	366
3781.03, 3781.06, 3781.102, 3781.11, 3781.112, 3783.05, 3791.02,	367
3791.04, 3791.05, 3791.07, 3793.04, 3793.09, 4104.01, 4104.02,	368
4104.06, 4104.07, 4104.08, 4104.09, 4104.10, 4104.101, 4104.12,	369
4104.15, 4104.16, 4104.17, 4104.18, 4104.19, 4104.21, 4104.33,	370
4104.42, 4104.43, 4104.44, 4104.48, 4105.01, 4105.02, 4105.03,	371
4105.04, 4105.05, 4105.06, 4105.09, 4105.11, 4105.12, 4105.13,	372
4105.15, 4105.16, 4105.17, 4105.191, 4105.20, 4105.21, 4115.10,	373
4115.101, 4121.123, 4121.30, 4123.20, 4123.41, 4163.07, 4169.02,	374
4169.03, 4169.04, 4171.04, 4301.30, 4301.42, 4303.22, 4303.33,	375
4313.02, 4501.01, 4501.06, 4503.031, 4503.061, 4503.062, 4503.49,	376
4503.81, 4506.01, 4506.03, 4506.22, 4506.25, 4507.01, 4507.011,	377
4507.12, 4507.51, 4511.191, 4511.78, 4513.263, 4513.50, 4561.21,	378
4731.22, 4736.01, 4740.03, 4740.11, 4740.14, 4743.05, 4763.05,	379
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08,	380
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	381
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	382
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	383
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	384
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	385
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	386
4766.12, 4766.13, 4766.15, 4766.22, 4773.08, 4781.01, 4781.02,	387
4781.04, 4781.07, 4781.09, 4781.14, 4781.15, 4781.99, 4905.01,	388
4905.02, 4905.03, 4905.05, 4905.06, 4905.402, 4905.54, 4905.57,	389
4905.58, 4905.84, 4905.90, 4907.01, 4907.02, 4907.04, 4907.08,	390
4907.19, 4907.28, 4907.35, 4907.37, 4907.43, 4907.49, 4907.57,	391
4907.59, 4907.60, 4907.61, 4907.62, 4909.01, 4909.02, 4909.03,	392
4909.17, 4909.22, 4909.24, 4909.28, 4911.01, 4927.01, 4928.23,	393
4928.2314, 4929.01, 4929.02, 4933.18, 4933.19, 4939.01, 4953.04,	394
4961.03, 4965.54, 5101.01, 5101.46, 5101.60, 5101.61, 5104.012,	395
5104.013, 5104.051, 5104.09, 5104.37, 5107.05, 5111.031, 5111.032,	396
5111.033, 5111.034, 5111.06, 5111.091, 5111.113, 5111.171,	397
5111.20, 5111.222, 5111.23, 5111.242, 5111.254, 5111.862,	398
5111.874, 5111.877, 5111.878, 5111.894, 5111.941, 5111.97,	399
5112.31, 5112.33, 5112.341, 5112.37, 5112.371, 5112.39, 5119.22,	400
5119.61, 5119.69, 5119.691, 5119.692, 5119.99, 5120.036, 5120.105,	401
5120.132, 5120.66, 5122.31, 5123.01, 5123.033, 5123.042, 5123.044,	402
5123.0412, 5123.0414, 5123.0415, 5123.081, 5123.16, 5123.161,	403
5123.162, 5123.163, 5123.164, 5123.166, 5123.169, 5123.171,	404
5123.19, 5123.31, 5123.38, 5123.41, 5123.50, 5123.51, 5123.542,	405
5123.61, 5123.89, 5126.023, 5126.0220, 5126.0221, 5126.043,	406
5126.046, 5126.055, 5126.13, 5126.15, 5126.20, 5126.21, 5126.22,	407
5126.25, 5126.251, 5126.51, 5139.41, 5139.43, 5149.311, 5501.03,	408
5501.04, 5501.07, 5501.51, 5502.01, 5502.011, 5503.02, 5503.04,	409
5503.21, 5503.22, 5503.23, 5503.34, 5505.068, 5505.0610, 5701.13,	410
5703.052, 5703.053, 5703.261, 5703.37, 5703.47, 5703.70, 5705.392,	411
5707.03, 5709.12, 5709.212, 5709.76, 5711.22, 5717.01, 5717.011,	412
5717.02, 5725.02, 5725.14, 5725.16, 5725.26, 5725.33, 5727.84,	413
5727.86, 5731.39, 5733.01, 5733.02, 5733.021, 5733.06, 5733.064,	414
5733.26, 5735.02, 5735.03, 5735.35, 5739.01, 5739.02, 5739.021,	415
5739.023, 5739.026, 5739.04, 5739.17, 5741.08, 5743.031, 5743.20,	416
5743.61, 5743.66, 5747.01, 5747.082, 5747.11, 5747.98, 5751.01,	417
5751.011, 5751.012, 5751.03, 5751.033, 5751.04, 5751.05, 5751.051,	418
5751.08, 5751.12, 5751.20, 5751.22, 5751.98, 5753.03, 5902.02,	419
6109.21, 6111.46, and 6115.20 be amended; sections 123.011	420
(123.22), 123.04 (123.02), 123.07 (123.03), 123.09 (123.04),	421
123.10 (123.05), 123.024 (123.06), 123.101 (123.27), 123.11	422
(123.07), 123.13 (123.08), 123.14 (123.09), 123.15 (123.10),	423
123.17 (123.24), 123.21 (123.11), 123.46 (123.12), 123.47	424
(123.13), 123.48 (123.14), 123.49 (123.15), 123.77 (123.17),	425
123.08 (123.18), 185.01 (3701.92), 185.02 (3701.923), 185.03	426
(3701.924), 185.05 (3701.925), 185.06 (3701.926), 185.07	427
(3701.927), 185.09 (3701.928), 185.12 (3701.929), 1502.01	428
(3736.01), 1502.03 (3736.02), 1502.02 (3736.03), 1502.04	429
(3736.04), 1502.05 (3736.05), 1502.06 (3736.06), 1502.07	430
(3736.07), 1502.12 (3734.822), 1502.99 (3736.99), 3702.522	431
(3702.521), 3702.523 (3702.522), 3702.524 (3702.523), 3702.525	432
(3702.524), 3702.526 (3702.525), 3733.02 (4781.26), 3733.021	433
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 3733.025	434
(4781.34), 3733.03 (4781.27), 3733.04 (4781.28), 3733.05	435
(4781.29), 3733.06 (4781.30), 3733.07 (4781.301), 3733.08	436
(4781.35), 3733.09 (4781.36), 3733.091 (4781.37), 3733.10	437
(4781.38), 3733.101 (4781.39), 3733.11 (4781.40), 3733.12	438
(4781.41), 3733.121 (4781.42), 3733.122 (4781.43), 3733.123	439
(4781.44), 3733.13 (4781.45), 3733.14 (4781.46), 3733.15	440
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 3733.18	441
(4781.50), 3733.19 (4781.51), 3733.20 (4781.52), 5123.169	442
(5123.1610), 5503.21 (5502.05), 5503.22 (5502.06), and 5503.23	443
(5502.07) be amended for the purpose of adopting new section	444
numbers as indicated in parentheses; and new sections 3702.526,	445
4905.80, 4905.81, 4921.01, 4921.03, 4921.05, 4921.07, 4921.09,	446
4921.11, 4921.13, 4921.15, 4921.16, 4921.19, 4921.25, 4921.30,	447
4921.32, 4921.36, 4921.38, 4923.01, 4923.02, 4923.04, 4923.06,	448
4923.07, 4923.09, 4923.11, 4923.99, 5123.169, and 5123.192 and	449
sections 121.35, 123.20, 123.201, 123.21, 123.23, 123.25, 123.26,	450
123.51, 127.27, 191.01, 191.02, 191.04, 191.06, 307.093, 319.09,	451
1533.081, 2152.131, 2743.021, 2743.022, 3701.93, 3701.931,	452
3701.932, 3701.933, 3701.934, 3701.935, 3701.936, 3701.937,	453
3701.938, 3701.9310, 3701.9311, 3701.9312, 3701.9314, 3702.511,	454
3702.527, 3793.041, 3798.01, 3798.02, 3798.03, 3798.04, 3798.06,	455
3798.08, 3798.10, 3798.12, 3798.13, 3798.14, 3798.15, 3798.16,	456
4781.121, 4781.54, 4921.21, 4921.34, 4923.15, 5111.246, 5111.946,	457
5111.96, 5112.331, 5139.511, 5701.12, 5703.021, 5703.061, 5726.01,	458
5726.02, 5726.03, 5726.04, 5726.05, 5726.06, 5726.07, 5726.08,	459
5726.10, 5726.20, 5726.21, 5726.30, 5726.31, 5726.32, 5726.33,	460
5726.36, 5726.40, 5726.41, 5726.42, 5726.43, 5726.50, 5726.51,	461
5726.52, 5726.53, 5726.54, 5726.55, 5726.98, 5726.99, 5747.65, and	462
5751.54 of the Revised Code be enacted to read as follows:	463

Sec. 7.10. For the publication of advertisements, notices,	464
and proclamations, except those relating to proposed amendments to	465
the Ohio Constitution, required to be published by a public	466
officer of the state,, a benevolent or other public institution, a	467
trustee, assignee, executor, or administrator, or by or in any	468
court of record, except when the rate is otherwise fixed by law,	469
publishers of newspapers may charge and receive for such	470
advertisements, notices, and proclamations rates charged on annual	471
contracts by them for a like amount of space to other advertisers	472
who advertise in its general display advertising columns.	473

For the publication of advertisements, notices, or	474
proclamations required to be published by a public officer of a	475
county, municipal corporation, township, school, or other	476
political subdivision, publishers of newspapers shall establish a	477
government rate, which shall include free publication of	478
advertisements, notices, or proclamations on the newspaper's	479
internet web site, if the newspaper has one. The government rate	480
shall not exceed the lowest classified advertising rate and lowest	481
insert rate paid by other advertisers.	482

Legal advertising, except that relating to proposed	483
amendments to the Ohio Constitution, shall be set up in a compact	484
form, without unnecessary spaces, blanks, or headlines, and	485
printed in not smaller than six-point type. The type used must be	486
of such proportions that the body of the capital letter M is no	487
wider than it is high and all other letters and characters are in	488
proportion.	489

Except as provided in section 2701.09 of the Revised Code,	490
all legal advertisements or notices shall be printed in ~~newspapers~~	491
a newspaper of general circulation ~~and also shall be posted on the~~	492
~~state public notice web site created under section 125.182 of the~~	493
~~Revised Code,~~ and on athe newspaper's internet web site, if the	494
newspaper has one.	495

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

496

(1) "State agency" means any organized body, office, agency,	497
institution, or other entity established by the laws of the state	498
for the exercise of any function of state government, including	499
state institutions of higher education, as defined in section	500
3345.011 of the Revised Code.	501

(2) "Political subdivision" has the meaning defined in	502
section 2744.01 of the Revised Code.	503

(B) If a section of the Revised Code or an administrative	504
rule requires a state agency or a political subdivision ~~of the~~	505
~~state~~ to publish a notice or advertisement two or more times in a	506
newspaper of general circulation and the section or administrative	507
rule refers to this section, the first publication of the notice	508
or advertisement shall be made in its entirety in a newspaper of	509
general circulation and may be made in a preprinted insert in the	510
newspaper, but the second publication otherwise required by that	511
section or administrative rule may be made in abbreviated form in	512
a newspaper of general circulation in the state or in the	513
political subdivision, as designated in that section or	514
administrative rule, and on the newspaper's internet web site, if	515
the newspaper has one. The state agency or political subdivision	516
may eliminate any further newspaper publications required by that	517
section or administrative rule, provided that the second,	518
abbreviated notice or advertisement meets all of the following	519
requirements:	520

(1) It is published in the newspaper of general circulation	521
in which the first publication of the notice or advertisement was	522
made and is published on that newspaper's internet web site, if	523
the newspaper has one.	524

(2) It is published on the state public notice web site	525
established under section 125.182 of the Revised Code.	526

(3) It includes a title, followed by a summary paragraph or	527
statement that clearly describes the specific purpose of the	528
notice or advertisement, and includes a statement that the notice	529
or advertisement is posted in its entirety on the state public	530
notice web site ~~established under section 125.182 of the Revised~~	531
~~Code~~. The notice or advertisement also may be posted on the state	532
agency's or political subdivision's internet web site.	533

~~(3)~~(4) It includes the internet addresses of the state public	534
notice web site, and of the newspaper's and state agency's or	535
political subdivision's internet web site if the notice or	536
advertisement is posted on those web sites, and the name, address,	537
telephone number, and electronic mail address of the state agency,	538
political subdivision, or other party responsible for publication	539
of the notice or advertisement.	540

~~(B)~~(C) A notice or advertisement published under this section	541
on an internet web site shall be published in its entirety in	542
accordance with the section of the Revised Code or the	543
administrative rule that requires the publication.	544

~~(C)~~(D) If ~~a state agency or political subdivision does not~~	545
~~operate and maintain, or ceases to operate and maintain, an~~	546
~~internet web site, and if~~ the state public notice web site	547
established under section 125.182 of the Revised Code is not	548
operational, the state agency or political subdivision shall not	549
publish a notice or advertisement under this section, but instead	550
shall comply with the publication requirements of the section of	551
the Revised Code or the administrative rule that refers to this	552
section.	553

Sec. 102.02. (A) Except as otherwise provided in division	554
(H) of this section, all of the following shall file with the	555
appropriate ethics commission the disclosure statement described	556
in this division on a form prescribed by the appropriate	557
commission: every person who is elected to or is a candidate for a	558
state, county, or city office and every person who is appointed to	559
fill a vacancy for an unexpired term in such an elective office;	560
all members of the state board of education; the director,	561
assistant directors, deputy directors, division chiefs, or persons	562
of equivalent rank of any administrative department of the state;	563
the president or other chief administrative officer of every state	564
institution of higher education as defined in section 3345.011 of	565
the Revised Code; the executive director and the members of the	566
capitol square review and advisory board appointed or employed	567
pursuant to section 105.41 of the Revised Code; all members of the	568
Ohio casino control commission, the executive director of the	569
commission, all professional employees of the commission, and all	570
technical employees of the commission who perform an internal	571
audit function; the individuals set forth in division (B)(2) of	572
section 187.03 of the Revised Code; the chief executive officer	573
and the members of the board of each state retirement system; each	574
employee of a state retirement board who is a state retirement	575
system investment officer licensed pursuant to section 1707.163 of	576
the Revised Code; the members of the Ohio retirement study council	577
appointed pursuant to division (C) of section 171.01 of the	578
Revised Code; employees of the Ohio retirement study council,	579
other than employees who perform purely administrative or clerical	580
functions; the administrator of workers' compensation and each	581
member of the bureau of workers' compensation board of directors;	582
the bureau of workers' compensation director of investments; the	583
chief investment officer of the bureau of workers' compensation;	584
all members of the board of commissioners on grievances and	585
discipline of the supreme court and the ethics commission created	586
under section 102.05 of the Revised Code; every business manager,	587
treasurer, or superintendent of a city, local, exempted village,	588
joint vocational, or cooperative education school district or an	589
educational service center; every person who is elected to or is a	590
candidate for the office of member of a board of education of a	591
city, local, exempted village, joint vocational, or cooperative	592
education school district or of a governing board of an	593
educational service center that has a total student count of	594
twelve thousand or more as most recently determined by the	595
department of education pursuant to section 3317.03 of the Revised	596
Code; every person who is appointed to the board of education of a	597
municipal school district pursuant to division (B) or (F) of	598
section 3311.71 of the Revised Code; all members of the board of	599
directors of a sanitary district that is established under Chapter	600
6115. of the Revised Code and organized wholly for the purpose of	601
providing a water supply for domestic, municipal, and public use,	602
and that includes two municipal corporations in two counties;	603
every public official or employee who is paid a salary or wage in	604
accordance with schedule C of section 124.15 or schedule E-2 of	605
section 124.152 of the Revised Code; members of the board of	606
trustees and the executive director of the southern Ohio	607
agricultural and community development foundation; all members	608
appointed to the Ohio livestock care standards board under section	609
904.02 of the Revised Code; and every other public official or	610
employee who is designated by the appropriate ethics commission	611
pursuant to division (B) of this section.	612

The disclosure statement shall include all of the following:

613

(1) The name of the person filing the statement and each	614
member of the person's immediate family and all names under which	615
the person or members of the person's immediate family do	616
business;	617

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	618
and except as otherwise provided in section 102.022 of the Revised	619
Code, identification of every source of income, other than income	620
from a legislative agent identified in division (A)(2)(b) of this	621
section, received during the preceding calendar year, in the	622
person's own name or by any other person for the person's use or	623
benefit, by the person filing the statement, and a brief	624
description of the nature of the services for which the income was	625
received. If the person filing the statement is a member of the	626
general assembly, the statement shall identify the amount of every	627
source of income received in accordance with the following ranges	628
of amounts: zero or more, but less than one thousand dollars; one	629
thousand dollars or more, but less than ten thousand dollars; ten	630
thousand dollars or more, but less than twenty-five thousand	631
dollars; twenty-five thousand dollars or more, but less than fifty	632
thousand dollars; fifty thousand dollars or more, but less than	633
one hundred thousand dollars; and one hundred thousand dollars or	634
more. Division (A)(2)(a) of this section shall not be construed to	635
require a person filing the statement who derives income from a	636
business or profession to disclose the individual items of income	637
that constitute the gross income of that business or profession,	638
except for those individual items of income that are attributable	639
to the person's or, if the income is shared with the person, the	640
partner's, solicitation of services or goods or performance,	641
arrangement, or facilitation of services or provision of goods on	642
behalf of the business or profession of clients, including	643
corporate clients, who are legislative agents. A person who files	644
the statement under this section shall disclose the identity of	645
and the amount of income received from a person who the public	646
official or employee knows or has reason to know is doing or	647
seeking to do business of any kind with the public official's or	648
employee's agency.	649

(b) If the person filing the statement is a member of the	650
general assembly, the statement shall identify every source of	651
income and the amount of that income that was received from a	652
legislative agent during the preceding calendar year, in the	653
person's own name or by any other person for the person's use or	654
benefit, by the person filing the statement, and a brief	655
description of the nature of the services for which the income was	656
received. Division (A)(2)(b) of this section requires the	657
disclosure of clients of attorneys or persons licensed under	658
section 4732.12 of the Revised Code, or patients of persons	659
certified under section 4731.14 of the Revised Code, if those	660
clients or patients are legislative agents. Division (A)(2)(b) of	661
this section requires a person filing the statement who derives	662
income from a business or profession to disclose those individual	663
items of income that constitute the gross income of that business	664
or profession that are received from legislative agents.	665

(c) Except as otherwise provided in division (A)(2)(c) of	666
this section, division (A)(2)(a) of this section applies to	667
attorneys, physicians, and other persons who engage in the	668
practice of a profession and who, pursuant to a section of the	669
Revised Code, the common law of this state, a code of ethics	670
applicable to the profession, or otherwise, generally are required	671
not to reveal, disclose, or use confidences of clients, patients,	672
or other recipients of professional services except under	673
specified circumstances or generally are required to maintain	674
those types of confidences as privileged communications except	675
under specified circumstances. Division (A)(2)(a) of this section	676
does not require an attorney, physician, or other professional	677
subject to a confidentiality requirement as described in division	678
(A)(2)(c) of this section to disclose the name, other identity, or	679
address of a client, patient, or other recipient of professional	680
services if the disclosure would threaten the client, patient, or	681
other recipient of professional services, would reveal details of	682
the subject matter for which legal, medical, or professional	683
advice or other services were sought, or would reveal an otherwise	684
privileged communication involving the client, patient, or other	685
recipient of professional services. Division (A)(2)(a) of this	686
section does not require an attorney, physician, or other	687
professional subject to a confidentiality requirement as described	688
in division (A)(2)(c) of this section to disclose in the brief	689
description of the nature of services required by division	690
(A)(2)(a) of this section any information pertaining to specific	691
professional services rendered for a client, patient, or other	692
recipient of professional services that would reveal details of	693
the subject matter for which legal, medical, or professional	694
advice was sought or would reveal an otherwise privileged	695
communication involving the client, patient, or other recipient of	696
professional services.	697

(3) The name of every corporation on file with the secretary	698
of state that is incorporated in this state or holds a certificate	699
of compliance authorizing it to do business in this state, trust,	700
business trust, partnership, or association that transacts	701
business in this state in which the person filing the statement or	702
any other person for the person's use and benefit had during the	703
preceding calendar year an investment of over one thousand dollars	704
at fair market value as of the thirty-first day of December of the	705
preceding calendar year, or the date of disposition, whichever is	706
earlier, or in which the person holds any office or has a	707
fiduciary relationship, and a description of the nature of the	708
investment, office, or relationship. Division (A)(3) of this	709
section does not require disclosure of the name of any bank,	710
savings and loan association, credit union, or building and loan	711
association with which the person filing the statement has a	712
deposit or a withdrawable share account.	713

(4) All fee simple and leasehold interests to which the	714
person filing the statement holds legal title to or a beneficial	715
interest in real property located within the state, excluding the	716
person's residence and property used primarily for personal	717
recreation;	718

(5) The names of all persons residing or transacting business	719
in the state to whom the person filing the statement owes, in the	720
person's own name or in the name of any other person, more than	721
one thousand dollars. Division (A)(5) of this section shall not be	722
construed to require the disclosure of debts owed by the person	723
resulting from the ordinary conduct of a business or profession or	724
debts on the person's residence or real property used primarily	725
for personal recreation, except that the superintendent of	726
financial institutions shall disclose the names of all	727
state-chartered savings and loan associations and of all service	728
corporations subject to regulation under division (E)(2) of	729
section 1151.34 of the Revised Code to whom the superintendent in	730
the superintendent's own name or in the name of any other person	731
owes any money, and that the superintendent and any deputy	732
superintendent of banks shall disclose the names of all	733
state-chartered banks and all bank subsidiary corporations subject	734
to regulation under section 1109.44 of the Revised Code to whom	735
the superintendent or deputy superintendent owes any money.	736

(6) The names of all persons residing or transacting business	737
in the state, other than a depository excluded under division	738
(A)(3) of this section, who owe more than one thousand dollars to	739
the person filing the statement, either in the person's own name	740
or to any person for the person's use or benefit. Division (A)(6)	741
of this section shall not be construed to require the disclosure	742
of clients of attorneys or persons licensed under section 4732.12	743
or 4732.15 of the Revised Code, or patients of persons certified	744
under section 4731.14 of the Revised Code, nor the disclosure of	745
debts owed to the person resulting from the ordinary conduct of a	746
business or profession.	747

(7) Except as otherwise provided in section 102.022 of the	748
Revised Code, the source of each gift of over seventy-five	749
dollars, or of each gift of over twenty-five dollars received by a	750
member of the general assembly from a legislative agent, received	751
by the person in the person's own name or by any other person for	752
the person's use or benefit during the preceding calendar year,	753
except gifts received by will or by virtue of section 2105.06 of	754
the Revised Code, or received from spouses, parents, grandparents,	755
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	756
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	757
fathers-in-law, mothers-in-law, or any person to whom the person	758
filing the statement stands in loco parentis, or received by way	759
of distribution from any inter vivos or testamentary trust	760
established by a spouse or by an ancestor;	761

(8) Except as otherwise provided in section 102.022 of the	762
Revised Code, identification of the source and amount of every	763
payment of expenses incurred for travel to destinations inside or	764
outside this state that is received by the person in the person's	765
own name or by any other person for the person's use or benefit	766
and that is incurred in connection with the person's official	767
duties, except for expenses for travel to meetings or conventions	768
of a national or state organization to which any state agency,	769
including, but not limited to, any legislative agency or state	770
institution of higher education as defined in section 3345.011 of	771
the Revised Code, pays membership dues, or any political	772
subdivision or any office or agency of a political subdivision	773
pays membership dues;	774

(9) Except as otherwise provided in section 102.022 of the	775
Revised Code, identification of the source of payment of expenses	776
for meals and other food and beverages, other than for meals and	777
other food and beverages provided at a meeting at which the person	778
participated in a panel, seminar, or speaking engagement or at a	779
meeting or convention of a national or state organization to which	780
any state agency, including, but not limited to, any legislative	781
agency or state institution of higher education as defined in	782
section 3345.011 of the Revised Code, pays membership dues, or any	783
political subdivision or any office or agency of a political	784
subdivision pays membership dues, that are incurred in connection	785
with the person's official duties and that exceed one hundred	786
dollars aggregated per calendar year;	787

(10) If the disclosure statement is filed by a public	788
official or employee described in division (B)(2) of section	789
101.73 of the Revised Code or division (B)(2) of section 121.63 of	790
the Revised Code who receives a statement from a legislative	791
agent, executive agency lobbyist, or employer that contains the	792
information described in division (F)(2) of section 101.73 of the	793
Revised Code or division (G)(2) of section 121.63 of the Revised	794
Code, all of the nondisputed information contained in the	795
statement delivered to that public official or employee by the	796
legislative agent, executive agency lobbyist, or employer under	797
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	798
the Revised Code.	799

A person may file a statement required by this section in	800
person or by mail. A person who is a candidate for elective office	801
shall file the statement no later than the thirtieth day before	802
the primary, special, or general election at which the candidacy	803
is to be voted on, whichever election occurs soonest, except that	804
a person who is a write-in candidate shall file the statement no	805
later than the twentieth day before the earliest election at which	806
the person's candidacy is to be voted on. A person who holds	807
elective office shall file the statement on or before the	808
fifteenth day of April of each year unless the person is a	809
candidate for office. A person who is appointed to fill a vacancy	810
for an unexpired term in an elective office shall file the	811
statement within fifteen days after the person qualifies for	812
office. Other persons shall file an annual statement on or before	813
the fifteenth day of April or, if appointed or employed after that	814
date, within ninety days after appointment or employment. No	815
person shall be required to file with the appropriate ethics	816
commission more than one statement or pay more than one filing fee	817
for any one calendar year.	818

The appropriate ethics commission, for good cause, may extend	819
for a reasonable time the deadline for filing a statement under	820
this section.	821

A statement filed under this section is subject to public	822
inspection at locations designated by the appropriate ethics	823
commission except as otherwise provided in this section.	824

(B) The Ohio ethics commission, the joint legislative ethics	825
committee, and the board of commissioners on grievances and	826
discipline of the supreme court, using the rule-making procedures	827
of Chapter 119. of the Revised Code, may require any class of	828
public officials or employees under its jurisdiction and not	829
specifically excluded by this section whose positions involve a	830
substantial and material exercise of administrative discretion in	831
the formulation of public policy, expenditure of public funds,	832
enforcement of laws and rules of the state or a county or city, or	833
the execution of other public trusts, to file an annual statement	834
on or before the fifteenth day of April under division (A) of this	835
section. The appropriate ethics commission shall send the public	836
officials or employees written notice of the requirement by the	837
fifteenth day of February of each year the filing is required	838
unless the public official or employee is appointed after that	839
date, in which case the notice shall be sent within thirty days	840
after appointment, and the filing shall be made not later than	841
ninety days after appointment.	842

Except for disclosure statements filed by members of the	843
board of trustees and the executive director of the southern Ohio	844
agricultural and community development foundation, disclosure	845
statements filed under this division with the Ohio ethics	846
commission by members of boards, commissions, or bureaus of the	847
state for which no compensation is received other than reasonable	848
and necessary expenses shall be kept confidential. Disclosure	849
statements filed with the Ohio ethics commission under division	850
(A) of this section by business managers, treasurers, and	851
superintendents of city, local, exempted village, joint	852
vocational, or cooperative education school districts or	853
educational service centers shall be kept confidential, except	854
that any person conducting an audit of any such school district or	855
educational service center pursuant to section 115.56 or Chapter	856
117. of the Revised Code may examine the disclosure statement of	857
any business manager, treasurer, or superintendent of that school	858
district or educational service center. Disclosure statements	859
filed with the Ohio ethics commission under division (A) of this	860
section by the individuals set forth in division (B)(2) of section	861
187.03 of the Revised Code shall be kept confidential. The Ohio	862
ethics commission shall examine each disclosure statement required	863
to be kept confidential to determine whether a potential conflict	864
of interest exists for the person who filed the disclosure	865
statement. A potential conflict of interest exists if the private	866
interests of the person, as indicated by the person's disclosure	867
statement, might interfere with the public interests the person is	868
required to serve in the exercise of the person's authority and	869
duties in the person's office or position of employment. If the	870
commission determines that a potential conflict of interest	871
exists, it shall notify the person who filed the disclosure	872
statement and shall make the portions of the disclosure statement	873
that indicate a potential conflict of interest subject to public	874
inspection in the same manner as is provided for other disclosure	875
statements. Any portion of the disclosure statement that the	876
commission determines does not indicate a potential conflict of	877
interest shall be kept confidential by the commission and shall	878
not be made subject to public inspection, except as is necessary	879
for the enforcement of Chapters 102. and 2921. of the Revised Code	880
and except as otherwise provided in this division.	881

(C) No person shall knowingly fail to file, on or before the	882
applicable filing deadline established under this section, a	883
statement that is required by this section.	884

(D) No person shall knowingly file a false statement that is	885
required to be filed under this section.	886

(E)(1) Except as provided in divisions (E)(2) and (3) of this	887
section, the statement required by division (A) or (B) of this	888
section shall be accompanied by a filing fee of ~~forty~~sixty	889
dollars.	890

(2) The statement required by division (A) of this section	891
shall be accompanied by the following filing fee to be paid by the	892
person who is elected or appointed to, or is a candidate for, any	893
of the following offices:	894

For state office, except member of the		895
state board of education	$95	896
For office of member of general assembly	$40	897
For county office	$60	898
For city office	$35	899
For office of member of the state board		900
of education	~~$25~~ $35	901
~~For office of member of the Ohio~~		902
~~livestock care standards board~~	~~$.....~~	903
For office of member of a city, local,		904
exempted village, or cooperative		905
education board of		906
education or educational service		907
center governing board	$30	908
For position of business manager,		909
treasurer, or superintendent of a		910
city, local, exempted village, joint		911
vocational, or cooperative education		912
school district or		913
educational service center	$30	914

(3) No judge of a court of record or candidate for judge of a	915
court of record, and no referee or magistrate serving a court of	916
record, shall be required to pay the fee required under division	917
(E)(1) or (2) or (F) of this section.	918

(4) For any public official who is appointed to a nonelective	919
office of the state and for any employee who holds a nonelective	920
position in a public agency of the state, the state agency that is	921
the primary employer of the state official or employee shall pay	922
the fee required under division (E)(1) or (F) of this section.	923

(F) If a statement required to be filed under this section is	924
not filed by the date on which it is required to be filed, the	925
appropriate ethics commission shall assess the person required to	926
file the statement a late filing fee of ten dollars for each day	927
the statement is not filed, except that the total amount of the	928
late filing fee shall not exceed two hundred fifty dollars.	929

(G)(1) The appropriate ethics commission other than the Ohio	930
ethics commission and the joint legislative ethics committee shall	931
deposit all fees it receives under divisions (E) and (F) of this	932
section into the general revenue fund of the state.	933

(2) The Ohio ethics commission shall deposit all receipts,	934
including, but not limited to, fees it receives under divisions	935
(E) and (F) of this section, investigative or other fees, costs,	936
or other funds it receives as a result of court orders, and all	937
moneys it receives from settlements under division (G) of section	938
102.06 of the Revised Code, into the Ohio ethics commission fund,	939
which is hereby created in the state treasury. All moneys credited	940
to the fund shall be used solely for expenses related to the	941
operation and statutory functions of the commission.	942

(3) The joint legislative ethics committee shall deposit all	943
receipts it receives from the payment of financial disclosure	944
statement filing fees under divisions (E) and (F) of this section	945
into the joint legislative ethics committee investigative fund.	946

(H) Division (A) of this section does not apply to a person	947
elected or appointed to the office of precinct, ward, or district	948
committee member under Chapter 3517. of the Revised Code; a	949
presidential elector; a delegate to a national convention; village	950
or township officials and employees; any physician or psychiatrist	951
who is paid a salary or wage in accordance with schedule C of	952
section 124.15 or schedule E-2 of section 124.152 of the Revised	953
Code and whose primary duties do not require the exercise of	954
administrative discretion; or any member of a board, commission,	955
or bureau of any county or city who receives less than one	956
thousand dollars per year for serving in that position.	957

Sec. 105.41. (A) There is hereby created in the legislative	958
branch of government the capitol square review and advisory board,	959
consisting of thirteen members as follows:	960

(1) Two members of the senate, appointed by the president of	961
the senate, both of whom shall not be members of the same	962
political party;	963

(2) Two members of the house of representatives, appointed by	964
the speaker of the house of representatives, both of whom shall	965
not be members of the same political party;	966

(3) Five members appointed by the governor, with the advice	967
and consent of the senate, not more than three of whom shall be	968
members of the same political party, one of whom shall be the	969
chief of staff of the governor's office, one of whom shall	970
represent the Ohio arts council, one of whom shall represent the	971
Ohio historical society, one of whom shall represent the ~~Ohio~~	972
~~building authority~~department of administrative services, and one	973
of whom shall represent the public at large;	974

(4) One member, who shall be a former president of the	975
senate, appointed by the current president of the senate. If the	976
current president of the senate, in the current president's	977
discretion, decides for any reason not to make the appointment or	978
if no person is eligible or available to serve, the seat shall	979
remain vacant.	980

(5) One member, who shall be a former speaker of the house of	981
representatives, appointed by the current speaker of the house of	982
representatives. If the current speaker of the house of	983
representatives, in the current speaker's discretion, decides for	984
any reason not to make the appointment or if no person is eligible	985
or available to serve, the seat shall remain vacant.	986

(6) The clerk of the senate and the clerk of the house of	987
representatives.	988

(B) Terms of office of each appointed member of the board	989
shall be for three years, except that members of the general	990
assembly appointed to the board shall be members of the board only	991
so long as they are members of the general assembly and the chief	992
of staff of the governor's office shall be a member of the board	993
only so long as the appointing governor remains in office. Each	994
member shall hold office from the date of the member's appointment	995
until the end of the term for which the member was appointed. In	996
case of a vacancy occurring on the board, the president of the	997
senate, the speaker of the house of representatives, or the	998
governor, as the case may be, shall in the same manner prescribed	999
for the regular appointment to the commission, fill the vacancy by	1000
appointing a member. Any member appointed to fill a vacancy	1001
occurring prior to the expiration of the term for which the	1002
member's predecessor was appointed shall hold office for the	1003
remainder of the term. Any appointed member shall continue in	1004
office subsequent to the expiration date of the member's term	1005
until the member's successor takes office, or until a period of	1006
sixty days has elapsed, whichever occurs first.	1007

(C) The board shall hold meetings in a manner and at times	1008
prescribed by the rules adopted by the board. A majority of the	1009
board constitutes a quorum, and no action shall be taken by the	1010
board unless approved by at least six members or by at least seven	1011
members if a person is appointed under division (A)(4) or (5) of	1012
this section. At its first meeting, the board shall adopt rules	1013
for the conduct of its business and the election of its officers,	1014
and shall organize by selecting a chairperson and other officers	1015
as it considers necessary. Board members shall serve without	1016
compensation but shall be reimbursed for actual and necessary	1017
expenses incurred in the performance of their duties.	1018

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

1019

(1) Employ or hire on a consulting basis professional,	1020
technical, and clerical employees as are necessary for the	1021
performance of its duties. All employees of the board are in the	1022
unclassified service and serve at the pleasure of the board. For	1023
purposes of section 4117.01 of the Revised Code, employees of the	1024
board shall be considered employees of the general assembly,	1025
except that employees who are covered by a collective bargaining	1026
agreement on ~~the effective date of this amendment~~September 29,	1027
2011, shall remain subject to the agreement until the agreement	1028
expires on its terms, and the agreement shall not be extended or	1029
renewed. Upon expiration of the agreement, the employees are	1030
considered employees of the general assembly for purposes of	1031
section 4117.01 of the Revised Code and are in the unclassified	1032
service and serve at the pleasure of the board.	1033

(2) Hold public hearings at times and places as determined by	1034
the board;	1035

(3) Adopt, amend, or rescind rules necessary to accomplish	1036
the duties of the board as set forth in this section;	1037

(4) Sponsor, conduct, and support such social events as the	1038
board may authorize and consider appropriate for the employees of	1039
the board, employees and members of the general assembly,	1040
employees of persons under contract with the board or otherwise	1041
engaged to perform services on the premises of capitol square, or	1042
other persons as the board may consider appropriate. Subject to	1043
the requirements of Chapter 4303. of the Revised Code, the board	1044
may provide beer, wine, and intoxicating liquor, with or without	1045
charge, for those events and may use funds only from the sale of	1046
goods and services fund to purchase the beer, wine, and	1047
intoxicating liquor the board provides;	1048

(5) Purchase a warehouse in which to store items of the	1049
capitol collection trust and, whenever necessary, equipment or	1050
other property of the board.	1051

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

1052

(1) Have sole authority to coordinate and approve any	1053
improvements, additions, and renovations that are made to the	1054
capitol square. The improvements shall include, but not be limited	1055
to, the placement of monuments and sculpture on the capitol	1056
grounds.	1057

(2) Subject to section 3353.07 of the Revised Code, operate	1058
the capitol square, and have sole authority to regulate all uses	1059
of the capitol square. The uses shall include, but not be limited	1060
to, the casual and recreational use of the capitol square.	1061

(3) Employ, fix the compensation of, and prescribe the duties	1062
of the executive director of the board and other employees the	1063
board considers necessary for the performance of its powers and	1064
duties;	1065

(4) Establish and maintain the capitol collection trust. The	1066
capitol collection trust shall consist of furniture, antiques, and	1067
other items of personal property that the board shall store in	1068
suitable facilities until they are ready to be displayed in the	1069
capitol square.	1070

(5) Perform repair, construction, contracting, purchasing,	1071
maintenance, supervisory, and operating activities the board	1072
determines are necessary for the operation and maintenance of the	1073
capitol square;	1074

(6) Maintain and preserve the capitol square, in accordance	1075
with guidelines issued by the United States secretary of the	1076
interior for application of the secretary's standards for	1077
rehabilitation adopted in 36 C.F.R. part 67;	1078

(7) Plan and develop a center at the capitol building for the	1079
purpose of educating visitors about the history of Ohio, including	1080
its political, economic, and social development and the design and	1081
erection of the capitol building and its grounds.	1082

(F)(1) The board shall lease capital facilities improved or	1083
financed by the Ohio building authority pursuant to Chapter 152.	1084
of the Revised Code for the use of the board, and may enter into	1085
any other agreements with the authority ancillary to improvement,	1086
financing, or leasing of those capital facilities, including, but	1087
not limited to, any agreement required by the applicable bond	1088
proceedings authorized by Chapter 152. of the Revised Code. Any	1089
lease of capital facilities authorized by this section shall be	1090
governed by division (D) of section 152.24 of the Revised Code.	1091

(2) Fees, receipts, and revenues received by the board from	1092
the state underground parking garage constitute available receipts	1093
as defined in section 152.09 of the Revised Code, and may be	1094
pledged to the payment of bond service charges on obligations	1095
issued by the Ohio building authority pursuant to Chapter 152. of	1096
the Revised Code to improve, finance, or purchase capital	1097
facilities useful to the board. The authority may, with the	1098
consent of the board, provide in the bond proceedings for a pledge	1099
of all or a portion of those fees, receipts, and revenues as the	1100
authority determines. The authority may provide in the bond	1101
proceedings or by separate agreement with the board for the	1102
transfer of those fees, receipts, and revenues to the appropriate	1103
bond service fund or bond service reserve fund as required to pay	1104
the bond service charges when due, and any such provision for the	1105
transfer of those fees, receipts, and revenues shall be	1106
controlling notwithstanding any other provision of law pertaining	1107
to those fees, receipts, and revenues.	1108

(3) All moneys received by the treasurer of state on account	1109
of the board and required by the applicable bond proceedings or by	1110
separate agreement with the board to be deposited, transferred, or	1111
credited to the bond service fund or bond service reserve fund	1112
established by the bond proceedings shall be transferred by the	1113
treasurer of state to such fund, whether or not it is in the	1114
custody of the treasurer of state, without necessity for further	1115
appropriation, upon receipt of notice from the Ohio building	1116
authority as prescribed in the bond proceedings.	1117

(G) All fees, receipts, and revenues received by the board	1118
from the state underground parking garage shall be deposited into	1119
the state treasury to the credit of the underground parking garage	1120
operating fund, which is hereby created, to be used for the	1121
purposes specified in division (F) of this section and for the	1122
operation and maintenance of the garage. All investment earnings	1123
of the fund shall be credited to the fund.	1124

(H) All donations received by the board shall be deposited	1125
into the state treasury to the credit of the capitol square	1126
renovation gift fund, which is hereby created. The fund shall be	1127
used by the board as follows:	1128

(1) To provide part or all of the funding related to	1129
construction, goods, or services for the renovation of the capitol	1130
square;	1131

(2) To purchase art, antiques, and artifacts for display at	1132
the capitol square;	1133

(3) To award contracts or make grants to organizations for	1134
educating the public regarding the historical background and	1135
governmental functions of the capitol square. Chapters 125., 127.,	1136
and 153. and section 3517.13 of the Revised Code do not apply to	1137
purchases made exclusively from the fund, notwithstanding anything	1138
to the contrary in those chapters or that section. All investment	1139
earnings of the fund shall be credited to the fund.	1140

(I) Except as provided in divisions (G), (H), and (J) of this	1141
section, all fees, receipts, and revenues received by the board	1142
shall be deposited into the state treasury to the credit of the	1143
sale of goods and services fund, which is hereby created. Money	1144
credited to the fund shall be used solely to pay costs of the	1145
board other than those specified in divisions (F) and (G) of this	1146
section. All investment earnings of the fund shall be credited to	1147
the fund.	1148

(J) There is hereby created in the state treasury the capitol	1149
square improvement fund, to be used by the board to pay	1150
construction, renovation, and other costs related to the capitol	1151
square for which money is not otherwise available to the board.	1152
Whenever the board determines that there is a need to incur those	1153
costs and that the unencumbered, unobligated balance to the credit	1154
of the underground parking garage operating fund exceeds the	1155
amount needed for the purposes specified in division (F) of this	1156
section and for the operation and maintenance of the garage, the	1157
board may request the director of budget and management to	1158
transfer from the underground parking garage operating fund to the	1159
capitol square improvement fund the amount needed to pay such	1160
construction, renovation, or other costs. The director then shall	1161
transfer the amount needed from the excess balance of the	1162
underground parking garage operating fund.	1163

(K) As the operation and maintenance of the capitol square	1164
constitute essential government functions of a public purpose, the	1165
board shall not be required to pay taxes or assessments upon the	1166
square, upon any property acquired or used by the board under this	1167
section, or upon any income generated by the operation of the	1168
square.	1169

(L) As used in this section, "capitol square" means the	1170
capitol building, senate building, capitol atrium, capitol	1171
grounds, the state underground parking garage, and the warehouse	1172
owned by the board.	1173

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

1174

Sec. 109.57. (A)(1) The superintendent of the bureau of	1175
criminal identification and investigation shall procure from	1176
wherever procurable and file for record photographs, pictures,	1177
descriptions, fingerprints, measurements, and other information	1178
that may be pertinent of all persons who have been convicted of	1179
committing within this state a felony, any crime constituting a	1180
misdemeanor on the first offense and a felony on subsequent	1181
offenses, or any misdemeanor described in division (A)(1)(a),	1182
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1183
Code, of all children under eighteen years of age who have been	1184
adjudicated delinquent children for committing within this state	1185
an act that would be a felony or an offense of violence if	1186
committed by an adult or who have been convicted of or pleaded	1187
guilty to committing within this state a felony or an offense of	1188
violence, and of all well-known and habitual criminals. The person	1189
in charge of any county, multicounty, municipal, municipal-county,	1190
or multicounty-municipal jail or workhouse, community-based	1191
correctional facility, halfway house, alternative residential	1192
facility, or state correctional institution and the person in	1193
charge of any state institution having custody of a person	1194
suspected of having committed a felony, any crime constituting a	1195
misdemeanor on the first offense and a felony on subsequent	1196
offenses, or any misdemeanor described in division (A)(1)(a),	1197
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1198
Code or having custody of a child under eighteen years of age with	1199
respect to whom there is probable cause to believe that the child	1200
may have committed an act that would be a felony or an offense of	1201
violence if committed by an adult shall furnish such material to	1202
the superintendent of the bureau. Fingerprints, photographs, or	1203
other descriptive information of a child who is under eighteen	1204
years of age, has not been arrested or otherwise taken into	1205
custody for committing an act that would be a felony or an offense	1206
of violence who is not in any other category of child specified in	1207
this division, if committed by an adult, has not been adjudicated	1208
a delinquent child for committing an act that would be a felony or	1209
an offense of violence if committed by an adult, has not been	1210
convicted of or pleaded guilty to committing a felony or an	1211
offense of violence, and is not a child with respect to whom there	1212
is probable cause to believe that the child may have committed an	1213
act that would be a felony or an offense of violence if committed	1214
by an adult shall not be procured by the superintendent or	1215
furnished by any person in charge of any county, multicounty,	1216
municipal, municipal-county, or multicounty-municipal jail or	1217
workhouse, community-based correctional facility, halfway house,	1218
alternative residential facility, or state correctional	1219
institution, except as authorized in section 2151.313 of the	1220
Revised Code.	1221

(2) Every clerk of a court of record in this state, other	1222
than the supreme court or a court of appeals, shall send to the	1223
superintendent of the bureau a weekly report containing a summary	1224
of each case involving a felony, involving any crime constituting	1225
a misdemeanor on the first offense and a felony on subsequent	1226
offenses, involving a misdemeanor described in division (A)(1)(a),	1227
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1228
Code, or involving an adjudication in a case in which a child	1229
under eighteen years of age was alleged to be a delinquent child	1230
for committing an act that would be a felony or an offense of	1231
violence if committed by an adult. The clerk of the court of	1232
common pleas shall include in the report and summary the clerk	1233
sends under this division all information described in divisions	1234
(A)(2)(a) to (f) of this section regarding a case before the court	1235
of appeals that is served by that clerk. The summary shall be	1236
written on the standard forms furnished by the superintendent	1237
pursuant to division (B) of this section and shall include the	1238
following information:	1239

(a) The incident tracking number contained on the standard	1240
forms furnished by the superintendent pursuant to division (B) of	1241
this section;	1242

(b) The style and number of the case;

1243

1244

(d) The date that the person was convicted of or pleaded	1245
guilty to the offense, adjudicated a delinquent child for	1246
committing the act that would be a felony or an offense of	1247
violence if committed by an adult, found not guilty of the	1248
offense, or found not to be a delinquent child for committing an	1249
act that would be a felony or an offense of violence if committed	1250
by an adult, the date of an entry dismissing the charge, an entry	1251
declaring a mistrial of the offense in which the person is	1252
discharged, an entry finding that the person or child is not	1253
competent to stand trial, or an entry of a nolle prosequi, or the	1254
date of any other determination that constitutes final resolution	1255
of the case;	1256

(e) A statement of the original charge with the section of	1257
the Revised Code that was alleged to be violated;	1258

(f) If the person or child was convicted, pleaded guilty, or	1259
was adjudicated a delinquent child, the sentence or terms of	1260
probation imposed or any other disposition of the offender or the	1261
delinquent child.	1262

If the offense involved the disarming of a law enforcement	1263
officer or an attempt to disarm a law enforcement officer, the	1264
clerk shall clearly state that fact in the summary, and the	1265
superintendent shall ensure that a clear statement of that fact is	1266
placed in the bureau's records.	1267

(3) The superintendent shall cooperate with and assist	1268
sheriffs, chiefs of police, and other law enforcement officers in	1269
the establishment of a complete system of criminal identification	1270
and in obtaining fingerprints and other means of identification of	1271
all persons arrested on a charge of a felony, any crime	1272
constituting a misdemeanor on the first offense and a felony on	1273
subsequent offenses, or a misdemeanor described in division	1274
(A)(1)(a), (A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of	1275
the Revised Code and of all children under eighteen years of age	1276
arrested or otherwise taken into custody for committing an act	1277
that would be a felony or an offense of violence if committed by	1278
an adult. The superintendent also shall file for record the	1279
fingerprint impressions of all persons confined in a county,	1280
multicounty, municipal, municipal-county, or multicounty-municipal	1281
jail or workhouse, community-based correctional facility, halfway	1282
house, alternative residential facility, or state correctional	1283
institution for the violation of state laws and of all children	1284
under eighteen years of age who are confined in a county,	1285
multicounty, municipal, municipal-county, or multicounty-municipal	1286
jail or workhouse, community-based correctional facility, halfway	1287
house, alternative residential facility, or state correctional	1288
institution or in any facility for delinquent children for	1289
committing an act that would be a felony or an offense of violence	1290
if committed by an adult, and any other information that the	1291
superintendent may receive from law enforcement officials of the	1292
state and its political subdivisions.	1293

(4) The superintendent shall carry out Chapter 2950. of the	1294
Revised Code with respect to the registration of persons who are	1295
convicted of or plead guilty to a sexually oriented offense or a	1296
child-victim oriented offense and with respect to all other duties	1297
imposed on the bureau under that chapter.	1298

(5) The bureau shall perform centralized recordkeeping	1299
functions for criminal history records and services in this state	1300
for purposes of the national crime prevention and privacy compact	1301
set forth in section 109.571 of the Revised Code and is the	1302
criminal history record repository as defined in that section for	1303
purposes of that compact. The superintendent or the	1304
superintendent's designee is the compact officer for purposes of	1305
that compact and shall carry out the responsibilities of the	1306
compact officer specified in that compact.	1307

(B) The superintendent shall prepare and furnish to every	1308
county, multicounty, municipal, municipal-county, or	1309
multicounty-municipal jail or workhouse, community-based	1310
correctional facility, halfway house, alternative residential	1311
facility, or state correctional institution and to every clerk of	1312
a court in this state specified in division (A)(2) of this section	1313
standard forms for reporting the information required under	1314
division (A) of this section. The standard forms that the	1315
superintendent prepares pursuant to this division may be in a	1316
tangible format, in an electronic format, or in both tangible	1317
formats and electronic formats.	1318

(C)(1) The superintendent may operate a center for	1319
electronic, automated, or other data processing for the storage	1320
and retrieval of information, data, and statistics pertaining to	1321
criminals and to children under eighteen years of age who are	1322
adjudicated delinquent children for committing an act that would	1323
be a felony or an offense of violence if committed by an adult,	1324
criminal activity, crime prevention, law enforcement, and criminal	1325
justice, and may establish and operate a statewide communications	1326
network to be known as the Ohio law enforcement gateway to gather	1327
and disseminate information, data, and statistics for the use of	1328
law enforcement agencies and for other uses specified in this	1329
division. The superintendent may gather, store, retrieve, and	1330
disseminate information, data, and statistics that pertain to	1331
children who are under eighteen years of age and that are gathered	1332
pursuant to sections 109.57 to 109.61 of the Revised Code together	1333
with information, data, and statistics that pertain to adults and	1334
that are gathered pursuant to those sections.	1335

(2) The superintendent or the superintendent's designee shall	1336
gather information of the nature described in division (C)(1) of	1337
this section that pertains to the offense and delinquency history	1338
of a person who has been convicted of, pleaded guilty to, or been	1339
adjudicated a delinquent child for committing a sexually oriented	1340
offense or a child-victim oriented offense for inclusion in the	1341
state registry of sex offenders and child-victim offenders	1342
maintained pursuant to division (A)(1) of section 2950.13 of the	1343
Revised Code and in the internet database operated pursuant to	1344
division (A)(13) of that section and for possible inclusion in the	1345
internet database operated pursuant to division (A)(11) of that	1346
section.	1347

(3) In addition to any other authorized use of information,	1348
data, and statistics of the nature described in division (C)(1) of	1349
this section, the superintendent or the superintendent's designee	1350
may provide and exchange the information, data, and statistics	1351
pursuant to the national crime prevention and privacy compact as	1352
described in division (A)(5) of this section.	1353

(4) The attorney general may adopt rules under Chapter 119.	1354
of the Revised Code establishing guidelines for the operation of	1355
and participation in the Ohio law enforcement gateway. The rules	1356
may include criteria for granting and restricting access to	1357
information gathered and disseminated through the Ohio law	1358
enforcement gateway. The attorney general shall permit the state	1359
medical board and board of nursing to access and view, but not	1360
alter, information gathered and disseminated through the Ohio law	1361
enforcement gateway.	1362

The attorney general may appoint a steering committee to	1363
advise the attorney general in the operation of the Ohio law	1364
enforcement gateway that is comprised of persons who are	1365
representatives of the criminal justice agencies in this state	1366
that use the Ohio law enforcement gateway and is chaired by the	1367
superintendent or the superintendent's designee.	1368

(D)(1) The following are not public records under section	1369
149.43 of the Revised Code:	1370

(a) Information and materials furnished to the superintendent	1371
pursuant to division (A) of this section;	1372

(b) Information, data, and statistics gathered or	1373
disseminated through the Ohio law enforcement gateway pursuant to	1374
division (C)(1) of this section;	1375

(c) Information and materials furnished to any board or	1376
person under division (F) or (G) of this section.	1377

(2) The superintendent or the superintendent's designee shall	1378
gather and retain information so furnished under division (A) of	1379
this section that pertains to the offense and delinquency history	1380
of a person who has been convicted of, pleaded guilty to, or been	1381
adjudicated a delinquent child for committing a sexually oriented	1382
offense or a child-victim oriented offense for the purposes	1383
described in division (C)(2) of this section.	1384

(E) The attorney general shall adopt rules, in accordance	1385
with Chapter 119. of the Revised Code, setting forth the procedure	1386
by which a person may receive or release information gathered by	1387
the superintendent pursuant to division (A) of this section. A	1388
reasonable fee may be charged for this service. If a temporary	1389
employment service submits a request for a determination of	1390
whether a person the service plans to refer to an employment	1391
position has been convicted of or pleaded guilty to an offense	1392
listed in division (A)(1)~~, (3), (4), (5),~~ or ~~(6)~~(2) of section	1393
109.572 of the Revised Code or has been convicted of, pleaded	1394
guilty to, or been found eligible for intervention in lieu of	1395
conviction for a disqualifying offense as defined in section	1396
173.394, 3701.881, or 5111.032 of the Revised Code, the request	1397
shall be treated as a single request and only one fee shall be	1398
charged.	1399

(F)(1) As used in division (F)(2) of this section, "head	1400
start agency" means an entity in this state that has been approved	1401
to be an agency for purposes of subchapter II of the "Community	1402
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1403
as amended.	1404

(2)(a) In addition to or in conjunction with any request that	1405
is required to be made under section 109.572, 2151.86, 3301.32,	1406
3301.541, division (C) of section 3310.58, or section 3319.39,	1407
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	1408
~~5126.28, 5126.281,~~ or 5153.111 of the Revised Code or that is made	1409
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	1410
Revised Code, the board of education of any school district; the	1411
director of developmental disabilities; any county board of	1412
developmental disabilities; any ~~entity under contract with a~~	1413
~~county board of developmental disabilities~~provider or	1414
subcontractor as defined in section 5123.081 of the Revised Code;	1415
the chief administrator of any chartered nonpublic school; the	1416
chief administrator of a registered private provider that is not	1417
also a chartered nonpublic school; the chief administrator of any	1418
home health agency; the chief administrator of or person operating	1419
any child day-care center, type A family day-care home, or type B	1420
family day-care home licensed or certified under Chapter 5104. of	1421
the Revised Code; the administrator of any type C family day-care	1422
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1423
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1424
general assembly; the chief administrator of any head start	1425
agency; the executive director of a public children services	1426
agency; a private company described in section 3314.41, 3319.392,	1427
3326.25, or 3328.20 of the Revised Code; or an employer described	1428
in division (J)(2) of section 3327.10 of the Revised Code may	1429
request that the superintendent of the bureau investigate and	1430
determine, with respect to any individual who has applied for	1431
employment in any position after October 2, 1989, or any	1432
individual wishing to apply for employment with a board of	1433
education may request, with regard to the individual, whether the	1434
bureau has any information gathered under division (A) of this	1435
section that pertains to that individual. On receipt of the	1436
request, the superintendent shall determine whether that	1437
information exists and, upon request of the person, board, or	1438
entity requesting information, also shall request from the federal	1439
bureau of investigation any criminal records it has pertaining to	1440
that individual. The superintendent or the superintendent's	1441
designee also may request criminal history records from other	1442
states or the federal government pursuant to the national crime	1443
prevention and privacy compact set forth in section 109.571 of the	1444
Revised Code. Within thirty days of the date that the	1445
superintendent receives a request, the superintendent shall send	1446
to the board, entity, or person a report of any information that	1447
the superintendent determines exists, including information	1448
contained in records that have been sealed under section 2953.32	1449
of the Revised Code, and, within thirty days of its receipt, shall	1450
send the board, entity, or person a report of any information	1451
received from the federal bureau of investigation, other than	1452
information the dissemination of which is prohibited by federal	1453
law.	1454

(b) When a board of education or a registered private	1455
provider is required to receive information under this section as	1456
a prerequisite to employment of an individual pursuant to division	1457
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	1458
may accept a certified copy of records that were issued by the	1459
bureau of criminal identification and investigation and that are	1460
presented by an individual applying for employment with the	1461
district in lieu of requesting that information itself. In such a	1462
case, the board shall accept the certified copy issued by the	1463
bureau in order to make a photocopy of it for that individual's	1464
employment application documents and shall return the certified	1465
copy to the individual. In a case of that nature, a district or	1466
provider only shall accept a certified copy of records of that	1467
nature within one year after the date of their issuance by the	1468
bureau.	1469

(c) Notwithstanding division (F)(2)(a) of this section, in	1470
the case of a request under section 3319.39, 3319.391, or 3327.10	1471
of the Revised Code only for criminal records maintained by the	1472
federal bureau of investigation, the superintendent shall not	1473
determine whether any information gathered under division (A) of	1474
this section exists on the person for whom the request is made.	1475

(3) The state board of education may request, with respect to	1476
any individual who has applied for employment after October 2,	1477
1989, in any position with the state board or the department of	1478
education, any information that a school district board of	1479
education is authorized to request under division (F)(2) of this	1480
section, and the superintendent of the bureau shall proceed as if	1481
the request has been received from a school district board of	1482
education under division (F)(2) of this section.	1483

(4) When the superintendent of the bureau receives a request	1484
for information under section 3319.291 of the Revised Code, the	1485
superintendent shall proceed as if the request has been received	1486
from a school district board of education and shall comply with	1487
divisions (F)(2)(a) and (c) of this section.	1488

(5) When a recipient of a classroom reading improvement grant	1489
paid under section 3301.86 of the Revised Code requests, with	1490
respect to any individual who applies to participate in providing	1491
any program or service funded in whole or in part by the grant,	1492
the information that a school district board of education is	1493
authorized to request under division (F)(2)(a) of this section,	1494
the superintendent of the bureau shall proceed as if the request	1495
has been received from a school district board of education under	1496
division (F)(2)(a) of this section.	1497

(G) In addition to or in conjunction with any request that is	1498
required to be made under section 3701.881, 3712.09, 3721.121, or	1499
5119.693~~, or 5119.85~~ of the Revised Code with respect to an	1500
individual who has applied for employment in a position that	1501
involves providing direct care to an older adult or adult	1502
resident, the chief administrator of a home health agency, hospice	1503
care program, home licensed under Chapter 3721. of the Revised	1504
Code, adult day-care program operated pursuant to rules adopted	1505
under section 3721.04 of the Revised Code, or adult foster home,	1506
~~or adult care facility~~ may request that the superintendent of the	1507
bureau investigate and determine, with respect to any individual	1508
who has applied after January 27, 1997, for employment in a	1509
position that does not involve providing direct care to an older	1510
adult or adult resident, whether the bureau has any information	1511
gathered under division (A) of this section that pertains to that	1512
individual.	1513

In addition to or in conjunction with any request that is	1514
required to be made under section 173.27 of the Revised Code with	1515
respect to an individual who has applied for employment in a	1516
position that involves providing ombudsperson services to	1517
residents of long-term care facilities or recipients of	1518
community-based long-term care services, the state long-term care	1519
ombudsperson, ombudsperson's designee, or director of health may	1520
request that the superintendent investigate and determine, with	1521
respect to any individual who has applied for employment in a	1522
position that does not involve providing such ombudsperson	1523
services, whether the bureau has any information gathered under	1524
division (A) of this section that pertains to that applicant.	1525

In addition to or in conjunction with any request that is	1526
required to be made under section 173.394 of the Revised Code with	1527
respect to an individual who has applied for employment in a	1528
position that involves providing direct care to an individual, the	1529
chief administrator of a community-based long-term care agency may	1530
request that the superintendent investigate and determine, with	1531
respect to any individual who has applied for employment in a	1532
position that does not involve providing direct care, whether the	1533
bureau has any information gathered under division (A) of this	1534
section that pertains to that applicant.	1535

On receipt of a request under this division, the	1536
superintendent shall determine whether that information exists	1537
and, on request of the individual requesting information, shall	1538
also request from the federal bureau of investigation any criminal	1539
records it has pertaining to the applicant. The superintendent or	1540
the superintendent's designee also may request criminal history	1541
records from other states or the federal government pursuant to	1542
the national crime prevention and privacy compact set forth in	1543
section 109.571 of the Revised Code. Within thirty days of the	1544
date a request is received, the superintendent shall send to the	1545
requester a report of any information determined to exist,	1546
including information contained in records that have been sealed	1547
under section 2953.32 of the Revised Code, and, within thirty days	1548
of its receipt, shall send the requester a report of any	1549
information received from the federal bureau of investigation,	1550
other than information the dissemination of which is prohibited by	1551
federal law.	1552

(H) Information obtained by a government entity or person	1553
under this section is confidential and shall not be released or	1554
disseminated.	1555

(I) The superintendent may charge a reasonable fee for	1556
providing information or criminal records under division (F)(2) or	1557
(G) of this section.	1558

(J) As used in this section:

1559

(1) "Sexually oriented offense" and "child-victim oriented	1560
offense" have the same meanings as in section 2950.01 of the	1561
Revised Code.	1562

(2) "Registered private provider" means a nonpublic school or	1563
entity registered with the superintendent of public instruction	1564
under section 3310.41 of the Revised Code to participate in the	1565
autism scholarship program or section 3310.58 of the Revised Code	1566
to participate in the Jon Peterson special needs scholarship	1567
program.	1568

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1569
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	1570
a completed form prescribed pursuant to division (C)(1) of this	1571
section, and a set of fingerprint impressions obtained in the	1572
manner described in division (C)(2) of this section, the	1573
superintendent of the bureau of criminal identification and	1574
investigation shall conduct a criminal records check in the manner	1575
described in division (B) of this section to determine whether any	1576
information exists that indicates that the person who is the	1577
subject of the request previously has been convicted of or pleaded	1578
guilty to any of the following:	1579

(a) A violation of section 2903.01, 2903.02, 2903.03,	1580
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1581
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1582
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1583
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1584
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1585
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1586
2925.06, or 3716.11 of the Revised Code, felonious sexual	1587
penetration in violation of former section 2907.12 of the Revised	1588
Code, a violation of section 2905.04 of the Revised Code as it	1589
existed prior to July 1, 1996, a violation of section 2919.23 of	1590
the Revised Code that would have been a violation of section	1591
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1592
had the violation been committed prior to that date, or a	1593
violation of section 2925.11 of the Revised Code that is not a	1594
minor drug possession offense;	1595

(b) A violation of an existing or former law of this state,	1596
any other state, or the United States that is substantially	1597
equivalent to any of the offenses listed in division (A)(1)(a) of	1598
this section.	1599

(2) ~~On receipt of a request pursuant to section 5123.081 of~~	1600
~~the Revised Code with respect to an applicant for employment in~~	1601
~~any position with the department of developmental disabilities,~~	1602
~~pursuant to section 5126.28 of the Revised Code with respect to an~~	1603
~~applicant for employment in any position with a county board of~~	1604
~~developmental disabilities, or pursuant to section 5126.281 of the~~	1605
~~Revised Code with respect to an applicant for employment in a~~	1606
~~direct services position with an entity contracting with a county~~	1607
~~board for employment, a completed form prescribed pursuant to~~	1608
~~division (C)(1) of this section, and a set of fingerprint~~	1609
~~impressions obtained in the manner described in division (C)(2) of~~	1610
~~this section, the superintendent of the bureau of criminal~~	1611
~~identification and investigation shall conduct a criminal records~~	1612
~~check. The superintendent shall conduct the criminal records check~~	1613
~~in the manner described in division (B) of this section to~~	1614
~~determine whether any information exists that indicates that the~~	1615
~~person who is the subject of the request has been convicted of or~~	1616
~~pleaded guilty to any of the following:~~	1617

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	1618
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	1619
~~2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,~~	1620
~~2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,~~	1621
~~2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,~~	1622
~~2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,~~	1623
~~2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,~~	1624
~~2925.03, or 3716.11 of the Revised Code;~~	1625

~~(b) An existing or former municipal ordinance or law of this~~	1626
~~state, any other state, or the United States that is substantially~~	1627
~~equivalent to any of the offenses listed in division (A)(2)(a) of~~	1628
~~this section.~~	1629

~~(3)~~ On receipt of a request pursuant to section ~~173.27,~~	1630
~~173.394,~~ 3712.09, 3721.121, or 5119.693~~, or 5119.85~~ of the Revised	1631
Code, a completed form prescribed pursuant to division (C)(1) of	1632
this section, and a set of fingerprint impressions obtained in the	1633
manner described in division (C)(2) of this section, the	1634
superintendent of the bureau of criminal identification and	1635
investigation shall conduct a criminal records check with respect	1636
to any person who has applied for employment in a position for	1637
which a criminal records check is required by those sections. The	1638
superintendent shall conduct the criminal records check in the	1639
manner described in division (B) of this section to determine	1640
whether any information exists that indicates that the person who	1641
is the subject of the request previously has been convicted of or	1642
pleaded guilty to any of the following:	1643

(a) A violation of section 2903.01, 2903.02, 2903.03,	1644
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1645
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1646
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1647
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1648
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1649
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1650
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1651
2925.22, 2925.23, or 3716.11 of the Revised Code;	1652

(b) An existing or former law of this state, any other state,	1653
or the United States that is substantially equivalent to any of	1654
the offenses listed in division (A)~~(3)~~(2)(a) of this section.	1655

~~(4) On receipt of a request pursuant to section 3701.881 of~~	1656
~~the Revised Code with respect to an applicant for employment with~~	1657
~~a home health agency as a person responsible for the care,~~	1658
~~custody, or control of a child, a completed form prescribed~~	1659
~~pursuant to division (C)(1) of this section, and a set of~~	1660
~~fingerprint impressions obtained in the manner described in~~	1661
~~division (C)(2) of this section, the superintendent of the bureau~~	1662
~~of criminal identification and investigation shall conduct a~~	1663
~~criminal records check. The superintendent shall conduct the~~	1664
~~criminal records check in the manner described in division (B) of~~	1665
~~this section to determine whether any information exists that~~	1666
~~indicates that the person who is the subject of the request~~	1667
~~previously has been convicted of or pleaded guilty to any of the~~	1668
~~following:~~	1669

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	1670
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	1671
~~2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,~~	1672
~~2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,~~	1673
~~2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,~~	1674
~~2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,~~	1675
~~2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,~~	1676
~~2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a~~	1677
~~violation of section 2925.11 of the Revised Code that is not a~~	1678
~~minor drug possession offense;~~	1679

~~(b) An existing or former law of this state, any other state,~~	1680
~~or the United States that is substantially equivalent to any of~~	1681
~~the offenses listed in division (A)(4)(a) of this section.~~	1682

~~(5)~~(3) On receipt of a request pursuant to section 173.27,	1683
173.394, 3701.881, 5111.032, 5111.033, or 5111.034, 5123.081, or	1684
5123.169 of the Revised Code, a completed form prescribed pursuant	1685
to division (C)(1) of this section, and a set of fingerprint	1686
impressions obtained in the manner described in division (C)(2) of	1687
this section, the superintendent of the bureau of criminal	1688
identification and investigation shall conduct a criminal records	1689
check of the person for whom the request is made. The	1690
superintendent shall conduct the criminal records check in the	1691
manner described in division (B) of this section to determine	1692
whether any information exists that indicates that the person who	1693
is the subject of the request previously has been convicted of,	1694
has pleaded guilty to, or has been found eligible for intervention	1695
in lieu of conviction for ~~any of the following, regardless of the~~	1696
~~date of the conviction, the date of entry of the guilty plea, or~~	1697
~~the date the person was found eligible for intervention in lieu of~~	1698
~~conviction:~~	1699

~~(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	1700
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	1701
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	1702
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	1703
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	1704
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	1705
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	1706
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	1707
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	1708
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	1709
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	1710
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	1711
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	1712
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	1713
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	1714
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	1715
~~penetration in violation of former section 2907.12 of the Revised~~	1716
~~Code, a violation of section 2905.04 of the Revised Code as it~~	1717
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	1718
~~the Revised Code that would have been a violation of section~~	1719
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	1720
~~had the violation been committed prior to that date;~~	1721

~~(b) A violation of an existing or former municipal ordinance~~	1722
~~or law of this state, any other state, or the United States that~~	1723
~~is substantially equivalent to any of the offenses listed in~~	1724
~~division (A)(5)(a) of this section~~a disqualifying offense as	1725
defined in the section of the Revised Code under which the request	1726
is made.	1727

~~(6) On receipt of a request pursuant to section 3701.881 of~~	1728
~~the Revised Code with respect to an applicant for employment with~~	1729
~~a home health agency in a position that involves providing direct~~	1730
~~care to an older adult, a completed form prescribed pursuant to~~	1731
~~division (C)(1) of this section, and a set of fingerprint~~	1732
~~impressions obtained in the manner described in division (C)(2) of~~	1733
~~this section, the superintendent of the bureau of criminal~~	1734
~~identification and investigation shall conduct a criminal records~~	1735
~~check. The superintendent shall conduct the criminal records check~~	1736
~~in the manner described in division (B) of this section to~~	1737
~~determine whether any information exists that indicates that the~~	1738
~~person who is the subject of the request previously has been~~	1739
~~convicted of or pleaded guilty to any of the following:~~	1740

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	1741
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	1742
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	1743
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	1744
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	1745
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	1746
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	1747
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	1748
~~2925.22, 2925.23, or 3716.11 of the Revised Code;~~	1749

~~(b) An existing or former law of this state, any other state,~~	1750
~~or the United States that is substantially equivalent to any of~~	1751
~~the offenses listed in division (A)(6)(a) of this section.~~	1752

~~(7)~~(4) When conducting a criminal records check upon a	1753
request pursuant to section 3319.39 of the Revised Code for an	1754
applicant who is a teacher, in addition to the determination made	1755
under division (A)(1) of this section, the superintendent shall	1756
determine whether any information exists that indicates that the	1757
person who is the subject of the request previously has been	1758
convicted of or pleaded guilty to any offense specified in section	1759
3319.31 of the Revised Code.	1760

~~(8)~~(5) On receipt of a request pursuant to section 2151.86 of	1761
the Revised Code, a completed form prescribed pursuant to division	1762
(C)(1) of this section, and a set of fingerprint impressions	1763
obtained in the manner described in division (C)(2) of this	1764
section, the superintendent of the bureau of criminal	1765
identification and investigation shall conduct a criminal records	1766
check in the manner described in division (B) of this section to	1767
determine whether any information exists that indicates that the	1768
person who is the subject of the request previously has been	1769
convicted of or pleaded guilty to any of the following:	1770

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1771
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1772
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1773
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1774
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1775
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1776
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1777
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1778
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1779
of the Revised Code, a violation of section 2905.04 of the Revised	1780
Code as it existed prior to July 1, 1996, a violation of section	1781
2919.23 of the Revised Code that would have been a violation of	1782
section 2905.04 of the Revised Code as it existed prior to July 1,	1783
1996, had the violation been committed prior to that date, a	1784
violation of section 2925.11 of the Revised Code that is not a	1785
minor drug possession offense, two or more OVI or OVUAC violations	1786
committed within the three years immediately preceding the	1787
submission of the application or petition that is the basis of the	1788
request, or felonious sexual penetration in violation of former	1789
section 2907.12 of the Revised Code;	1790

(b) A violation of an existing or former law of this state,	1791
any other state, or the United States that is substantially	1792
equivalent to any of the offenses listed in division (A)~~(8)~~(5)(a)	1793
of this section.	1794

~~(9)~~(6) Upon receipt of a request pursuant to section 5104.012	1795
or 5104.013 of the Revised Code, a completed form prescribed	1796
pursuant to division (C)(1) of this section, and a set of	1797
fingerprint impressions obtained in the manner described in	1798
division (C)(2) of this section, the superintendent of the bureau	1799
of criminal identification and investigation shall conduct a	1800
criminal records check in the manner described in division (B) of	1801
this section to determine whether any information exists that	1802
indicates that the person who is the subject of the request has	1803
been convicted of or pleaded guilty to any of the following:	1804

(a) A violation of section 2903.01, 2903.02, 2903.03,	1805
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1806
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1807
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1808
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1809
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1810
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1811
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1812
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1813
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1814
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1815
3716.11 of the Revised Code, felonious sexual penetration in	1816
violation of former section 2907.12 of the Revised Code, a	1817
violation of section 2905.04 of the Revised Code as it existed	1818
prior to July 1, 1996, a violation of section 2919.23 of the	1819
Revised Code that would have been a violation of section 2905.04	1820
of the Revised Code as it existed prior to July 1, 1996, had the	1821
violation been committed prior to that date, a violation of	1822
section 2925.11 of the Revised Code that is not a minor drug	1823
possession offense, a violation of section 2923.02 or 2923.03 of	1824
the Revised Code that relates to a crime specified in this	1825
division, or a second violation of section 4511.19 of the Revised	1826
Code within five years of the date of application for licensure or	1827
certification.	1828

(b) A violation of an existing or former law of this state,	1829
any other state, or the United States that is substantially	1830
equivalent to any of the offenses or violations described in	1831
division (A)~~(9)~~(6)(a) of this section.	1832

~~(10)~~(7) Upon receipt of a request pursuant to section	1833
5153.111 of the Revised Code, a completed form prescribed pursuant	1834
to division (C)(1) of this section, and a set of fingerprint	1835
impressions obtained in the manner described in division (C)(2) of	1836
this section, the superintendent of the bureau of criminal	1837
identification and investigation shall conduct a criminal records	1838
check in the manner described in division (B) of this section to	1839
determine whether any information exists that indicates that the	1840
person who is the subject of the request previously has been	1841
convicted of or pleaded guilty to any of the following:	1842

(a) A violation of section 2903.01, 2903.02, 2903.03,	1843
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1844
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1845
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1846
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1847
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1848
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1849
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1850
felonious sexual penetration in violation of former section	1851
2907.12 of the Revised Code, a violation of section 2905.04 of the	1852
Revised Code as it existed prior to July 1, 1996, a violation of	1853
section 2919.23 of the Revised Code that would have been a	1854
violation of section 2905.04 of the Revised Code as it existed	1855
prior to July 1, 1996, had the violation been committed prior to	1856
that date, or a violation of section 2925.11 of the Revised Code	1857
that is not a minor drug possession offense;	1858

(b) A violation of an existing or former law of this state,	1859
any other state, or the United States that is substantially	1860
equivalent to any of the offenses listed in division (A)~~(10)~~(7)(a)	1861
of this section.	1862

~~(11)~~(8) On receipt of a request for a criminal records check	1863
from an individual pursuant to section 4749.03 or 4749.06 of the	1864
Revised Code, accompanied by a completed copy of the form	1865
prescribed in division (C)(1) of this section and a set of	1866
fingerprint impressions obtained in a manner described in division	1867
(C)(2) of this section, the superintendent of the bureau of	1868
criminal identification and investigation shall conduct a criminal	1869
records check in the manner described in division (B) of this	1870
section to determine whether any information exists indicating	1871
that the person who is the subject of the request has been	1872
convicted of or pleaded guilty to a felony in this state or in any	1873
other state. If the individual indicates that a firearm will be	1874
carried in the course of business, the superintendent shall	1875
require information from the federal bureau of investigation as	1876
described in division (B)(2) of this section. The superintendent	1877
shall report the findings of the criminal records check and any	1878
information the federal bureau of investigation provides to the	1879
director of public safety.	1880

~~(12)~~(9) On receipt of a request pursuant to section 1321.37,	1881
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	1882
Code, a completed form prescribed pursuant to division (C)(1) of	1883
this section, and a set of fingerprint impressions obtained in the	1884
manner described in division (C)(2) of this section, the	1885
superintendent of the bureau of criminal identification and	1886
investigation shall conduct a criminal records check with respect	1887
to any person who has applied for a license, permit, or	1888
certification from the department of commerce or a division in the	1889
department. The superintendent shall conduct the criminal records	1890
check in the manner described in division (B) of this section to	1891
determine whether any information exists that indicates that the	1892
person who is the subject of the request previously has been	1893
convicted of or pleaded guilty to any of the following: a	1894
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	1895
2925.03 of the Revised Code; any other criminal offense involving	1896
theft, receiving stolen property, embezzlement, forgery, fraud,	1897
passing bad checks, money laundering, or drug trafficking, or any	1898
criminal offense involving money or securities, as set forth in	1899
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	1900
the Revised Code; or any existing or former law of this state, any	1901
other state, or the United States that is substantially equivalent	1902
to those offenses.	1903

~~(13)~~(10) On receipt of a request for a criminal records check	1904
from the treasurer of state under section 113.041 of the Revised	1905
Code or from an individual under section 4701.08, 4715.101,	1906
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1907
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1908
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1909
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1910
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	1911
a completed form prescribed under division (C)(1) of this section	1912
and a set of fingerprint impressions obtained in the manner	1913
described in division (C)(2) of this section, the superintendent	1914
of the bureau of criminal identification and investigation shall	1915
conduct a criminal records check in the manner described in	1916
division (B) of this section to determine whether any information	1917
exists that indicates that the person who is the subject of the	1918
request has been convicted of or pleaded guilty to any criminal	1919
offense in this state or any other state. The superintendent shall	1920
send the results of a check requested under section 113.041 of the	1921
Revised Code to the treasurer of state and shall send the results	1922
of a check requested under any of the other listed sections to the	1923
licensing board specified by the individual in the request.	1924

~~(14)~~(11) On receipt of a request pursuant to section 1121.23,	1925
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1926
Code, a completed form prescribed pursuant to division (C)(1) of	1927
this section, and a set of fingerprint impressions obtained in the	1928
manner described in division (C)(2) of this section, the	1929
superintendent of the bureau of criminal identification and	1930
investigation shall conduct a criminal records check in the manner	1931
described in division (B) of this section to determine whether any	1932
information exists that indicates that the person who is the	1933
subject of the request previously has been convicted of or pleaded	1934
guilty to any criminal offense under any existing or former law of	1935
this state, any other state, or the United States.	1936

~~(15)~~(12) On receipt of a request for a criminal records check	1937
from an appointing or licensing authority under section 3772.07 of	1938
the Revised Code, a completed form prescribed under division	1939
(C)(1) of this section, and a set of fingerprint impressions	1940
obtained in the manner prescribed in division (C)(2) of this	1941
section, the superintendent of the bureau of criminal	1942
identification and investigation shall conduct a criminal records	1943
check in the manner described in division (B) of this section to	1944
determine whether any information exists that indicates that the	1945
person who is the subject of the request previously has been	1946
convicted of or pleaded guilty or no contest to any offense under	1947
any existing or former law of this state, any other state, or the	1948
United States that is a disqualifying offense as defined in	1949
section 3772.07 of the Revised Code or substantially equivalent to	1950
such an offense.	1951

~~(16)~~(13) Not later than thirty days after the date the	1952
superintendent receives a request of a type described in division	1953
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), ~~(10),~~ (11), (12),	1954
~~(14),~~ or ~~(15)~~(13) of this section, the completed form, and the	1955
fingerprint impressions, the superintendent shall send the results	1956
of the criminal records check to the person, board, or entity that	1957
made the request ~~any information, other than~~. The superintendent	1958
shall exclude from the results any information the dissemination	1959
of which is prohibited by federal law~~, the superintendent~~	1960
~~determines exists with respect to the person who is the subject of~~	1961
~~the request that indicates that the person previously has been~~	1962
~~convicted of or pleaded guilty to any offense listed or described~~	1963
~~in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),~~	1964
~~(11), (12), (14), or (15) of this section, as appropriate~~. The	1965
superintendent shall send the person, board, or entity that made	1966
the request a copy of the list of offenses ~~specified in division~~	1967
~~(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),~~	1968
~~(14), or (15) of this section, as appropriate~~for which the	1969
criminal records check was conducted. ~~If the request was made~~	1970
~~under section 3701.881 of the Revised Code with regard to an~~	1971
~~applicant who may be both responsible for the care, custody, or~~	1972
~~control of a child and involved in providing direct care to an~~	1973
~~older adult, the superintendent shall provide a list of the~~	1974
~~offenses specified in divisions (A)(4) and (6) of this section.~~	1975

Not later than thirty days after the superintendent receives	1976
a request for a criminal records check pursuant to section 113.041	1977
of the Revised Code, the completed form, and the fingerprint	1978
impressions, the superintendent shall send the treasurer of state	1979
any information, other than information the dissemination of which	1980
is prohibited by federal law, the superintendent determines exist	1981
with respect to the person who is the subject of the request that	1982
indicates that the person previously has been convicted of or	1983
pleaded guilty to any criminal offense in this state or any other	1984
state.	1985

(B) The superintendent shall conduct any criminal records	1986
check ~~requested under section 113.041, 121.08, 173.27, 173.394,~~	1987
~~1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,~~	1988
~~1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,~~	1989
~~3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061,~~	1990
~~4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,~~	1991
~~4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,~~	1992
~~4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,~~	1993
~~4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,~~	1994
~~4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,~~	1995
~~5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,~~	1996
~~5126.28, 5126.281, or 5153.111 of the Revised Code~~to be conducted	1997
under this section as follows:	1998

(1) The superintendent shall review or cause to be reviewed	1999
any relevant information gathered and compiled by the bureau under	2000
division (A) of section 109.57 of the Revised Code that relates to	2001
the person who is the subject of the ~~request~~criminal records	2002
check, including, if the criminal records check was requested	2003
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03,	2004
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	2005
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	2006
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	2007
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, ~~5119.85,~~	2008
5123.081, ~~5126.28, 5126.281,~~5123.169, or 5153.111 of the Revised	2009
Code, any relevant information contained in records that have been	2010
sealed under section 2953.32 of the Revised Code;	2011

(2) If the request received by the superintendent asks for	2012
information from the federal bureau of investigation, the	2013
superintendent shall request from the federal bureau of	2014
investigation any information it has with respect to the person	2015
who is the subject of the ~~request~~criminal records check,	2016
including fingerprint-based checks of national crime information	2017
databases as described in 42 U.S.C. 671 if the request is made	2018
pursuant to section 2151.86, 5104.012, or 5104.013 of the Revised	2019
Code or if any other Revised Code section requires	2020
fingerprint-based checks of that nature, and shall review or cause	2021
to be reviewed any information the superintendent receives from	2022
that bureau. If a request under section 3319.39 of the Revised	2023
Code asks only for information from the federal bureau of	2024
investigation, the superintendent shall not conduct the review	2025
prescribed by division (B)(1) of this section.	2026

(3) The superintendent or the superintendent's designee may	2027
request criminal history records from other states or the federal	2028
government pursuant to the national crime prevention and privacy	2029
compact set forth in section 109.571 of the Revised Code.	2030

(C)(1) The superintendent shall prescribe a form to obtain	2031
the information necessary to conduct a criminal records check from	2032
any person for whom a criminal records check is ~~requested under~~	2033
~~section 113.041 of the Revised Code or required by section 121.08,~~	2034
~~173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,~~	2035
~~1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,~~	2036
~~3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,~~	2037
~~4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,~~	2038
~~4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,~~	2039
~~4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,~~	2040
~~4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,~~	2041
~~4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,~~	2042
~~5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,~~	2043
~~5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code~~to be	2044
conducted under this section. The form that the superintendent	2045
prescribes pursuant to this division may be in a tangible format,	2046
in an electronic format, or in both tangible and electronic	2047
formats.	2048

(2) The superintendent shall prescribe standard impression	2049
sheets to obtain the fingerprint impressions of any person for	2050
whom a criminal records check is ~~requested under section 113.041~~	2051
~~of the Revised Code or required by section 121.08, 173.27,~~	2052
~~173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,~~	2053
~~1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,~~	2054
~~3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,~~	2055
~~4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,~~	2056
~~4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,~~	2057
~~4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,~~	2058
~~4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,~~	2059
~~4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,~~	2060
~~5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,~~	2061
~~5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code~~to be	2062
conducted under this section. Any person for whom a records check	2063
is ~~requested under or required by any of those sections~~to be	2064
conducted under this section shall obtain the fingerprint	2065
impressions at a county sheriff's office, municipal police	2066
department, or any other entity with the ability to make	2067
fingerprint impressions on the standard impression sheets	2068
prescribed by the superintendent. The office, department, or	2069
entity may charge the person a reasonable fee for making the	2070
impressions. The standard impression sheets the superintendent	2071
prescribes pursuant to this division may be in a tangible format,	2072
in an electronic format, or in both tangible and electronic	2073
formats.	2074

(3) Subject to division (D) of this section, the	2075
superintendent shall prescribe and charge a reasonable fee for	2076
providing a criminal records check ~~requested under section~~	2077
~~113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,~~	2078
~~1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,~~	2079
~~2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,~~	2080
~~3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,~~	2081
~~4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,~~	2082
~~4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,~~	2083
~~4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,~~	2084
~~4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,~~	2085
~~5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,~~	2086
~~5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised~~	2087
~~Code~~under this section. The person ~~making a~~requesting the	2088
criminal records ~~request under any of those sections~~check shall	2089
pay the fee prescribed pursuant to this division. ~~A person making~~	2090
~~a request under section 3701.881 of the Revised Code for a~~	2091
~~criminal records check for an applicant who may be both~~	2092
~~responsible for the care, custody, or control of a child and~~	2093
~~involved in providing direct care to an older adult shall pay one~~	2094
~~fee for the request.~~ In the case of a request under section	2095
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	2096
of the Revised Code, the fee shall be paid in the manner specified	2097
in that section.	2098

(4) The superintendent of the bureau of criminal	2099
identification and investigation may prescribe methods of	2100
forwarding fingerprint impressions and information necessary to	2101
conduct a criminal records check, which methods shall include, but	2102
not be limited to, an electronic method.	2103

(D) ~~A determination whether any information exists that~~	2104
~~indicates that a person previously has been convicted of or~~	2105
~~pleaded guilty to any offense listed or described in division~~	2106
~~(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or~~	2107
~~(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),~~	2108
~~(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)~~	2109
~~of this section, or that indicates that a person previously has~~	2110
~~been convicted of or pleaded guilty to any criminal offense in~~	2111
~~this state or any other state regarding a criminal records check~~	2112
~~of a type described in division (A)(13) of this section, and that~~	2113
~~is made by the superintendent with respect to information~~	2114
~~considered in~~The results of a criminal records check in	2115
~~accordance with~~conducted under this section is, other than a	2116
criminal records check specified in division (A)(8) of this	2117
section, are valid for the person who is the subject of the	2118
criminal records check for a period of one year from the date upon	2119
which the superintendent ~~makes the determination~~completes the	2120
criminal records check. ~~During the~~If during that period ~~in which~~	2121
~~the determination in regard to a person is valid, if~~the	2122
superintendent receives another request ~~under this section is made~~	2123
for a criminal records check to be conducted under this section	2124
for that person, the superintendent shall provide the ~~information~~	2125
~~that is the basis for the superintendent's initial determination~~	2126
results from the previous criminal records check of the person at	2127
a lower fee than the fee prescribed for the initial criminal	2128
records check.	2129

(E) When the superintendent receives a request for	2130
information from a registered private provider, the superintendent	2131
shall proceed as if the request was received from a school	2132
district board of education under section 3319.39 of the Revised	2133
Code. The superintendent shall apply division (A)~~(7)~~(4) of this	2134
section to any such request for an applicant who is a teacher.	2135

(F) As used in this section:

2136

(1) "Criminal records check" means any criminal records check	2137
conducted by the superintendent of the bureau of criminal	2138
identification and investigation in accordance with division (B)	2139
of this section.	2140

(2) "Minor drug possession offense" has the same meaning as	2141
in section 2925.01 of the Revised Code.	2142

(3) ~~"Older adult" means a person age sixty or older.~~

2143

~~(4)~~ "OVI or OVUAC violation" means a violation of section	2144
4511.19 of the Revised Code or a violation of an existing or	2145
former law of this state, any other state, or the United States	2146
that is substantially equivalent to section 4511.19 of the Revised	2147
Code.	2148

~~(5)~~(4) "Registered private provider" means a nonpublic school	2149
or entity registered with the superintendent of public instruction	2150
under section 3310.41 of the Revised Code to participate in the	2151
autism scholarship program or section 3310.58 of the Revised Code	2152
to participate in the Jon Peterson special needs scholarship	2153
program.	2154

Sec. 109.803. (A)(1) Subject to division (A)(2) of this	2155
section, every appointing authority shall require each of its	2156
appointed peace officers and troopers to complete ~~up to~~	2157
~~twenty-four~~four hours of continuing professional training each	2158
calendar year~~, as directed by the Ohio peace officer training~~	2159
~~commission. The number of hours directed by the commission, up to~~	2160
~~twenty-four hours, is intended to be a minimum requirement, and~~	2161
~~appointing authorities are encouraged to exceed the number of~~	2162
~~hours the commission directs as the minimum. The commission shall~~	2163
~~set the required minimum number of hours based upon available~~	2164
~~funding for reimbursement as described in this division. If no~~	2165
~~funding for the reimbursement is available, no continuing~~	2166
~~professional training will be required~~.	2167

(2) An appointing authority may submit a written request to	2168
the peace officer training commission that requests for a calendar	2169
year because of emergency circumstances an extension of the time	2170
within which one or more of its appointed peace officers or	2171
troopers must complete the required ~~minimum number of~~four hours	2172
of continuing professional training ~~set by the commission, as~~	2173
~~described in division (A)(1) of this section~~. A request made under	2174
this division shall set forth the name of each of the appointing	2175
authority's peace officers or troopers for whom an extension is	2176
requested, identify the emergency circumstances related to that	2177
peace officer or trooper, include documentation of those emergency	2178
circumstances, and set forth the date on which the request is	2179
submitted to the commission. A request shall be made under this	2180
division not later than the fifteenth day of December in the	2181
calendar year for which the extension is requested.	2182

Upon receipt of a written request made under this division,	2183
the executive director of the commission shall review the request	2184
and the submitted documentation. If the executive director of the	2185
commission is satisfied that emergency circumstances exist for any	2186
peace officer or trooper for whom a request was made under this	2187
division, the executive director may approve the request for that	2188
peace officer or trooper and grant an extension of the time within	2189
which that peace officer or trooper must complete the required	2190
~~minimum number of~~four hours of continuing professional training	2191
~~set by the commission~~. An extension granted under this division	2192
may be for any period of time the executive director believes to	2193
be appropriate, and the executive director shall specify in the	2194
notice granting the extension the date on which the extension	2195
ends. Not later than thirty days after the date on which a request	2196
is submitted to the commission, for each peace officer and trooper	2197
for whom an extension is requested, the executive director either	2198
shall approve the request and grant an extension or deny the	2199
request and deny an extension and shall send to the appointing	2200
authority that submitted the request written notice of the	2201
executive director's decision.	2202

If the executive director grants an extension of the time	2203
within which a particular appointed peace officer or trooper of an	2204
appointing authority must complete the required ~~minimum number of~~	2205
four hours of continuing professional training ~~set by the~~	2206
~~commission~~, the appointing authority shall require that peace	2207
officer or trooper to complete the required ~~minimum number of~~	2208
hours of training not later than the date on which the extension	2209
ends.	2210

(B) With the advice of the Ohio peace officer training	2211
commission, the attorney general shall adopt in accordance with	2212
Chapter 119. of the Revised Code rules setting forth minimum	2213
standards for continuing professional training for peace officers	2214
and troopers and governing the administration of continuing	2215
professional training programs for peace officers and troopers.	2216
The attorney general shall transmit a certified copy of any rule	2217
adopted under this section to the secretary of state.	2218

(C) Every appointing authority shall submit documentation to	2219
the Ohio peace officer training commission indicating its peace	2220
officers' or troopers' compliance with this section together with	2221
the roster that is required to be submitted under section 109.761	2222
of the Revised Code.	2223

(D) As used in this section:

2224

(1) "Peace officer" has the same meaning as in section 109.71	2225
of the Revised Code.	2226

(2) "Trooper" means an individual appointed as a state	2227
highway patrol trooper under section 5503.01 of the Revised Code.	2228

(3) "Appointing authority" means any agency or entity that	2229
appoints a peace officer or trooper.	2230

Sec. 118.023. (A) Upon determining that one or more of the	2231
conditions described in section 118.022 of the Revised Code are	2232
present, the auditor of state shall issue a written declaration of	2233
the existence of a fiscal watch to the municipal corporation,	2234
county, or township and the county budget commission. The fiscal	2235
watch shall be in effect until the auditor of state determines	2236
that none of the conditions are any longer present and cancels the	2237
watch, or until the auditor of state determines that a state of	2238
fiscal emergency exists. The auditor of state, or a designee,	2239
shall provide such technical and support services to the municipal	2240
corporation, county, or township after a fiscal watch has been	2241
declared to exist as the auditor of state considers necessary.	2242

(B) Within one hundred twenty days after the day a written	2243
declaration of the existence of a fiscal watch is issued under	2244
division (A) of this section, the mayor of the municipal	2245
corporation, the board of county commissioners of the county, or	2246
the board of township trustees of the township for which a fiscal	2247
watch was declared shall submit to the auditor of state a	2248
financial recovery plan that shall identify actions to be taken,	2249
including entering into shared services agreements with other	2250
political subdivisions for the joint exercise of any power,	2251
performance of any function, or rendering of any service, if so	2252
authorized by statute, to eliminate all of the conditions	2253
described in section 118.022 of the Revised Code, and shall	2254
include a schedule detailing the approximate dates for beginning	2255
and completing the actions, and ~~include~~ a five-year forecast	2256
reflecting the effects of the actions. The financial recovery plan	2257
is subject to review and approval by the auditor of state. The	2258
auditor of state may extend the amount of time by which a	2259
financial recovery plan is required to be filed, for good cause	2260
shown.	2261

(C) If a feasible financial recovery plan for a municipal	2262
corporation, county, or township for which a fiscal watch was	2263
declared is not submitted within the time period prescribed by	2264
division (B) of this section, or within any extension of time	2265
thereof, the auditor of state shall declare that a fiscal	2266
emergency condition exists under section 118.04 of the Revised	2267
Code in the municipal corporation, county, or township.	2268

Sec. 118.06. (A) Within one hundred twenty days after the	2269
first meeting of the commission, the mayor of the municipal	2270
corporation or the board of county commissioners or board of	2271
township trustees shall submit to the commission a detailed	2272
financial plan, as approved or amended and approved by ordinance	2273
or resolution of the legislative authority, containing the	2274
following:	2275

(1) Actions to be taken by the municipal corporation, county,	2276
or township to:	2277

(a) Eliminate all fiscal emergency conditions determined to	2278
exist pursuant to section 118.04 of the Revised Code;	2279

(b) Satisfy any judgments, past due accounts payable, and all	2280
past due and payable payroll and fringe benefits;	2281

2282

(d) Restore to construction funds and other special funds	2283
moneys from such funds that were used for purposes not within the	2284
purposes of such funds, or borrowed from such construction funds	2285
by the purchase of debt obligations of the municipal corporation,	2286
county, or township with the moneys of such funds, or missing from	2287
the construction funds or such special funds and not accounted	2288
for;	2289

(e) Balance the budgets, avoid future deficits in any funds,	2290
and maintain current payments of payroll, fringe benefits, and all	2291
accounts;	2292

(f) Avoid any fiscal emergency condition in the future;

2293

(g) Restore the ability of the municipal corporation, county,	2294
or township to market long-term general obligation bonds under	2295
provisions of law applicable to municipal corporations, counties,	2296
or townships generally;	2297

(h) Enter into shared services agreements with other	2298
political subdivisions for the joint exercise of any power,	2299
performance of any function, or rendering of any service, if so	2300
authorized by statute.	2301

(2) The legal authorities permitting the municipal	2302
corporation, county, or township to take the actions enumerated	2303
pursuant to division (A)(1) of this section;	2304

(3) The approximate dates of the commencement, progress upon,	2305
and completion of the actions enumerated pursuant to division	2306
(A)(1) of this section, a five-year forecast reflecting the	2307
effects of those actions, and a reasonable period of time expected	2308
to be required to implement the plan. The municipal corporation,	2309
county, or township, in consultation with the commission and the	2310
financial supervisor, shall prepare a reasonable time schedule for	2311
progress toward and achievement of the requirements for the	2312
financial plan and the financial plan shall be consistent with	2313
that time schedule.	2314

(4) The amount and purpose of any issue of debt obligations	2315
that will be issued, together with assurances that any such debt	2316
obligations that will be issued will not exceed debt limits	2317
supported by appropriate certifications by the fiscal officer of	2318
the municipal corporation, county, or township and the county	2319
auditor;	2320

(5) Assurances that the municipal corporation, county, or	2321
township will establish monthly levels of expenditures and	2322
encumbrances pursuant to division (B)(2) of section 118.07 of the	2323
Revised Code;	2324

(6) Assurances that the municipal corporation, county, or	2325
township will conform to statutes with respect to tax budgets and	2326
appropriation measures;	2327

(7) The detail, the form, and the supporting information that	2328
the commission may direct.	2329

(B) The financial plan developed pursuant to division (A) of	2330
this section shall be filed with the financial supervisor and the	2331
financial planning and supervision commission and shall be updated	2332
annually. After consultation with the financial supervisor, the	2333
commission shall either approve or reject any initial or	2334
subsequent financial plan. If the commission rejects the initial	2335
or any subsequent financial plan, it shall forthwith inform the	2336
mayor and legislative authority of the municipal corporation or	2337
the board of county commissioners or board of township trustees of	2338
the reasons for its rejection. Within thirty days after the	2339
rejection of any plan, the mayor with the approval of the	2340
legislative authority by the passage of an ordinance or	2341
resolution, or the board of county commissioners or board of	2342
township trustees, shall submit another plan meeting the	2343
requirements of divisions (A)(1) to (7) of this section, to the	2344
commission and the financial supervisor for approval or rejection	2345
by the commission.	2346

(C) Any initial or subsequent financial plan passed by the	2347
municipal corporation, county, or township shall be approved by	2348
the commission if it complies with divisions (A)(1) to (7) of this	2349
section, and if the commission finds that the plan is bona fide	2350
and can reasonably be expected to be implemented within the period	2351
specified in the plan.	2352

(D) Any financial plan may be amended subsequent to its	2353
adoption in the same manner as the passage and approval of the	2354
initial or subsequent plan pursuant to divisions (A) to (C) of	2355
this section.	2356

(E) If a municipal corporation, county, or township fails to	2357
submit a financial plan as required by this section, or fails to	2358
substantially comply with an approved financial plan, upon	2359
certification of the commission, all state funding for that	2360
municipal corporation, county, or township other than benefit	2361
assistance to individuals shall be escrowed until a feasible plan	2362
is submitted and approved or substantial compliance with the plan	2363
is achieved, as the case may be.	2364

Sec. 120.08. There is hereby created in the state treasury	2365
the indigent defense support fund, consisting of money paid into	2366
the fund pursuant to sections 4507.45, 4509.101, 4510.22, and	2367
4511.19 of the Revised Code and pursuant to sections 2937.22,	2368
2949.091, and 2949.094 of the Revised Code out of the additional	2369
court costs imposed under those sections. The state public	2370
defender shall use at least ~~ninety~~eighty-eight per cent of the	2371
money in the fund for the ~~purpose~~purposes of reimbursing county	2372
governments for expenses incurred pursuant to sections 120.18,	2373
120.28, and 120.33 of the Revised Code and operating its system	2374
pursuant to division (C)(7) of section 120.04 of the Revised Code	2375
and division (B) of section 120.33 of the Revised Code.	2376
Disbursements from the fund to county governments shall be made at	2377
least once per year and shall be allocated proportionately so that	2378
each county receives an equal percentage of its total cost for	2379
operating its county public defender system, its joint county	2380
public defender system, its county appointed counsel system, or	2381
its system operated under division (C)(7) of section 120.04 of the	2382
Revised Code and division (B) of section 120.33 of the Revised	2383
Code. The state public defender may use not more than ~~ten~~twelve	2384
per cent of the money in the fund for the purposes of appointing	2385
assistant state public defenders ~~or for~~, providing other	2386
personnel, equipment, and facilities necessary for the operation	2387
of the state public defender office, and providing training,	2388
developing and implementing electronic forms, or establishing and	2389
maintaining an information technology system used for the uniform	2390
operation of this chapter.	2391

Sec. 120.53. (A) A legal aid society that operates within	2392
the state may apply to the Ohio legal assistance foundation for	2393
financial assistance from the legal aid fund established by	2394
section 120.52 of the Revised Code to be used for the funding of	2395
the society during the calendar year following the calendar year	2396
in which application is made.	2397

(B) An application for financial assistance made under	2398
division (A) of this section shall be submitted by the first day	2399
of November of the calendar year preceding the calendar year for	2400
which financial assistance is desired and shall include all of the	2401
following:	2402

(1) Evidence that the applicant is incorporated in this state	2403
as a nonprofit corporation;	2404

(2) A list of the trustees of the applicant;

2405

(3) The proposed budget of the applicant for these funds for	2406
the following calendar year;	2407

(4) A summary of the services to be offered by the applicant	2408
in the following calendar year;	2409

(5) A specific description of the territory or constituency	2410
served by the applicant;	2411

(6) An estimate of the number of persons to be served by the	2412
applicant during the following calendar year;	2413

(7) A general description of the additional sources of the	2414
applicant's funding;	2415

(8) The amount of the applicant's total budget for the	2416
calendar year in which the application is filed that it will	2417
expend in that calendar year for legal services in each of the	2418
counties it serves;	2419

(9) A specific description of any services, programs,	2420
training, and legal technical assistance to be delivered by the	2421
applicant or by another person pursuant to a contract with the	2422
applicant, including, but not limited to, by private attorneys or	2423
through reduced fee plans, judicare panels, organized pro bono	2424
programs, and mediation programs.	2425

(C) The Ohio legal assistance foundation shall determine	2426
whether each applicant that filed an application for financial	2427
assistance under division (A) of this section in a calendar year	2428
is eligible for financial assistance under this section. To be	2429
eligible for such financial assistance, an applicant shall satisfy	2430
the criteria for being a legal aid society and shall be in	2431
compliance with the provisions of sections 120.51 to 120.55 of the	2432
Revised Code and with the rules and requirements the foundation	2433
establishes pursuant to section 120.52 of the Revised Code. The	2434
Ohio legal assistance foundation then, on or before the fifteenth	2435
day of December of the calendar year in which the application is	2436
filed, shall notify each such applicant, in writing, whether it is	2437
eligible for financial assistance under this section, and if it is	2438
eligible, estimate the amount that will be available for that	2439
applicant for each six-month distribution period, as determined	2440
under division (D) of this section.	2441

(D) The Ohio legal assistance foundation shall allocate	2442
moneys contained in the legal aid fund monthly for distribution to	2443
applicants that filed their applications in the previous calendar	2444
year and are determined to be eligible applicants.	2445

All moneys contained in the fund on the first day of each	2446
month shall be allocated, after deduction of the costs of	2447
administering sections 120.51 to 120.55 and sections 1901.26,	2448
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised	2449
Code that are authorized by section 120.52 of the Revised Code,	2450
according to this section and shall be distributed accordingly not	2451
later than the last day of the month following the month the	2452
moneys were received. In making the allocations under this	2453
section, the moneys in the fund that were generated pursuant to	2454
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and	2455
4705.10 of the Revised Code shall be apportioned as follows:	2456

(1) After deduction of the amount authorized and used for	2457
actual, reasonable administrative costs under section 120.52 of	2458
the Revised Code:	2459

(a) Five per cent of the moneys remaining in the fund shall	2460
be reserved for use in the manner described in division (A) of	2461
section 120.521 of the Revised Code or for distribution to legal	2462
aid societies that provide assistance to special population groups	2463
of their eligible clients, engage in special projects that have a	2464
substantial impact on their local service area or on significant	2465
segments of the state's poverty population, or provide legal	2466
training or support to other legal aid societies in the state;	2467

(b) After deduction of the amount described in division	2468
(D)(1)(a) of this section, one and three-quarters per cent of the	2469
moneys remaining in the fund shall be apportioned among entities	2470
that received financial assistance from the legal aid fund prior	2471
to ~~the effective date of this amendment~~July 1, 1993, but that, on	2472
and after ~~the effective date of this amendment~~July 1, 1993, no	2473
longer qualify as a legal aid society that is eligible for	2474
financial assistance under this section.	2475

(c) After deduction of the amounts described in divisions	2476
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	2477
remaining in the fund shall be placed in the legal assistance	2478
foundation fund for use in the manner described in division (A) of	2479
section 120.521 of the Revised Code.	2480

(2) After deduction of the actual, reasonable administrative	2481
costs under section 120.52 of the Revised Code and after deduction	2482
of the amounts identified in divisions (D)(1)(a), (b), and (c) of	2483
this section, the remaining moneys shall be apportioned among the	2484
counties that are served by eligible legal aid societies that have	2485
applied for financial assistance under this section so that each	2486
such county is apportioned a portion of those moneys, based upon	2487
the ratio of the number of indigents who reside in that county to	2488
the total number of indigents who reside in all counties of this	2489
state that are served by eligible legal aid societies that have	2490
applied for financial assistance under this section. Subject to	2491
division (E) of this section, the moneys apportioned to a county	2492
under this division then shall be allocated to the eligible legal	2493
aid society that serves the county and that has applied for	2494
financial assistance under this section. For purposes of this	2495
division, the source of data identifying the number of indigent	2496
persons who reside in a county shall be ~~the most recent decennial~~	2497
~~census~~selected by the Ohio legal assistance foundation from the	2498
best available figures ~~from~~maintained by the United States	2499
~~department of commerce, division of~~ census bureau.	2500

(E) If the Ohio legal assistance foundation, in attempting to	2501
make an allocation of moneys under division (D)(2) of this	2502
section, determines that a county that has been apportioned money	2503
under that division is served by more than one eligible legal aid	2504
society that has applied for financial assistance under this	2505
section, the Ohio legal assistance foundation shall allocate the	2506
moneys that have been apportioned to that county under division	2507
(D)(2) of this section among all eligible legal aid societies that	2508
serve that county and that have applied for financial assistance	2509
under this section on a pro rata basis, so that each such eligible	2510
society is allocated a portion based upon the amount of its total	2511
budget expended in the prior calendar year for legal services in	2512
that county as compared to the total amount expended in the prior	2513
calendar year for legal services in that county by all eligible	2514
legal aid societies that serve that county and that have applied	2515
for financial assistance under this section.	2516

(F) Moneys allocated to eligible applicants under this	2517
section shall be paid monthly beginning the calendar year	2518
following the calendar year in which the application is filed.	2519

(G)(1) A legal aid society that receives financial assistance	2520
in any calendar year under this section shall file an annual	2521
report with the Ohio legal assistance foundation detailing the	2522
number and types of cases handled, and the amount and types of	2523
legal training, legal technical assistance, and other service	2524
provided, by means of that financial assistance. No information	2525
contained in the report shall identify or enable the	2526
identification of any person served by the legal aid society or in	2527
any way breach client confidentiality.	2528

(2) The Ohio legal assistance foundation shall make an annual	2529
report to the governor, the general assembly, and the supreme	2530
court on the distribution and use of the legal aid fund. The	2531
foundation also shall include in the annual report an audited	2532
financial statement of all gifts, bequests, donations,	2533
contributions, and other moneys the foundation receives. No	2534
information contained in the report shall identify or enable the	2535
identification of any person served by a legal aid society, or in	2536
any way breach confidentiality.	2537

(H) A legal aid society may enter into agreements for the	2538
provision of services, programs, training, or legal technical	2539
assistance for the legal aid society or to indigent persons.	2540

Sec. 121.04. Offices are created within the several	2541
departments as follows:	2542

In the department of commerce:

2543

		Commissioner of securities;		2544
		Superintendent of real estate and professional licensing;		2545
		Superintendent of financial institutions;		2546
		State fire marshal;		2547
		Superintendent of ~~labor~~ industrial compliance;		2548
		Superintendent of liquor control;		2549
		Superintendent of unclaimed funds.		2550

In the department of administrative services:

2551

		~~State architect and engineer;~~		2552
		Equal employment opportunity coordinator.		2553

In the department of agriculture:

2554

Chiefs of divisions as follows:

2555

		Administration;		2556
		Animal health;		2557
		Livestock environmental permitting;		2558
		Dairy;		2559
		Food safety;		2560
		Plant health;		2561
		Markets;		2562
		Meat inspection;		2563
		Consumer protection laboratory;		2564
		Amusement ride safety;		2565
		Enforcement;		2566
		Weights and measures.		2567

In the department of natural resources:

2568

Chiefs of divisions as follows:

2569

		Mineral resources management;		2570
		Oil and gas resources management;		2571
		Forestry;		2572
		Natural areas and preserves;		2573
		Wildlife;		2574
		Geological survey;		2575
		Parks and recreation;		2576
		Watercraft;		2577
		~~Recycling and litter prevention;~~		2578
		Soil and water resources;		2579
		Engineering.		2580

In the department of insurance:

2581

		Deputy superintendent of insurance;		2582
		Assistant superintendent of insurance, technical;		2583
		Assistant superintendent of insurance, administrative;		2584
		Assistant superintendent of insurance, research.		2585

Sec. 121.08. (A) There is hereby created in the department	2586
of commerce the position of deputy director of administration.	2587
This officer shall be appointed by the director of commerce, serve	2588
under the director's direction, supervision, and control, perform	2589
the duties the director prescribes, and hold office during the	2590
director's pleasure. The director of commerce may designate an	2591
assistant director of commerce to serve as the deputy director of	2592
administration. The deputy director of administration shall	2593
perform the duties prescribed by the director of commerce in	2594
supervising the activities of the division of administration of	2595
the department of commerce.	2596

(B) Except as provided in section 121.07 of the Revised Code,	2597
the department of commerce shall have all powers and perform all	2598
duties vested in the deputy director of administration, the state	2599
fire marshal, the superintendent of financial institutions, the	2600
superintendent of real estate and professional licensing, the	2601
superintendent of liquor control, the superintendent of ~~labor~~	2602
industrial compliance, the superintendent of unclaimed funds, and	2603
the commissioner of securities, and shall have all powers and	2604
perform all duties vested by law in all officers, deputies, and	2605
employees of those offices. Except as provided in section 121.07	2606
of the Revised Code, wherever powers are conferred or duties	2607
imposed upon any of those officers, the powers and duties shall be	2608
construed as vested in the department of commerce.	2609

(C)(1) There is hereby created in the department of commerce	2610
a division of financial institutions, which shall have all powers	2611
and perform all duties vested by law in the superintendent of	2612
financial institutions. Wherever powers are conferred or duties	2613
imposed upon the superintendent of financial institutions, those	2614
powers and duties shall be construed as vested in the division of	2615
financial institutions. The division of financial institutions	2616
shall be administered by the superintendent of financial	2617
institutions.	2618

(2) All provisions of law governing the superintendent of	2619
financial institutions shall apply to and govern the	2620
superintendent of financial institutions provided for in this	2621
section; all authority vested by law in the superintendent of	2622
financial institutions with respect to the management of the	2623
division of financial institutions shall be construed as vested in	2624
the superintendent of financial institutions created by this	2625
section with respect to the division of financial institutions	2626
provided for in this section; and all rights, privileges, and	2627
emoluments conferred by law upon the superintendent of financial	2628
institutions shall be construed as conferred upon the	2629
superintendent of financial institutions as head of the division	2630
of financial institutions. The director of commerce shall not	2631
transfer from the division of financial institutions any of the	2632
functions specified in division (C)(2) of this section.	2633

(D) There is hereby created in the department of commerce a	2634
division of liquor control, which shall have all powers and	2635
perform all duties vested by law in the superintendent of liquor	2636
control. Wherever powers are conferred or duties are imposed upon	2637
the superintendent of liquor control, those powers and duties	2638
shall be construed as vested in the division of liquor control.	2639
The division of liquor control shall be administered by the	2640
superintendent of liquor control.	2641

(E) The director of commerce shall not be interested,	2642
directly or indirectly, in any firm or corporation which is a	2643
dealer in securities as defined in sections 1707.01 and 1707.14 of	2644
the Revised Code, or in any firm or corporation licensed under	2645
sections 1321.01 to 1321.19 of the Revised Code.	2646

(F) The director of commerce shall not have any official	2647
connection with a savings and loan association, a savings bank, a	2648
bank, a bank holding company, a savings and loan association	2649
holding company, a consumer finance company, or a credit union	2650
that is under the supervision of the division of financial	2651
institutions, or a subsidiary of any of the preceding entities, or	2652
be interested in the business thereof.	2653

(G) There is hereby created in the state treasury the	2654
division of administration fund. The fund shall receive	2655
assessments on the operating funds of the department of commerce	2656
in accordance with procedures prescribed by the director of	2657
commerce and approved by the director of budget and management.	2658
All operating expenses of the division of administration shall be	2659
paid from the division of administration fund.	2660

(H) There is hereby created in the department of commerce a	2661
division of real estate and professional licensing, which shall be	2662
under the control and supervision of the director of commerce. The	2663
division of real estate and professional licensing shall be	2664
administered by the superintendent of real estate and professional	2665
licensing. The superintendent of real estate and professional	2666
licensing shall exercise the powers and perform the functions and	2667
duties delegated to the superintendent under Chapters 4735.,	2668
4763., and 4767. of the Revised Code.	2669

(I) There is hereby created in the department of commerce a	2670
division of ~~labor~~industrial compliance, which shall have all	2671
powers and perform all duties vested by law in the superintendent	2672
of ~~labor~~industrial compliance. Wherever powers are conferred or	2673
duties imposed upon the superintendent of ~~labor~~industrial	2674
compliance, those powers and duties shall be construed as vested	2675
in the division of ~~labor~~industrial compliance. The division of	2676
~~labor~~industrial compliance shall be under the control and	2677
supervision of the director of commerce and be administered by the	2678
superintendent of ~~labor~~industrial compliance.	2679

(J) There is hereby created in the department of commerce a	2680
division of unclaimed funds, which shall have all powers and	2681
perform all duties delegated to or vested by law in the	2682
superintendent of unclaimed funds. Wherever powers are conferred	2683
or duties imposed upon the superintendent of unclaimed funds,	2684
those powers and duties shall be construed as vested in the	2685
division of unclaimed funds. The division of unclaimed funds shall	2686
be under the control and supervision of the director of commerce	2687
and shall be administered by the superintendent of unclaimed	2688
funds. The superintendent of unclaimed funds shall exercise the	2689
powers and perform the functions and duties delegated to the	2690
superintendent by the director of commerce under section 121.07	2691
and Chapter 169. of the Revised Code, and as may otherwise be	2692
provided by law.	2693

(K) The department of commerce or a division of the	2694
department created by the Revised Code that is acting with	2695
authorization on the department's behalf may request from the	2696
bureau of criminal identification and investigation pursuant to	2697
section 109.572 of the Revised Code, or coordinate with	2698
appropriate federal, state, and local government agencies to	2699
accomplish, criminal records checks for the persons whose	2700
identities are required to be disclosed by an applicant for the	2701
issuance or transfer of a permit, license, certificate of	2702
registration, or certification issued or transferred by the	2703
department or division. At or before the time of making a request	2704
for a criminal records check, the department or division may	2705
require any person whose identity is required to be disclosed by	2706
an applicant for the issuance or transfer of such a license,	2707
permit, certificate of registration, or certification to submit to	2708
the department or division valid fingerprint impressions in a	2709
format and by any media or means acceptable to the bureau of	2710
criminal identification and investigation and, when applicable,	2711
the federal bureau of investigation. The department or division	2712
may cause the bureau of criminal identification and investigation	2713
to conduct a criminal records check through the federal bureau of	2714
investigation only if the person for whom the criminal records	2715
check would be conducted resides or works outside of this state or	2716
has resided or worked outside of this state during the preceding	2717
five years, or if a criminal records check conducted by the bureau	2718
of criminal identification and investigation within this state	2719
indicates that the person may have a criminal record outside of	2720
this state.	2721

In the case of a criminal records check under section 109.572	2722
of the Revised Code, the department or division shall forward to	2723
the bureau of criminal identification and investigation the	2724
requisite form, fingerprint impressions, and fee described in	2725
division (C) of that section. When requested by the department or	2726
division in accordance with this section, the bureau of criminal	2727
identification and investigation shall request from the federal	2728
bureau of investigation any information it has with respect to the	2729
person who is the subject of the requested criminal records check	2730
and shall forward the requisite fingerprint impressions and	2731
information to the federal bureau of investigation for that	2732
criminal records check. After conducting a criminal records check	2733
or receiving the results of a criminal records check from the	2734
federal bureau of investigation, the bureau of criminal	2735
identification and investigation shall provide the results to the	2736
department or division.	2737

The department or division may require any person about whom	2738
a criminal records check is requested to pay to the department or	2739
division the amount necessary to cover the fee charged to the	2740
department or division by the bureau of criminal identification	2741
and investigation under division (C)(3) of section 109.572 of the	2742
Revised Code, including, when applicable, any fee for a criminal	2743
records check conducted by the federal bureau of investigation.	2744

Sec. 121.083. The superintendent of ~~labor~~industrial	2745
compliance in the department of commerce shall do all of the	2746
following:	2747

(A) Administer and enforce the general laws of this state	2748
pertaining to buildings, pressure piping, boilers, bedding,	2749
upholstered furniture, and stuffed toys, steam engineering,	2750
elevators, plumbing, licensed occupations regulated by the	2751
department, and travel agents, as they apply to plans review,	2752
inspection, code enforcement, testing, licensing, registration,	2753
and certification.	2754

(B) Exercise the powers and perform the duties delegated to	2755
the superintendent by the director of commerce under Chapters	2756
4109., 4111., and 4115. of the Revised Code.	2757

2758

(D) Examine and license persons who desire to act as steam	2759
engineers, to operate steam boilers, and to act as inspectors of	2760
steam boilers, provide for the scope, conduct, and time of such	2761
examinations, provide for, regulate, and enforce the renewal and	2762
revocation of such licenses, inspect and examine steam boilers and	2763
make, publish, and enforce rules and orders for the construction,	2764
installation, inspection, and operation of steam boilers, and do,	2765
require, and enforce all things necessary to make such	2766
examination, inspection, and requirement efficient.	2767

(E) Rent and furnish offices as needed in cities in this	2768
state for the conduct of its affairs.	2769

(F) Oversee a chief of construction and compliance, a chief	2770
of operations and maintenance, a chief of licensing and	2771
certification, a chief of worker protection, and other designees	2772
appointed by the director to perform the duties described in this	2773
section.	2774

(G) Enforce the rules the board of building standards adopts	2775
pursuant to division (A)(2) of section 4104.43 of the Revised Code	2776
under the circumstances described in division (D) of that section.	2777

(H) Accept submissions, establish a fee for submissions, and	2778
review submissions of certified welding and brazing procedure	2779
specifications, procedure qualification records, and performance	2780
qualification records for building services piping as required by	2781
section 4104.44 of the Revised Code.	2782

Sec. 121.084. (A) All moneys collected under sections	2783
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	2784
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other	2785
moneys collected by the division of ~~labor~~industrial compliance	2786
shall be paid into the state treasury to the credit of the ~~labor~~	2787
industrial compliance operating fund, which is hereby created. The	2788
department of commerce shall use the moneys in the fund for paying	2789
the operating expenses of the division and the administrative	2790
assessment described in division (B) of this section.	2791

(B) The director of commerce, with the approval of the	2792
director of budget and management, shall prescribe procedures for	2793
assessing the ~~labor~~industrial compliance operating fund a	2794
proportionate share of the administrative costs of the department	2795
of commerce. The assessment shall be made in accordance with those	2796
procedures and be paid from the ~~labor~~industrial compliance	2797
operating fund to the division of administration fund created in	2798
section 121.08 of the Revised Code.	2799

Sec. 121.22. (A) This section shall be liberally construed	2800
to require public officials to take official action and to conduct	2801
all deliberations upon official business only in open meetings	2802
unless the subject matter is specifically excepted by law.	2803

(B) As used in this section:

2804

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

2805

(a) Any board, commission, committee, council, or similar	2806
decision-making body of a state agency, institution, or authority,	2807
and any legislative authority or board, commission, committee,	2808
council, agency, authority, or similar decision-making body of any	2809
county, township, municipal corporation, school district, or other	2810
political subdivision or local public institution;	2811

(b) Any committee or subcommittee of a body described in	2812
division (B)(1)(a) of this section;	2813

(c) A court of jurisdiction of a sanitary district organized	2814
wholly for the purpose of providing a water supply for domestic,	2815
municipal, and public use when meeting for the purpose of the	2816
appointment, removal, or reappointment of a member of the board of	2817
directors of such a district pursuant to section 6115.10 of the	2818
Revised Code, if applicable, or for any other matter related to	2819
such a district other than litigation involving the district. As	2820
used in division (B)(1)(c) of this section, "court of	2821
jurisdiction" has the same meaning as "court" in section 6115.01	2822
of the Revised Code.	2823

(2) "Meeting" means any prearranged discussion of the public	2824
business of the public body by a majority of its members.	2825

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

2826

(a) A student in a state or local public educational	2827
institution;	2828

(b) A person who is, voluntarily or involuntarily, an inmate,	2829
patient, or resident of a state or local institution because of	2830
criminal behavior, mental illness or retardation, disease,	2831
disability, age, or other condition requiring custodial care.	2832

(4) "Public office" has the same meaning as in section	2833
149.011 of the Revised Code.	2834

(C) All meetings of any public body are declared to be public	2835
meetings open to the public at all times. A member of a public	2836
body shall be present in person at a meeting open to the public to	2837
be considered present or to vote at the meeting and for purposes	2838
of determining whether a quorum is present at the meeting.	2839

The minutes of a regular or special meeting of any public	2840
body shall be promptly prepared, filed, and maintained and shall	2841
be open to public inspection. The minutes need only reflect the	2842
general subject matter of discussions in executive sessions	2843
authorized under division (G) or (J) of this section.	2844

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

2845

(1) A grand jury;

2846

(2) An audit conference conducted by the auditor of state or	2847
independent certified public accountants with officials of the	2848
public office that is the subject of the audit;	2849

(3) The adult parole authority when its hearings are	2850
conducted at a correctional institution for the sole purpose of	2851
interviewing inmates to determine parole or pardon;	2852

(4) The organized crime investigations commission established	2853
under section 177.01 of the Revised Code;	2854

(5) Meetings of a child fatality review board established	2855
under section 307.621 of the Revised Code and meetings conducted	2856
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	2857

(6) The state medical board when determining whether to	2858
suspend a certificate without a prior hearing pursuant to division	2859
(G) of either section 4730.25 or 4731.22 of the Revised Code;	2860

(7) The board of nursing when determining whether to suspend	2861
a license or certificate without a prior hearing pursuant to	2862
division (B) of section 4723.281 of the Revised Code;	2863

(8) The state board of pharmacy when determining whether to	2864
suspend a license without a prior hearing pursuant to division (D)	2865
of section 4729.16 of the Revised Code;	2866

(9) The state chiropractic board when determining whether to	2867
suspend a license without a hearing pursuant to section 4734.37 of	2868
the Revised Code;	2869

(10) The executive committee of the emergency response	2870
commission when determining whether to issue an enforcement order	2871
or request that a civil action, civil penalty action, or criminal	2872
action be brought to enforce Chapter 3750. of the Revised Code;	2873

(11) The board of directors of the nonprofit corporation	2874
formed under section 187.01 of the Revised Code or any committee	2875
thereof, and the board of directors of any subsidiary of that	2876
corporation or a committee thereof;	2877

(12) An audit conference conducted by the audit staff of the	2878
department of job and family services with officials of the public	2879
office that is the subject of that audit under section 5101.37 of	2880
the Revised Code.	2881

(E) The controlling board, the development financing advisory	2882
council, the ~~industrial technology and enterprise advisory council~~	2883
third frontier commission, the tax credit authority, or the	2884
minority development financing advisory board, when meeting to	2885
consider granting assistance pursuant to Chapter 122. or 166. of	2886
the Revised Code, in order to protect the interest of the	2887
applicant or the possible investment of public funds, by unanimous	2888
vote of all board, council, commission, or authority members	2889
present, may close the meeting during consideration of the	2890
following information confidentially received by the authority,	2891
council, commission, or board from the applicant:	2892

(1) Marketing plans;

2893

(2) Specific business strategy;

2894

(3) Production techniques and trade secrets;

2895

(4) Financial projections;

2896

(5) Personal financial statements of the applicant or members	2897
of the applicant's immediate family, including, but not limited	2898
to, tax records or other similar information not open to public	2899
inspection.	2900

The vote by the authority, council, commission, or board to	2901
accept or reject the application, as well as all proceedings of	2902
the authority, council, commission, or board not subject to this	2903
division, shall be open to the public and governed by this	2904
section.	2905

(F) Every public body, by rule, shall establish a reasonable	2906
method whereby any person may determine the time and place of all	2907
regularly scheduled meetings and the time, place, and purpose of	2908
all special meetings. A public body shall not hold a special	2909
meeting unless it gives at least twenty-four hours' advance notice	2910
to the news media that have requested notification, except in the	2911
event of an emergency requiring immediate official action. In the	2912
event of an emergency, the member or members calling the meeting	2913
shall notify the news media that have requested notification	2914
immediately of the time, place, and purpose of the meeting.	2915

The rule shall provide that any person, upon request and	2916
payment of a reasonable fee, may obtain reasonable advance	2917
notification of all meetings at which any specific type of public	2918
business is to be discussed. Provisions for advance notification	2919
may include, but are not limited to, mailing the agenda of	2920
meetings to all subscribers on a mailing list or mailing notices	2921
in self-addressed, stamped envelopes provided by the person.	2922

(G) Except as provided in division (J) of this section, the	2923
members of a public body may hold an executive session only after	2924
a majority of a quorum of the public body determines, by a roll	2925
call vote, to hold an executive session and only at a regular or	2926
special meeting for the sole purpose of the consideration of any	2927
of the following matters:	2928

(1) To consider the appointment, employment, dismissal,	2929
discipline, promotion, demotion, or compensation of a public	2930
employee or official, or the investigation of charges or	2931
complaints against a public employee, official, licensee, or	2932
regulated individual, unless the public employee, official,	2933
licensee, or regulated individual requests a public hearing.	2934
Except as otherwise provided by law, no public body shall hold an	2935
executive session for the discipline of an elected official for	2936
conduct related to the performance of the elected official's	2937
official duties or for the elected official's removal from office.	2938
If a public body holds an executive session pursuant to division	2939
(G)(1) of this section, the motion and vote to hold that executive	2940
session shall state which one or more of the approved purposes	2941
listed in division (G)(1) of this section are the purposes for	2942
which the executive session is to be held, but need not include	2943
the name of any person to be considered at the meeting.	2944

(2) To consider the purchase of property for public purposes,	2945
or for the sale of property at competitive bidding, if premature	2946
disclosure of information would give an unfair competitive or	2947
bargaining advantage to a person whose personal, private interest	2948
is adverse to the general public interest. No member of a public	2949
body shall use division (G)(2) of this section as a subterfuge for	2950
providing covert information to prospective buyers or sellers. A	2951
purchase or sale of public property is void if the seller or buyer	2952
of the public property has received covert information from a	2953
member of a public body that has not been disclosed to the general	2954
public in sufficient time for other prospective buyers and sellers	2955
to prepare and submit offers.	2956

If the minutes of the public body show that all meetings and	2957
deliberations of the public body have been conducted in compliance	2958
with this section, any instrument executed by the public body	2959
purporting to convey, lease, or otherwise dispose of any right,	2960
title, or interest in any public property shall be conclusively	2961
presumed to have been executed in compliance with this section	2962
insofar as title or other interest of any bona fide purchasers,	2963
lessees, or transferees of the property is concerned.	2964

(3) Conferences with an attorney for the public body	2965
concerning disputes involving the public body that are the subject	2966
of pending or imminent court action;	2967

(4) Preparing for, conducting, or reviewing negotiations or	2968
bargaining sessions with public employees concerning their	2969
compensation or other terms and conditions of their employment;	2970

(5) Matters required to be kept confidential by federal law	2971
or regulations or state statutes;	2972

(6) Details relative to the security arrangements and	2973
emergency response protocols for a public body or a public office,	2974
if disclosure of the matters discussed could reasonably be	2975
expected to jeopardize the security of the public body or public	2976
office;	2977

(7) In the case of a county hospital operated pursuant to	2978
Chapter 339. of the Revised Code, a joint township hospital	2979
operated pursuant to Chapter 513. of the Revised Code, or a	2980
municipal hospital operated pursuant to Chapter 749. of the	2981
Revised Code, to consider trade secrets, as defined in section	2982
1333.61 of the Revised Code.	2983

If a public body holds an executive session to consider any	2984
of the matters listed in divisions (G)(2) to (7) of this section,	2985
the motion and vote to hold that executive session shall state	2986
which one or more of the approved matters listed in those	2987
divisions are to be considered at the executive session.	2988

A public body specified in division (B)(1)(c) of this section	2989
shall not hold an executive session when meeting for the purposes	2990
specified in that division.	2991

(H) A resolution, rule, or formal action of any kind is	2992
invalid unless adopted in an open meeting of the public body. A	2993
resolution, rule, or formal action adopted in an open meeting that	2994
results from deliberations in a meeting not open to the public is	2995
invalid unless the deliberations were for a purpose specifically	2996
authorized in division (G) or (J) of this section and conducted at	2997
an executive session held in compliance with this section. A	2998
resolution, rule, or formal action adopted in an open meeting is	2999
invalid if the public body that adopted the resolution, rule, or	3000
formal action violated division (F) of this section.	3001

(I)(1) Any person may bring an action to enforce this	3002
section. An action under division (I)(1) of this section shall be	3003
brought within two years after the date of the alleged violation	3004
or threatened violation. Upon proof of a violation or threatened	3005
violation of this section in an action brought by any person, the	3006
court of common pleas shall issue an injunction to compel the	3007
members of the public body to comply with its provisions.	3008

(2)(a) If the court of common pleas issues an injunction	3009
pursuant to division (I)(1) of this section, the court shall order	3010
the public body that it enjoins to pay a civil forfeiture of five	3011
hundred dollars to the party that sought the injunction and shall	3012
award to that party all court costs and, subject to reduction as	3013
described in division (I)(2) of this section, reasonable	3014
attorney's fees. The court, in its discretion, may reduce an award	3015
of attorney's fees to the party that sought the injunction or not	3016
award attorney's fees to that party if the court determines both	3017
of the following:	3018

(i) That, based on the ordinary application of statutory law	3019
and case law as it existed at the time of violation or threatened	3020
violation that was the basis of the injunction, a well-informed	3021
public body reasonably would believe that the public body was not	3022
violating or threatening to violate this section;	3023

(ii) That a well-informed public body reasonably would	3024
believe that the conduct or threatened conduct that was the basis	3025
of the injunction would serve the public policy that underlies the	3026
authority that is asserted as permitting that conduct or	3027
threatened conduct.	3028

(b) If the court of common pleas does not issue an injunction	3029
pursuant to division (I)(1) of this section and the court	3030
determines at that time that the bringing of the action was	3031
frivolous conduct, as defined in division (A) of section 2323.51	3032
of the Revised Code, the court shall award to the public body all	3033
court costs and reasonable attorney's fees, as determined by the	3034
court.	3035

(3) Irreparable harm and prejudice to the party that sought	3036
the injunction shall be conclusively and irrebuttably presumed	3037
upon proof of a violation or threatened violation of this section.	3038

(4) A member of a public body who knowingly violates an	3039
injunction issued pursuant to division (I)(1) of this section may	3040
be removed from office by an action brought in the court of common	3041
pleas for that purpose by the prosecuting attorney or the attorney	3042
general.	3043

(J)(1) Pursuant to division (C) of section 5901.09 of the	3044
Revised Code, a veterans service commission shall hold an	3045
executive session for one or more of the following purposes unless	3046
an applicant requests a public hearing:	3047

(a) Interviewing an applicant for financial assistance under	3048
sections 5901.01 to 5901.15 of the Revised Code;	3049

(b) Discussing applications, statements, and other documents	3050
described in division (B) of section 5901.09 of the Revised Code;	3051

(c) Reviewing matters relating to an applicant's request for	3052
financial assistance under sections 5901.01 to 5901.15 of the	3053
Revised Code.	3054

(2) A veterans service commission shall not exclude an	3055
applicant for, recipient of, or former recipient of financial	3056
assistance under sections 5901.01 to 5901.15 of the Revised Code,	3057
and shall not exclude representatives selected by the applicant,	3058
recipient, or former recipient, from a meeting that the commission	3059
conducts as an executive session that pertains to the applicant's,	3060
recipient's, or former recipient's application for financial	3061
assistance.	3062

(3) A veterans service commission shall vote on the grant or	3063
denial of financial assistance under sections 5901.01 to 5901.15	3064
of the Revised Code only in an open meeting of the commission. The	3065
minutes of the meeting shall indicate the name, address, and	3066
occupation of the applicant, whether the assistance was granted or	3067
denied, the amount of the assistance if assistance is granted, and	3068
the votes for and against the granting of assistance.	3069

Sec. 121.35. (A) Subject to division (B) of this section,	3070
the following state agencies shall collaborate to revise and make	3071
more uniform the eligibility standards and eligibility	3072
determination procedures of programs the state agencies	3073
administer:	3074

(1) The department of aging;

3075

(2) The department of alcohol and drug addiction services;

3076

(3) The department of development;

3077

(4) The department of developmental disabilities;

3078

(5) The department of education;

3079

(6) The department of health;

3080

(7) The department of job and family services;

3081

(8) The department of mental health;

3082

(9) The rehabilitation services commission.

3083

(B) In revising eligibility standards and eligibility	3084
determination procedures, a state agency shall not make any	3085
program's eligibility standards or eligibility determination	3086
procedures inconsistent with state or federal law. To the extent	3087
authorized by state and federal law, the revisions may provide for	3088
the state agencies to share administrative operations.	3089

Sec. 122.07. (A) The department of development may do ~~either~~	3090
any of the following:	3091

(1) Disseminate information concerning the industrial,	3092
commercial, governmental, educational, cultural, recreational,	3093
agricultural, and other advantages and attractions of the state;	3094

(2) Provide technical assistance to public and private	3095
agencies in the preparation of promotional programs designed to	3096
attract business, industry, and tourists to the state;	3097

(3) Enter into cooperative or contractual agreements, through	3098
the director of development, with any individual, organization, or	3099
business to create, administer, or otherwise be involved with Ohio	3100
tourism-related promotional programs. Compensation under such	3101
agreements shall be determined by the director and may include	3102
deferred compensation. This compensation is payable from the	3103
travel and tourism cooperative projects fund of the department.	3104
Any excess revenue generated under such a cooperative or	3105
contractual agreement shall be remitted to the fund to be	3106
reinvested in ongoing tourism marketing initiatives as authorized	3107
by law.	3108

(B) Records related to tourism market research submitted to	3109
or generated by the research office of the division of travel and	3110
tourism of the department of development, and any information	3111
taken for any purpose from such research, are not public records	3112
for the purposes of section 149.43 of the Revised Code. The	3113
department may use, however, such tourism market research in a	3114
public report if the director of the department determines that	3115
issuing and distributing the report would promote or market the	3116
state's travel and tourism industry or otherwise advance the	3117
purposes of this section.	3118

Sec. 122.15. As used in sections 122.15 to 122.154 of the	3119
Revised Code:	3120

(A) "~~Edison center~~Director" means ~~a cooperative research and~~	3121
~~development facility that receives funding through~~ the ~~Thomas Alva~~	3122
~~Edison grant program under division (C) of section 122.33~~director	3123
of ~~the Revised Code~~development.	3124

(B) "Ohio entity" means any corporation, limited liability	3125
company, or unincorporated business organization, including a	3126
general or limited partnership, that has its principal place of	3127
business located in this state and has at least fifty per cent of	3128
its gross assets and fifty per cent of its employees located in	3129
this state. If a corporation, limited liability company, or	3130
unincorporated business organization is a member of an affiliated	3131
group, the gross assets and the number of employees of all of the	3132
members of that affiliated group, wherever those assets and	3133
employees are located, shall be included for the purpose of	3134
determining the percentage of the corporation's, company's, or	3135
organization's gross assets and employees that are located in this	3136
state.	3137

(C) "Qualified trade or business" means any trade or business	3138
that primarily involves research and development, technology	3139
transfer, bio-technology, information technology, or the	3140
application of new technology developed through research and	3141
development or acquired through technology transfer. "Qualified	3142
trade or business" does not include any of the following:	3143

(1) Any trade or business involving the performance of	3144
services in the field of law, engineering, architecture,	3145
accounting, actuarial science, performing arts, consulting,	3146
athletics, financial services, or brokerage services, or any trade	3147
or business where the principal asset of the trade or business is	3148
the reputation or skill of one or more of its employees;	3149

(2) Any banking, insurance, financing, leasing, rental,	3150
investing, or similar business;	3151

(3) Any farming business, including the business of raising	3152
or harvesting trees;	3153

(4) Any business involving the production or extraction of	3154
products of a character with respect to which a deduction is	3155
allowable under section 611, 613, or 613A of the "Internal Revenue	3156
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 611, 613, or 613A;	3157

(5) Any business of operating a hotel, motel, restaurant, or	3158
similar business;	3159

(6) Any trade or business involving a hospital, a private	3160
office of a licensed health care professional, a group practice of	3161
licensed health care professionals, or a nursing home. As used in	3162
division (C)(6) of this section:	3163

(a) "Nursing home" has the same meaning as in section 3721.50	3164
of the Revised Code.	3165

(b) "Hospital" has the same meaning as in section 3727.01 of	3166
the Revised Code.	3167

(D) "Information technology" means the branch of technology	3168
devoted to the study and application of data and the processing	3169
thereof; the automatic acquisition, storage, manipulation or	3170
transformation, management, movement, control, display, switching,	3171
interchange, transmission or reception of data, and the	3172
development or use of hardware, software, firmware, and procedures	3173
associated with this processing. Information technology includes	3174
matters concerned with the furtherance of computer science and	3175
technology, design, development, installation and implementation	3176
of information systems and applications that in turn will be	3177
licensed or sold to a specific target market. Information	3178
technology does not include the creation of a distribution method	3179
for existing products and services.	3180

(E) "Insider" means an individual who owns, controls, or	3181
holds power to vote five per cent or more of the outstanding	3182
securities of a business. For purposes of determining whether an	3183
investor is an insider, the percentage of voting power in the Ohio	3184
entity held by a person related to the investor shall be added to	3185
the investor's percentage of voting power in the same Ohio entity,	3186
if the investor claimed the person related to the investor as a	3187
dependent or a spouse on the investor's federal income tax return	3188
for the previous tax year.	3189

(F) "Related to" means being the spouse, parent, child, or	3190
sibling of an individual.	3191

(G) "Research and development" means designing, creating, or	3192
formulating new or enhanced products, equipment, or processes, and	3193
conducting scientific or technological inquiry and experimentation	3194
in the physical sciences with the goal of increasing scientific	3195
knowledge that may reveal the bases for new or enhanced products,	3196
equipment, or processes.	3197

(H) "State tax liability" means any tax liability incurred	3198
under division (D) of section 5707.03, section 5727.24, 5727.38,	3199
or 5747.02, or Chapter 5733. of the Revised Code.	3200

(I) "Technology transfer" means the transfer of technology	3201
from one sector of the economy to another, including the transfer	3202
of military technology to civilian applications, civilian	3203
technology to military applications, or technology from public or	3204
private research laboratories to military or civilian	3205
applications.	3206

(J) "Affiliated group" means two or more persons related in	3207
such a way that one of the persons owns or controls the business	3208
operations of another of those persons. In the case of a	3209
corporation issuing capital stock, one corporation owns or	3210
controls the business operations of another corporation if it owns	3211
more than fifty per cent of the other corporation's capital stock	3212
with voting rights. In the case of a limited liability company,	3213
one person owns or controls the business operations of the company	3214
if that person's membership interest, as defined in section	3215
1705.01 of the Revised Code, is greater than fifty per cent of	3216
combined membership interest of all persons owning such interests	3217
in the company. In the case of an unincorporated business	3218
organization, one person owns or controls the business operations	3219
of the organization if, under the articles of organization or	3220
other instrument governing the affairs of the organization, that	3221
person has a beneficial interest in the organization's profits,	3222
surpluses, losses, or other distributions greater than fifty per	3223
cent of the combined beneficial interests of all persons having	3224
such an interest in the organization.	3225

(K) "Money" means United States currency, or a check, draft,	3226
or cashier's check for United States currency, payable on demand	3227
and drawn on a bank.	3228

(L) "EDGE business enterprise" means an Ohio entity certified	3229
by the director of administrative services as a participant in the	3230
encouraging diversity, growth, and equity program established by	3231
the governor's executive order 2002-17T.	3232

(M) "Distressed area" has the same meaning as in section	3233
122.23 of the Revised Code.	3234

Sec. 122.151. (A) An investor who proposes to make an	3235
investment of money in an Ohio entity may apply to ~~an Edison~~	3236
~~center~~the director for a tax credit under this section. The	3237
~~Edison center~~director shall prescribe the form of the application	3238
and any information that the investor must submit with the	3239
application. The investor shall include with the application a fee	3240
of two hundred dollars. The ~~center~~director, within ~~three~~four	3241
weeks after receiving the application, shall review it, determine	3242
whether the investor should be recommended for the tax credit, and	3243
send written notice of ~~its~~the director's initial determination to	3244
the ~~industrial technology and enterprise advisory council~~third	3245
frontier commission established under section 184.01 of the	3246
Revised Code and to the investor. If the ~~center~~director	3247
determines the investor should not be recommended for the tax	3248
credit, itthe director shall include in the notice the reasons	3249
for the determination. Subject to divisions (C) and (D) of this	3250
section, an investor is eligible for a tax credit if all of the	3251
following requirements are met:	3252

(1) The investor's investment of money is in an Ohio entity	3253
engaged in a qualified trade or business.	3254

(2) The Ohio entity had less than two million five hundred	3255
thousand dollars of gross revenue during its most recently	3256
completed fiscal year or had a net book value of less than two	3257
million five hundred thousand dollars at the end of that fiscal	3258
year.	3259

(3) The investment takes the form of the purchase of common	3260
or preferred stock, a membership interest, a partnership interest,	3261
or any other ownership interest.	3262

(4) The amount of the investment for which the credit is	3263
being claimed does not exceed three hundred thousand dollars in	3264
the case of an investment in an EDGE business enterprise or in an	3265
Ohio entity located in a distressed area, or two hundred fifty	3266
thousand dollars in the case of an investment in any other Ohio	3267
entity.	3268

(5) The money invested is entirely at risk of loss, where	3269
repayment depends upon the success of the business operations of	3270
the Ohio entity.	3271

(6) No repayment of principal invested will be made for at	3272
least three years from the date the investment is made.	3273

(7) The annual combined amount of any dividend and interest	3274
payments to be made to the investor will not exceed ten per cent	3275
of the amount of the investment for at least three years from the	3276
date the investment is made.	3277

(8) The investor is not an employee with proprietary	3278
decision-making authority of the Ohio entity in which the	3279
investment of money is proposed, or related to such an individual.	3280
The Ohio entity is not an individual related to the investor. For	3281
purposes of this division, the ~~industrial technology and~~	3282
~~enterprise advisory council~~director shall define "an employee	3283
with proprietary decision-making authority."	3284

(9) The investor is not an insider.

3285

For the purposes of determining the net book value of an Ohio	3286
entity under division (A)(1) or (2) of this section, if the entity	3287
is a member of an affiliated group, the combined net book values	3288
of all of the members of that affiliated group shall be used.	3289

Nothing in division (A)(6) or (7) of this section limits or	3290
disallows the distribution to an investor in a pass-through entity	3291
of a portion of the entity's profits equal to the investor's	3292
federal, state, and local income tax obligations attributable to	3293
the investor's allocable share of the entity's profits. Nothing in	3294
division (A)(6) or (7) of this section limits or disallows the	3295
sale by an investor of part or all of the investor's interests in	3296
an Ohio entity by way of a public offering of shares in the Ohio	3297
entity.	3298

(B) A group of two but not more than twenty investors, each	3299
of whom proposes to make an investment of money in the same Ohio	3300
entity, may submit an application for tax credits under division	3301
(A) of this section. The group shall include with the application	3302
a fee of eight hundred dollars. The application shall identify	3303
each investor in the group and the amount of money each investor	3304
proposes to invest in the Ohio entity, and shall name a contact	3305
person for the group. The ~~Edison center~~director, within ~~three~~	3306
four weeks after receiving the application, shall review it,	3307
determine whether each investor of the group should be recommended	3308
for a tax credit under the conditions set forth in division (A) of	3309
this section, and send written notice of ~~its~~the director's	3310
determination to the ~~industrial technology and enterprise~~	3311
~~advisory council~~commission and to the contact person. The ~~center~~	3312
director shall not recommend that a group of investors receive a	3313
tax credit unless each investor is eligible under those	3314
conditions. The ~~center~~director may disqualify from a group any	3315
investor who is not eligible under the conditions and recommend	3316
that the remaining group of investors receive the tax credit. If	3317
the ~~center~~director determines the group should not be recommended	3318
for the tax credit, itthe director shall include in the notice	3319
the reasons for the determination.	3320

(C) ~~The industrial technology and enterprise advisory council~~	3321
~~shall establish from among its members a three-person committee.~~	3322
Within four weeks after the ~~council~~commission receives a notice	3323
of recommendation from ~~an Edison center~~the director, the	3324
~~committee~~commission shall review the recommendation and issue a	3325
final determination of whether the investor or group is eligible	3326
for a tax credit under the conditions set forth in division (A) of	3327
this section. The ~~committee~~commission may require the investor	3328
or group to submit additional information to support the	3329
application. ~~The vote of at least two members of the committee is~~	3330
~~necessary for the issuance of a final determination or any other~~	3331
~~action of the committee.~~ Upon making the final determination, the	3332
~~committee~~commission shall send written notice of approval or	3333
disapproval of the tax credit to the investor or group contact	3334
person,and the director ~~of development, and the Edison center~~. If	3335
the ~~committee~~commission disapproves the tax credit, it shall	3336
include in the notice the reasons for the disapproval.	3337

(D)(1) The ~~industrial technology and enterprise advisory~~	3338
~~council committee~~commission shall not approve more than one	3339
million five hundred thousand dollars of investments in any one	3340
Ohio entity. However, if a proposed investment of money in an Ohio	3341
entity has been approved but the investor does not actually make	3342
the investment, the ~~committee~~commission may reassign the amount	3343
of that investment to another investor, as long as the total	3344
amount invested in the entity under this section does not exceed	3345
one million five hundred thousand dollars.	3346

If the one-million-five-hundred-thousand-dollar limit for an	3347
Ohio entity has not yet been reached and an application proposes	3348
an investment of money that would exceed the limit for that	3349
entity, the ~~committee~~commission shall send written notice to the	3350
investor, or for a group, the contact person, that the investment	3351
cannot be approved as requested. Upon receipt of the notice, the	3352
investor or group may amend the application to propose an	3353
investment of money that does not exceed the limit.	3354

(2) Not more than ~~forty-five~~fifty-one million dollars of tax	3355
credits shall be issued under sections 122.15 to 122.154 of the	3356
Revised Code.	3357

(E) If an investor makes an approved investment of less than	3358
two hundred fifty thousand dollars in any Ohio entity other than	3359
an EDGE business enterprise or in an Ohio entity located in a	3360
distressed area, the investor may apply for approval of another	3361
investment of money in that entity, as long as the total amount	3362
invested in that entity by the investor under this section does	3363
not exceed two hundred fifty thousand dollars. If an investor	3364
makes an approved investment of less than three hundred thousand	3365
dollars in an EDGE business enterprise or in an Ohio entity	3366
located in a distressed area, the investor may apply for approval	3367
of another investment of money in that entity, as long as the	3368
total amount invested in that entity by the investor under this	3369
section does not exceed three hundred thousand dollars. An	3370
investor who receives approval of an investment of money as part	3371
of a group may subsequently apply on an individual basis for	3372
approval of an additional investment of money in the Ohio entity.	3373

(F) The ~~industrial technology and enterprise advisory council~~	3374
~~committee~~commission shall approve or disapprove tax credit	3375
applications under this section in the order in which they are	3376
received by the ~~council~~commission.	3377

(G) The director ~~of development may disapprove any~~	3378
~~application recommended by an Edison center and approved by the~~	3379
~~industrial technology and enterprise advisory council committee,~~	3380
~~or may disapprove a credit for which a tax credit certificate has~~	3381
~~been issued under section 122.152 of the Revised Code, if the~~	3382
~~director determines that the entity in which the applicant~~	3383
~~proposes to invest or has invested is not an Ohio entity eligible~~	3384
~~to receive investments that qualify for the credit. If the~~	3385
~~director disapproves an application, the director shall certify~~	3386
~~the action to the investor, the Edison center that recommended the~~	3387
~~application, the industrial technology and enterprise advisory~~	3388
~~council, and the tax commissioner, together with a written~~	3389
~~explanation of the reasons for the disapproval. If the director~~	3390
~~disapproves a tax credit after a tax credit certificate is issued,~~	3391
~~the investor shall not claim the credit for the taxable year that~~	3392
~~includes the day the director disapproves the credit, or for any~~	3393
~~subsequent taxable year.~~	3394

~~The director of development~~, in accordance with section	3395
111.15 of the Revised Code and with the advice of the ~~industrial~~	3396
~~technology and enterprise advisory council~~commission, may adopt,	3397
amend, and rescind rules necessary to implement sections 122.15 to	3398
122.154 of the Revised Code.	3399

(H) ~~An Edison center~~The director shall use application fees	3400
received under this section only for the costs of administering	3401
sections 122.15 to 122.154 of the Revised Code.	3402

Sec. 122.152. (A) After receiving notice of approval for an	3403
investment of money from the ~~industrial technology and enterprise~~	3404
~~advisory council committee~~third frontier commission under section	3405
122.151 of the Revised Code, an investor, within a period of time	3406
determined by the ~~committee~~commission, may make the investment	3407
and apply to the ~~council~~commission for a tax credit certificate.	3408
If the ~~committee~~commission is satisfied the investor has made	3409
the investment in the proper form, it shall issue to the investor	3410
a tax credit certificate signed by the chairperson of the	3411
~~committee~~ commission and the director ~~of development~~ indicating	3412
that the investor is allowed a tax credit equal to one of the	3413
following amounts:	3414

(1) Thirty per cent of the investment if the investment was	3415
made in an EDGE business enterprise or in an Ohio entity located	3416
in a distressed area;	3417

(2) Twenty-five per cent of the investment if the investment	3418
was made in an Ohio entity other than an EDGE business enterprise.	3419

An investor who receives approval of a proposed investment of	3420
money through a group application, after making the investment,	3421
shall apply for a tax credit certificate on an individual basis.	3422

(B) An investor who is issued a tax credit certificate under	3423
this section may claim a nonrefundable credit equal to the amount	3424
indicated on the certificate against any state tax liability. The	3425
investor shall claim the credit for the taxable year in which the	3426
certificate is issued.	3427

(1) If the credit to which a taxpayer otherwise would be	3428
entitled under this section for any taxable year is greater than	3429
the tax otherwise due under division (D) of section 5707.03 or	3430
section 5727.24 or 5727.38 of the Revised Code, the excess shall	3431
be allowed as a credit in each of the ensuing fifteen taxable	3432
years, but the amount of any excess credit allowed in an ensuing	3433
taxable year shall be deducted from the balance carried forward to	3434
the next taxable year.	3435

(2) If the credit to which a taxpayer otherwise would be	3436
entitled under this section for any taxable year is greater than	3437
the tax otherwise due under section 5747.02 or Chapter 5733. of	3438
the Revised Code, after allowing for any other credits that	3439
precede the credit allowed under this section in the order	3440
required under section 5733.98 or 5747.98 of the Revised Code, the	3441
excess shall be allowed as a credit in each of the ensuing fifteen	3442
taxable years, but the amount of any excess credit allowed in an	3443
ensuing taxable year shall be deducted from the balance carried	3444
forward to the next taxable year.	3445

(C) Any portion of a credit allowed under this section that	3446
is utilized by an investor to reduce the investor's state tax	3447
liability shall not be utilized by any other person.	3448

(D) To claim a tax credit allowed under this section, an	3449
investor shall attach to the appropriate return a copy of the	3450
certificate issued to the investor under this section.	3451

(E) Nothing in this section shall limit or disallow	3452
pass-through treatment of a pass-through entity's income,	3453
deductions, or credits, or other amounts necessary to compute a	3454
state tax liability.	3455

(F) A tax credit certificate issued to an investor under this	3456
section may not be transferred by that investor to any other	3457
person.	3458

(G)(1) The director ~~of development~~ shall develop the form of	3459
the tax credit certificate and the ~~industrial technology and~~	3460
~~enterprise advisory council committee~~commission shall use that	3461
form when issuing a tax credit certificate under this section.	3462

(2) The director ~~of development~~ shall report to the tax	3463
commissioner any information requested by the commissioner	3464
concerning tax credit certificates issued under this section.	3465

(H) An investment made by an investor or group of investors	3466
who enter into a contractual agreement with an Ohio entity to	3467
invest money in the Ohio entity is an acceptable investment if all	3468
of the following conditions are met:	3469

(1) The investment is made pursuant to a subscription	3470
agreement providing that the investor or group of investors is	3471
entitled to receive a refund of funds if the investment is not	3472
approved by the ~~industrial technology and enterprise advisory~~	3473
~~council committee~~commission.	3474

(2) The investment is placed in escrow until the investment	3475
is approved by the ~~industrial technology and enterprise advisory~~	3476
~~council committee~~commission.	3477

(3) The investor or group of investors shows proof of the	3478
withdrawal of the funds by the Ohio entity after the investment is	3479
approved by the ~~industrial technology and enterprise advisory~~	3480
~~council committee~~commission.	3481

Sec. 122.153. If the ~~industrial technology and enterprise~~	3482
~~advisory council committee~~third frontier commission receives	3483
information alleging that an investor that was issued a tax credit	3484
certificate presented false information to ~~an Edison center~~the	3485
director or the ~~committee~~commission in connection with obtaining	3486
the certificate, it shall send written notice to the investor that	3487
if the allegation is found to be true the investor may be	3488
penalized as provided in this section. After giving the investor	3489
an opportunity to be heard on the allegation, the ~~committee~~	3490
commission shall determine if the investor presented false	3491
information in connection with obtaining a tax credit certificate.	3492

If the ~~committee~~commission determines the investor submitted	3493
false information, it may revoke any remaining tax credit	3494
available to the investor. The ~~committee~~commission shall send	3495
written notice of the revocation to the investor and the tax	3496
commissioner. The tax commissioner may make an assessment against	3497
the investor to recapture any amount of tax credit that the	3498
investor already has claimed. The time limitations on assessments	3499
under the laws of the particular tax against which the investor	3500
claimed the credit do not apply to an assessment under this	3501
section.	3502

Sec. 122.154. (A) A business may apply to ~~an Edison center~~	3503
the director for a determination as to whether the business is an	3504
Ohio entity eligible to receive investments of money under section	3505
122.151 of the Revised Code that qualify the investor for a tax	3506
credit under section 122.152 of the Revised Code. The business	3507
shall include with the application a fee of one hundred fifty	3508
dollars and a business plan. The ~~Edison center~~director shall	3509
prescribe any other information the business must submit with the	3510
application and the form of the application. The ~~center~~director,	3511
within ~~three~~four weeks after receiving the application, shall	3512
review it, determine whether the business is an Ohio entity	3513
eligible to receive investments of money that qualify for the tax	3514
credit, and send written notice to the ~~industrial technology and~~	3515
~~enterprise advisory council~~third frontier commission and the	3516
business of ~~its~~the director's initial determination. If the	3517
~~center~~director determines that the business is not an Ohio	3518
entity eligible to receive investments of money that qualify for	3519
the tax credit, itthe director shall include in the notice the	3520
reasons for the determination.	3521

Within four weeks after the ~~council~~commission receives a	3522
notice of recommendation from ~~an Edison center~~the director, the	3523
~~industrial technology and enterprise advisory council committee~~	3524
~~established under section 122.152 of the Revised Code~~commission	3525
shall review the recommendation and issue a final determination of	3526
whether the business is an Ohio entity eligible to receive	3527
investments of money under section 122.151 of the Revised Code	3528
that qualify an investor for a tax credit under section 122.152 of	3529
the Revised Code. The ~~committee~~commission may require the	3530
business to submit additional information to support the	3531
application. ~~The vote of at least two members of the committee is~~	3532
~~necessary for the issuance of a final determination.~~ On making the	3533
final determination, the ~~committee~~commission shall send written	3534
notice of approval or disapproval to the business,and the	3535
director ~~of development, and the Edison center~~. If the ~~committee~~	3536
commission determines that the business is not an Ohio entity	3537
eligible to receive investments of money that qualify for the tax	3538
credit, it shall include in the notice the reasons for the	3539
determination.	3540

(B) The department of development shall maintain a list of	3541
the businesses that have been determined to be Ohio entities	3542
eligible to receive investments of money that qualify for the tax	3543
credit. The department shall furnish copies of the list to the	3544
public upon request.	3545

(C) The department ~~of development~~ may prescribe a schedule	3546
under which businesses periodically must submit information to	3547
enable the ~~center~~department to maintain the accuracy of the list.	3548
At the times required in the schedule, each business on the list	3549
shall submit any information the ~~center~~department requires to	3550
determine if the business continues to be an Ohio entity eligible	3551
to receive investments of money that qualify for the tax credit.	3552

(D) ~~An Edison center~~The director shall use fees received	3553
under this section only for the costs of administering sections	3554
122.15 to 122.154 of the Revised Code.	3555

(E) The ~~Edison centers~~director and the ~~industrial technology~~	3556
~~and enterprise advisory council and its committee~~commission do	3557
not assume any responsibility for the accuracy or truthfulness of	3558
information furnished by an Ohio entity or its agents.	3559

An investor in an Ohio entity is solely responsible for due	3560
diligence in verifying information submitted by an Ohio entity. An	3561
~~Edison center~~The department is not liable for any action	3562
resulting from its provision of such information to investors in	3563
accordance with sections 122.15 to 122.154 of the Revised Code.	3564

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

3565

(1) "Income tax revenue" means the total amount withheld	3566
under section 5747.06 of the Revised Code by the taxpayer during	3567
the taxable year, or during the calendar year that includes the	3568
tax period, from the compensation of each employee employed in the	3569
project to the extent the employee's withholdings are not used to	3570
determine the credit under section 122.171 of the Revised Code.	3571
"Income tax revenue" excludes amounts withheld before the day the	3572
taxpayer becomes eligible for the credit.	3573

(2) "Baseline income tax revenue" means income tax revenue	3574
except that the applicable withholding period is the twelve months	3575
immediately preceding the date the tax credit authority approves	3576
the taxpayer's application multiplied by the sum of one plus an	3577
annual pay increase factor to be determined by the tax credit	3578
authority. If the taxpayer becomes eligible for the credit after	3579
the first day of the taxpayer's taxable year or after the first	3580
day of the calendar year that includes the tax period, the	3581
taxpayer's baseline income tax revenue for the first such taxable	3582
or calendar year of credit eligibility shall be reduced in	3583
proportion to the number of days during the taxable or calendar	3584
year for which the taxpayer was not eligible for the credit. For	3585
subsequent taxable or calendar years, "baseline income tax	3586
revenue" equals the unreduced baseline income tax revenue for the	3587
preceding taxable or calendar year multiplied by the sum of one	3588
plus the pay increase factor.	3589

(3) "Excess income tax revenue" means income tax revenue	3590
minus baseline income tax revenue.	3591

(B) The tax credit authority may make grants under this	3592
section to foster job creation in this state. Such a grant shall	3593
take the form of a refundable credit allowed against the tax	3594
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	3595
or levied under Chapter 5751. of the Revised Code. The credit	3596
shall be claimed for the taxable years or tax periods specified in	3597
the taxpayer's agreement with the tax credit authority under	3598
division (D) of this section. With respect to taxes imposed under	3599
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	3600
Revised Code, the credit shall be claimed in the order required	3601
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the	3602
Revised Code. The amount of the credit available for a taxable	3603
year or for a calendar year that includes a tax period equals the	3604
excess income tax revenue for that year multiplied by the	3605
percentage specified in the agreement with the tax credit	3606
authority. Any credit granted under this section against the tax	3607
imposed by section 5733.06 or 5747.02 of the Revised Code, to the	3608
extent not fully utilized against such tax for taxable years	3609
ending prior to 2008, shall automatically be converted without any	3610
action taken by the tax credit authority to a credit against the	3611
tax levied under Chapter 5751. of the Revised Code for tax periods	3612
beginning on or after July 1, 2008, provided that the person to	3613
whom the credit was granted is subject to such tax. The converted	3614
credit shall apply to those calendar years in which the remaining	3615
taxable years specified in the agreement end.	3616

(C) A taxpayer or potential taxpayer who proposes a project	3617
to create new jobs in this state may apply to the tax credit	3618
authority to enter into an agreement for a tax credit under this	3619
section. The director of development services shall prescribe the	3620
form of the application. After receipt of an application, the	3621
authority may enter into an agreement with the taxpayer for a	3622
credit under this section if it determines all of the following:	3623

(1) The taxpayer's project will increase payroll and income	3624
tax revenue;	3625

(2) The taxpayer's project is economically sound and will	3626
benefit the people of this state by increasing opportunities for	3627
employment and strengthening the economy of this state;	3628

(3) Receiving the tax credit is a major factor in the	3629
taxpayer's decision to go forward with the project.	3630

(D) An agreement under this section shall include all of the	3631
following:	3632

(1) A detailed description of the project that is the subject	3633
of the agreement;	3634

(2) The term of the tax credit, which shall not exceed	3635
fifteen years, and the first taxable year, or first calendar year	3636
that includes a tax period, for which the credit may be claimed;	3637

(3) A requirement that the taxpayer shall maintain operations	3638
at the project location for at least the greater of seven years or	3639
the term of the credit plus three years;	3640

(4) The percentage, as determined by the tax credit	3641
authority, of excess income tax revenue that will be allowed as	3642
the amount of the credit for each taxable year or for each	3643
calendar year that includes a tax period;	3644

(5) The pay increase factor to be applied to the taxpayer's	3645
baseline income tax revenue;	3646

(6) A requirement that the taxpayer annually shall report to	3647
the director of development services employment, tax withholding,	3648
investment, and other information the director needs to perform	3649
the director's duties under this section;	3650

(7) A requirement that the director of development services	3651
annually review the information reported under division (D)(6) of	3652
this section and verify compliance with the agreement; if the	3653
taxpayer is in compliance, a requirement that the director issue a	3654
certificate to the taxpayer stating that the information has been	3655
verified and identifying the amount of the credit that may be	3656
claimed for the taxable or calendar year;	3657

(8) A provision providing that the taxpayer may not relocate	3658
a substantial number of employment positions from elsewhere in	3659
this state to the project location unless the director of	3660
development services determines that the legislative authority of	3661
the county, township, or municipal corporation from which the	3662
employment positions would be relocated has been notified by the	3663
taxpayer of the relocation.	3664

For purposes of this section, the movement of an employment	3665
position from one political subdivision to another political	3666
subdivision shall be considered a relocation of an employment	3667
position unless the employment position in the first political	3668
subdivision is replaced.	3669

(E) If a taxpayer fails to meet or comply with any condition	3670
or requirement set forth in a tax credit agreement, the tax credit	3671
authority may amend the agreement to reduce the percentage or term	3672
of the tax credit. The reduction of the percentage or term may	3673
take effect in the current taxable or calendar year.	3674

(F) Projects that consist solely of point-of-final-purchase	3675
retail facilities are not eligible for a tax credit under this	3676
section. If a project consists of both point-of-final-purchase	3677
retail facilities and nonretail facilities, only the portion of	3678
the project consisting of the nonretail facilities is eligible for	3679
a tax credit and only the excess income tax revenue from the	3680
nonretail facilities shall be considered when computing the amount	3681
of the tax credit. If a warehouse facility is part of a	3682
point-of-final-purchase retail facility and supplies only that	3683
facility, the warehouse facility is not eligible for a tax credit.	3684
Catalog distribution centers are not considered	3685
point-of-final-purchase retail facilities for the purposes of this	3686
division, and are eligible for tax credits under this section.	3687

(G) Financial statements and other information submitted to	3688
the department of development services or the tax credit authority	3689
by an applicant or recipient of a tax credit under this section,	3690
and any information taken for any purpose from such statements or	3691
information, are not public records subject to section 149.43 of	3692
the Revised Code. However, the chairperson of the authority may	3693
make use of the statements and other information for purposes of	3694
issuing public reports or in connection with court proceedings	3695
concerning tax credit agreements under this section. Upon the	3696
request of the tax commissioner or, if the applicant or recipient	3697
is an insurance company, upon the request of the superintendent of	3698
insurance, the chairperson of the authority shall provide to the	3699
commissioner or superintendent any statement or information	3700
submitted by an applicant or recipient of a tax credit in	3701
connection with the credit. The commissioner or superintendent	3702
shall preserve the confidentiality of the statement or	3703
information.	3704

(H) A taxpayer claiming a credit under this section shall	3705
submit to the tax commissioner or, if the taxpayer is an insurance	3706
company, to the superintendent of insurance, a copy of the	3707
director of ~~development's~~development services' certificate of	3708
verification under division (D)(7) of this section with the	3709
taxpayer's tax report or return for the taxable year or for the	3710
calendar year that includes the tax period. Failure to submit a	3711
copy of the certificate with the report or return does not	3712
invalidate a claim for a credit if the taxpayer submits a copy of	3713
the certificate to the commissioner or superintendent within sixty	3714
days after the commissioner or superintendent requests it.	3715

(I) The director of development services, after consultation	3716
with the tax commissioner and the superintendent of insurance and	3717
in accordance with Chapter 119. of the Revised Code, shall adopt	3718
rules necessary to implement this section. The rules may provide	3719
for recipients of tax credits under this section to be charged	3720
fees to cover administrative costs of the tax credit program. The	3721
fees collected shall be credited to the tax incentive programs	3722
operating fund created in section 122.174 of the Revised Code. At	3723
the time the director gives public notice under division (A) of	3724
section 119.03 of the Revised Code of the adoption of the rules,	3725
the director shall submit copies of the proposed rules to the	3726
chairpersons of the standing committees on economic development in	3727
the senate and the house of representatives.	3728

(J) For the purposes of this section, a taxpayer may include	3729
a partnership, a corporation that has made an election under	3730
subchapter S of chapter one of subtitle A of the Internal Revenue	3731
Code, or any other business entity through which income flows as a	3732
distributive share to its owners. A partnership, S-corporation, or	3733
other such business entity may elect to pass the credit received	3734
under this section through to the persons to whom the income or	3735
profit of the partnership, S-corporation, or other entity is	3736
distributed. The election shall be made on the annual report	3737
required under division (D)(6) of this section. The election	3738
applies to and is irrevocable for the credit for which the report	3739
is submitted. If the election is made, the credit shall be	3740
apportioned among those persons in the same proportions as those	3741
in which the income or profit is distributed.	3742

(K) If the director of development services determines that a	3743
taxpayer who has received a credit under this section is not	3744
complying with the requirement under division (D)(3) of this	3745
section, the director shall notify the tax credit authority of the	3746
noncompliance. After receiving such a notice, and after giving the	3747
taxpayer an opportunity to explain the noncompliance, the tax	3748
credit authority may require the taxpayer to refund to this state	3749
a portion of the credit in accordance with the following:	3750

(1) If the taxpayer maintained operations at the project	3751
location for a period less than or equal to the term of the	3752
credit, an amount not exceeding one hundred per cent of the sum of	3753
any credits allowed and received under this section;	3754

(2) If the taxpayer maintained operations at the project	3755
location for a period longer than the term of the credit, but less	3756
than the greater of seven years or the term of the credit plus	3757
three years, an amount not exceeding seventy-five per cent of the	3758
sum of any credits allowed and received under this section.	3759

In determining the portion of the tax credit to be refunded	3760
to this state, the tax credit authority shall consider the effect	3761
of market conditions on the taxpayer's project and whether the	3762
taxpayer continues to maintain other operations in this state.	3763
After making the determination, the authority shall certify the	3764
amount to be refunded to the tax commissioner or superintendent of	3765
insurance, as appropriate. If the amount is certified to the	3766
commissioner, the commissioner shall make an assessment for that	3767
amount against the taxpayer under Chapter 5726., 5733., 5747., or	3768
5751. of the Revised Code. If the amount is certified to the	3769
superintendent, the superintendent shall make an assessment for	3770
that amount against the taxpayer under Chapter 5725. or 5729. of	3771
the Revised Code. The time limitations on assessments under those	3772
chapters do not apply to an assessment under this division, but	3773
the commissioner or superintendent, as appropriate, shall make the	3774
assessment within one year after the date the authority certifies	3775
to the commissioner or superintendent the amount to be refunded.	3776

(L) On or before the first day of August each year, the	3777
director of development services shall submit a report to the	3778
governor, the president of the senate, and the speaker of the	3779
house of representatives on the tax credit program under this	3780
section. The report shall include information on the number of	3781
agreements that were entered into under this section during the	3782
preceding calendar year, a description of the project that is the	3783
subject of each such agreement, and an update on the status of	3784
projects under agreements entered into before the preceding	3785
calendar year.	3786

(M) There is hereby created the tax credit authority, which	3787
consists of the director of development services and four other	3788
members appointed as follows: the governor, the president of the	3789
senate, and the speaker of the house of representatives each shall	3790
appoint one member who shall be a specialist in economic	3791
development; the governor also shall appoint a member who is a	3792
specialist in taxation. Of the initial appointees, the members	3793
appointed by the governor shall serve a term of two years; the	3794
members appointed by the president of the senate and the speaker	3795
of the house of representatives shall serve a term of four years.	3796
Thereafter, terms of office shall be for four years. Initial	3797
appointments to the authority shall be made within thirty days	3798
after January 13, 1993. Each member shall serve on the authority	3799
until the end of the term for which the member was appointed.	3800
Vacancies shall be filled in the same manner provided for original	3801
appointments. Any member appointed to fill a vacancy occurring	3802
prior to the expiration of the term for which the member's	3803
predecessor was appointed shall hold office for the remainder of	3804
that term. Members may be reappointed to the authority. Members of	3805
the authority shall receive their necessary and actual expenses	3806
while engaged in the business of the authority. The director of	3807
development services shall serve as chairperson of the authority,	3808
and the members annually shall elect a vice-chairperson from among	3809
themselves. Three members of the authority constitute a quorum to	3810
transact and vote on the business of the authority. The majority	3811
vote of the membership of the authority is necessary to approve	3812
any such business, including the election of the vice-chairperson.	3813

The director of development services may appoint a	3814
professional employee of the department of development services to	3815
serve as the director's substitute at a meeting of the authority.	3816
The director shall make the appointment in writing. In the absence	3817
of the director from a meeting of the authority, the appointed	3818
substitute shall serve as chairperson. In the absence of both the	3819
director and the director's substitute from a meeting, the	3820
vice-chairperson shall serve as chairperson.	3821

(N) For purposes of the credits granted by this section	3822
against the taxes imposed under sections 5725.18 and 5729.03 of	3823
the Revised Code, "taxable year" means the period covered by the	3824
taxpayer's annual statement to the superintendent of insurance.	3825

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

3826

(1) "Capital investment project" means a plan of investment	3827
at a project site for the acquisition, construction, renovation,	3828
or repair of buildings, machinery, or equipment, or for	3829
capitalized costs of basic research and new product development	3830
determined in accordance with generally accepted accounting	3831
principles, but does not include any of the following:	3832

(a) Payments made for the acquisition of personal property	3833
through operating leases;	3834

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

3835

(c) Payments made to a related member as defined in section	3836
5733.042 of the Revised Code or to a consolidated elected taxpayer	3837
or a combined taxpayer as defined in section 5751.01 of the	3838
Revised Code.	3839

(2) "Eligible business" means a taxpayer and its related	3840
members with Ohio operations satisfying all of the following:	3841

(a) The taxpayer employs at least five hundred full-time	3842
equivalent employees or has an annual payroll of at least	3843
thirty-five million dollars at the time the tax credit authority	3844
grants the tax credit under this section;	3845

(b) The taxpayer makes or causes to be made payments for the	3846
capital investment project of one of the following:	3847

(i) If the taxpayer is engaged at the project site primarily	3848
as a manufacturer, at least fifty million dollars in the aggregate	3849
at the project site during a period of three consecutive calendar	3850
years, including the calendar year that includes a day of the	3851
taxpayer's taxable year or tax period with respect to which the	3852
credit is granted;	3853

(ii) If the taxpayer is engaged at the project site primarily	3854
in significant corporate administrative functions, as defined by	3855
the director of development services by rule, at least twenty	3856
million dollars in the aggregate at the project site during a	3857
period of three consecutive calendar years including the calendar	3858
year that includes a day of the taxpayer's taxable year or tax	3859
period with respect to which the credit is granted;	3860

(iii) If the taxpayer is applying to enter into an agreement	3861
for a tax credit authorized under division (B)(3) of this section,	3862
at least five million dollars in the aggregate at the project site	3863
during a period of three consecutive calendar years, including the	3864
calendar year that includes a day of the taxpayer's taxable year	3865
or tax period with respect to which the credit is granted.	3866

(c) The taxpayer had a capital investment project reviewed	3867
and approved by the tax credit authority as provided in divisions	3868
(C), (D), and (E) of this section.	3869

(3) "Full-time equivalent employees" means the quotient	3870
obtained by dividing the total number of hours for which employees	3871
were compensated for employment in the project by two thousand	3872
eighty. "Full-time equivalent employees" shall exclude hours that	3873
are counted for a credit under section 122.17 of the Revised Code.	3874

(4) "Income tax revenue" means the total amount withheld	3875
under section 5747.06 of the Revised Code by the taxpayer during	3876
the taxable year, or during the calendar year that includes the	3877
tax period, from the compensation of all employees employed in the	3878
project whose hours of compensation are included in calculating	3879
the number of full-time equivalent employees.	3880

(5) "Manufacturer" has the same meaning as in section	3881
5739.011 of the Revised Code.	3882

(6) "Project site" means an integrated complex of facilities	3883
in this state, as specified by the tax credit authority under this	3884
section, within a fifteen-mile radius where a taxpayer is	3885
primarily operating as an eligible business.	3886

(7) "Related member" has the same meaning as in section	3887
5733.042 of the Revised Code as that section existed on the	3888
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	3889
general assembly, September 29, 1997.	3890

(8) "Taxable year" includes, in the case of a domestic or	3891
foreign insurance company, the calendar year ending on the	3892
thirty-first day of December preceding the day the superintendent	3893
of insurance is required to certify to the treasurer of state	3894
under section 5725.20 or 5729.05 of the Revised Code the amount of	3895
taxes due from insurance companies.	3896

(B) The tax credit authority created under section 122.17 of	3897
the Revised Code may grant tax credits under this section for the	3898
purpose of fostering job retention in this state. Upon application	3899
by an eligible business and upon consideration of the	3900
recommendation of the director of budget and management, tax	3901
commissioner, the superintendent of insurance in the case of an	3902
insurance company, and director of development services under	3903
division (C) of this section, the tax credit authority may grant	3904
the following credits against the tax imposed by section 5725.18,	3905
5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 of the Revised	3906
Code:	3907

(1) A nonrefundable credit to an eligible business;

3908

(2) A refundable credit to an eligible business meeting the	3909
following conditions, provided that the director of budget and	3910
management, tax commissioner, superintendent of insurance in the	3911
case of an insurance company, and director of development services	3912
have recommended the granting of the credit to the tax credit	3913
authority before July 1, 2011:	3914

(a) The business retains at least one thousand full-time	3915
equivalent employees at the project site.	3916

(b) The business makes or causes to be made payments for a	3917
capital investment project of at least twenty-five million dollars	3918
in the aggregate at the project site during a period of three	3919
consecutive calendar years, including the calendar year that	3920
includes a day of the business' taxable year or tax period with	3921
respect to which the credit is granted.	3922

(c) In 2010, the business received a written offer of	3923
financial incentives from another state of the United States that	3924
the director determines to be sufficient inducement for the	3925
business to relocate the business' operations from this state to	3926
that state.	3927

(3) A refundable credit to an eligible business with a total	3928
annual payroll of at least twenty million dollars, provided that	3929
the tax credit authority grants the tax credit on or after July 1,	3930
2011, and before January 1, 2014.	3931

The credits authorized in divisions (B)(1), (2), and (3) of	3932
this section may be granted for a period up to fifteen taxable	3933
years or, in the case of the tax levied by section 5751.02 of the	3934
Revised Code, for a period of up to fifteen calendar years. The	3935
credit amount for a taxable year or a calendar year that includes	3936
the tax period for which a credit may be claimed equals the income	3937
tax revenue for that year multiplied by the percentage specified	3938
in the agreement with the tax credit authority. The percentage may	3939
not exceed seventy-five per cent. The credit shall be claimed in	3940
the order required under section 5725.98, 5726.98, 5729.98,	3941
5733.98, 5747.98, or 5751.98 of the Revised Code. In determining	3942
the percentage and term of the credit, the tax credit authority	3943
shall consider both the number of full-time equivalent employees	3944
and the value of the capital investment project. The credit amount	3945
may not be based on the income tax revenue for a calendar year	3946
before the calendar year in which the tax credit authority	3947
specifies the tax credit is to begin, and the credit shall be	3948
claimed only for the taxable years or tax periods specified in the	3949
eligible business' agreement with the tax credit authority. In no	3950
event shall the credit be claimed for a taxable year or tax period	3951
terminating before the date specified in the agreement. Any credit	3952
granted under this section against the tax imposed by section	3953
5733.06 or 5747.02 of the Revised Code, to the extent not fully	3954
utilized against such tax for taxable years ending prior to 2008,	3955
shall automatically be converted without any action taken by the	3956
tax credit authority to a credit against the tax levied under	3957
Chapter 5751. of the Revised Code for tax periods beginning on or	3958
after July 1, 2008, provided that the person to whom the credit	3959
was granted is subject to such tax. The converted credit shall	3960
apply to those calendar years in which the remaining taxable years	3961
specified in the agreement end.	3962

If a nonrefundable credit allowed under division (B)(1) of	3963
this section for a taxable year or tax period exceeds the	3964
taxpayer's tax liability for that year or period, the excess may	3965
be carried forward for the three succeeding taxable or calendar	3966
years, but the amount of any excess credit allowed in any taxable	3967
year or tax period shall be deducted from the balance carried	3968
forward to the succeeding year or period.	3969

(C) A taxpayer that proposes a capital investment project to	3970
retain jobs in this state may apply to the tax credit authority to	3971
enter into an agreement for a tax credit under this section. The	3972
director of development services shall prescribe the form of the	3973
application. After receipt of an application, the authority shall	3974
forward copies of the application to the director of budget and	3975
management, the tax commissioner, the superintendent of insurance	3976
in the case of an insurance company, and the director of	3977
development services, each of whom shall review the application to	3978
determine the economic impact the proposed project would have on	3979
the state and the affected political subdivisions and shall submit	3980
a summary of their determinations and recommendations to the	3981
authority.	3982

(D) Upon review and consideration of the determinations and	3983
recommendations described in division (C) of this section, the tax	3984
credit authority may enter into an agreement with the taxpayer for	3985
a credit under this section if the authority determines all of the	3986
following:	3987

(1) The taxpayer's capital investment project will result in	3988
the retention of employment in this state.	3989

(2) The taxpayer is economically sound and has the ability to	3990
complete the proposed capital investment project.	3991

(3) The taxpayer intends to and has the ability to maintain	3992
operations at the project site for at least the greater of (a) the	3993
term of the credit plus three years, or (b) seven years.	3994

(4) Receiving the credit is a major factor in the taxpayer's	3995
decision to begin, continue with, or complete the project.	3996

(5) If the taxpayer is applying to enter into an agreement	3997
for a tax credit authorized under division (B)(3) of this section,	3998
the taxpayer's capital investment project will be located in the	3999
political subdivision in which the taxpayer maintains its	4000
principal place of business.	4001

(E) An agreement under this section shall include all of the	4002
following:	4003

(1) A detailed description of the project that is the subject	4004
of the agreement, including the amount of the investment, the	4005
period over which the investment has been or is being made, the	4006
number of full-time equivalent employees at the project site, and	4007
the anticipated income tax revenue to be generated.	4008

(2) The term of the credit, the percentage of the tax credit,	4009
the maximum annual value of tax credits that may be allowed each	4010
year, and the first year for which the credit may be claimed.	4011

(3) A requirement that the taxpayer maintain operations at	4012
the project site for at least the greater of (a) the term of the	4013
credit plus three years, or (b) seven years.	4014

(4)(a) In the case of a credit granted under division (B)(1)	4015
of this section, a requirement that the taxpayer retain at least	4016
five hundred full-time equivalent employees at the project site	4017
and within this state for the entire term of the credit, or a	4018
requirement that the taxpayer maintain an annual payroll of at	4019
least thirty-five million dollars for the entire term of the	4020
credit;	4021

(b) In the case of a credit granted under division (B)(2) of	4022
this section, a requirement that the taxpayer retain at least one	4023
thousand full-time equivalent employees at the project site and	4024
within this state for the entire term of the credit;	4025

(c) In the case of a credit granted under division (B)(3) of	4026
this section, either of the following:	4027

(i) A requirement that the taxpayer retain at least five	4028
hundred full-time equivalent employees at the project site and	4029
within this state for the entire term of the credit and a	4030
requirement that the taxpayer maintain an annual payroll of at	4031
least twenty million dollars for the entire term of the credit;	4032

(ii) A requirement that the taxpayer maintain an annual	4033
payroll of at least thirty-five million dollars for the entire	4034
term of the credit.	4035

(5) A requirement that the taxpayer annually report to the	4036
director of development services employment, tax withholding,	4037
capital investment, and other information the director needs to	4038
perform the director's duties under this section.	4039

(6) A requirement that the director of development services	4040
annually review the annual reports of the taxpayer to verify the	4041
information reported under division (E)(5) of this section and	4042
compliance with the agreement. Upon verification, the director	4043
shall issue a certificate to the taxpayer stating that the	4044
information has been verified and identifying the amount of the	4045
credit for the taxable year or calendar year that includes the tax	4046
period. In determining the number of full-time equivalent	4047
employees, no position shall be counted that is filled by an	4048
employee who is included in the calculation of a tax credit under	4049
section 122.17 of the Revised Code.	4050

(7) A provision providing that the taxpayer may not relocate	4051
a substantial number of employment positions from elsewhere in	4052
this state to the project site unless the director of development	4053
services determines that the taxpayer notified the legislative	4054
authority of the county, township, or municipal corporation from	4055
which the employment positions would be relocated.	4056

For purposes of this section, the movement of an employment	4057
position from one political subdivision to another political	4058
subdivision shall be considered a relocation of an employment	4059
position unless the movement is confined to the project site. The	4060
transfer of an employment position from one political subdivision	4061
to another political subdivision shall not be considered a	4062
relocation of an employment position if the employment position in	4063
the first political subdivision is replaced by another employment	4064
position.	4065

(8) A waiver by the taxpayer of any limitations periods	4066
relating to assessments or adjustments resulting from the	4067
taxpayer's failure to comply with the agreement.	4068

(F) If a taxpayer fails to meet or comply with any condition	4069
or requirement set forth in a tax credit agreement, the tax credit	4070
authority may amend the agreement to reduce the percentage or term	4071
of the credit. The reduction of the percentage or term may take	4072
effect in the current taxable or calendar year.	4073

(G) Financial statements and other information submitted to	4074
the department of development services or the tax credit authority	4075
by an applicant for or recipient of a tax credit under this	4076
section, and any information taken for any purpose from such	4077
statements or information, are not public records subject to	4078
section 149.43 of the Revised Code. However, the chairperson of	4079
the authority may make use of the statements and other information	4080
for purposes of issuing public reports or in connection with court	4081
proceedings concerning tax credit agreements under this section.	4082
Upon the request of the tax commissioner, or the superintendent of	4083
insurance in the case of an insurance company, the chairperson of	4084
the authority shall provide to the commissioner or superintendent	4085
any statement or other information submitted by an applicant for	4086
or recipient of a tax credit in connection with the credit. The	4087
commissioner or superintendent shall preserve the confidentiality	4088
of the statement or other information.	4089

(H) A taxpayer claiming a tax credit under this section shall	4090
submit to the tax commissioner or, in the case of an insurance	4091
company, to the superintendent of insurance, a copy of the	4092
director of ~~development's~~development services' certificate of	4093
verification under division (E)(6) of this section with the	4094
taxpayer's tax report or return for the taxable year or for the	4095
calendar year that includes the tax period. Failure to submit a	4096
copy of the certificate with the report or return does not	4097
invalidate a claim for a credit if the taxpayer submits a copy of	4098
the certificate to the commissioner or superintendent within sixty	4099
days after the commissioner or superintendent requests it.	4100

(I) For the purposes of this section, a taxpayer may include	4101
a partnership, a corporation that has made an election under	4102
subchapter S of chapter one of subtitle A of the Internal Revenue	4103
Code, or any other business entity through which income flows as a	4104
distributive share to its owners. A partnership, S-corporation, or	4105
other such business entity may elect to pass the credit received	4106
under this section through to the persons to whom the income or	4107
profit of the partnership, S-corporation, or other entity is	4108
distributed. The election shall be made on the annual report	4109
required under division (E)(5) of this section. The election	4110
applies to and is irrevocable for the credit for which the report	4111
is submitted. If the election is made, the credit shall be	4112
apportioned among those persons in the same proportions as those	4113
in which the income or profit is distributed.	4114

(J) If the director of development services determines that a	4115
taxpayer that received a tax credit under this section is not	4116
complying with the requirement under division (E)(3) of this	4117
section, the director shall notify the tax credit authority of the	4118
noncompliance. After receiving such a notice, and after giving the	4119
taxpayer an opportunity to explain the noncompliance, the	4120
authority may terminate the agreement and require the taxpayer to	4121
refund to the state all or a portion of the credit claimed in	4122
previous years, as follows:	4123

(1) If the taxpayer maintained operations at the project site	4124
for less than or equal to the term of the credit, an amount not to	4125
exceed one hundred per cent of the sum of any tax credits allowed	4126
and received under this section.	4127

(2) If the taxpayer maintained operations at the project site	4128
longer than the term of the credit, but less than the greater of	4129
(a) the term of the credit plus three years, or (b) seven years,	4130
the amount required to be refunded shall not exceed seventy-five	4131
per cent of the sum of any tax credits allowed and received under	4132
this section.	4133

In determining the portion of the credit to be refunded to	4134
this state, the authority shall consider the effect of market	4135
conditions on the taxpayer's project and whether the taxpayer	4136
continues to maintain other operations in this state. After making	4137
the determination, the authority shall certify the amount to be	4138
refunded to the tax commissioner or the superintendent of	4139
insurance. If the taxpayer is not an insurance company, the	4140
commissioner shall make an assessment for that amount against the	4141
taxpayer under Chapter 5726., 5733., 5747., or 5751. of the	4142
Revised Code. If the taxpayer is an insurance company, the	4143
superintendent of insurance shall make an assessment under section	4144
5725.222 or 5729.102 of the Revised Code. The time limitations on	4145
assessments under those chapters and sections do not apply to an	4146
assessment under this division, but the commissioner or	4147
superintendent shall make the assessment within one year after the	4148
date the authority certifies to the commissioner or superintendent	4149
the amount to be refunded.	4150

(K) The director of development services, after consultation	4151
with the tax commissioner and the superintendent of insurance and	4152
in accordance with Chapter 119. of the Revised Code, shall adopt	4153
rules necessary to implement this section. The rules may provide	4154
for recipients of tax credits under this section to be charged	4155
fees to cover administrative costs of the tax credit program. The	4156
fees collected shall be credited to the tax incentive programs	4157
operating fund created in section 122.174 of the Revised Code. At	4158
the time the director gives public notice under division (A) of	4159
section 119.03 of the Revised Code of the adoption of the rules,	4160
the director shall submit copies of the proposed rules to the	4161
chairpersons of the standing committees on economic development in	4162
the senate and the house of representatives.	4163

(L) On or before the first day of August of each year, the	4164
director of development services shall submit a report to the	4165
governor, the president of the senate, and the speaker of the	4166
house of representatives on the tax credit program under this	4167
section. The report shall include information on the number of	4168
agreements that were entered into under this section during the	4169
preceding calendar year, a description of the project that is the	4170
subject of each such agreement, and an update on the status of	4171
projects under agreements entered into before the preceding	4172
calendar year.	4173

(M)(1) The aggregate amount of tax credits issued under	4174
division (B)(1) of this section during any calendar year for	4175
capital investment projects reviewed and approved by the tax	4176
credit authority may not exceed the following amounts:	4177

(a) For 2010, thirteen million dollars;

4178

(b) For 2011 through 2023, the amount of the limit for the	4179
preceding calendar year plus thirteen million dollars;	4180

(c) For 2024 and each year thereafter, one hundred	4181
ninety-five million dollars.	4182

(2) The aggregate amount of tax credits authorized under	4183
divisions (B)(2) and (3) of this section and allowed to be claimed	4184
by taxpayers in any calendar year for capital improvement projects	4185
reviewed and approved by the tax credit authority in 2011, 2012,	4186
and 2013 combined shall not exceed twenty-five million dollars. An	4187
amount equal to the aggregate amount of credits first authorized	4188
in calendar year 2011, 2012, and 2013 may be claimed over the	4189
ensuing period up to fifteen years, subject to the terms of	4190
individual tax credit agreements.	4191

The limitations in division (M) of this section do not apply	4192
to credits for capital investment projects approved by the tax	4193
credit authority before July 1, 2009.	4194

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	4195
of the Revised Code:	4196

(A) "New technology" means the development through science or	4197
research of methods, processes, and procedures, including but not	4198
limited to those involving the processing and utilization of coal,	4199
for practical application in industrial or agribusiness	4200
situations.	4201

(B) "Industrial research" means study and investigation in	4202
giving new shapes, new qualities or new combinations to matter or	4203
material products by the application of labor thereto or the	4204
rehabilitation of an existing matter or material product.	4205

(C) "Enterprise" means a business with its principal place of	4206
business in this state or which proposes to be engaged in this	4207
state in research and development or in the provision of products	4208
or services involving a significant amount of new technology.	4209

(D) "Educational institutions" means nonprofit public and	4210
private colleges and universities, incorporated or unincorporated,	4211
in the state.	4212

(E) "Small business" means an enterprise with less than four	4213
hundred employees, including corporations, partnerships,	4214
unincorporated entities, proprietorships, and joint enterprises.	4215

(F) "Applied research" means the application of basic	4216
research for the development of new technology.	4217

Sec. 122.30. The ~~industrial technology and enterprise~~	4218
~~advisory council~~third frontier commission established in section	4219
184.01 of the Revised Code and the director of development are	4220
vested with the powers and duties provided in sections 122.28 and	4221
122.30 to 122.36 of the Revised Code, to promote the welfare of	4222
the people of the state through the interaction of the business	4223
and industrial community and educational institutions in the	4224
development of new technology and enterprise.	4225

(A) It is necessary for the state to establish the ~~industrial~~	4226
~~technology and enterprise advisory council and the~~ programs	4227
created pursuant to sections 122.28 and 122.30 to 122.36 of the	4228
Revised Code to accomplish the following purposes which are	4229
determined to be essential:	4230

(1) Improve the existing industrial and agricultural base of	4231
the state;	4232

(2) Improve the economy of the state by providing employment,	4233
increasing productivity, and slowing the rate of inflation;	4234

(3) Develop markets worldwide for the products of the state's	4235
natural resources and agricultural and manufacturing industries;	4236

(4) Maintain a high standard of living for the people of the	4237
state.	4238

(B) The ~~industrial technology and enterprise advisory council~~	4239
commission shall do ~~all~~both of the following:	4240

(1) Make recommendations to the director of development as to	4241
applications for assistance pursuant to sections 122.28 and 122.30	4242
to 122.36 of the Revised Code. The ~~council~~commission may revise	4243
its recommendations to reflect any changes in the proposed	4244
assistance made by the director.	4245

(2) Advise the director in the administration of sections	4246
122.28 and 122.30 to 122.36 of the Revised Code;	4247

~~(3) Adopt bylaws to govern the conduct of the council's~~	4248
~~business~~.	4249

(C) The director of development shall do all of the	4250
following:	4251

(1) Receive applications for assistance under sections 122.28	4252
and 122.30 to 122.36 of the Revised Code and, after processing,	4253
forward them to the ~~council~~commission together with necessary	4254
supporting information;	4255

(2) Receive the recommendations of the ~~council~~commission and	4256
make a final determination whether to approve the application for	4257
assistance;	4258

(3) Transmit determinations to approve assistance exceeding	4259
forty thousand dollars to the controlling board, together with any	4260
information the controlling board requires, for the board's review	4261
and decision as to whether to approve the assistance;	4262

(4) Gather and disseminate information and conduct hearings,	4263
conferences, seminars, investigations, and special studies on	4264
problems and programs concerning industrial research and new	4265
technology and their commercial applications in the state;	4266

(5) Establish an annual program to recognize the	4267
accomplishments and contributions of individuals and organizations	4268
in the development of industrial research and new technology in	4269
the state;	4270

(6) Stimulate both public and industrial awareness and	4271
interest in industrial research and development of new technology	4272
primarily in the areas of industrial processes, implementation,	4273
energy, agribusiness, medical technology, avionics, and food	4274
processing;	4275

(7) Develop and implement comprehensive and coordinated	4276
policies, programs, and procedures promoting industrial research	4277
and new technology;	4278

(8) Propose appropriate legislation or executive actions to	4279
stimulate the development of industrial research and new	4280
technology by enterprises and individuals;	4281

(9) Encourage and facilitate contracts between industry,	4282
agriculture, educational institutions, federal agencies, and state	4283
agencies, with special emphasis on industrial research and new	4284
technology by small businesses and agribusiness;	4285

(10) Participate with any state agency in developing specific	4286
programs and goals to assist in the development of industrial	4287
research and new technology and monitor performance;	4288

(11) Assist enterprises in obtaining alternative forms of	4289
governmental or commercial financing for industrial research and	4290
new technology;	4291

(12) Assist enterprises or individuals in the implementation	4292
of new programs and policies and the expansion of existing	4293
programs to provide an atmosphere conducive to increased	4294
cooperation among and participation by individuals, enterprises,	4295
and educational institutions engaged in industrial research and	4296
the development of new technology;	4297

(13) Advertise, prepare, print, and distribute books, maps,	4298
pamphlets, and other information which in the judgment of the	4299
director will further its purposes;	4300

(14) Include in the director's annual report to the governor	4301
and the general assembly a report on the activities for the	4302
preceding calendar year under sections 122.28 and 122.30 to 122.36	4303
of the Revised Code;	4304

(15) Approve the expenditure of money appropriated by the	4305
general assembly for the purpose of sections 122.28 and 122.30 to	4306
122.36 of the Revised Code;	4307

(16) Identify and implement federal research and development	4308
programs which would link Ohio's industrial base, research	4309
facilities, and natural resources;	4310

(17) Employ and fix the compensation of technical and	4311
professional personnel, who shall be in the unclassified civil	4312
service, and employ other personnel, who shall be in the	4313
classified civil service, as necessary to carry out the provisions	4314
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	4315

Sec. 122.31. All expenses and obligations incurred by the	4316
director of development and the ~~industrial technology and~~	4317
~~enterprise advisory council~~third frontier commission in carrying	4318
out their powers and in exercising their duties under sections	4319
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	4320
revenues or other receipts or income from grants, gifts,	4321
contributions, compensation, reimbursement, and funds established	4322
in accordance with those sections or general revenue funds	4323
appropriated by the general assembly for operating expenses of the	4324
director or ~~council~~commission.	4325

Sec. 122.32. The director of development, on behalf of the	4326
programs authorized pursuant to sections 122.28 and 122.30 to	4327
122.36 of the Revised Code, may receive and accept grants, gifts,	4328
and contributions of money, property, labor, and other things of	4329
value to be held, used, and applied only for the purpose for which	4330
the grants, gifts, and contributions are made, from individuals,	4331
private and public corporations, from the United States or any	4332
agency of the United States, and from any political subdivision of	4333
the state. The director may agree to repay any contribution of	4334
money or to return any property contributed or its value at times,	4335
in amounts, and on terms and conditions excluding the payment of	4336
interest as the director determines at the time the contribution	4337
is made. The director may evidence the obligation by written	4338
contracts, subject to section 122.31 of the Revised Code, provided	4339
that the director shall not thereby incur indebtedness of or	4340
impose liability upon the state or any political subdivision.	4341

Sec. 122.33. The director of development shall administer	4342
the following programs:	4343

(A) The industrial technology and enterprise development	4344
grant program, to provide capital to acquire, construct, enlarge,	4345
improve, or equip and to sell, lease, exchange, and otherwise	4346
dispose of property, structures, equipment, and facilities within	4347
the state.	4348

Such funding may be made to enterprises that propose to	4349
develop new products or technologies when the director finds all	4350
of the following factors to be present:	4351

(1) The undertaking will benefit the people of the state by	4352
creating or preserving jobs and employment opportunities or	4353
improving the economic welfare of the people of the state, and	4354
promoting the development of new technology.	4355

(2) There is reasonable assurance that the potential	4356
royalties to be derived from the sale of the product or process	4357
described in the proposal will be sufficient to repay the funding	4358
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	4359
Code and that, in making the agreement, as it relates to patents,	4360
copyrights, and other ownership rights, there is reasonable	4361
assurance that the resulting new technology will be utilized to	4362
the maximum extent possible in facilities located in Ohio.	4363

(3) The technology and research to be undertaken will allow	4364
enterprises to compete more effectively in the marketplace. Grants	4365
of capital may be in such form and conditioned upon such terms as	4366
the ~~board~~director deems appropriate.	4367

(B) The industrial technology and enterprise resources	4368
program to provide for the collection, dissemination, and exchange	4369
of information regarding equipment, facilities, and business	4370
planning consultation resources available in business, industry,	4371
and educational institutions and to establish methods by which	4372
small businesses may use available facilities and resources. The	4373
methods may include, but need not be limited to, leases	4374
reimbursing the educational institutions for their actual costs	4375
incurred in maintaining the facilities and agreements assigning	4376
royalties from development of successful products or processes	4377
through the use of the facilities and resources. The director	4378
shall operate this program in conjunction with the board of	4379
regents.	4380

(C) The Thomas Alva Edison grant program to provide grants to	4381
foster research, development, or technology transfer efforts	4382
involving enterprises and educational institutions that will lead	4383
to the creation of jobs.	4384

(1) Grants may be made to a nonprofit organization or a	4385
public or private educational institution, department, college,	4386
institute, faculty member, or other administrative subdivision or	4387
related entity of an educational institution when the director	4388
finds that the undertaking will benefit the people of the state by	4389
supporting research in advanced technology areas likely to improve	4390
the economic welfare of the people of the state through promoting	4391
the development of new commercial technology.	4392

(2) Grants may be made in a form and conditioned upon terms	4393
as the director considers appropriate.	4394

(3) Grants made under this program shall in all instances be	4395
in conjunction with a contribution to the project by a cooperating	4396
enterprise which maintains or proposes to maintain a relevant	4397
research, development, or manufacturing facility in the state, by	4398
a nonprofit organization, or by an educational institution or	4399
related entity; however, funding provided by an educational	4400
institution or related entity shall not be from general revenue	4401
funds appropriated by the Ohio general assembly. No grant made	4402
under this program shall exceed the contribution made by the	4403
cooperating enterprise, nonprofit organization, or educational	4404
institution or related entity. The director may consider	4405
cooperating contributions in the form of state of the art new	4406
equipment or in other forms provided the director determines that	4407
the contribution is essential to the successful implementation of	4408
the project. The director may adopt rules or guidelines for the	4409
valuation of contributions of equipment or other property.	4410

(4) The director may determine fields of research from which	4411
grant applications will be accepted under this program.	4412

Sec. 122.34. The exercise of the powers granted by sections	4413
122.28 and 122.30 to 122.36 of the Revised Code will be in all	4414
respects for the benefit of the people of the state, for the	4415
improvement of commerce and prosperity, improvement of employment	4416
conditions, and will constitute the performance of essential	4417
governmental functions.	4418

Sec. 122.35. All moneys received under sections 122.28 and	4419
122.30 to 122.36 of the Revised Code are trust funds to be held	4420
and applied solely as provided in those sections and section	4421
166.03 of the Revised Code. All moneys, except when deposited with	4422
the treasurer of the state, shall be kept and secured in	4423
depositories as selected by the director of development in the	4424
manner provided in sections 135.01 to 135.21 of the Revised Code,	4425
insofar as those sections are applicable. All moneys held by the	4426
director in trust to carry out the purposes of sections 122.28 and	4427
122.30 to 122.36 of the Revised Code shall be used as provided in	4428
sections 122.28 and 122.30 to 122.36 of the Revised Code and at no	4429
time be part of other public funds.	4430

Sec. 122.36. Any materials or data submitted to, made	4431
available to, or received by the director of development, the	4432
~~industrial technology and enterprise advisory council~~third	4433
frontier commission, or the controlling board, to the extent that	4434
the material or data consist of trade secrets, as defined in	4435
section 1333.61 of the Revised Code, or commercial or financial	4436
information, regarding projects are not public records for the	4437
purposes of section 149.43 of the Revised Code.	4438

Sec. 122.85. (A) As used in this section and in sections	4439
5726.55, 5733.59 ~~and~~, 5747.66, and 5751.54 of the Revised Code:	4440

(1) "Tax credit-eligible production" means a motion picture	4441
production certified by the director of development services under	4442
division (B) of this section as qualifying the motion picture	4443
company for a tax credit under section 5726.55, 5733.59 or,	4444
5747.66, or 5751.54 of the Revised Code.	4445

(2) "Certificate owner" means a motion picture company to	4446
which a tax credit certificate is issued.	4447

(3) "Motion picture company" means an individual,	4448
corporation, partnership, limited liability company, or other form	4449
of business association producing a motion picture.	4450

(4) "Eligible production expenditures" means expenditures	4451
made after June 30, 2009, for goods or services purchased and	4452
consumed in this state by a motion picture company directly for	4453
the production of a tax credit-eligible production.	4454

"Eligible production expenditures" includes, but is not	4455
limited to, expenditures for resident and nonresident cast and	4456
crew wages, accommodations, costs of set construction and	4457
operations, editing and related services, photography, sound	4458
synchronization, lighting, wardrobe, makeup and accessories, film	4459
processing, transfer, sound mixing, special and visual effects,	4460
music, location fees, and the purchase or rental of facilities and	4461
equipment.	4462

(5) "Motion picture" means entertainment content created in	4463
whole or in part within this state for distribution or exhibition	4464
to the general public, including, but not limited to,	4465
feature-length films; documentaries; long-form, specials,	4466
miniseries, series, and interstitial television programming;	4467
interactive web sites; sound recordings; videos; music videos;	4468
interactive television; interactive games; ~~videogames~~video games;	4469
commercials; any format of digital media; and any trailer, pilot,	4470
video teaser, or demo created primarily to stimulate the sale,	4471
marketing, promotion, or exploitation of future investment in	4472
either a product or a motion picture by any means and media in any	4473
digital media format, film, or videotape, provided the motion	4474
picture qualifies as a motion picture. "Motion picture" does not	4475
include any television program created primarily as news, weather,	4476
or financial market reports, a production featuring current events	4477
or sporting events, an awards show or other gala event, a	4478
production whose sole purpose is fundraising, a long-form	4479
production that primarily markets a product or service or in-house	4480
corporate advertising or other similar productions, a production	4481
for purposes of political advocacy, or any production for which	4482
records are required to be maintained under 18 U.S.C. 2257 with	4483
respect to sexually explicit content.	4484

(B) For the purpose of encouraging and developing a strong	4485
film industry in this state, the director of development services	4486
may certify a motion picture produced by a motion picture company	4487
as a tax credit-eligible production. In the case of a television	4488
series, the director may certify the production of each episode of	4489
the series as a separate tax credit-eligible production. A motion	4490
picture company shall apply for certification of a motion picture	4491
as a tax credit-eligible production on a form and in the manner	4492
prescribed by the director. Each application shall include the	4493
following information:	4494

(1) The name and telephone number of the motion picture	4495
production company;	4496

(2) The name and telephone number of the company's contact	4497
person;	4498

(3) A list of the first preproduction date through the last	4499
production date in Ohio;	4500

(4) The Ohio production office address and telephone number;

4501

(5) The total production budget of the motion picture;

4502

(6) The total budgeted eligible production expenditures and	4503
the percentage that amount is of the total production budget of	4504
the motion picture;	4505

(7) The total percentage of the motion picture being shot in	4506
Ohio;	4507

(8) The level of employment of cast and crew who reside in	4508
Ohio;	4509

(9) A synopsis of the script;

4510

(10) The shooting script;

4511

(11) A creative elements list that includes the names of the	4512
principal cast and crew and the producer and director;	4513

(12) Documentation of financial ability to undertake and	4514
complete the motion picture;	4515

(13) Estimated value of the tax credit based upon total	4516
budgeted eligible production expenditures;	4517

(14) Any other information considered necessary by the	4518
director.	4519

Within ninety days after certification of a motion picture as	4520
a tax credit-eligible production, and any time thereafter upon the	4521
~~director's~~director of development services' request, the motion	4522
picture company shall present to the director ~~of development~~	4523
sufficient evidence of reviewable progress. If the motion picture	4524
company fails to present sufficient evidence, the director of	4525
~~development~~ may rescind the certification. Upon rescission, the	4526
director shall notify the applicant that the certification has	4527
been rescinded. Nothing in this section prohibits an applicant	4528
whose tax credit-eligible production certification has been	4529
rescinded from submitting a subsequent application for	4530
certification.	4531

(C)(1) A motion picture company whose motion picture has been	4532
certified as a tax credit-eligible production may apply to the	4533
director of development services on or after July 1, 2009, for a	4534
refundable credit against the tax imposed by section 5726.02,	4535
5733.06 or, 5747.02, or 5751.02 of the Revised Code. The director	4536
in consultation with the tax commissioner shall prescribe the form	4537
and manner of the application and the information or documentation	4538
required to be submitted with the application.	4539

The credit is determined as follows:

4540

(a) If the total budgeted eligible production expenditures	4541
stated in the application submitted under division (B) of this	4542
section or the actual eligible production expenditures as finally	4543
determined under division (D) of this section, whichever is least,	4544
is less than or equal to three hundred thousand dollars, no credit	4545
is allowed;	4546

(b) If the total budgeted eligible production expenditures	4547
stated in the application submitted under division (B) of this	4548
section or the actual eligible production expenditures as finally	4549
determined under division (D) of this section, whichever is least,	4550
is greater than three hundred thousand dollars, the credit equals	4551
the sum of the following, subject to the limitation in division	4552
(C)(4) of this section:	4553

(i) Twenty-five per cent of the least of such budgeted or	4554
actual eligible expenditure amounts excluding budgeted or actual	4555
eligible expenditures for resident cast and crew wages;	4556

(ii) Thirty-five per cent of budgeted or actual eligible	4557
expenditures for resident cast and crew wages.	4558

(2) Except as provided in division (C)(4) of this section, if	4559
the director of development services approves a motion picture	4560
company's application for a credit, the director shall issue a tax	4561
credit certificate to the company. The director in consultation	4562
with the tax commissioner shall prescribe the form and manner of	4563
issuing certificates. The director shall assign a unique	4564
identifying number to each tax credit certificate and shall record	4565
the certificate in a register devised and maintained by the	4566
director for that purpose. The certificate shall state the amount	4567
of the eligible production expenditures on which the credit is	4568
based and the amount of the credit. Upon the issuance of a	4569
certificate, the director shall certify to the tax commissioner	4570
the name of the applicant, the amount of eligible production	4571
expenditures shown on the certificate, and any other information	4572
required by the rules adopted to administer this section.	4573

(3) The amount of eligible production expenditures for which	4574
a tax credit may be claimed is subject to inspection and	4575
examination by the tax commissioner or employees of the	4576
commissioner under section 5703.19 of the Revised Code and any	4577
other applicable law. Once the eligible production expenditures	4578
are finally determined under section 5703.19 of the Revised Code	4579
and division (D) of this section, the credit amount is not subject	4580
to adjustment unless the director determines an error was	4581
committed in the computation of the credit amount.	4582

(4) No tax credit certificate may be issued before the	4583
completion of the tax credit-eligible production. For the fiscal	4584
biennium beginning July 1, 2009, and ending June 30, 2011, not	4585
more than thirty million dollars of tax credit may be allowed, of	4586
which not more than ten million dollars of tax credit may be	4587
allowed in the first year of the biennium. In succeeding fiscal	4588
biennia, not more than twenty million dollars of tax credit may be	4589
allowed per fiscal biennium, and not more than ten million dollars	4590
may be allowed in the first year of the biennium. At any time, not	4591
more than five million dollars of tax credit may be allowed per	4592
tax credit-eligible production.	4593

(D) A motion picture company whose motion picture has been	4594
certified as a tax credit-eligible production shall engage, at the	4595
company's expense, an independent certified public accountant to	4596
examine the company's production expenditures to identify the	4597
expenditures that qualify as eligible production expenditures. The	4598
certified public accountant shall issue a report to the company	4599
and to the director of development services certifying the	4600
company's eligible production expenditures and any other	4601
information required by the director. Upon receiving and examining	4602
the report, the director may disallow any expenditure the director	4603
determines is not an eligible production expenditure. If the	4604
director disallows an expenditure, the director shall issue a	4605
written notice to the motion picture production company stating	4606
that the expenditure is disallowed and the reason for the	4607
disallowance. Upon examination of the report and disallowance of	4608
any expenditures, the director shall determine finally the lesser	4609
of the total budgeted eligible production expenditures stated in	4610
the application submitted under division (B) of this section or	4611
the actual eligible production expenditures for the purpose of	4612
computing the amount of the credit.	4613

(E) No credit shall be allowed under section 5726.55, 5733.59	4614
or, 5747.66, or 5751.54 of the Revised Code unless the director	4615
has reviewed the report and made the determination prescribed by	4616
division (D) of this section.	4617

(F) This state reserves the right to refuse the use of this	4618
state's name in the credits of any tax credit-eligible motion	4619
picture production.	4620

(G)(1) The director of development services in consultation	4621
with the tax commissioner shall adopt rules for the administration	4622
of this section, including rules setting forth and governing the	4623
criteria for determining whether a motion picture production is a	4624
tax credit-eligible production; activities that constitute the	4625
production of a motion picture; reporting sufficient evidence of	4626
reviewable progress; expenditures that qualify as eligible	4627
production expenditures; a competitive process for approving	4628
credits; and consideration of geographic distribution of credits.	4629
The rules shall be adopted under Chapter 119. of the Revised Code.	4630

(2) The director may require a reasonable application fee to	4631
cover administrative costs of the tax credit program. The fees	4632
collected shall be credited to the motion picture tax credit	4633
program operating fund, which is hereby created in the state	4634
treasury. The motion picture tax credit program operating fund	4635
shall consist of all grants, gifts, fees, and contributions made	4636
to the director ~~of development~~ for marketing and promotion of the	4637
motion picture industry within this state. The director of	4638
~~development~~ shall use money in the fund to pay expenses related to	4639
the administration of the Ohio film office and the credit	4640
authorized by this section and sections 5726.55., 5733.59 ~~and~~,	4641
5747.66, and 5751.54 of the Revised Code.	4642

(H) A certificate owner may not apply the same tax credit	4643
certificate against more than one of the taxes against which the	4644
credit authorized by this section may be claimed.	4645

Sec. 123.01. (A) The department of administrative services,	4646
in addition to those powers enumerated in Chapters 124. and 125.	4647
of the Revised Code and provided elsewhere by law, shall exercise	4648
the following powers:	4649

(1) ~~To prepare, or contract to be prepared, by licensed~~	4650
~~engineers or architects, surveys, general and detailed plans,~~	4651
~~specifications, bills of materials, and estimates of cost for any~~	4652
~~projects, improvements, or public buildings to be constructed by~~	4653
~~state agencies that may be authorized by legislative~~	4654
~~appropriations or any other funds made available therefor,~~	4655
~~provided that the construction of the projects, improvements, or~~	4656
~~public buildings is a statutory duty of the department. This~~	4657
~~section does not require the independent employment of an~~	4658
~~architect or engineer as provided by section 153.01 of the Revised~~	4659
~~Code in the cases to which that section applies nor affect or~~	4660
~~alter the existing powers of the director of transportation.~~	4661

~~(2) To have general supervision over the construction of any~~	4662
~~projects, improvements, or public buildings constructed for a~~	4663
~~state agency and over the inspection of materials previous to~~	4664
~~their incorporation into those projects, improvements, or~~	4665
~~buildings;~~	4666

~~(3) To make contracts for and supervise the construction of~~	4667
~~any projects and improvements or the construction and repair of~~	4668
~~buildings under the control of a state agency, except contracts~~	4669
~~for the repair of buildings under the management and control of~~	4670
~~the departments of public safety, job and family services, mental~~	4671
~~health, developmental disabilities, rehabilitation and correction,~~	4672
~~and youth services, the bureau of workers' compensation, the~~	4673
~~rehabilitation services commission, and boards of trustees of~~	4674
~~educational and benevolent institutions and except contracts for~~	4675
~~the construction of projects that do not require the issuance of a~~	4676
~~building permit or the issuance of a certificate of occupancy and~~	4677
~~that are necessary to remediate conditions at a hazardous waste~~	4678
~~facility, solid waste facility, or other location at which the~~	4679
~~director of environmental protection has reason to believe there~~	4680
~~is a substantial threat to public health or safety or the~~	4681
~~environment. These contracts shall be made and entered into by the~~	4682
~~directors of public safety, job and family services, mental~~	4683
~~health, developmental disabilities, rehabilitation and correction,~~	4684
~~and youth services, the administrator of workers' compensation,~~	4685
~~the rehabilitation services commission, the boards of trustees of~~	4686
~~such institutions, and the director of environmental protection,~~	4687
~~respectively. All such contracts may be in whole or in part on~~	4688
~~unit price basis of maximum estimated cost, with payment computed~~	4689
~~and made upon actual quantities or units.~~	4690

~~(4)~~ To prepare and suggest comprehensive plans for the	4691
development of grounds and buildings under the control of a state	4692
agency;	4693

~~(5)~~(2) To acquire, by purchase, gift, devise, lease, or	4694
grant, all real estate required by a state agency, in the exercise	4695
of which power the department may exercise the power of eminent	4696
domain, in the manner provided by sections 163.01 to 163.22 of the	4697
Revised Code;	4698

~~(6) To make and provide all plans, specifications, and models~~	4699
~~for the construction and perfection of all systems of sewerage,~~	4700
~~drainage, and plumbing for the state in connection with buildings~~	4701
~~and grounds under the control of a state agency;~~	4702

~~(7)~~(3) To erect, supervise, and maintain all public monuments	4703
and memorials erected by the state, except where the supervision	4704
and maintenance is otherwise provided by law;	4705

~~(8)~~(4) To procure, by lease, storage accommodations for a	4706
state agency;	4707

~~(9)~~(5) To lease or grant easements or licenses for	4708
unproductive and unused lands or other property under the control	4709
of a state agency. Such leases, easements, or licenses ~~shall~~may	4710
be granted to any person or entity, shall be for a period not to	4711
exceed fifteen years, and shall be executed for the state by the	4712
director of administrative services ~~and the governor and shall be~~	4713
~~approved as to form by the attorney general, provided that leases,~~	4714
~~easements, or licenses may be granted to any county, township,~~	4715
~~municipal corporation, port authority, water or sewer district,~~	4716
~~school district, library district, health district, park district,~~	4717
~~soil and water conservation district, conservancy district, or~~	4718
~~other political subdivision or taxing district, or any agency of~~	4719
~~the United States government, for the exclusive use of that~~	4720
~~agency, political subdivision, or taxing district, without any~~	4721
~~right of sublease or assignment, for a period not to exceed~~	4722
~~fifteen years, and~~or the director's designee, provided that the	4723
director or the director's designee shall grant leases, easements,	4724
or licenses of university land for periods not to exceed	4725
twenty-five years for purposes approved by the respective	4726
university's board of trustees wherein the uses are compatible	4727
with the uses and needs of the university and may grant leases of	4728
university land for periods not to exceed forty years for purposes	4729
approved by the respective university's board of trustees pursuant	4730
to section ~~123.77~~123.17 of the Revised Code.	4731

~~(10)~~(6) To lease space for the use of a state agency;

4732

~~(11)~~(7) To have general supervision and care of the	4733
storerooms, offices, and buildings leased for the use of a state	4734
agency;	4735

~~(12)~~(8) To exercise general custodial care of all real	4736
property of the state;, including the sale and conveyance of real	4737
estate not needed by the state. Conveyances of real estate shall	4738
be approved by the controlling board in accordance with section	4739
127.27 of the Revised Code.	4740

~~(13)~~(9) To assign and group together state offices in any	4741
city in the state and to establish, in cooperation with the state	4742
agencies involved, rules governing space requirements for office	4743
or storage use;	4744

~~(14)~~(10)(a) To lease, pursuant to a lease-purchase agreement,	4745
property of any person or political subdivision located in this	4746
state for a period not to exceed forty years~~, pursuant to a~~	4747
~~contract~~for the purpose of providing for the construction ~~thereof~~	4748
~~under a lease-purchase plan,~~of buildings, structures, and other	4749
improvements for any public purpose~~, and, in conjunction~~	4750
~~therewith, to grant leases, easements, or licenses for lands under~~	4751
~~the control of a state agency for a period not to exceed forty~~	4752
~~years~~or private use for the benefit of the state. The	4753
lease-purchase ~~plan~~agreement shall provide that at the end of	4754
the lease period, the buildings, structures, and related	4755
improvements, together with the land on which they are situated,	4756
~~shall~~ become the property of the state without cost.	4757

~~(a) Whenever any building, structure, or other improvement is~~	4758
~~to be so leased by a state agency, the department shall retain~~	4759
~~either basic plans, specifications, bills of materials, and~~	4760
~~estimates of cost with sufficient detail to afford bidders all~~	4761
~~needed information or, alternatively, all of the following plans,~~	4762
~~details, bills of materials, and specifications:~~	4763

~~(i) Full and accurate plans suitable for the use of mechanics~~	4764
~~and other builders in the improvement;~~	4765

~~(ii) Details to scale and full sized, so drawn and~~	4766
~~represented as to be easily understood;~~	4767

~~(iii) Accurate bills showing the exact quantity of different~~	4768
~~kinds of material necessary to the construction;~~	4769

~~(iv) Definite and complete specifications of the work to be~~	4770
~~performed, together with such directions as will enable a~~	4771
~~competent mechanic or other builder to carry them out and afford~~	4772
~~bidders all needed information;~~	4773

~~(v) A full and accurate estimate of each item of expense and~~	4774
~~of the aggregate cost thereof.~~	4775

~~(b) The department shall give public notice, in such~~	4776
~~newspaper, in such form, and with such phraseology as the director~~	4777
~~of administrative services prescribes, published once each week~~	4778
~~for four consecutive weeks, of the time when and place where bids~~	4779
~~will be received for entering into an agreement to lease to a~~	4780
~~state agency a building, structure, or other improvement. The last~~	4781
~~publication shall be at least eight days preceding the day for~~	4782
~~opening the bids. The bids shall contain the terms upon which the~~	4783
~~builder would propose to lease the building, structure, or other~~	4784
~~improvement to the state agency. The form of the bid approved by~~	4785
~~the department shall be used, and a bid is invalid and shall not~~	4786
~~be considered unless that form is used without change, alteration,~~	4787
~~or addition. Before submitting bids pursuant to this section, any~~	4788
~~builder shall comply with Chapter 153. of the Revised Code.~~	4789

~~(c) On the day and at the place named for receiving bids for~~	4790
~~entering into lease agreements with a state agency, the director~~	4791
~~of administrative services shall open the bids and shall publicly~~	4792
~~proceed immediately to tabulate the bids upon duplicate sheets. No~~	4793
~~lease agreement shall be entered into until the bureau of workers'~~	4794
~~compensation has certified that the person to be awarded the lease~~	4795
~~agreement has complied with Chapter 4123. of the Revised Code,~~	4796
~~until, if the builder submitting the lowest and best bid is a~~	4797
~~foreign corporation, the secretary of state has certified that the~~	4798
~~corporation is authorized to do business in this state, until, if~~	4799
~~the builder submitting the lowest and best bid is a person~~	4800
~~nonresident of this state, the person has filed with the secretary~~	4801
~~of state a power of attorney designating the secretary of state as~~	4802
~~its agent for the purpose of accepting service of summons in any~~	4803
~~action brought under Chapter 4123. of the Revised Code, and until~~	4804
~~the agreement is submitted to the attorney general and the~~	4805
~~attorney general's approval is certified thereon. Within thirty~~	4806
~~days after the day on which the bids are received, the department~~	4807
~~shall investigate the bids received and shall determine that the~~	4808
~~bureau and the secretary of state have made the certifications~~	4809
~~required by this section of the builder who has submitted the~~	4810
~~lowest and best bid. Within ten days of the completion of the~~	4811
~~investigation of the bids, the department shall award the lease~~	4812
~~agreement to the builder who has submitted the lowest and best bid~~	4813
~~and who has been certified by the bureau and secretary of state as~~	4814
~~required by this section. If bidding for the lease agreement has~~	4815
~~been conducted upon the basis of basic plans, specifications,~~	4816
~~bills of materials, and estimates of costs, upon the award to the~~	4817
~~builder the department, or the builder with the approval of the~~	4818
~~department, shall appoint an architect or engineer licensed in~~	4819
~~this state to prepare such further detailed plans, specifications,~~	4820
~~and bills of materials as are required to construct the building,~~	4821
~~structure, or improvement. The department shall adopt such rules~~	4822
~~as are necessary to give effect to this section. The department~~	4823
~~may reject any bid. Where there is reason to believe there is~~	4824
~~collusion or combination among bidders, the bids of those~~	4825
~~concerned therein shall be rejected.~~	4826

~~(15)~~(b) To lease, pursuant to a lease-leaseback agreement,	4827
real property of the state to any person or a political	4828
subdivision located in this state for a period not to exceed forty	4829
years. If the department enters into such an agreement, the	4830
agreement shall require the following:	4831

(i) That the person or subdivision, for any public purpose or	4832
private use for the benefit of the state, construct buildings or	4833
structures, or make alterations, renovations, repairs, expansions,	4834
or other improvements, on the property as it exists on the date	4835
the agreement is entered into;	4836

(ii) That the person or subdivision lease to the state,	4837
during the agreement period, space the department deems necessary	4838
in any building, structure, or other similar improvement on the	4839
property;	4840

(iii) That at the end of the lease period, the buildings,	4841
structures, and related improvements, become property of the state	4842
without cost.	4843

(c)(i) Any person or political subdivision entering into a	4844
lease-purchase or lease-leaseback agreement under division	4845
(A)(10)(a) or (b) of this section shall provide plans satisfactory	4846
to the department that detail the nature and cost, including	4847
financing costs, of the improvements described under division	4848
(A)(10)(a) or (b)(i) of this section, as applicable.	4849

(ii) In conjunction with entering into a lease-purchase or	4850
lease-leaseback agreement, the state may grant leases, easements,	4851
or licenses for lands under the control of a state agency for a	4852
period not to exceed forty years.	4853

(11) To acquire by purchase, gift, devise, or grant and to	4854
transfer, lease, or otherwise dispose of all real property	4855
required to assist in the development of a conversion facility as	4856
defined in section 5709.30 of the Revised Code as that section	4857
existed before its repeal by Amended Substitute House Bill 95 of	4858
the 125th general assembly;	4859

~~(16)~~(12) To lease for a period not to exceed forty years,	4860
notwithstanding any other division of this section, the	4861
state-owned property located at 408-450 East Town Street,	4862
Columbus, Ohio, formerly the state school for the deaf, to a	4863
developer in accordance with this section. "Developer," as used in	4864
this section, has the same meaning as in section 123.77 of the	4865
Revised Code.	4866

Such a lease shall be for the purpose of development of the	4867
land for use by senior citizens by constructing, altering,	4868
renovating, repairing, expanding, and improving the site as it	4869
existed on June 25, 1982. A developer desiring to lease the land	4870
shall prepare for submission to the department a plan for	4871
development. Plans shall include provisions for roads, sewers,	4872
water lines, waste disposal, water supply, and similar matters to	4873
meet the requirements of state and local laws. The plans shall	4874
also include provision for protection of the property by insurance	4875
or otherwise, and plans for financing the development, and shall	4876
set forth details of the developer's financial responsibility.	4877

The department may employ, as employees or consultants,	4878
persons needed to assist in reviewing the development plans. Those	4879
persons may include attorneys, financial experts, engineers, and	4880
other necessary experts. The department shall review the	4881
development plans and may enter into a lease if it finds all of	4882
the following:	4883

(a) The best interests of the state will be promoted by	4884
entering into a lease with the developer;	4885

(b) The development plans are satisfactory;

4886

(c) The developer has established the developer's financial	4887
responsibility and satisfactory plans for financing the	4888
development.	4889

The lease shall contain a provision that construction or	4890
renovation of the buildings, roads, structures, and other	4891
necessary facilities shall begin within one year after the date of	4892
the lease and shall proceed according to a schedule agreed to	4893
between the department and the developer or the lease will be	4894
terminated. The lease shall contain such conditions and	4895
stipulations as the director considers necessary to preserve the	4896
best interest of the state. Moneys received by the state pursuant	4897
to this lease shall be paid into the general revenue fund. The	4898
lease shall provide that at the end of the lease period the	4899
buildings, structures, and related improvements shall become the	4900
property of the state without cost.	4901

~~(17)~~(13) To manage the use of space owned and controlled by	4902
the department, including space in property under the jurisdiction	4903
of the Ohio building authority, by doing all of the following:	4904

(a) Biennially implementing, by state agency location, a	4905
census of agency employees assigned space;	4906

(b) Periodically in the discretion of the director of	4907
administrative services:	4908

(i) Requiring each state agency to categorize the use of	4909
space allotted to the agency between office space, common areas,	4910
storage space, and other uses, and to report its findings to the	4911
department;	4912

(ii) Creating and updating a master space utilization plan	4913
for all space allotted to state agencies. The plan shall	4914
incorporate space utilization metrics.	4915

(iii) Conducting a cost-benefit analysis to determine the	4916
effectiveness of state-owned buildings;	4917

(iv) Assessing the alternatives associated with consolidating	4918
the commercial leases for buildings located in Columbus.	4919

(c) Commissioning a comprehensive space utilization and	4920
capacity study in order to determine the feasibility of	4921
consolidating existing commercially leased space used by state	4922
agencies into a new state-owned facility.	4923

(14) To adopt rules to ensure that energy efficiency and	4924
conservation is considered in the purchase of products and	4925
equipment, except motor vehicles, by any state agency, department,	4926
division, bureau, office, unit, board, commission, authority,	4927
quasi-governmental entity, or institution. The department may	4928
require minimum energy efficiency standards for purchased products	4929
and equipment based on federal testing and labeling if available	4930
or on standards developed by the department. When possible, the	4931
rules shall apply to the competitive selection of energy consuming	4932
systems, components, and equipment under Chapter 125. of the	4933
Revised Code.	4934

(15) To ensure energy efficient and energy conserving	4935
purchasing practices by doing all of the following:	4936

(a) Identifying available energy efficiency and conservation	4937
opportunities;	4938

(b) Providing for interchange of information among purchasing	4939
agencies;	4940

(c) Identifying laws, policies, rules, and procedures that	4941
should be modified;	4942

(d) Monitoring experience with and the cost-effectiveness of	4943
this state's purchase and use of motor vehicles and of major	4944
energy-consuming systems, components, equipment, and products	4945
having a significant impact on energy consumption by the	4946
government;	4947

(e) Providing technical assistance and training to state	4948
employees involved in the purchasing process;	4949

(f) Working with the department of development to make	4950
recommendations regarding planning and implementation of	4951
purchasing policies and procedures that are supportive of energy	4952
efficiency and conservation.	4953

(16) To require all state agencies, departments, divisions,	4954
bureaus, offices, units, commissions, boards, authorities,	4955
quasi-governmental entities, institutions, and state institutions	4956
of higher education to implement procedures to ensure that all of	4957
the passenger automobiles they acquire in each fiscal year, except	4958
for those passenger automobiles acquired for use in law	4959
enforcement or emergency rescue work, achieve a fleet average fuel	4960
economy of not less than the fleet average fuel economy for that	4961
fiscal year as the department shall prescribe by rule. The	4962
department shall adopt the rule prior to the beginning of the	4963
fiscal year, in accordance with the average fuel economy standards	4964
established by federal law for passenger automobiles manufactured	4965
during the model year that begins during the fiscal year.	4966

Each state agency, department, division, bureau, office,	4967
unit, commission, board, authority, quasi-governmental entity,	4968
institution, and state institution of higher education shall	4969
determine its fleet average fuel economy by dividing the total	4970
number of passenger vehicles acquired during the fiscal year,	4971
except for those passenger vehicles acquired for use in law	4972
enforcement or emergency rescue work, by a sum of terms, each of	4973
which is a fraction created by dividing the number of passenger	4974
vehicles of a given make, model, and year, except for passenger	4975
vehicles acquired for use in law enforcement or emergency rescue	4976
work, acquired during the fiscal year by the fuel economy measured	4977
by the administrator of the United States environmental protection	4978
agency, for the given make, model, and year of vehicle, that	4979
constitutes an average fuel economy for combined city and highway	4980
driving.	4981

As used in division (A)(16) of this section, "acquired" means	4982
leased for a period of sixty continuous days or more, or	4983
purchased.	4984

(B) This section and section 125.02 of the Revised Code shall	4985
not interfere with any of the following:	4986

(1) The power of the adjutant general to purchase military	4987
supplies, or with the custody of the adjutant general of property	4988
leased, purchased, or constructed by the state and used for	4989
military purposes, or with the functions of the adjutant general	4990
as director of state armories;	4991

(2) The power of the director of transportation in acquiring	4992
rights-of-way for the state highway system, or the leasing of	4993
lands for division or resident district offices, or the leasing of	4994
lands or buildings required in the maintenance operations of the	4995
department of transportation, or the purchase of real property for	4996
garage sites or division or resident district offices, or in	4997
preparing plans and specifications for and constructing such	4998
buildings as the director may require in the administration of the	4999
department;	5000

(3) The power of the director of public safety and the	5001
registrar of motor vehicles to purchase or lease real property and	5002
buildings to be used solely as locations to which a deputy	5003
registrar is assigned pursuant to division (B) of section 4507.011	5004
of the Revised Code and from which the deputy registrar is to	5005
conduct the deputy registrar's business, the power of the director	5006
of public safety to purchase or lease real property and buildings	5007
to be used as locations for division or district offices as	5008
required in the maintenance of operations of the department of	5009
public safety, and the power of the superintendent of the state	5010
highway patrol in the purchase or leasing of real property and	5011
buildings needed by the patrol, to negotiate the sale of real	5012
property owned by the patrol, to rent or lease real property owned	5013
or leased by the patrol, and to make or cause to be made repairs	5014
to all property owned or under the control of the patrol;	5015

(4) The power of the division of liquor control in the	5016
leasing or purchasing of retail outlets and warehouse facilities	5017
for the use of the division;	5018

(5) The power of the director of development to enter into	5019
leases of real property, buildings, and office space to be used	5020
solely as locations for the state's foreign offices to carry out	5021
the purposes of section 122.05 of the Revised Code;	5022

(6) The power of the director of environmental protection to	5023
enter into environmental covenants, to grant and accept easements,	5024
or to sell property pursuant to division (G) of section 3745.01 of	5025
the Revised Code.	5026

(C) Purchases for, and the custody and repair of, buildings	5027
under the management and control of the capitol square review and	5028
advisory board, the rehabilitation services commission, the bureau	5029
of workers' compensation, or the departments of public safety, job	5030
and family services, mental health, developmental disabilities,	5031
and rehabilitation and correction; buildings of educational and	5032
benevolent institutions under the management and control of boards	5033
of trustees; and purchases or leases for, and the custody and	5034
repair of, office space used for the purposes of the joint	5035
legislative ethics committee are not subject to the control and	5036
jurisdiction of the department of administrative services.	5037

If the joint legislative ethics committee so requests, the	5038
committee and the director of administrative services may enter	5039
into a contract under which the department of administrative	5040
services agrees to perform any services requested by the committee	5041
that the department is authorized under this section to perform.	5042

(D) Any instrument by which real property is acquired	5043
pursuant to this section shall identify the agency of the state	5044
that has the use and benefit of the real property as specified in	5045
section 5301.012 of the Revised Code.	5046

~~Sec. 123.04.~~ Sec. 123.02. The director of administrative services	5047
shall be appointed superintendent of public works and shall have	5048
the care and control of the public works of the state and shall	5049
protect, maintain, and keep them in repair.	5050

Subject to the approval of the governor, the director may	5051
purchase on behalf of the state such real or personal property,	5052
rights, or privileges as are necessary, in the director's	5053
judgment, to acquire in the maintenance of the public works or	5054
their improvement.	5055

Any instrument by which the state or an agency of the state	5056
acquires real property pursuant to this section shall identify the	5057
agency of the state that has the use and benefit of the real	5058
property as specified in section 5301.012 of the Revised Code.	5059

~~Sec. 123.07.~~ Sec. 123.03. The director of administrative services	5060
may maintain an action in the name of the state for violations of	5061
any law relating to the public works for an injury to property	5062
pertaining to the public works, or for any other cause which is	5063
necessary in the performance of ~~his~~the director's duties.	5064

~~Sec. 123.09.~~ Sec. 123.04. The director of administrative services	5065
shall have supervision of the public works of the state and shall	5066
make such rules and regulations for the ~~improvement,~~ maintenance,	5067
and operation of the public works as are necessary.	5068

~~Sec. 123.10.~~ Sec. 123.05. ~~(A)~~ The director of administrative	5069
services shall regulate the rate of tolls to be collected on the	5070
public works of the state, and shall fix all rentals and collect	5071
all tolls, rents, fines, commissions, fees, and other revenues	5072
arising from any source in the public works, including the sale,	5073
~~construction,~~ purchase, or rental of property, except that the	5074
director shall not collect a commission or fee from a real estate	5075
broker or the private owner when real property is leased or rented	5076
to the state.	5077

~~(B) There is hereby created in the state treasury the state~~	5078
~~architect's fund which shall consist of money received by the~~	5079
~~department of administrative services under division (A) of this~~	5080
~~section, fees paid under section 123.17 of the Revised Code,~~	5081
~~transfers of money to the fund authorized by the general assembly,~~	5082
~~and such amount of the investment earnings of the administrative~~	5083
~~building fund created in division (F) of section 154.24 of the~~	5084
~~Revised Code as the director of budget and management determines~~	5085
~~to be appropriate and in excess of the amounts required to meet~~	5086
~~estimated federal arbitrage rebate requirements. Money in the fund~~	5087
~~shall be used by the department of administrative services for the~~	5088
~~following purposes:~~	5089

~~(1) To pay personnel and other administrative expenses of the~~	5090
~~department;~~	5091

~~(2) To pay the cost of conducting evaluations of public~~	5092
~~works;~~	5093

~~(3) To pay the cost of building design specifications;~~

5094

~~(4) To pay the cost of providing project management services;~~

5095

~~(5) To pay the cost of operating the local administration~~	5096
~~competency certification program prescribed by section 123.17 of~~	5097
~~the Revised Code;~~	5098

~~(6) Any other purposes that the director of administrative~~	5099
~~services determines to be necessary for the department to execute~~	5100
~~its duties under this chapter.~~	5101

~~Sec. 123.024.~~ Sec. 123.06. (A) The department of administrative	5102
services shall assign and make available, at state expense,	5103
suitable office space in state-owned facilities to accommodate the	5104
office operations of the state headquarters of both of the	5105
following:	5106

(1) All veterans organizations in this state that either are	5107
incorporated and issued a charter by the congress of the United	5108
States or are recognized by the United States department of	5109
veterans affairs;	5110

(2) The auxiliary organizations of veterans organizations	5111
described in division (A)(1) of this section.	5112

(B) The department may situate office space for each	5113
auxiliary organization of a veterans organization with or near the	5114
office space of that veterans organization.	5115

~~Sec. 123.11.~~ Sec. 123.07. Each state agency and any county,	5116
township, or municipal corporation owning, leasing, or controlling	5117
the operation of parking spaces for use by its employees may	5118
provide preferential parking for those vehicles used in carpools,	5119
vanpools, and buspools. The department of administrative services	5120
shall coordinate the efforts of the state agencies in providing	5121
preferential parking for such vehicles.	5122

~~Sec. 123.13.~~ Sec. 123.08. The director of administrative services	5123
shall appoint such ~~foreman~~forepersons, ~~patrolmen~~patrol officers,	5124
lock tenders, inspectors, engineers, and all other employees as	5125
are necessary for the ~~improvement,~~ maintenance, and operation of	5126
the public works. They shall be assigned to duty under the	5127
supervision of the director, under rules and regulations	5128
prescribed by ~~him~~the director. Any such employee, when deemed	5129
necessary by the director, shall give proper bond to the state,	5130
conditioned for the faithful performance of ~~his~~the employee's	5131
duties. Such bonds may, in the discretion of the director, be	5132
individual, schedule, or blanket bonds.	5133

~~Sec. 123.14.~~ Sec. 123.09. All claims against the state for the	5134
~~improvement,~~ repair, maintenance, and operation of the public	5135
works of Ohio, including salary and expenses of all employees	5136
engaged in such work, shall be paid upon the order of the director	5137
of administrative services.	5138

~~Sec. 123.15.~~ Sec. 123.10. (A) As used in this section and section	5139
~~123.21~~123.11 of the Revised Code, "public exigency" means an	5140
injury or obstruction that occurs in any public works of the state	5141
maintained by the director of administrative services and that	5142
materially impairs its immediate use or places in jeopardy	5143
property adjacent to it; an immediate danger of such an injury or	5144
obstruction; or an injury or obstruction, or an immediate danger	5145
of an injury or obstruction, that occurs ~~during the process of~~	5146
~~construction of~~in any public works of the state maintained by the	5147
director of administrative services and that materially impairs	5148
its immediate use or places in jeopardy property adjacent to it.	5149

(B) ~~The~~When a declaration of public exigency is issued	5150
pursuant to division (C) of this section, the director of	5151
administrative services may request the Ohio facilities	5152
construction commission to enter into contracts with proper	5153
persons for the performance of labor, the furnishing of materials,	5154
or the construction of any structures and buildings necessary to	5155
the maintenance, control, and management of the public works of	5156
the state or any part of those public works. ~~Except as provided~~	5157
~~in division (C) of this section for public exigencies, the~~	5158
~~director shall advertise, award, and administer those~~Any	5159
contracts ~~in accordance with the requirements~~awarded for the work	5160
performed pursuant to the declaration of a public exigency may be	5161
awarded without competitive bidding or selection as set forth in	5162
Chapter 153. of the Revised Code.	5163

(C) The director of administrative services may issue a	5164
declaration of a public exigency on the director's own initiative	5165
or upon the request of the director of any state agency. The	5166
director's declaration shall identify the specific injury,	5167
obstruction, or danger that is the subject of the declaration and	5168
shall set forth a dollar limitation for the repair, removal, or	5169
prevention of that exigency under the declaration.	5170

Before any project to repair, remove, or prevent a public	5171
exigency under the director's declaration may begin, the director	5172
shall send notice of the project, in writing, to the director of	5173
budget and management and to the members of the controlling board.	5174
That notice shall detail the project to be undertaken to address	5175
the public exigency and shall include a copy of the director's	5176
declaration that establishes the monetary limitations on that	5177
project.	5178

~~Sec. 123.21.~~ Sec. 123.11. When a public exigency, as defined in	5179
division (A) of section ~~123.15~~123.10 of the Revised Code, exists,	5180
the director of administrative services may take possession of	5181
lands and use them, or materials and other property necessary for	5182
the maintenance, protection, or repair of the public works, in	5183
accordance with sections 163.01 to 163.22 of the Revised Code.	5184

~~Sec. 123.46.~~ Sec. 123.12. No land lease or sale of state lands	5185
shall be made by the director of administrative services except	5186
upon the written approval of the governor and the attorney	5187
general.	5188

~~Sec. 123.47.~~ Sec. 123.13. Except as otherwise provided by law, the	5189
director of administrative services shall have the custody and	5190
control of the books, records, papers, surveys, maps, plats, and	5191
documents that pertain to any of the public works of this state.	5192

~~Sec. 123.48.~~ Sec. 123.14. The director of administrative services	5193
shall make an annual report to the governor containing a statement	5194
of the expenses of the public works under ~~his~~the director's	5195
supervision during the preceding year, setting forth an account of	5196
moneys expended on each of the public works during the year, and	5197
such other information and records as hethe director deems	5198
proper. Such report shall contain a statement of the moneys	5199
received from all sources and an estimate of the appropriations	5200
necessary to maintain the public works and keep them in repair.	5201
The report shall also contain a list of all persons regularly	5202
employed, together with the salary, compensation, or allowance	5203
paid each.	5204

HeThe director shall further from time to time when hethe	5205
director deems it necessary, or when called upon by the governor,	5206
to do so, make such other reports as are proper, touching on the	5207
general condition and welfare of the public works and the	5208
drainage, leaseholds, and water powers incident thereto.	5209

~~Sec. 123.49.~~ Sec. 123.15. The department of administrative	5210
services may adopt, amend, and rescind rules pertaining to lands	5211
under the supervision of the department in accordance with Chapter	5212
119. of the Revised Code.	5213

Sec. 123.152. (A) As used in this section, "EDGE business	5214
enterprise" means a sole proprietorship, association, partnership,	5215
corporation, limited liability corporation, or joint venture	5216
certified as a participant in the encouraging diversity, growth,	5217
and equity program by the director of administrative services	5218
under this section of the Revised Code.	5219

(B) The director of administrative services shall establish a	5220
business assistance program known as the encouraging diversity,	5221
growth, and equity program and shall adopt rules in accordance	5222
with Chapter 119. of the Revised Code to administer the program	5223
that do all of the following:	5224

(1) Establish procedures by which a sole proprietorship,	5225
association, partnership, corporation, limited liability	5226
corporation, or joint venture may apply for certification as an	5227
EDGE business enterprise;	5228

(2) Except as provided in division (B)(14) of this section,	5229
establish agency procurement goals for contracting with EDGE	5230
business enterprises in the award of contracts under Chapters	5231
123., 125., and 153. of the Revised Code based on the availability	5232
of eligible program participants by region or geographic area, as	5233
determined by the director, and by standard industrial code or	5234
equivalent code classification.	5235

(a) Goals established under division (B)(2) of this section	5236
shall be based on a percentage level of participation and a	5237
percentage of contractor availability.	5238

(b) Goals established under division (B)(2) of this section	5239
shall be applied at the contract level, relative to an overall	5240
dollar goal for each state agency, in accordance with the	5241
following certification categories: construction, architecture,	5242
and engineering; professional services; goods and services; and	5243
information technology services.	5244

(3) Establish a system of certifying EDGE business	5245
enterprises based on a requirement that the business owner or	5246
owners show both social and economic disadvantage based on the	5247
following, as determined to be sufficient by the director:	5248

(a) Relative wealth of the business seeking certification as	5249
well as the personal wealth of the owner or owners of the	5250
business;	5251

(b) Social disadvantage based on any of the following:

5252

(i) A rebuttable presumption when the business owner or	5253
owners demonstrate membership in a racial minority group or show	5254
personal disadvantage due to color, ethnic origin, gender,	5255
physical disability, long-term residence in an environment	5256
isolated from the mainstream of American society, location in an	5257
area of high unemployment;	5258

(ii) Some other demonstration of personal disadvantage not	5259
common to other small businesses;	5260

(iii) By business location in a qualified census tract.

5261

(c) Economic disadvantage based on economic and business size	5262
thresholds and eligibility criteria designed to stimulate economic	5263
development through contract awards to businesses located in	5264
qualified census tracts.	5265

(4) Establish standards to determine when an EDGE business	5266
enterprise no longer qualifies for EDGE business enterprise	5267
certification;	5268

(5) Develop a process for evaluating and adjusting goals	5269
established by this section to determine what adjustments are	5270
necessary to achieve participation goals established by the	5271
director;	5272

(6) Establish a point system or comparable system to evaluate	5273
bid proposals to encourage EDGE business enterprises to	5274
participate in the procurement of professional design and	5275
information technology services;	5276

(7) Establish a system to track data and analyze each	5277
certification category established under division (B)(2)(b) of	5278
this section;	5279

(8) Establish a process to mediate complaints and to review	5280
EDGE business enterprise certification appeals;	5281

(9) Implement an outreach program to educate potential	5282
participants about the encouraging diversity, growth, and equity	5283
program;	5284

(10) Establish a system to assist state agencies in	5285
identifying and utilizing EDGE business enterprises in their	5286
contracting processes;	5287

(11) Implement a system of self-reporting by EDGE business	5288
enterprises as well as an on-site inspection process to validate	5289
the qualifications of an EDGE business enterprise;	5290

(12) Establish a waiver mechanism to waive program goals or	5291
participation requirements for those companies that, despite their	5292
best-documented efforts, are unable to contract with certified	5293
EDGE business enterprises;	5294

(13) Establish a process for monitoring overall program	5295
compliance in which equal employment opportunity officers	5296
primarily are responsible for monitoring their respective	5297
agencies;	5298

(14) Establish guidelines for state universities as defined	5299
in section 3345.011 of the Revised Code and the Ohio ~~school~~	5300
facilities construction commission created in section ~~3318.30~~	5301
123.20 of the Revised Code for awarding contracts pursuant to	5302
Chapters 153., 3318., and 3345. of the Revised Code to allow the	5303
universities and commission to establish agency procurement goals	5304
for contracting with EDGE business enterprises.	5305

(C) Business and personal financial information and trade	5306
secrets submitted by encouraging diversity, growth, and equity	5307
program applicants to the director pursuant to this section are	5308
not public records for purposes of section 149.43 of the Revised	5309
Code, unless the director presents the financial information or	5310
trade secrets at a public hearing or public proceeding regarding	5311
the applicant's eligibility to participate in the program.	5312

~~Sec. 123.77.~~ Sec. 123.17. The department of administrative	5313
services may lease land belonging to or under the control or	5314
jurisdiction of a state university, not required nor to be	5315
required for use of the university, to a developer in accordance	5316
with this section. "Developer," as used in this section, means a	5317
person, partnership, association, corporation, or community	5318
improvement corporation established pursuant to Chapter 1724. of	5319
the Revised Code who or which submits a development plan to the	5320
department as provided in this section and requests the department	5321
to enter into a lease.	5322

Such a lease of university land shall be for the purpose of	5323
development of the land by establishing, constructing, altering,	5324
repairing, expanding, and improving industrial, distribution,	5325
commercial, or research facilities. A developer desiring to lease	5326
land of the university for such development shall prepare and	5327
submit to the department of administrative services and to the	5328
board of trustees of the university a plan for such development.	5329
Plans shall include provisions for roads, streets, sewers, water	5330
lines, waste disposal, water supply, and similar matters to meet	5331
the requirements of state and local laws. The plans shall also	5332
include provision for protection of the property by insurance or	5333
otherwise and plans for financing the development, and shall set	5334
forth details of the developer's financial responsibility.	5335

The department of administrative services may employ as	5336
employees or consultants, persons needed to assist it in reviewing	5337
the development plans. Such persons may include attorneys,	5338
financial experts, engineers, and other necessary experts. The	5339
department of administrative services shall review the development	5340
plans and may enter into a lease if it finds that:	5341

(A) The best interests of the university will be promoted by	5342
entering into a lease with the developer.	5343

(B) The development plans are satisfactory.

5344

(C) The developer has established ~~his~~the developer's	5345
financial responsibility and satisfactory plans for financing the	5346
development.	5347

(D) The university board of trustees approves the lease.

5348

A lease may be entered into pursuant to this section for an	5349
annual rent agreed to between the department and the developer for	5350
a maximum term of forty years and may be renewed for a like or	5351
lesser term. The lease shall contain a provision that construction	5352
of buildings, structures, roads, and other necessary facilities	5353
shall begin within one year after the date of the lease and shall	5354
proceed according to a schedule agreed to between the department	5355
and the developer or the lease will be terminated. Moneys received	5356
by the state pursuant to such leases shall be paid into the state	5357
treasury as an addition to the appropriation made to the	5358
university which has control or jurisdiction of the land or to	5359
which the land belongs.	5360

~~Sec. 123.08.~~ Sec. 123.18. The director of administrative services	5361
may administer oaths to persons required by law to file affidavits	5362
or statements in the department of administrative services and to	5363
witnesses who are examined in matters pertaining to the	5364
administration of the public works.	5365

Sec. 123.20. (A) There is hereby created the Ohio facilities	5366
construction commission. The commission shall administer the	5367
design and construction of improvements to public facilities of	5368
the state in accordance with this chapter and other provisions of	5369
the Revised Code.	5370

The commission is a body corporate and politic, an agency of	5371
state government and an instrumentality of the state, performing	5372
essential governmental functions of this state. The carrying out	5373
of the purposes and the exercise by the commission of its powers	5374
are essential public functions and public purposes of the state.	5375
The commission may, in its own name, sue and be sued, enter into	5376
contracts, and perform all the powers and duties given to it by	5377
the Revised Code, but it does not have and shall not exercise the	5378
power of eminent domain. In its discretion and as it determines	5379
appropriate, the commission may delegate to any of its members,	5380
executive director, or other employees any of the commission's	5381
powers and duties to carry out its functions.	5382

(B) The commission shall consist of three members: the	5383
director of the office of budget and management and the director	5384
of administrative services, or their designees, and a member whom	5385
the governor shall appoint.	5386

Members of the commission shall serve without compensation.

5387

Within sixty days after the effective date of this section,	5388
the commission shall meet and organize by electing voting members	5389
as the chairperson and vice-chairperson of the commission, who	5390
shall hold their offices until the next organizational meeting of	5391
the commission. Organizational meetings of the commission shall be	5392
held at the first meeting of each calendar year. At each	5393
organizational meeting, the commission shall elect from among its	5394
voting members a chairperson and vice-chairperson, who shall serve	5395
until the next annual organizational meeting. The commission shall	5396
adopt rules pursuant to section 111.15 of the Revised Code for the	5397
conduct of its internal business and shall keep a journal of its	5398
proceedings. Including the organizational meeting, the commission	5399
shall meet at least once each calendar year.	5400

Two members of the commission constitute a quorum, and the	5401
affirmative vote of two members is necessary for approval of any	5402
action taken by the commission. A vacancy in the membership of the	5403
commission does not impair a quorum from exercising all the rights	5404
and performing all the duties of the commission. Meetings of the	5405
commission may be held anywhere in the state and shall be held in	5406
compliance with section 121.22 of the Revised Code.	5407

(C) Within sixty days after the effective date of this	5408
section, the governor shall appoint a member to the commission.	5409
The initial appointment shall be for a term ending three years	5410
after the effective date of this section, with subsequent terms	5411
ending three years after they begin, on the same day of the same	5412
month as the initial term.	5413

A vacancy for the member appointed by the governor shall be	5414
filled in the same manner as provided for the original	5415
appointment. The appointed member shall hold office for the	5416
remainder of the term for which the vacancy existed. After the	5417
expiration of the term, the appointed member shall continue in	5418
office for a period of sixty days or until the appointed member's	5419
successor takes office, whichever period is shorter.	5420

(D) The commission shall file an annual report of its	5421
activities and finances with the governor, speaker of the house of	5422
representatives, president of the senate, and chairpersons of the	5423
house and senate finance committees.	5424

(E) The commission shall be exempt from the requirements of	5425
sections 101.82 to 101.87 of the Revised Code.	5426

Sec. 123.201. There is hereby created in the state treasury	5427
the Ohio facilities construction commission fund, consisting of	5428
transfers of moneys authorized by the general assembly and	5429
revenues received by the Ohio facilities construction commission	5430
under section 123.21 of the Revised Code. Investment earnings on	5431
moneys in the fund shall be credited to the fund. Moneys in the	5432
fund may be used by the commission, in performing its duties under	5433
this chapter, to pay personnel and other administrative expenses,	5434
to pay the cost of preparing building design specifications, to	5435
pay the cost of providing project management services, and for	5436
other purposes determined by the commission to be necessary to	5437
fulfill its duties under this chapter.	5438

Sec. 123.21. (A) The Ohio facilities construction commission	5439
may perform any act and ensure the performance of any function	5440
necessary or appropriate to carry out the purposes of, and	5441
exercise the powers granted under this chapter or any other	5442
provision of the Revised Code, including any of the following:	5443

(1) Prepare, or contract to be prepared, by licensed	5444
engineers or architects, surveys, general and detailed plans,	5445
specifications, bills of materials, and estimates of cost for any	5446
projects, improvements, or public buildings to be constructed by	5447
state agencies that may be authorized by legislative	5448
appropriations or any other funds made available therefor,	5449
provided that the construction of the projects, improvements, or	5450
public buildings is a statutory duty of the commission. This	5451
section does not require the independent employment of an	5452
architect or engineer as provided by section 153.01 of the Revised	5453
Code in the cases to which section 153.01 of the Revised Code	5454
applies. This section does not affect or alter the existing powers	5455
of the director of transportation.	5456

(2) Have general supervision over the construction of any	5457
projects, improvements, or public buildings constructed for a	5458
state agency and over the inspection of materials prior to their	5459
incorporation into those projects, improvements, or buildings.	5460

(3) Make contracts for and supervise the design and	5461
construction of any projects and improvements or the construction	5462
and repair of buildings under the control of a state agency. All	5463
such contracts may be based in whole or in part on the unit price	5464
or maximum estimated cost, with payment computed and made upon	5465
actual quantities or units.	5466

(4) Enter into a lease-purchase agreement pursuant to section	5467
123.25 of the Revised Code on behalf of a state agency, college,	5468
university, or instrumentality, or college preparatory boarding	5469
school.	5470

(5) Adopt, amend, and rescind rules pertaining to the	5471
administration of the construction of the public works of the	5472
state as required by law, in accordance with Chapter 119. of the	5473
Revised Code.	5474

(6) Contract with, retain the services of, or designate, and	5475
fix the compensation of, such agents, accountants, consultants,	5476
advisers, and other independent contractors as may be necessary or	5477
desirable to carry out the programs authorized under this chapter,	5478
or authorize the executive director to perform such powers and	5479
duties.	5480

(7) Receive and accept any gifts, grants, donations, and	5481
pledges, and receipts therefrom, to be used for the programs	5482
authorized under this chapter.	5483

(8) Make and enter into all contracts, commitments, and	5484
agreements, and execute all instruments, necessary or incidental	5485
to the performance of its duties and the execution of its rights	5486
and powers under this chapter, or authorize the executive director	5487
to perform such powers and duties.	5488

(9) Debar a contractor as provided in section 153.02 of the	5489
Revised Code.	5490

(B) The commission shall appoint and fix the compensation of	5491
an executive director who shall serve at the pleasure of the	5492
commission. The executive director shall exercise all powers that	5493
the commission possesses, supervise the operations of the	5494
commission, and perform such other duties as delegated by the	5495
commission. The executive director also shall employ and fix the	5496
compensation of such employees as will facilitate the activities	5497
and purposes of the commission, who shall serve at the pleasure of	5498
the executive director.	5499

(C) The attorney general shall serve as the legal	5500
representative for the commission and may appoint other counsel as	5501
necessary for that purpose in accordance with section 109.07 of	5502
the Revised Code.	5503

~~Sec. 123.011.~~ Sec. 123.22. (A) As used in this section:

5504

(1) "Construct" includes reconstruct, improve, renovate,	5505
enlarge, or otherwise alter.	5506

(2) "Energy consumption analysis" means the evaluation of all	5507
energy consuming systems, components, and equipment by demand and	5508
type of energy, including the internal energy load imposed on a	5509
facility by its occupants and the external energy load imposed by	5510
climatic conditions.	5511

(3) "Energy performance index" means a number describing the	5512
energy requirements of a facility per square foot of floor space	5513
or per cubic foot of occupied volume as appropriate under defined	5514
internal and external ambient conditions over an entire seasonal	5515
cycle.	5516

(4) "Facility" means a building or other structure, or part	5517
of a building or other structure, that includes provision for a	5518
heating, refrigeration, ventilation, cooling, lighting, hot water,	5519
or other major energy consuming system, component, or equipment.	5520

(5) "Life-cycle cost analysis" means a general approach to	5521
economic evaluation that takes into account all dollar costs	5522
related to owning, operating, maintaining, and ultimately	5523
disposing of a project over the appropriate study period.	5524

(6) "Political subdivision" means a county, township,	5525
municipal corporation, board of education of any school district,	5526
or any other body corporate and politic that is responsible for	5527
government activities in a geographic area smaller than that of	5528
the state.	5529

(7) "State funded" means funded in whole or in part through	5530
appropriation by the general assembly or through the use of any	5531
guarantee provided by this state.	5532

(8) "State institution of higher education" has the same	5533
meaning as in section 3345.011 of the Revised Code.	5534

(B) ~~There is hereby created within the department of~~	5535
~~administrative services the office of energy services. The office~~	5536
~~shall be under the supervision of a manager, who shall be~~	5537
~~appointed by the director of administrative services. The director~~	5538
~~shall assign to the office such number of employees and furnish~~	5539
~~such equipment and supplies as are necessary for the performance~~	5540
~~of the office's duties.~~	5541

The ~~office~~Ohio facilities construction commission shall	5542
develop energy efficiency and conservation programs ~~in each of the~~	5543
~~following areas:~~	5544

~~(1) New~~for new construction design and review;

5545

~~(2) Existing~~and for existing building audit and retrofit;

5546

~~(3) Energy efficient procurement;~~

5547

~~(4) Alternative fuel vehicles~~.

5548

The ~~office~~commission may accept and administer grants from	5549
public and private sources for carrying out any of its duties	5550
under this section.	5551

(C) No state agency, department, division, bureau, office,	5552
unit, board, commission, authority, quasi-governmental entity, or	5553
institution~~, including those agencies otherwise excluded from the~~	5554
~~jurisdiction of the department under division (A)(3) of section~~	5555
~~123.01 of the Revised Code,~~ shall lease, construct, or cause to be	5556
leased or constructed, within the limits prescribed in this	5557
section, a state-funded facility, without a proper life-cycle cost	5558
analysis or, in the case of a lease, an energy consumption	5559
analysis, as computed or prepared by a qualified architect or	5560
engineer in accordance with the rules required by division (D) of	5561
this section.	5562

Construction shall proceed only upon the disclosure to the	5563
office, for the facility chosen, of the life-cycle costs as	5564
determined in this section and the capitalization of the initial	5565
construction costs of the building. The results of life-cycle cost	5566
analysis shall be a primary consideration in the selection of a	5567
building design. That analysis shall be required only for	5568
construction of buildings with an area of five thousand square	5569
feet or greater. An energy consumption analysis for the term of a	5570
proposed lease shall be required only for the leasing of an area	5571
of twenty thousand square feet or greater within a given building	5572
boundary. That analysis shall be a primary consideration in the	5573
selection of a facility to be leased.	5574

Nothing in this section shall deprive or limit any state	5575
agency that has review authority over design, construction, or	5576
leasing plans from requiring a life-cycle cost analysis or energy	5577
consumption analysis.	5578

(D) For the purposes of assisting the ~~department~~commission	5579
in its responsibility for state-funded facilities pursuant to	5580
section ~~123.01~~123.21 of the Revised Code and of cost-effectively	5581
reducing the energy consumption of those and any other	5582
state-funded facilities, thereby promoting fiscal, economic, and	5583
environmental benefits to this state, the ~~office~~commission shall	5584
promulgate rules specifying cost-effective, energy efficiency and	5585
conservation standards that may govern the lease, design,	5586
construction, operation, and maintenance of all state-funded	5587
facilities, except facilities of state institutions of higher	5588
education or facilities operated by a political subdivision. The	5589
office of energy efficiency in the department of development shall	5590
cooperate in providing information and technical expertise to the	5591
office of energy services to ensure promulgation of rules of	5592
maximum effectiveness. The standards prescribed by rules	5593
promulgated under this division may draw from or incorporate, by	5594
reference or otherwise and in whole or in part, standards already	5595
developed or implemented by any competent, public or private	5596
standards organization or program. The rules also may include any	5597
of the following:	5598

(1) Specifications for a life-cycle cost analysis that shall	5599
determine, for the economic life of such state-funded facility,	5600
the reasonably expected costs of facility ownership, operation,	5601
and maintenance including labor and materials. Life-cycle cost may	5602
be expressed as an annual cost for each year of the facility's	5603
use.	5604

A life-cycle cost analysis additionally may include an energy	5605
consumption analysis that conforms to division (D)(2) of this	5606
section.	5607

(2) Specifications for an energy consumption analysis of the	5608
facility's heating, refrigeration, ventilation, cooling, lighting,	5609
hot water, and other major energy consuming systems, components,	5610
and equipment.	5611

A life-cycle cost analysis and energy consumption analysis	5612
shall be based on the best currently available methods of	5613
analysis, such as those of the national institute of standards and	5614
technology, the United States department of energy or other	5615
federal agencies, professional societies, and directions developed	5616
by the department.	5617

(3) Specifications for energy performance indices, to be used	5618
to audit and evaluate competing design proposals submitted to the	5619
state.	5620

(4) A requirement that, not later than two years after April	5621
6, 2007, each state-funded facility, except a facility of a state	5622
institution of higher education or a facility operated by a	5623
political subdivision, is managed by at least one building	5624
operator certified under the building operator certification	5625
program or any equivalent program or standards as shall be	5626
prescribed in the rules and considered reasonably equivalent.	5627

(5) An application process by which a manager of a specified	5628
state-funded facility, except a facility of a state institution of	5629
higher education or a facility operated by a political	5630
subdivision, may apply for a waiver of compliance with any	5631
provision of the rules required by divisions (D)(1) to (4) of this	5632
section.	5633

~~(E) The office of energy services shall promulgate rules to~~	5634
~~ensure that energy efficiency and conservation will be considered~~	5635
~~in the purchase of products and equipment, except motor vehicles,~~	5636
~~by any state agency, department, division, bureau, office, unit,~~	5637
~~board, commission, authority, quasi-governmental entity, or~~	5638
~~institution. Minimum energy efficiency standards for purchased~~	5639
~~products and equipment may be required, based on federal testing~~	5640
~~and labeling where available or on standards developed by the~~	5641
~~office. The rules shall apply to the competitive selection of~~	5642
~~energy consuming systems, components, and equipment under Chapter~~	5643
~~125. of the Revised Code where possible.~~	5644

~~The office also shall ensure energy efficient and energy~~	5645
~~conserving purchasing practices by doing all of the following:~~	5646

~~(1) Cooperatively with the office of energy efficiency,~~	5647
~~identifying available energy efficiency and conservation~~	5648
~~opportunities;~~	5649

~~(2) Providing for interchange of information among purchasing~~	5650
~~agencies;~~	5651

~~(3) Identifying laws, policies, rules, and procedures that~~	5652
~~need modification;~~	5653

~~(4) Monitoring experience with and the cost-effectiveness of~~	5654
~~this state's purchase and use of motor vehicles and of major~~	5655
~~energy-consuming systems, components, equipment, and products~~	5656
~~having a significant impact on energy consumption by government;~~	5657

~~(5) Cooperatively with the office of energy efficiency,~~	5658
~~providing technical assistance and training to state employees~~	5659
~~involved in the purchasing process.~~	5660

~~The department of development shall make recommendations to~~	5661
~~the office regarding planning and implementation of purchasing~~	5662
~~policies and procedures supportive of energy efficiency and~~	5663
~~conservation.~~	5664

~~(F)(1) The office of energy services shall require all state~~	5665
~~agencies, departments, divisions, bureaus, offices, units,~~	5666
~~commissions, boards, authorities, quasi-governmental entities,~~	5667
~~institutions, and state institutions of higher education to~~	5668
~~implement procedures ensuring that all their passenger automobiles~~	5669
~~acquired in each fiscal year, except for those passenger~~	5670
~~automobiles acquired for use in law enforcement or emergency~~	5671
~~rescue work, achieve a fleet average fuel economy of not less than~~	5672
~~the fleet average fuel economy for that fiscal year as shall be~~	5673
~~prescribed by the office by rule. The office shall promulgate the~~	5674
~~rule prior to the beginning of the fiscal year in accordance with~~	5675
~~the average fuel economy standards established pursuant to federal~~	5676
~~law for passenger automobiles manufactured during the model year~~	5677
~~that begins during the fiscal year.~~	5678

~~(2) Each state agency, department, division, bureau, office,~~	5679
~~unit, commission, board, authority, quasi-governmental entity,~~	5680
~~institution, and state institution of higher education shall~~	5681
~~determine its fleet average fuel economy by dividing:~~	5682

~~(a) The total number of passenger vehicles acquired during~~	5683
~~the fiscal year, except for those passenger vehicles acquired for~~	5684
~~use in law enforcement or emergency rescue work, by~~	5685

~~(b) A sum of terms, each of which is a fraction created by~~	5686
~~dividing:~~	5687

~~(i) The number of passenger vehicles of a given make, model,~~	5688
~~and year, except for passenger vehicles acquired for use in law~~	5689
~~enforcement or emergency rescue work, acquired during the fiscal~~	5690
~~year, by~~	5691

~~(ii) The fuel economy measured by the administrator of the~~	5692
~~United States environmental protection agency, for the given make,~~	5693
~~model, and year of vehicle, that constitutes an average fuel~~	5694
~~economy for combined city and highway driving.~~	5695

~~As used in division (F)(2) of this section, "acquired" means~~	5696
~~leased for a period of sixty continuous days or more, or~~	5697
~~purchased.~~	5698

~~(G)~~(E) Each state agency, department, division, bureau,	5699
office, unit, board, commission, authority, quasi-governmental	5700
entity, institution, and state institution of higher education	5701
shall comply with any applicable provision of this section or of a	5702
rule promulgated pursuant to division (D) ~~or (F)~~ of this section.	5703

Sec. 123.23. (A) As used in this section, "public exigency"	5704
means an injury or obstruction that occurs in any public works of	5705
the state that materially impairs its immediate use or places in	5706
jeopardy property adjacent to it; an immediate danger of such an	5707
injury or obstruction; or an injury or obstruction, or an	5708
immediate danger of an injury or obstruction, that occurs during	5709
the process of construction of any public works and that	5710
materially impairs its immediate use or places in jeopardy	5711
property adjacent to it.	5712

(B) When a declaration of a public exigency is issued	5713
pursuant to division (C) of this section, the executive director	5714
of the Ohio facilities construction commission may enter into	5715
contracts with proper persons for the performance of labor, the	5716
furnishing of materials, or the construction of any structures and	5717
buildings necessary to the maintenance, control, and management of	5718
the public works of the state or any part of those public works.	5719
Any contracts awarded for the work performed pursuant to the	5720
declaration of a public exigency may be awarded without	5721
competitive bidding or selection as otherwise required by Chapter	5722
153. of the Revised Code.	5723

(C) The executive director of the commission may issue a	5724
declaration of a public exigency on the executive director's own	5725
initiative, or upon the request of the director of any state	5726
agency, university, or instrumentality. The executive director's	5727
declaration shall identify the specific injury, obstruction, or	5728
danger that is the subject of the declaration and shall set forth	5729
a dollar limitation for the repair, removal, or prevention of that	5730
exigency under the declaration.	5731

Before any project to repair, remove, or prevent a public	5732
exigency under the executive director's declaration may begin, the	5733
executive director shall send notice of the project, in writing,	5734
to the director of budget and management and to the members of the	5735
controlling board. The notice shall detail the project to be	5736
undertaken to address the public exigency and shall include a copy	5737
of the director's declaration that establishes the monetary	5738
limitations on that project.	5739

~~Sec. 123.17.~~ Sec. 123.24. (A) As used in this section, "institution	5740
of higher education" means a state university or college, as	5741
defined in section 3345.12 of the Revised Code, or a state	5742
community college.	5743

(B) ~~Not later than December 30, 2005, the state architect~~The	5744
Ohio facilities construction commission shall establish a local	5745
administration competency certification program to certify	5746
institutions of higher education to administer capital facilities	5747
projects pursuant to section 3345.51 of the Revised Code without	5748
the supervision, control, or approval of the ~~department of~~	5749
~~administrative services~~commission. The program shall offer	5750
instruction in the administration of capital facilities projects	5751
for employees of institutions of higher education who are	5752
responsible for such administration and who are selected by their	5753
employing institutions to participate in the program.	5754

(C) The program shall provide instruction about the	5755
provisions of Chapters 9., 123., and 153. of the Revised Code and	5756
any rules or policies adopted by the ~~department~~commission	5757
regarding the planning, design, and construction of capital	5758
facilities, including all of the following:	5759

(1) The planning, design, and construction process;

5760

(2) Contract requirements;

5761

(3) Construction management;

5762

(4) Project management.

5763

(D) The ~~state architect~~commission shall award local	5764
administration competency certification to any institution of	5765
higher education if all of the following apply:	5766

(1) The institution applied for certification on a form and	5767
in a manner prescribed by the ~~state architect~~commission.	5768

(2) The ~~state architect~~commission determines that a	5769
sufficient number of the institution's employees, representing a	5770
sufficient number of employee classifications, responsible for the	5771
administration of capital facilities projects have successfully	5772
completed the certification program to ensure that any capital	5773
facilities project undertaken by the institution will be	5774
administered successfully and in accordance with all provisions of	5775
the Revised Code, and the board of trustees of the institution	5776
provides written assurance to the ~~state architect~~commission that	5777
the institution will select new employees to participate in the	5778
certification program as necessary to compensate for employee	5779
turnover.	5780

(3) The ~~state architect~~commission determines that the	5781
employees of the institution enrolled in the program demonstrate	5782
successful completion of the competency certification training and	5783
a satisfactory level of knowledge of and competency in the	5784
requirements for administering capital facilities projects.	5785

(4) The institution pays the fee prescribed by division (F)	5786
of this section.	5787

(5) The board of trustees of the institution provides written	5788
assurance to the ~~state architect~~commission that the institution	5789
will conduct biennial audits of the institution's administration	5790
of capital facilities projects in accordance with division (C) of	5791
section 3345.51 of the Revised Code.	5792

(6) The board of trustees of the institution agrees in	5793
writing to indemnify and hold harmless the state and the	5794
~~department~~commission for any claim of injury, loss, or damage	5795
that results from the institution's administration of a capital	5796
facilities project.	5797

(E) Local administration competency certification granted	5798
under this section shall remain in effect for as long as the ~~state~~	5799
~~architect~~commission determines that both of the following apply:	5800

(1) The institution of higher education maintains a	5801
sufficient number of employees responsible for the administration	5802
of capital facilities projects who have successfully completed the	5803
certification program and have demonstrated a satisfactory level	5804
of knowledge of and competency in the requirements for	5805
administering capital facilities projects;	5806

(2) The institution is performing the biennial audits	5807
prescribed in division (C) of section 3345.51 of the Revised Code.	5808

If the ~~state architect~~commission determines that an	5809
institution of higher education has failed to comply with the	5810
conditions of division (E)(1) or (2) of this section, the ~~state~~	5811
~~architect~~commission shall revoke the institution's certification	5812
and shall notify the board of trustees of the institution in	5813
writing of the revocation.	5814

(F) The ~~state architect~~commission shall establish, subject	5815
to the approval of the director of budget and management, the	5816
amount of the fee required to be paid by any institution of higher	5817
education that seeks certification under this section. The amount	5818
of the fees shall be set to cover the costs to implement this	5819
section, including the costs for materials and the competency	5820
certification training sessions. Any fees received under this	5821
section shall be paid into the state treasury to the credit of the	5822
~~state architect's~~commission's fund established under section	5823
~~123.10~~123.201 of the Revised Code.	5824

(G) Nothing in this section shall prohibit an institution	5825
that administers a capital facilities project under section	5826
3345.51 of the Revised Code from requesting guidance or other	5827
services from the ~~department of administrative services~~	5828
commission.	5829

Sec. 123.25. The Ohio facilities construction commission may	5830
enter into a lease-purchase agreement providing for the	5831
construction, renovation, or addition and eventual acquisition of	5832
a building or improvements to a building for any state agency. The	5833
agreement shall provide for a lease for a series of two-year	5834
renewable lease terms totaling not more than thirty years. The	5835
agreement shall provide that at the end of the series of lease	5836
terms under the agreement, the title to the leased property shall	5837
be vested in the state if all obligations of the state under the	5838
agreement have been satisfied. Payments under the agreement may be	5839
deemed to be, and paid as, current operating expenses.	5840

The commission may lease for a period not to exceed thirty	5841
years real estate owned by the state to any person or political	5842
subdivision of the state approved by the commission, provided that	5843
the lease requires the lessee under a lease-purchase or	5844
lease-leaseback agreement to construct buildings, structures, and	5845
other improvements for any public purpose or private use for the	5846
benefit of government, or to alter, renovate, repair, expand, and	5847
improve the property as the property exists on the date of the	5848
lease, and, in conjunction therewith, to grant leases, easements,	5849
or licenses for lands under the control of a state agency for a	5850
period not to exceed forty years. The lease-leaseback or	5851
lease-purchase plan shall provide that at the end of the lease	5852
period, the buildings, structures, and related improvements,	5853
together with the land on which they are situated, shall become	5854
the property of the state without cost. In addition, the lease	5855
shall contain provisions requiring the lessee to lease to the	5856
state such space in any building or structure on the property that	5857
the commission considers necessary.	5858

Sec. 123.26. (A) The executive director of the Ohio	5859
facilities construction commission shall regulate the rate of	5860
tolls to be collected on the construction or improvement of the	5861
public works of the state, and shall fix all rentals and collect	5862
all tolls, rents, fines, commissions, fees, and other revenues	5863
arising from any source in the construction or improvement of the	5864
public works of the state.	5865

(B) Deposits made to the commission's fund in the state	5866
treasury under section 123.201 of the Revised Code shall consist	5867
of money received by the commission under division (A) of this	5868
section, fees paid under section 123.24 of the Revised Code,	5869
transfers of money to the fund authorized by the general assembly,	5870
and such amount of the investment earnings of the administrative	5871
building fund created in division (F) of section 154.24 of the	5872
Revised Code as the director of budget and management determines	5873
to be appropriate and in excess of the amounts required to meet	5874
estimated federal arbitrage rebate requirements. Money in the fund	5875
shall be used by the commission for the following purposes:	5876

(1) To pay personnel and other administrative expenses of the	5877
commission;	5878

(2) To pay the cost of conducting evaluations of public	5879
works;	5880

(3) To pay the cost of building design specifications;

5881

(4) To pay the cost of providing project management services;

5882

(5) To pay the cost of operating the local administration	5883
competency certification program prescribed by section 123.24 of	5884
the Revised Code; and	5885

(6) Any other purposes that the executive director of the	5886
commission determines to be necessary for the commission to	5887
execute its duties under this chapter.	5888

~~Sec. 123.101.~~ Sec. 123.27. (A) As used in this section:

5889

"Capital facilities project" means the construction,	5890
reconstruction, improvement, enlargement, alteration, or repair of	5891
a building by a public entity.	5892

"Public entity" includes a state agency and a state	5893
institution of higher education.	5894

"State institution of higher education" has the same meaning	5895
as in section 3345.011 of the Revised Code.	5896

(B) Commencing not later than July 1, 2012, and upon	5897
completion of a capital facilities project that is funded wholly	5898
or in part using state funds, each public entity shall submit a	5899
report about the project to the executive director of	5900
~~administrative services~~the Ohio facilities construction	5901
commission. The report shall be submitted in Ohio administrative	5902
knowledge system capital improvement format or in a manner	5903
determined by the executive director and not later than thirty	5904
days after the project is complete. The report shall provide the	5905
total original contract bid, total cost of change orders, total	5906
actual cost of the project, total costs incurred for mediation and	5907
litigation services, and any other data requested by the executive	5908
director. The first report submitted pursuant to this division	5909
shall include information about any capital facilities project	5910
completed on or after July 1, 2011. Any capital facilities project	5911
that is funded wholly or in part through appropriations made to	5912
the Ohio school facilities commission, the Ohio public works	5913
commission, or the Ohio cultural facilities commission, or for	5914
which a joint use agreement has been entered into with any public	5915
entity, is exempt from the reporting requirement prescribed under	5916
this division.	5917

(C) Commencing not later than July 1, 2012, and annually	5918
thereafter, the attorney general shall report to the executive	5919
director of the Ohio facilities construction commission on any	5920
mediation and litigation costs associated with capital facilities	5921
projects for which a judgment has been rendered. The report shall	5922
be submitted in a manner prescribed by the executive director and	5923
shall contain any information requested by the executive director	5924
related to capital facilities project mediation and litigation	5925
costs.	5926

(D) As soon as practicable after such information is made	5927
available, the executive director of ~~administrative services~~the	5928
Ohio facilities construction commission shall incorporate the	5929
information reported pursuant to divisions (B) and (C) of this	5930
section into the Ohio administrative knowledge system.	5931

Sec. 123.51. The state may enter into a sale and leaseback	5932
agreement under which the state agrees to convey a state-owned	5933
building to a purchaser who is obligated, immediately upon	5934
closing, to lease the building back to the state. The sale and	5935
leaseback agreement shall obligate the lessor to make improvements	5936
to the building, including renovations, energy conservation	5937
measures, and other measures that are necessary to improve the	5938
functionality and reduce the operating costs of the building.	5939

The authority granted by this section is not subject to the	5940
limitations imposed by section 123.01 of the Revised Code.	5941

Sec. 124.04. In addition to those powers enumerated in	5942
Chapters 123. and 125. of the Revised Code and as provided	5943
elsewhere by law, the powers, duties, and functions of the	5944
department of administrative services not specifically vested in	5945
and assigned to, or to be performed by, the state personnel board	5946
of review are hereby vested in and assigned to, and shall be	5947
performed by, the director of administrative services. These	5948
powers, duties, and functions shall include, but shall not be	5949
limited to, the following powers, duties, and functions:	5950

(A) To prepare, conduct, and grade all competitive	5951
examinations for positions in the classified ~~state~~ service of the	5952
state;	5953

(B) To prepare, conduct, and grade all noncompetitive	5954
examinations for positions in the classified ~~state~~ service of the	5955
state;	5956

(C) To prepare eligible lists containing the names of persons	5957
qualified for appointment to positions in the classified ~~state~~	5958
service of the state;	5959

(D) To prepare or amend, in accordance with section 124.14 of	5960
the Revised Code, specifications descriptive of duties,	5961
responsibilities, requirements, and desirable qualifications of	5962
the various classifications of positions in the ~~state~~ service of	5963
the state;	5964

(E) To allocate and reallocate, upon the motion of the	5965
director or upon request of an appointing authority and in	5966
accordance with section 124.14 of the Revised Code, any position,	5967
office, or employment in the ~~state~~ service of the state to the	5968
appropriate classification on the basis of the duties,	5969
responsibilities, requirements, and qualifications of that	5970
position, office, or employment;	5971

(F) To develop and conduct personnel recruitment services and	5972
assist appointing authorities in recruiting qualified applicants	5973
for positions in the ~~state~~ service of the state;	5974

(G) To conduct research on specifications, classifications,	5975
and salaries of positions in the ~~state~~ service of the state;	5976

(H) To develop and conduct personnel training programs,	5977
including supervisory training programs and best practices plans,	5978
and to develop merit hiring processes, in cooperation with	5979
appointing authorities for positions in the service of the state;	5980

(I) To include periodically in communications sent to state	5981
employees both of the following:	5982

(1) Information developed under section 2108.34 of the	5983
Revised Code promoting the donation of anatomical gifts under	5984
Chapter 2108. of the Revised Code;	5985

(2) Information about the liver or kidney donor and bone	5986
marrow donor leave granted under section 124.139 of the Revised	5987
Code.	5988

(J) To enter into agreements with universities and colleges	5989
for in-service training of officers and employees in the civil	5990
service ~~and to assist appointing authorities in recruiting~~	5991
~~qualified applicants~~;	5992

(K) To appoint examiners, inspectors, clerks, and other	5993
assistants necessary in the exercise of the powers and performance	5994
of the duties and functions which the director is by law	5995
authorized and required to exercise and perform, and to prescribe	5996
the duties of all of those employees;	5997

(L) To maintain a journal, which shall be open to public	5998
inspection, in which the director shall keep a record of the	5999
director's final decision pertaining to the classification or	6000
reclassification of positions in the classified civil service of	6001
the state and assignment or reassignment of employees in the	6002
classified civil service of the state to specific position	6003
classifications;	6004

(M) To delegate any of the powers, functions, or duties	6005
granted or assigned to the director under this chapter to any	6006
other state agency of this state as the director considers	6007
necessary;	6008

(N) To delegate any of the powers, functions, or duties	6009
granted or assigned to the director under this chapter to any	6010
political subdivision with the concurrence of the legislative	6011
authority of the political subdivision.	6012

(O) To administer a state equal employment opportunity	6013
program.	6014

Sec. 124.06. No person shall be appointed, removed,	6015
transferred, laid off, suspended, reinstated, promoted, or reduced	6016
as an officer or employee in the civil service, in any manner or	6017
by any means other than those prescribed in this chapter, and the	6018
rules of the director of administrative services for positions in	6019
the service of the state or the municipal or civil service	6020
township civil service commission within their respective	6021
jurisdictions.	6022

Sec. 124.11. The civil service of the state and the several	6023
counties, cities, civil service townships, city health districts,	6024
general health districts, and city school districts of the state	6025
shall be divided into the unclassified service and the classified	6026
service.	6027

(A) The unclassified service shall comprise the following	6028
positions, which shall not be included in the classified service,	6029
and which shall be exempt from all examinations required by this	6030
chapter:	6031

(1) All officers elected by popular vote or persons appointed	6032
to fill vacancies in those offices;	6033

(2) All election officers as defined in section 3501.01 of	6034
the Revised Code;	6035

(3)(a) The members of all boards and commissions, and heads	6036
of principal departments, boards, and commissions appointed by the	6037
governor or by and with the governor's consent;	6038

(b) The heads of all departments appointed by a board of	6039
county commissioners;	6040

(c) The members of all boards and commissions and all heads	6041
of departments appointed by the mayor, or, if there is no mayor,	6042
such other similar chief appointing authority of any city or city	6043
school district;	6044

Except as otherwise provided in division (A)(17) or (C) of	6045
this section, this chapter does not exempt the chiefs of police	6046
departments and chiefs of fire departments of cities or civil	6047
service townships from the competitive classified service.	6048

(4) The members of county or district licensing boards or	6049
commissions and boards of revision, and not more than five deputy	6050
county auditors;	6051

(5) All officers and employees elected or appointed by either	6052
or both branches of the general assembly, and employees of the	6053
city legislative authority engaged in legislative duties;	6054

(6) All commissioned, warrant, and noncommissioned officers	6055
and enlisted persons in the Ohio organized militia, including	6056
military appointees in the adjutant general's department;	6057

(7)(a) All presidents, business managers, administrative	6058
officers, superintendents, assistant superintendents, principals,	6059
deans, assistant deans, instructors, teachers, and such employees	6060
as are engaged in educational or research duties connected with	6061
the public school system, colleges, and universities, as	6062
determined by the governing body of the public school system,	6063
colleges, and universities;	6064

(b) The library staff of any library in the state supported	6065
wholly or in part at public expense.	6066

(8) Four clerical and administrative support employees for	6067
each of the elective state officers, four clerical and	6068
administrative support employees for each board of county	6069
commissioners and one such employee for each county commissioner,	6070
and four clerical and administrative support employees for other	6071
elective officers and each of the principal appointive executive	6072
officers, boards, or commissions, except for civil service	6073
commissions, that are authorized to appoint such clerical and	6074
administrative support employees;	6075

(9) The deputies and assistants of state agencies authorized	6076
to act for and on behalf of the agency, or holding a fiduciary or	6077
administrative relation to that agency and those persons employed	6078
by and directly responsible to elected county officials or a	6079
county administrator and holding a fiduciary or administrative	6080
relationship to such elected county officials or county	6081
administrator, and the employees of such county officials whose	6082
fitness would be impracticable to determine by competitive	6083
examination, provided that division (A)(9) of this section shall	6084
not affect those persons in county employment in the classified	6085
service as of September 19, 1961. Nothing in division (A)(9) of	6086
this section applies to any position in a county department of job	6087
and family services created pursuant to Chapter 329. of the	6088
Revised Code.	6089

(10) Bailiffs, constables, official stenographers, and	6090
commissioners of courts of record, deputies of clerks of the	6091
courts of common pleas who supervise or who handle public moneys	6092
or secured documents, and such officers and employees of courts of	6093
record and such deputies of clerks of the courts of common pleas	6094
as the ~~director of administrative services~~appointing authority	6095
finds it impracticable to determine their fitness by competitive	6096
examination;	6097

(11) Assistants to the attorney general, special counsel	6098
appointed or employed by the attorney general, assistants to	6099
county prosecuting attorneys, and assistants to city directors of	6100
law;	6101

(12) Such teachers and employees in the agricultural	6102
experiment stations; such students in normal schools, colleges,	6103
and universities of the state who are employed by the state or a	6104
political subdivision of the state in student or intern	6105
classifications; and such unskilled labor positions as the	6106
director of administrative services, with respect to positions in	6107
the service of the state, or any municipal civil service	6108
commission may find it impracticable to include in the competitive	6109
classified service; provided such exemptions shall be by order of	6110
the commission or the director, duly entered on the record of the	6111
commission or the director with the reasons for each such	6112
exemption;	6113

(13) Any physician or dentist who is a full-time employee of	6114
the department of mental health, the department of developmental	6115
disabilities, or an institution under the jurisdiction of either	6116
department; and physicians who are in residency programs at the	6117
institutions;	6118

(14) Up to twenty positions at each institution under the	6119
jurisdiction of the department of mental health or the department	6120
of developmental disabilities that the department director	6121
determines to be primarily administrative or managerial; and up to	6122
fifteen positions in any division of either department, excluding	6123
administrative assistants to the director and division chiefs,	6124
which are within the immediate staff of a division chief and which	6125
the director determines to be primarily and distinctively	6126
administrative and managerial;	6127

(15) Noncitizens of the United States employed by the state,	6128
or its counties or cities, as physicians or nurses who are duly	6129
licensed to practice their respective professions under the laws	6130
of this state, or medical assistants, in mental or chronic disease	6131
hospitals, or institutions;	6132

(16) Employees of the governor's office;

6133

(17) Fire chiefs and chiefs of police in civil service	6134
townships appointed by boards of township trustees under section	6135
505.38 or 505.49 of the Revised Code;	6136

(18) Executive directors, deputy directors, and program	6137
directors employed by boards of alcohol, drug addiction, and	6138
mental health services under Chapter 340. of the Revised Code, and	6139
secretaries of the executive directors, deputy directors, and	6140
program directors;	6141

(19) Superintendents, and management employees as defined in	6142
section 5126.20 of the Revised Code, of county boards of	6143
developmental disabilities;	6144

(20) Physicians, nurses, and other employees of a county	6145
hospital who are appointed pursuant to sections 339.03 and 339.06	6146
of the Revised Code;	6147

(21) The executive director of the state medical board, who	6148
is appointed pursuant to division (B) of section 4731.05 of the	6149
Revised Code;	6150

(22) County directors of job and family services as provided	6151
in section 329.02 of the Revised Code and administrators appointed	6152
under section 329.021 of the Revised Code;	6153

(23) A director of economic development who is hired pursuant	6154
to division (A) of section 307.07 of the Revised Code;	6155

(24) Chiefs of construction and compliance, of operations and	6156
maintenance, of worker protection, and of licensing and	6157
certification in the division of ~~labor~~industrial compliance in	6158
the department of commerce;	6159

(25) The executive director of a county transit system	6160
appointed under division (A) of section 306.04 of the Revised	6161
Code;	6162

(26) Up to five positions at each of the administrative	6163
departments listed in section 121.02 of the Revised Code and at	6164
the department of taxation, department of the adjutant general,	6165
department of education, Ohio board of regents, bureau of workers'	6166
compensation, industrial commission, state lottery commission, and	6167
public utilities commission of Ohio that the head of that	6168
administrative department or of that other state agency determines	6169
to be involved in policy development and implementation. The head	6170
of the administrative department or other state agency shall set	6171
the compensation for employees in these positions at a rate that	6172
is not less than the minimum compensation specified in pay range	6173
41 but not more than the maximum compensation specified in pay	6174
range 44 of salary schedule E-2 in section 124.152 of the Revised	6175
Code. The authority to establish positions in the unclassified	6176
service under division (A)(26) of this section is in addition to	6177
and does not limit any other authority that an administrative	6178
department or state agency has under the Revised Code to establish	6179
positions, appoint employees, or set compensation.	6180

(27) Employees of the department of agriculture employed	6181
under section 901.09 of the Revised Code;	6182

(28) For cities, counties, civil service townships, city	6183
health districts, general health districts, and city school	6184
districts, the deputies and assistants of elective or principal	6185
executive officers authorized to act for and in the place of their	6186
principals or holding a fiduciary relation to their principals;	6187

(29) Employees who receive intermittent or temporary	6188
appointments under division (B) of section 124.30 of the Revised	6189
Code;	6190

(30) Employees appointed to administrative staff positions	6191
for which an appointing authority is given specific statutory	6192
authority to set compensation;	6193

(31) Employees appointed to highway patrol cadet or highway	6194
patrol cadet candidate classifications;	6195

(32) Employees placed in the unclassified service by another	6196
section of the Revised Code.	6197

(B) The classified service shall comprise all persons in the	6198
employ of the state and the several counties, cities, city health	6199
districts, general health districts, and city school districts of	6200
the state, not specifically included in the unclassified service.	6201
Upon the creation by the board of trustees of a civil service	6202
township civil service commission, the classified service shall	6203
also comprise, except as otherwise provided in division (A)(17) or	6204
(C) of this section, all persons in the employ of a civil service	6205
township police or fire department having ten or more full-time	6206
paid employees. The classified service consists of two classes,	6207
which shall be designated as the competitive class and the	6208
unskilled labor class.	6209

(1) The competitive class shall include all positions and	6210
employments in the state and the counties, cities, city health	6211
districts, general health districts, and city school districts of	6212
the state, and, upon the creation by the board of trustees of a	6213
civil service township of a township civil service commission, all	6214
positions in a civil service township police or fire department	6215
having ten or more full-time paid employees, for which it is	6216
practicable to determine the merit and fitness of applicants by	6217
competitive examinations. Appointments shall be made to, or	6218
employment shall be given in, all positions in the competitive	6219
class that are not filled by promotion, reinstatement, transfer,	6220
or reduction, as provided in this chapter, and the rules of the	6221
director of administrative services, by appointment from those	6222
certified to the appointing officer in accordance with this	6223
chapter.	6224

(2) The unskilled labor class shall include ordinary	6225
unskilled laborers. Vacancies in the labor class for positions in	6226
service of the state shall be filled by appointment from lists of	6227
applicants registered by the director or the director's designee.	6228
Vacancies in the labor class for all other positions shall be	6229
filled by appointment from lists of applicants registered by a	6230
commission. The director or the commission, as applicable, by	6231
rule, shall require an applicant for registration in the labor	6232
class to furnish evidence or take tests as the director or	6233
commission considers proper with respect to age, residence,	6234
physical condition, ability to labor, honesty, sobriety, industry,	6235
capacity, and experience in the work or employment for which	6236
application is made. Laborers who fulfill the requirements shall	6237
be placed on the eligible list for the kind of labor or employment	6238
sought, and preference shall be given in employment in accordance	6239
with the rating received from that evidence or in those tests.	6240
Upon the request of an appointing officer, stating the kind of	6241
labor needed, the pay and probable length of employment, and the	6242
number to be employed, the director or commission, as applicable,	6243
shall certify from the highest on the list double the number to be	6244
employed; from this number, the appointing officer shall appoint	6245
the number actually needed for the particular work. If more than	6246
one applicant receives the same rating, priority in time of	6247
application shall determine the order in which their names shall	6248
be certified for appointment.	6249

(C) A municipal or civil service township civil service	6250
commission may place volunteer firefighters who are paid on a	6251
fee-for-service basis in either the classified or the unclassified	6252
civil service.	6253

(D)(1) This division does not apply to persons in the	6254
unclassified service who have the right to resume positions in the	6255
classified service under sections 4121.121, 5119.071, 5120.38,	6256
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	6257
Code.	6258

~~An appointing authority whose employees are paid directly by~~	6259
~~warrant of the director of budget and management may appoint a~~	6260
~~person who holds a certified position in the classified service~~	6261
~~within the appointing authority's agency to a position in the~~	6262
~~unclassified service within that agency.~~(2) A person ~~appointed~~	6263
~~pursuant to this division~~who holds a position in the classified	6264
service and who is appointed to a position in the unclassified	6265
service shall retain the right to resume the position and status	6266
held by the person in the classified service immediately prior to	6267
the person's appointment to the position in the unclassified	6268
service, regardless of the number of positions the person held in	6269
the unclassified service. An employee's right to resume a position	6270
in the classified service may only be exercised when an appointing	6271
authority demotes the employee to a pay range lower than the	6272
employee's current pay range or revokes the employee's appointment	6273
to the unclassified service.and:	6274

(a) That person held a certified position prior to July 1,	6275
2007, in the classified service within the appointing authority's	6276
agency; or	6277

(b) That person held a permanent position on or after July 1,	6278
2007, in the classified service within the appointing authority's	6279
agency.	6280

(3) An employee forfeits the right to resume a position in	6281
the classified service when ~~the~~:	6282

(a) The employee is removed from the position in the	6283
unclassified service due to incompetence, inefficiency,	6284
dishonesty, drunkenness, immoral conduct, insubordination,	6285
discourteous treatment of the public, neglect of duty, violation	6286
of this chapter or the rules of the director of administrative	6287
services, any other failure of good behavior, any other acts of	6288
misfeasance, malfeasance, or nonfeasance in office, or conviction	6289
of a felony~~. An employee also forfeits the right to resume a~~	6290
~~position in the classified service upon~~; or	6291

(b) Upon transfer to a different agency.

6292

(4) Reinstatement to a position in the classified service	6293
shall be to a position substantially equal to that position in the	6294
classified service held previously, as certified by the director	6295
of administrative services. If the position the person previously	6296
held in the classified service has been placed in the unclassified	6297
service or is otherwise unavailable, the person shall be appointed	6298
to a position in the classified service within the appointing	6299
authority's agency that the director of administrative services	6300
certifies is comparable in compensation to the position the person	6301
previously held in the classified service. Service in the position	6302
in the unclassified service shall be counted as service in the	6303
position in the classified service held by the person immediately	6304
prior to the person's appointment to the position in the	6305
unclassified service. When a person is reinstated to a position in	6306
the classified service as provided in this division, the person is	6307
entitled to all rights, status, and benefits accruing to the	6308
position in the classified service during the person's time of	6309
service in the position in the unclassified service.	6310

Sec. 124.12. (A) Within ninety days after an appointing	6311
authority appoints an employee to an unclassified position in the	6312
service of the state, the appointing authority shall notify the	6313
department of administrative services of that appointment.	6314

(B) On the date an appointing authority appoints an employee	6315
to an unclassified position in the state service, the appointing	6316
authority shall provide the employee with written information	6317
describing the nature of employment in the unclassified civil	6318
service. Within thirty days after the date an appointing authority	6319
appoints an employee to an unclassified position in the state	6320
service, the appointing authority shall provide the employee with	6321
written information describing the duties of that position.	6322
Failure of the appointing authority to provide the written	6323
information described in this division to the employee does not	6324
confer any additional rights upon the employee in any appellate	6325
body with jurisdiction over an appeal of the employee.	6326

(C) The department shall develop and provide each appointing	6327
authority in the ~~state~~ service of the state with a general written	6328
description of the nature of employment in the unclassified civil	6329
service that shall be provided to employees under division (B) of	6330
this section.	6331

Sec. 124.14. (A)(1) The director of administrative services	6332
shall establish, and may modify or rescind, by rule, a job	6333
classification plan for all positions, offices, and employments	6334
the salaries of which are paid in whole or in part by the state.	6335
The director shall group jobs within a classification so that the	6336
positions are similar enough in duties and responsibilities to be	6337
described by the same title, to have the same pay assigned with	6338
equity, and to have the same qualifications for selection applied.	6339
The director shall, by rule, assign a classification title to each	6340
classification within the classification plan. However, the	6341
director shall consider in establishing classifications, including	6342
classifications with parenthetical titles, and assigning pay	6343
ranges such factors as duties performed only on one shift, special	6344
skills in short supply in the labor market, recruitment problems,	6345
separation rates, comparative salary rates, the amount of training	6346
required, and other conditions affecting employment. The director	6347
shall describe the duties and responsibilities of the class,	6348
establish the qualifications for being employed in each position	6349
in the class, and file with the secretary of state a copy of	6350
specifications for all of the classifications. The director shall	6351
file new, additional, or revised specifications with the secretary	6352
of state before they are used.	6353

The director shall, by rule, assign each classification,	6354
either on a statewide basis or in particular counties or state	6355
institutions, to a pay range established under section 124.15 or	6356
section 124.152 of the Revised Code. The director may assign a	6357
classification to a pay range on a temporary basis for a period of	6358
six months. The director may establish, by rule adopted under	6359
Chapter 119. of the Revised Code, experimental classification	6360
plans for some or all employees paid directly by warrant of the	6361
director of budget and management. The rule shall include	6362
specifications for each classification within the plan and shall	6363
specifically address compensation ranges, and methods for	6364
advancing within the ranges, for the classifications, which may be	6365
assigned to pay ranges other than the pay ranges established under	6366
section 124.15 or 124.152 of the Revised Code.	6367

(2) The director of administrative services may reassign to a	6368
proper classification those positions that have been assigned to	6369
an improper classification. If the compensation of an employee in	6370
such a reassigned position exceeds the maximum rate of pay for the	6371
employee's new classification, the employee shall be placed in pay	6372
step X and shall not receive an increase in compensation until the	6373
maximum rate of pay for that classification exceeds the employee's	6374
compensation.	6375

(3) The director may reassign an exempt employee, as defined	6376
in section 124.152 of the Revised Code, to a bargaining unit	6377
classification if the director determines that the bargaining unit	6378
classification is the proper classification for that employee.	6379
Notwithstanding Chapter 4117. of the Revised Code or instruments	6380
and contracts negotiated under it, these placements are at the	6381
director's discretion.	6382

(4) The director shall, by rule, assign related	6383
classifications, which form a career progression, to a	6384
classification series. The director shall, by rule, assign each	6385
classification in the classification plan a five-digit number, the	6386
first four digits of which shall denote the classification series	6387
to which the classification is assigned. When a career progression	6388
encompasses more than ten classifications, the director shall, by	6389
rule, identify the additional classifications belonging to a	6390
classification series. The additional classifications shall be	6391
part of the classification series, notwithstanding the fact that	6392
the first four digits of the number assigned to the additional	6393
classifications do not correspond to the first four digits of the	6394
numbers assigned to other classifications in the classification	6395
series.	6396

~~(5) The director may establish, modify, or rescind a~~	6397
~~classification plan for county agencies that elect not to use the~~	6398
~~services and facilities of a county personnel department. The~~	6399
~~director shall establish any such classification plan by means of~~	6400
~~rules adopted under Chapter 119. of the Revised Code. The rules~~	6401
~~shall include a methodology for the establishment of titles unique~~	6402
~~to county agencies, the use of state classification titles and~~	6403
~~classification specifications for common positions, the criteria~~	6404
~~for a county to meet in establishing its own classification plan,~~	6405
~~and the establishment of what constitutes a classification series~~	6406
~~for county agencies. The director may assess a county agency that~~	6407
~~chooses to use the classification plan a usage fee the director~~	6408
~~determines. All usage fees the department of administrative~~	6409
~~services receives shall be paid into the state treasury to the~~	6410
~~credit of the human resources fund created in section 124.07 of~~	6411
~~the Revised Code.~~	6412

(B) Division (A) of this section and sections 124.15 and	6413
124.152 of the Revised Code do not apply to the following persons,	6414
positions, offices, and employments:	6415

(1) Elected officials;

6416

(2) Legislative employees, employees of the legislative	6417
service commission, employees in the office of the governor,	6418
employees who are in the unclassified civil service and exempt	6419
from collective bargaining coverage in the office of the secretary	6420
of state, auditor of state, treasurer of state, and attorney	6421
general, and employees of the supreme court;	6422

(3) Employees of a county children services board that	6423
establishes compensation rates under section 5153.12 of the	6424
Revised Code;	6425

(4) Any position for which the authority to determine	6426
compensation is given by law to another individual or entity;	6427

(5) Employees of the bureau of workers' compensation whose	6428
compensation the administrator of workers' compensation	6429
establishes under division (B) of section 4121.121 of the Revised	6430
Code.	6431

(C) The director may employ a consulting agency to aid and	6432
assist the director in carrying out this section.	6433

(D)(1) When the director proposes to modify a classification	6434
or the assignment of classes to appropriate pay ranges, the	6435
director shall send written notice of the proposed rule to the	6436
appointing authorities of the affected employees thirty days	6437
before a hearing on the proposed rule. The appointing authorities	6438
shall notify the affected employees regarding the proposed rule.	6439
The director also shall send those appointing authorities notice	6440
of any final rule that is adopted within ten days after adoption.	6441

(2) When the director proposes to reclassify any employee so	6442
that the employee is adversely affected, the director shall give	6443
to the employee affected and to the employee's appointing	6444
authority a written notice setting forth the proposed new	6445
classification, pay range, and salary. Upon the request of any	6446
classified employee in the service of the state who is not serving	6447
in a probationary period, the director shall perform a job audit	6448
to review the classification of the employee's position to	6449
determine whether the position is properly classified. The	6450
director shall give to the employee affected and to the employee's	6451
appointing authority a written notice of the director's	6452
determination whether or not to reclassify the position or to	6453
reassign the employee to another classification. An employee or	6454
appointing authority desiring a hearing shall file a written	6455
request for the hearing with the state personnel board of review	6456
within thirty days after receiving the notice. The board shall set	6457
the matter for a hearing and notify the employee and appointing	6458
authority of the time and place of the hearing. The employee, the	6459
appointing authority, or any authorized representative of the	6460
employee who wishes to submit facts for the consideration of the	6461
board shall be afforded reasonable opportunity to do so. After the	6462
hearing, the board shall consider anew the reclassification and	6463
may order the reclassification of the employee and require the	6464
director to assign the employee to such appropriate classification	6465
as the facts and evidence warrant. As provided in division (A)(1)	6466
of section 124.03 of the Revised Code, the board may determine the	6467
most appropriate classification for the position of any employee	6468
coming before the board, with or without a job audit. The board	6469
shall disallow any reclassification or reassignment classification	6470
of any employee when it finds that changes have been made in the	6471
duties and responsibilities of any particular employee for	6472
political, religious, or other unjust reasons.	6473

(E)(1) Employees of each county department of job and family	6474
services shall be paid a salary or wage established by the board	6475
of county commissioners. The provisions of section 124.18 of the	6476
Revised Code concerning the standard work week apply to employees	6477
of county departments of job and family services. A board of	6478
county commissioners may do either of the following:	6479

(a) Notwithstanding any other section of the Revised Code,	6480
supplement the sick leave, vacation leave, personal leave, and	6481
other benefits of any employee of the county department of job and	6482
family services of that county, if the employee is eligible for	6483
the supplement under a written policy providing for the	6484
supplement;	6485

(b) Notwithstanding any other section of the Revised Code,	6486
establish alternative schedules of sick leave, vacation leave,	6487
personal leave, or other benefits for employees not inconsistent	6488
with the provisions of a collective bargaining agreement covering	6489
the affected employees.	6490

(2) Division (E)(1) of this section does not apply to	6491
employees for whom the state employment relations board	6492
establishes appropriate bargaining units pursuant to section	6493
4117.06 of the Revised Code, except in either of the following	6494
situations:	6495

(a) The employees for whom the state employment relations	6496
board establishes appropriate bargaining units elect no	6497
representative in a board-conducted representation election.	6498

(b) After the state employment relations board establishes	6499
appropriate bargaining units for such employees, all employee	6500
organizations withdraw from a representation election.	6501

(F)(1) Notwithstanding any contrary provision of sections	6502
124.01 to 124.64 of the Revised Code, the board of trustees of	6503
each state university or college, as defined in section 3345.12 of	6504
the Revised Code, shall carry out all matters of governance	6505
involving the officers and employees of the university or college,	6506
including, but not limited to, the powers, duties, and functions	6507
of the department of administrative services and the director of	6508
administrative services specified in this chapter. Officers and	6509
employees of a state university or college shall have the right of	6510
appeal to the state personnel board of review as provided in this	6511
chapter.	6512

(2) Each board of trustees shall adopt rules under section	6513
111.15 of the Revised Code to carry out the matters of governance	6514
described in division (F)(1) of this section. Until the board of	6515
trustees adopts those rules, a state university or college shall	6516
continue to operate pursuant to the applicable rules adopted by	6517
the director of administrative services under this chapter.	6518

(G)(1) Each board of county commissioners may, by a	6519
resolution adopted by a majority of its members, establish a	6520
county personnel department to exercise the powers, duties, and	6521
functions specified in division (G) of this section. As used in	6522
division (G) of this section, "county personnel department" means	6523
a county personnel department established by a board of county	6524
commissioners under division (G)(1) of this section.	6525

(2)(a) Each board of county commissioners, by a resolution	6526
adopted by a majority of its members, may designate the county	6527
personnel department of the county to exercise the powers, duties,	6528
and functions specified in sections 124.01 to 124.64 and Chapter	6529
325. of the Revised Code with regard to employees in the service	6530
of the county, except for the powers and duties of the state	6531
personnel board of review, which powers and duties shall not be	6532
construed as having been modified or diminished in any manner by	6533
division (G)(2) of this section, with respect to the employees for	6534
whom the board of county commissioners is the appointing authority	6535
or co-appointing authority.	6536

(b) Nothing in division (G)(2) of this section shall be	6537
construed to limit the right of any employee who possesses the	6538
right of appeal to the state personnel board of review to continue	6539
to possess that right of appeal.	6540

(c) Any board of county commissioners that has established a	6541
county personnel department may contract with the department of	6542
administrative services, in accordance with division (H) of this	6543
section, another political subdivision, or an appropriate public	6544
or private entity to provide competitive testing services or other	6545
appropriate services.	6546

(3) After the county personnel department of a county has	6547
been established as described in division (G)(2) of this section,	6548
any elected official, board, agency, or other appointing authority	6549
of that county, upon written notification to the county personnel	6550
department, may elect to use the services and facilities of the	6551
county personnel department. Upon receipt of the notification by	6552
the county personnel department, the county personnel department	6553
shall exercise the powers, duties, and functions as described in	6554
division (G)(2) of this section with respect to the employees of	6555
that elected official, board, agency, or other appointing	6556
authority.	6557

(4) Each board of county commissioners, by a resolution	6558
adopted by a majority of its members, may disband the county	6559
personnel department.	6560

(5) Any elected official, board, agency, or appointing	6561
authority of a county may end its involvement with a county	6562
personnel department upon actual receipt by the department of a	6563
certified copy of the notification that contains the decision to	6564
no longer participate.	6565

(6) ~~The director of administrative services may, by rule~~	6566
~~adopted in accordance with Chapter 119. of the Revised Code,~~	6567
~~prescribe criteria and procedures for the following:~~	6568

~~(a)~~ A ~~requirement that each~~ county personnel department, in	6569
carrying out its duties, shall adhere to merit system principles	6570
with regard to employees of county departments of job and family	6571
services, child support enforcement agencies, and public child	6572
welfare agencies so that there is no threatened loss of federal	6573
funding for these agencies, and ~~a requirement that~~ the county be	6574
is financially liable to the state for any loss of federal funds	6575
due to the action or inaction of the county personnel department.	6576
~~The costs associated with audits conducted to monitor compliance~~	6577
~~with division (G)(6)(a) of this section shall be reimbursed to the~~	6578
~~department of administrative services as determined by the~~	6579
~~director. All money the department receives for these audits shall~~	6580
~~be paid into the state treasury to the credit of the human~~	6581
~~resources fund created in section 124.07 of the Revised Code.~~	6582

~~(b) Authorization for the director of administrative services~~	6583
~~to conduct periodic audits and reviews of county personnel~~	6584
~~departments to guarantee the uniform application of the powers,~~	6585
~~duties, and functions exercised pursuant to division (G)(2)(a) of~~	6586
~~this section. The costs of the audits and reviews shall be~~	6587
~~reimbursed to the department of administrative services as~~	6588
~~determined by the director by the county for which the services~~	6589
~~are performed. All money the department receives shall be paid~~	6590
~~into the state treasury to the credit of the human resources fund~~	6591
~~created in section 124.07 of the Revised Code.~~	6592

(H) County agencies may contract with the department of	6593
administrative services for any human resources services,	6594
including, but not limited to, establishment and modification of	6595
job classification plans, competitive testing services, and	6596
periodic audits and reviews to guarantee the county's uniform	6597
application of the powers, duties, and functions specified in	6598
sections 124.01 to 124.64 and Chapter 325. of the Revised Code	6599
with regard to employees in the service of the county. Nothing in	6600
this division modifies the powers and duties of the state	6601
personnel board of review with respect to employees in the service	6602
of the county. Nothing in this division limits the right of any	6603
employee who possesses the right of appeal to the state personnel	6604
board of review to continue to possess that right of appeal.	6605

(I) The director of administrative services shall establish	6606
the rate and method of compensation for all employees who are paid	6607
directly by warrant of the director of budget and management and	6608
who are serving in positions that the director of administrative	6609
services has determined impracticable to include in the state job	6610
classification plan. This division does not apply to elected	6611
officials, legislative employees, employees of the legislative	6612
service commission, employees who are in the unclassified civil	6613
service and exempt from collective bargaining coverage in the	6614
office of the secretary of state, auditor of state, treasurer of	6615
state, and attorney general, employees of the courts, employees of	6616
the bureau of workers' compensation whose compensation the	6617
administrator of workers' compensation establishes under division	6618
(B) of section 4121.121 of the Revised Code, or employees of an	6619
appointing authority authorized by law to fix the compensation of	6620
those employees.	6621

~~(I)~~(J) The director of administrative services shall set the	6622
rate of compensation for all intermittent, seasonal, temporary,	6623
emergency, and casual employees in the service of the state who	6624
are not considered public employees under section 4117.01 of the	6625
Revised Code. Those employees are not entitled to receive employee	6626
benefits. This rate of compensation shall be equitable in terms of	6627
the rate of employees serving in the same or similar	6628
classifications. This division does not apply to elected	6629
officials, legislative employees, employees of the legislative	6630
service commission, employees who are in the unclassified civil	6631
service and exempt from collective bargaining coverage in the	6632
office of the secretary of state, auditor of state, treasurer of	6633
state, and attorney general, employees of the courts, employees of	6634
the bureau of workers' compensation whose compensation the	6635
administrator establishes under division (B) of section 4121.121	6636
of the Revised Code, or employees of an appointing authority	6637
authorized by law to fix the compensation of those employees.	6638

Sec. 124.231. (A) As used in this section, "legally blind	6639
person" means any person who qualifies as being blind under any	6640
Ohio or federal statute, or any rule adopted thereunder. As used	6641
in this section, "legally deaf person" means any person who	6642
qualifies as being deaf under any Ohio or federal statute, or any	6643
rule adopted thereunder.	6644

(B) When an examination is to be administered under sections	6645
124.01 to ~~124.64~~124.31 of the Revised Code, the director of	6646
administrative services or the director's designee shall whenever	6647
practicable arrange for special examinations to be administered to	6648
legally blind or legally deaf persons applying for positions in	6649
the classified service of the state to ensure that the abilities	6650
of such applicants are properly assessed and that such applicants	6651
are not subject to discrimination because they are legally blind	6652
or legally deaf persons.	6653

Sec. 124.241. As used in this section, "professional	6654
employee" has the same meaning as in section 5126.20 of the	6655
Revised Code and "registered service employee" means a service	6656
employee, as defined in section 5126.20 of the Revised Code, who	6657
is registered under section 5126.25 of the Revised Code.	6658

County boards of developmental disabilities may hire	6659
professional employees and registered service employees in the	6660
classified service on the basis of the candidates' qualifications	6661
rather than on the basis of the results of ana civil service	6662
examination ~~administered by the director of administrative~~	6663
~~services pursuant to section 124.23 of the Revised Code~~.	6664

Sec. 124.25. The director of administrative services shall	6665
require persons applying for an examination for original	6666
appointment in the service of the state to file with the director	6667
or the director's designee, within reasonable time prior to the	6668
examination, a formal application, in which the applicant shall	6669
state the applicant's name, address, and such other information as	6670
may reasonably be required concerning the applicant's education	6671
and experience. No inquiry shall be made as to religious or	6672
political affiliations or as to racial or ethnic origin of the	6673
applicant, except as necessary to gather equal employment	6674
opportunity or other statistics that, when compiled, will not	6675
identify any specific individual.	6676

Blank forms for applications shall be furnished by the	6677
director or the director's designee without charge to any person	6678
requesting the same. The director or the director's designee may	6679
require in connection with such application such certificate of	6680
persons having knowledge of the applicant as the good of the	6681
service demands. The director or the director's designee may	6682
refuse to appoint or examine an applicant, or, after an	6683
examination, refuse to certify the applicant as eligible, who is	6684
found to lack any of the established preliminary requirements for	6685
the examination, who is addicted to the habitual use of	6686
intoxicating liquors or drugs to excess, who has a pattern of poor	6687
work habits and performance with previous employers, who has been	6688
convicted of a felony, who has been guilty of infamous or	6689
notoriously disgraceful conduct, who has been dismissed from	6690
either branch of the civil service for delinquency or misconduct,	6691
or who has made false statements of any material fact, or	6692
practiced, or attempted to practice, any deception or fraud in the	6693
application or examination, in establishing eligibility, or	6694
securing an appointment.	6695

Sec. 124.26. From the returns of ~~the~~ examinations for	6696
positions in the service of the state, the director of	6697
administrative services or the director's designee shall prepare	6698
an eligible list of the persons whose general average standing	6699
upon examinations for the class or position is not less than the	6700
minimum fixed by the rules of the director, and who are otherwise	6701
eligible. Those persons shall take rank upon the eligible list as	6702
candidates in the order of their relative excellence as determined	6703
by the examination without reference to priority of the time of	6704
examination. If two or more applicants receive the same mark in an	6705
open competitive examination, priority in the time of filing the	6706
application with the director or the director's designee shall	6707
determine the order in which their names shall be placed on the	6708
eligible list, except that applicants eligible for veteran's	6709
preference under section 124.23 of the Revised Code shall receive	6710
priority in rank on the eligible list over nonveterans on the list	6711
with a rating equal to that of the veteran. Ties among veterans	6712
shall be decided by priority of filing the application.	6713

. An eligible list expires upon the filling or closing of the	6714
position. An expired eligible list may be used to fill a position	6715
of the same classification within the same appointing authority	6716
for which the list was created. But, in no event shall an expired	6717
list be used more than one year past its expiration date.	6718

Sec. 124.27. (A) Appointments to all positions in the	6719
classified civil service of the state, that are not filled by	6720
promotion, transfer, or reduction, as provided in sections 124.01	6721
to 124.64 of the Revised Code and the rules of the director	6722
prescribed under those sections, shall be made only from those	6723
persons whose names take rank order on an eligible list, and no	6724
employment, except as provided in those sections, shall be	6725
otherwise given in the classified civil service of this state or	6726
~~any political subdivision of the state~~. The appointing authority	6727
shall appoint in the following manner: each time a selection is	6728
made, it shall be from one of the names that ranks in the top	6729
twenty-five per cent of the eligible list. But, in the event that	6730
ten or fewer names are on the eligible list, the appointing	6731
authority may select any of the listed candidates, or if the top	6732
twenty-five per cent of the eligible list is ten or fewer names,	6733
the appointing authority may select from one of the names that	6734
rank in the top ten of the eligible list. Each person who	6735
qualifies for the veteran's preference under section 124.23 of the	6736
Revised Code, who is a resident of this state, and whose name is	6737
on the eligible list for a position is entitled to preference in	6738
original appointment to any such competitive position in the	6739
classified civil service of the state ~~and its civil divisions~~	6740
over all other persons who are eligible for those appointments and	6741
who are standing on the relevant eligible list with a rating equal	6742
to that of the person qualifying for the veteran's preference.	6743

(B) All original and promotional appointments in the civil	6744
service of the state, including appointments made pursuant to	6745
section 124.30 of the Revised Code, but not intermittent	6746
appointments, shall be for a probationary period, not less than	6747
sixty days nor more than one year, to be fixed by the rules of the	6748
director, except as provided in section 124.231 of the Revised	6749
Code, and except for original appointments to a police department	6750
as a police officer or to a fire department as a firefighter which	6751
shall be for a probationary period of one year. No appointment or	6752
promotion is final until the appointee has satisfactorily served	6753
the probationary period. If the service of the probationary	6754
employee is unsatisfactory, the employee may be removed or reduced	6755
at any time during the probationary period. If the appointing	6756
authority decides to remove a probationary employee in the service	6757
of the state, the appointing authority shall communicate the	6758
removal to the director. A probationary employee duly removed or	6759
reduced in position for unsatisfactory service does not have the	6760
right to appeal the removal or reduction under section 124.34 of	6761
the Revised Code.	6762

Sec. 124.30. (A) ~~Positions~~Classified positions in the	6763
~~classified~~civil service of the state may be filled without	6764
competition as follows:	6765

(1) Whenever there are urgent reasons for filling a vacancy	6766
in any position in the classified civil service of the state and	6767
the director of administrative services is unable to certify to	6768
the appointing authority, upon its request, a list of persons	6769
eligible for appointment to the position after a competitive	6770
examination, the appointing authority may fill the position by	6771
noncompetitive examination.	6772

A temporary appointment may be made without regard to the	6773
rules of sections 124.01 to 124.64 of the Revised Code. Except as	6774
otherwise provided in this division, the temporary appointment may	6775
not continue longer than one hundred twenty days, and in no case	6776
shall successive temporary appointments be made. A temporary	6777
appointment longer than one hundred twenty days may be made if	6778
necessary by reason of sickness, disability, or other approved	6779
leave of absence of regular officers or employees, in which case	6780
it may continue during the period of sickness, disability, or	6781
other approved leave of absence, subject to the rules of the	6782
director.	6783

(2) In case of a vacancy in a position in the classified	6784
civil service of the state where peculiar and exceptional	6785
qualifications of a scientific, managerial, professional, or	6786
educational character are required, and upon satisfactory evidence	6787
that for specified reasons competition in this special case is	6788
impracticable and that the position can best be filled by a	6789
selection of some designated person of high and recognized	6790
attainments in those qualities, the director may suspend the	6791
provisions of sections 124.01 to 124.64 of the Revised Code that	6792
require competition in this special case, but no suspension shall	6793
be general in its application. All such cases of suspension shall	6794
be reported in the annual report of the director with the reasons	6795
for each suspension. The director shall suspend the provisions	6796
when the director of job and family services provides the	6797
certification under section 5101.051 of the Revised Code that a	6798
position with the department of job and family services can best	6799
be filled if the provisions are suspended.	6800

(3) The acceptance or refusal by an eligible person of a	6801
temporary appointment shall not affect the person's standing on	6802
the eligible list for permanent appointment, nor shall the period	6803
of temporary service be counted as a part of the probationary	6804
service in case of subsequent appointment to a permanent position.	6805

(B) Persons who receive temporary or intermittent	6806
appointments are in the unclassified civil service and serve at	6807
the pleasure of their appointing authority.	6808

Sec. 124.31. Vacancies in positions in the classified civil	6809
service of the state shall be filled insofar as practicable by	6810
promotions. The director of administrative services shall provide	6811
in the director's rules for keeping a record of efficiency for	6812
each employee in the classified civil service of the state, and	6813
for making promotions in the classified civil service of the state	6814
on the basis of merit and by conduct and capacity in office.	6815

Sec. 125.082. (A) When purchasing equipment, materials, or	6816
supplies, the general assembly; the offices of all elected state	6817
officers; all departments, boards, offices, commissions, agencies,	6818
institutions, including, without limitation, state-supported	6819
institutions of higher education, and other instrumentalities of	6820
this state; the supreme court; all courts of appeals; and all	6821
courts of common pleas, may purchase recycled products in	6822
accordance with the guidelines adopted under division (B) of this	6823
section if the products are available and meet the performance	6824
specifications of the procuring entities. Purchases of recycled	6825
products shall comply with any rules adopted under division (C) of	6826
this section.	6827

(B) The director of administrative services shall adopt rules	6828
in accordance with Chapter 119. of the Revised Code establishing	6829
guidelines for the procurement of recycled products pursuant to	6830
division (A) of this section. To the extent practicable, the	6831
guidelines shall do all of the following:	6832

(1) Be consistent with and substantially equivalent to any	6833
relevant regulations adopted by the administrator of the United	6834
States environmental protection agency pursuant to the "Resource	6835
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	6836
6921, as amended;	6837

(2) Establish the minimum percentage of recycled materials	6838
the various products shall contain in order to be considered	6839
"recycled" for the purposes of division (A) of this section;	6840

(3) So far as practicable and economically feasible,	6841
incorporate specifications for recycled-content materials to	6842
promote the use and purchase of recycled products by state	6843
agencies.	6844

(C) The director may adopt rules in accordance with Chapter	6845
119. of the Revised Code establishing a maximum percentage by	6846
which the cost of recycled products purchased under division (A)	6847
of this section may exceed the cost of comparable products made of	6848
virgin materials.	6849

(D) The department of administrative services and the	6850
~~department of natural resources~~environmental protection agency	6851
annually shall prepare and submit to the governor, president of	6852
the senate, and speaker of the house of representatives a report	6853
that describes, so far as practicable, the value and types of	6854
recycled products that are purchased with moneys disbursed from	6855
the state treasury by the general assembly; the offices of all	6856
elected state officers; and all departments, boards, offices,	6857
commissions, agencies, and institutions of this state.	6858

Sec. 125.14. (A) The director of administrative services	6859
shall allocate any proceeds from the transfer, sale, or lease of	6860
excess and surplus supplies in the following manner:	6861

(1) Except as otherwise provided in division (A)(2) of this	6862
section, the proceeds of such a transfer, sale, or lease shall be	6863
paid into the state treasury to the credit of the investment	6864
recovery fund, which is hereby created.	6865

(2) Except as otherwise provided in division (A)(2) of this	6866
section, when supplies originally were purchased with funds from	6867
nongeneral revenue fund sources, the director shall determine what	6868
fund or account originally was used to purchase the supplies, and	6869
the credit for the proceeds from any transfer, sale, or lease of	6870
those supplies shall be transferred to that fund or account. If	6871
the director cannot determine which fund or account originally was	6872
used to purchase the supplies, if the fund or account is no longer	6873
active, or if the proceeds from the transfer, sale, or lease of a	6874
unit of supplies are less than one hundred dollars or any larger	6875
amount the director may establish with the approval of the	6876
director of budget and management, then the proceeds from the	6877
transfer, sale, or lease of such supplies shall be paid into the	6878
state treasury to the credit of the investment recovery fund.	6879

(B) The investment recovery fund shall be used to pay for the	6880
operating expenses of the state surplus property program. Any	6881
amounts in excess of these operating expenses shall periodically	6882
be transferred to the general revenue fund of the state. If	6883
proceeds paid into the investment recovery fund are insufficient	6884
to pay for the program's operating expenses, a service fee may be	6885
charged to state agencies to eliminate the deficit.	6886

(C) Proceeds from the sale of recyclable goods and materials	6887
shall be paid into the state treasury to the credit of the	6888
recycled materials fund, which is hereby created, except that the	6889
director of ~~natural resources~~environmental protection, upon	6890
request, may grant an exemption from this requirement. The ~~chief~~	6891
~~of the division of recycling and litter prevention in the~~	6892
~~department of natural resources~~director shall administer the fund	6893
for the benefit of recycling programs in state agencies.	6894

Sec. 126.14. The release of any money appropriated for the	6895
purchase of real estate shall be approved by the controlling	6896
board. The release of money appropriated for all other capital	6897
projects is also subject to the approval of the controlling board,	6898
except that the director of budget and management may approve the	6899
release of money appropriated for specific projects in accordance	6900
with the requirements of this section and except that the director	6901
of budget and management may approve the release of unencumbered	6902
capital balances, for a project to repair, remove, or prevent a	6903
public exigency declared to exist by the director of	6904
administrative services under section ~~123.15~~123.10 of the Revised	6905
Code, or by the executive director of the Ohio facilities	6906
construction commission under section 123.23 of the Revised Code,	6907
in the amount designated in that declaration.	6908

Within sixty days after the effective date of any act	6909
appropriating money for capital projects, the director shall	6910
determine which appropriations are for general projects and which	6911
are for specific projects. Specific projects may include specific	6912
higher education projects that are to be funded from general	6913
purpose appropriations from the higher education improvement fund	6914
created in section 154.21 of the Revised Code. Upon determining	6915
which projects are general and which are specific, the director	6916
shall submit to the controlling board a list that includes a brief	6917
description of and the estimated expenditures for each specific	6918
project. The release of money for any specific higher education	6919
projects that are to be funded from general purpose appropriations	6920
from the higher education improvement fund but that are not	6921
included on the list, and the release of money for any specific	6922
higher education projects included on the list that will exceed	6923
the estimated expenditures by more than ten per cent, are subject	6924
to the approval of the controlling board. The director may create	6925
new appropriation line items and make transfers of appropriations	6926
to them for specific higher education projects included on the	6927
list that are to be funded from general purpose appropriations for	6928
basic renovations that are made from the higher education	6929
improvement fund.	6930

Sec. 127.27. The controlling board shall approve all	6931
conveyances of land not needed by the state in accordance with	6932
section 123.01 of the Revised Code.	6933

Sec. 131.02. (A) Except as otherwise provided in section	6934
4123.37, section 5703.061, and division (K) of section 4123.511 of	6935
the Revised Code, whenever any amount is payable to the state, the	6936
officer, employee, or agent responsible for administering the law	6937
under which the amount is payable shall immediately proceed to	6938
collect the amount or cause the amount to be collected and shall	6939
pay the amount into the state treasury or into the appropriate	6940
custodial fund in the manner set forth pursuant to section 113.08	6941
of the Revised Code. Except as otherwise provided in this	6942
division, if the amount is not paid within forty-five days after	6943
payment is due, the officer, employee, or agent shall certify the	6944
amount due to the attorney general, in the form and manner	6945
prescribed by the attorney general, and notify the director of	6946
budget and management thereof. In the case of an amount payable by	6947
a student enrolled in a state institution of higher education, the	6948
amount shall be certified within the later of forty-five days	6949
after the amount is due or the tenth day after the beginning of	6950
the next academic semester, quarter, or other session following	6951
the session for which the payment is payable. The attorney general	6952
may assess the collection cost to the amount certified in such	6953
manner and amount as prescribed by the attorney general. If an	6954
amount payable to a political subdivision is past due, the	6955
political subdivision may, with the approval of the attorney	6956
general, certify the amount to the attorney general pursuant to	6957
this section.	6958

For the purposes of this section, the attorney general and	6959
the officer, employee, or agent responsible for administering the	6960
law under which the amount is payable shall agree on the time a	6961
payment is due, and that agreed upon time shall be one of the	6962
following times:	6963

(1) If a law, including an administrative rule, of this state	6964
prescribes the time a payment is required to be made or reported,	6965
when the payment is required by that law to be paid or reported.	6966

(2) If the payment is for services rendered, when the	6967
rendering of the services is completed.	6968

(3) If the payment is reimbursement for a loss, when the loss	6969
is incurred.	6970

(4) In the case of a fine or penalty for which a law or	6971
administrative rule does not prescribe a time for payment, when	6972
the fine or penalty is first assessed.	6973

(5) If the payment arises from a legal finding, judgment, or	6974
adjudication order, when the finding, judgment, or order is	6975
rendered or issued.	6976

(6) If the payment arises from an overpayment of money by the	6977
state to another person, when the overpayment is discovered.	6978

(7) The date on which the amount for which an individual is	6979
personally liable under section 5735.35, section 5739.33, or	6980
division (G) of section 5747.07 of the Revised Code is determined.	6981

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

6982

(9) Any other appropriate time determined by the attorney	6983
general and the officer, employee, or agent responsible for	6984
administering the law under which the amount is payable on the	6985
basis of statutory requirements or ordinary business processes of	6986
the state agency to which the payment is owed.	6987

(B)(1) The attorney general shall give immediate notice by	6988
mail or otherwise to the party indebted of the nature and amount	6989
of the indebtedness.	6990

(2) If the amount payable to this state arises from a tax	6991
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the	6992
Revised Code, the notice also shall specify all of the following:	6993

(a) The assessment or case number;

6994

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

6995

(c) The reason for the liability, including, if applicable,	6996
that a penalty or interest is due;	6997

(d) An explanation of how and when interest will be added to	6998
the amount assessed;	6999

(e) That the attorney general and tax commissioner, acting	7000
together, have the authority, but are not required, to compromise	7001
the claim and accept payment over a reasonable time, if such	7002
actions are in the best interest of the state.	7003

(C) The attorney general shall collect the claim or secure a	7004
judgment and issue an execution for its collection.	7005

(D) Each claim shall bear interest, from the day on which the	7006
claim became due, at the rate per annum required by section	7007
5703.47 of the Revised Code.	7008

(E) The attorney general and the chief officer of the agency	7009
reporting a claim, acting together, may do any of the following if	7010
such action is in the best interests of the state:	7011

(1) Compromise the claim;

7012

(2) Extend for a reasonable period the time for payment of	7013
the claim by agreeing to accept monthly or other periodic	7014
payments. The agreement may require security for payment of the	7015
claim.	7016

(3) Add fees to recover the cost of processing checks or	7017
other draft instruments returned for insufficient funds and the	7018
cost of providing electronic payment options.	7019

(F)(1) Except as provided in division (F)(2) of this section,	7020
if the attorney general finds, after investigation, that any claim	7021
due and owing to the state is uncollectible, the attorney general,	7022
with the consent of the chief officer of the agency reporting the	7023
claim, may do the following:	7024

(a) Sell, convey, or otherwise transfer the claim to one or	7025
more private entities for collection;	7026

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

7027

(2) The attorney general shall cancel or cause to be canceled	7028
an unsatisfied claim on the date that is forty years after the	7029
date the claim is certified.	7030

(3) No initial action shall be commenced to collect any tax	7031
payable to the state that is administered by the tax commissioner,	7032
whether or not such tax is subject to division (B) of this	7033
section, or any penalty, interest, or additional charge on such	7034
tax, after the expiration of the period ending on the later of the	7035
dates specified in divisions (F)(3)(a) and (b) of this section,	7036
provided that such period shall be extended by the period of any	7037
stay to such collection or by any other period to which the	7038
parties mutually agree. If the initial action in aid of execution	7039
is commenced before the later of the dates specified in divisions	7040
(F)(3)(a) and (b) of this section, any and all subsequent actions	7041
may be pursued in aid of execution of judgment for as long as the	7042
debt exists.	7043

(a) Seven years after the assessment of the tax, penalty,	7044
interest, or additional charge is issued.	7045

(b) Four years after the assessment of the tax, penalty,	7046
interest, or additional charge becomes final. For the purposes of	7047
division (F)(3)(b) of this section, the assessment becomes final	7048
at the latest of the following: upon expiration of the period to	7049
petition for reassessment, or if applicable, to appeal a final	7050
determination of the commissioner or decision of the board of tax	7051
appeals or a court, or, if applicable, upon decision of the United	7052
States supreme court.	7053

For the purposes of division (F)(3) of this section, an	7054
initial action to collect a tax debt is commenced at the time when	7055
any action, including any action in aid of execution on a	7056
judgment, commences after a certified copy of the tax	7057
commissioner's entry making an assessment final has been filed in	7058
the office of the clerk of court of common pleas in the county in	7059
which the taxpayer resides or has its principal place of business	7060
in this state, or in the office of the clerk of court of common	7061
pleas of Franklin county, as provided in section 5739.13, 5741.14,	7062
5747.13, or 5751.09 of the Revised Code or in any other applicable	7063
law requiring such a filing. If an assessment has not been issued	7064
and there is no time limitation on the issuance of an assessment	7065
under applicable law, an action to collect a tax debt commences	7066
when the action is filed in the courts of this state to collect	7067
the liability.	7068

(4) If information contained in a claim that is sold,	7069
conveyed, or transferred to a private entity pursuant to this	7070
section is confidential pursuant to federal law or a section of	7071
the Revised Code that implements a federal law governing	7072
confidentiality, such information remains subject to that law	7073
during and following the sale, conveyance, or transfer.	7074

Sec. 140.01. As used in this chapter:

7075

(A) "Hospital agency" means any public hospital agency or any	7076
nonprofit hospital agency.	7077

(B) "Public hospital agency" means any county, board of	7078
county hospital trustees established pursuant to section 339.02 of	7079
the Revised Code, county hospital commission established pursuant	7080
to section 339.14 of the Revised Code, municipal corporation, new	7081
community authority organized under Chapter 349. of the Revised	7082
Code, joint township hospital district, state or municipal	7083
university or college operating or authorized to operate a	7084
hospital facility, or the state.	7085

(C) "Nonprofit hospital agency" means a corporation or	7086
association not for profit, no part of the net earnings of which	7087
inures or may lawfully inure to the benefit of any private	7088
shareholder or individual, that has authority to own or operate a	7089
hospital facility or provides or is to provide services to one or	7090
more other hospital agencies.	7091

(D) "Governing body" means, in the case of a county, the	7092
board of county commissioners or other legislative body; in the	7093
case of a board of county hospital trustees, the board; in the	7094
case of a county hospital commission, the commission; in the case	7095
of a municipal corporation, the council or other legislative	7096
authority; in the case of a new community authority, its board of	7097
trustees; in the case of a joint township hospital district, the	7098
joint township district hospital board; in the case of a state or	7099
municipal university or college, its board of trustees or board of	7100
directors; in the case of a nonprofit hospital agency, the board	7101
of trustees or other body having general management of the agency;	7102
and, in the case of the state, the director of development or the	7103
Ohio higher educational facility commission.	7104

(E) "Hospital facilities" means buildings, structures and	7105
other improvements, additions thereto and extensions thereof,	7106
furnishings, equipment, and real estate and interests in real	7107
estate, used or to be used for or in connection with one or more	7108
hospitals, emergency, intensive, intermediate, extended,	7109
long-term, or self-care facilities, diagnostic and treatment and	7110
out-patient facilities, facilities related to programs for home	7111
health services, clinics, laboratories, public health centers,	7112
research facilities, and rehabilitation facilities, for or	7113
pertaining to diagnosis, treatment, care, or rehabilitation of	7114
sick, ill, injured, infirm, impaired, disabled, or handicapped	7115
persons, or the prevention, detection, and control of disease, and	7116
also includes education, training, and food service facilities for	7117
health professions personnel, housing facilities for such	7118
personnel and their families, and parking and service facilities	7119
in connection with any of the foregoing; and includes any one,	7120
part of, or any combination of the foregoing; and further includes	7121
site improvements, utilities, machinery, facilities, furnishings,	7122
and any separate or connected buildings, structures, improvements,	7123
sites, utilities, facilities, or equipment to be used in, or in	7124
connection with the operation or maintenance of, or supplementing	7125
or otherwise related to the services or facilities to be provided	7126
by, any one or more of such hospital facilities.	7127

(F) "Costs of hospital facilities" means the costs of	7128
acquiring hospital facilities or interests in hospital facilities,	7129
including membership interests in nonprofit hospital agencies,	7130
costs of constructing hospital facilities, costs of improving one	7131
or more hospital facilities, including reconstructing,	7132
rehabilitating, remodeling, renovating, and enlarging, costs of	7133
equipping and furnishing such facilities, and all financing costs	7134
pertaining thereto, including, without limitation thereto, costs	7135
of engineering, architectural, and other professional services,	7136
designs, plans, specifications and surveys, and estimates of cost,	7137
costs of tests and inspections, the costs of any indemnity or	7138
surety bonds and premiums on insurance, all related direct or	7139
allocable administrative expenses pertaining thereto, fees and	7140
expenses of trustees, depositories, and paying agents for the	7141
obligations, cost of issuance of the obligations and financing	7142
charges and fees and expenses of financial advisors, attorneys,	7143
accountants, consultants and rating services in connection	7144
therewith, capitalized interest on the obligations, amounts	7145
necessary to establish reserves as required by the bond	7146
proceedings, the reimbursement of all moneys advanced or applied	7147
by the hospital agency or others or borrowed from others for the	7148
payment of any item or items of costs of such facilities, and all	7149
other expenses necessary or incident to planning or determining	7150
feasibility or practicability with respect to such facilities, and	7151
such other expenses as may be necessary or incident to the	7152
acquisition, construction, reconstruction, rehabilitation,	7153
remodeling, renovation, enlargement, improvement, equipment, and	7154
furnishing of such facilities, the financing thereof, and the	7155
placing of the same in use and operation, including any one, part	7156
of, or combination of such classes of costs and expenses, and	7157
means the costs of refinancing obligations issued by, or	7158
reimbursement of money advanced by, nonprofit hospital agencies or	7159
others the proceeds of which were used for the payment of costs of	7160
hospital facilities, if the governing body of the public hospital	7161
agency determines that the refinancing or reimbursement advances	7162
the purposes of this chapter, whether or not the refinancing or	7163
reimbursement is in conjunction with the acquisition or	7164
construction of additional hospital facilities.	7165

(G) "Hospital receipts" means all moneys received by or on	7166
behalf of a hospital agency from or in connection with the	7167
ownership, operation, acquisition, construction, improvement,	7168
equipping, or financing of any hospital facilities, including,	7169
without limitation thereto, any rentals and other moneys received	7170
from the lease, sale, or other disposition of hospital facilities,	7171
and any gifts, grants, interest subsidies, or other moneys	7172
received under any federal program for assistance in financing the	7173
costs of hospital facilities, and any other gifts, grants, and	7174
donations, and receipts therefrom, available for financing the	7175
costs of hospital facilities.	7176

(H) "Obligations" means bonds, notes, or other evidences of	7177
indebtedness or obligation, including interest coupons pertaining	7178
thereto, issued or issuable by a public hospital agency to pay	7179
costs of hospital facilities.	7180

(I) "Bond service charges" means principal, interest, and	7181
call premium, if any, required to be paid on obligations.	7182

(J) "Bond proceedings" means one or more ordinances,	7183
resolutions, trust agreements, indentures, and other agreements or	7184
documents, and amendments and supplements to the foregoing, or any	7185
combination thereof, authorizing or providing for the terms,	7186
including any variable interest rates, and conditions applicable	7187
to, or providing for the security of, obligations and the	7188
provisions contained in such obligations.	7189

(K) "Nursing home" has the same meaning as in division (A)(1)	7190
of section 5701.13 of the Revised Code.	7191

(L) "Residential care facility" has the same meaning as in	7192
division (A)(2) of section 5701.13 of the Revised Code.	7193

(M) ~~"Adult care facility" has the same meaning as in division~~	7194
~~(A)(3) of section 5701.13 of the Revised Code.~~	7195

~~(N)~~ "Independent living facility" means any self-care	7196
facility or other housing facility designed or used as a residence	7197
for elderly persons. An "independent living facility" does not	7198
include a residential facility, or that part of a residential	7199
facility, that is any of the following:	7200

(1) A hospital required to be certified by section 3727.02 of	7201
the Revised Code;	7202

(2) A nursing home or residential care facility;

7203

(3) ~~An adult care facility;~~

7204

~~(4)~~ A facility operated by a hospice care program licensed	7205
under section 3712.04 of the Revised Code and used for the	7206
program's hospice patients;	7207

(4) A residential facility licensed by the department of	7208
mental health under section 5119.22 of the Revised Code that	7209
provides accommodations, supervision, and personal care services	7210
for three to sixteen unrelated adults;	7211

(5) A residential facility ~~for the mentally ill~~ licensed by	7212
the department of mental health under section 5119.22 of the	7213
Revised Code that is not a residential facility described in	7214
division (M)(4) of this section;	7215

(6) A facility licensed to provide methadone treatment under	7216
section 3793.11 of the Revised Code;	7217

(7) A facility certified as an alcohol and drug addiction	7218
program under section 3793.06 of the Revised Code;	7219

(8) A residential facility licensed under section 5123.19 of	7220
the Revised Code or a facility providing services under a contract	7221
with the department of developmental disabilities under section	7222
5123.18 of the Revised Code;	7223

(9) A residential facility used as part of a hospital to	7224
provide housing for staff of the hospital or students pursuing a	7225
course of study at the hospital.	7226

Sec. 140.03. (A) Two or more hospital agencies may enter	7227
into agreements for the acquisition, construction, reconstruction,	7228
rehabilitation, remodeling, renovating, enlarging, equipping, and	7229
furnishing of hospital facilities, or the management, operation,	7230
occupancy, use, maintenance, and repair of hospital facilities, or	7231
for participation in programs, projects, activities, and services	7232
useful to, connected with, supplementing, or otherwise related to	7233
the services provided by, or the operation of, hospital facilities	7234
operated by one or more participating hospital agencies, including	7235
any combination of such purposes, all in such manner as to promote	7236
the public purpose stated in section 140.02 of the Revised Code. A	7237
city health district; general health district; board of alcohol,	7238
drug addiction, and mental health services; county board of	7239
developmental disabilities; the department of mental health; the	7240
department of developmental disabilities; or any public body	7241
engaged in the education or training of health professions	7242
personnel may join in any such agreement for purposes related to	7243
its authority under laws applicable to it, and as such a	7244
participant shall be considered a public hospital agency or	7245
hospital agency for the purposes of this section.	7246

(B) An agreement entered into under authority of this section	7247
shall, where appropriate, provide for:	7248

(1) The manner in which the title to the hospital facilities,	7249
including the sites and interest in real estate pertaining	7250
thereto, is to be held, transferred, or disposed of;	7251

(2) Unless provided for by lease pursuant to section 140.05	7252
of the Revised Code, the method by which such hospital facilities	7253
are to be acquired, constructed, or otherwise improved and by	7254
which they shall be managed, occupied, maintained, and repaired,	7255
including the designation of one of the hospital agencies to have	7256
charge of the details of acquisition, construction, or improvement	7257
pursuant to the contracting procedures prescribed under the law	7258
applicable to one of the participating public hospital agencies;	7259

(3) The management or administration of any such programs,	7260
projects, activities, or services, which may include management or	7261
administration by one of said hospital agencies or a board or	7262
agency thereof;	7263

(4) Annual, or more frequent, reports to the participating	7264
hospital agencies as to the revenues and receipts pertaining to	7265
the subject of the agreement, the expenditures thereof, the status	7266
and application of other funds contributed under such agreement,	7267
and such other matters as may be specified by or pursuant to such	7268
agreement;	7269

(5) The manner of apportionment or sharing of costs of	7270
hospital facilities, any other applicable costs of management,	7271
operation, maintenance, and repair of hospital facilities, and	7272
costs for the programs, projects, activities, and services forming	7273
the subject of the agreement, which apportionment or sharing may	7274
be prescribed in fixed amounts, or determined by ratios, formulas,	7275
or otherwise, and paid as service charges, rentals, or in such	7276
other manner as provided in the agreement, and may include amounts	7277
sufficient to meet the bond service charges and other payments and	7278
deposits required under the bond proceedings for obligations	7279
issued to pay costs of hospital facilities. A hospital agency may	7280
commit itself to make such payments at least for so long as any	7281
such obligations are outstanding. In the apportionment, different	7282
classes of costs or expenses may be apportioned to one or more,	7283
all or less than all, of the participating hospital agencies as	7284
determined under such agreement.	7285

(C) An agreement entered into under authority of this section	7286
may provide for:	7287

(1) An orderly process for making determinations or advising	7288
as to planning, execution, implementation, and operation, which	7289
may include designating one of the hospital agencies, or a board	7290
thereof, for any of such purposes, provisions for a committee,	7291
board, or commission, and for representation thereon, or as may	7292
otherwise be provided;	7293

(2) Securing necessary personnel, including participation of	7294
personnel from the respective hospital agencies;	7295

(3) Standards or conditions for the admission or	7296
participation of patients and physicians;	7297

(4) Conditions for admittance of other hospital agencies to	7298
participation under the agreement;	7299

(5) Fixing or establishing the method of determining charges	7300
to be made for particular services;	7301

(6) The manner of amending, supplementing, terminating, or	7302
withdrawal or removal of any party from, the agreement, and the	7303
term of the agreement, or an indefinite term;	7304

(7) Designation of the applicants for or recipients of any	7305
federal, state, or other aid, assistance, or loans available by	7306
reason of any activities conducted under the agreement;	7307

(8) Designation of one or more of the participating hospital	7308
agencies to maintain, prepare, and submit, on behalf of all	7309
parties to the agreement, any or all records and reports with	7310
regard to the activities conducted under the agreement;	7311

(9) Any incidental use of the hospital facilities, or	7312
services thereof, by participating public hospital agencies for	7313
any of their lawful purposes, which incidental use does not impair	7314
the character of the facilities as hospital facilities for any	7315
purpose of this chapter;	7316

(10) Such other matters as the parties thereto may agree upon	7317
for the purposes of division (A) of this section.	7318

(D) For the purpose of paying or contributing its share under	7319
an agreement made under this section, a public hospital agency	7320
may:	7321

(1) Expend any moneys from its general fund, and from any	7322
other funds not otherwise restricted by law, but including funds	7323
for permanent improvements of hospital facilities of such public	7324
hospital agency where the contribution is to be made toward the	7325
costs of hospital facilities under the agreement, and including	7326
funds derived from levies for, or receipts available for,	7327
operating expenses of hospital facilities or services of such	7328
public hospital agency where the contribution or payment is to be	7329
made toward operating expenses of the hospital facilities or	7330
services under the agreement or for the services provided thereby;	7331

(2) Issue obligations under Chapter 133. or section 140.06,	7332
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	7333
3 of Article XVIII, Ohio Constitution, if applicable to such	7334
public hospital agency, to pay costs of hospital facilities, or	7335
issue obligations under any other provision of law authorizing	7336
such public hospital agency to issue obligations for any costs of	7337
hospital facilities;	7338

(3) Levy taxes under Chapter 5705. or section 513.13 or	7339
3709.29 of the Revised Code, if applicable to such public hospital	7340
agency, provided that the purpose of such levy may include the	7341
provision of funds for either or both permanent improvements and	7342
current expenses if required for the contribution or payment of	7343
such hospital agency under such agreement, and each such public	7344
hospital agency may issue notes in anticipation of any such levy,	7345
pursuant to the procedures provided in section 5705.191 of the	7346
Revised Code if the levy is solely for current expenses, and in	7347
section 5705.193 of the Revised Code if the levy is all or in part	7348
for permanent improvements;	7349

(4) Contribute real and personal property or interest therein	7350
without necessity for competitive bidding or public auction on	7351
disposition of such property.	7352

(E) Any funds provided by public hospital agencies that are	7353
parties to an agreement entered into under this section shall be	7354
transferred to and placed in a separate fund or funds of such	7355
participating public hospital agency as is designated under the	7356
agreement. The funds shall be applied for the purposes provided in	7357
such agreement and are subject to audit. Pursuant to any	7358
determinations to be made under such agreement, the funds shall be	7359
deposited, invested, and disbursed under the provisions of law	7360
applicable to the public hospital agency in whose custody the	7361
funds are held. This division is subject to the provisions of any	7362
applicable bond proceedings under section 133.08, 140.06, 339.15,	7363
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	7364
Constitution. The records and reports of such public hospital	7365
agency under Chapter 117. of the Revised Code and sections 3702.51	7366
to 3702.62 of the Revised Code, with respect to the funds shall be	7367
sufficient without necessity for reports thereon by the other	7368
public hospital agencies participating under such agreement.	7369

(F)(1) Prior to its entry into any such agreement, the public	7370
hospital agency must determine, and set forth in a resolution or	7371
ordinance, that the contribution to be made by it under such	7372
agreement will be fair consideration for value and benefit to be	7373
derived by it under such agreement and that the agreement will	7374
promote the public purpose stated in section 140.02 of the Revised	7375
Code.	7376

(2) If the agreement is with a board of county commissioners,	7377
board of county hospital trustees, or county hospital commission	7378
and is an initial agreement for the acquisition or operation of a	7379
county hospital operated by a board of county hospital trustees	7380
under section 339.06 of the Revised Code, the governing body of	7381
the public hospital agency shall submit the agreement, accompanied	7382
by the resolution or ordinance, to the board of county	7383
commissioners for review pursuant to section 339.091 of the	7384
Revised Code. The agreement may be entered into only if the board	7385
of county commissioners adopts a resolution under that section.	7386
The requirements of division (F)(2) of this section do not apply	7387
to the agreement if one or more hospitals classified as general	7388
hospitals by the ~~public~~director of health ~~council~~ under section	7389
3701.07 of the Revised Code are operating in the same county as	7390
the county hospital.	7391

Sec. 140.05. (A)(1) A public hospital agency may lease any	7392
hospital facility to one or more hospital agencies for use as a	7393
hospital facility, or to one or more city or general health	7394
districts; boards of alcohol, drug addiction, and mental health	7395
services; county boards of developmental disabilities; the	7396
department of mental health; or the department of developmental	7397
disabilities, for uses which they are authorized to make thereof	7398
under the laws applicable to them, or any combination of them, and	7399
they may lease such facilities to or from a hospital agency for	7400
such uses, upon such terms and conditions as are agreed upon by	7401
the parties. Such lease may be for a term of fifty years or less	7402
and may provide for an option of the lessee to renew for a term of	7403
fifty years or less, as therein set forth. Prior to entering into	7404
such lease, the governing body of any public hospital agency	7405
granting such lease must determine, and set forth in a resolution	7406
or ordinance, that such lease will promote the public purpose	7407
stated in section 140.02 of the Revised Code and that the lessor	7408
public hospital agency will be duly benefited thereby.	7409

(2) If the lease is with a board of county commissioners,	7410
board of county hospital trustees, or county hospital commission	7411
and is an agreement for the initial lease of a county hospital	7412
operated by a board of county hospital trustees under section	7413
339.06 of the Revised Code, the governing body of the public	7414
hospital agency shall submit the agreement, accompanied by the	7415
resolution or ordinance, to the board of county commissioners for	7416
review pursuant to section 339.091 of the Revised Code. The	7417
agreement may be entered into only if the board of county	7418
commissioners adopts a resolution under that section. The	7419
requirements of division (A)(2) of this section do not apply to	7420
the lease if one or more hospitals classified as general hospitals	7421
by the ~~public~~director of health ~~council~~ under section 3701.07 of	7422
the Revised Code are operating in the same county as the county	7423
hospital.	7424

(B) Any lease entered into pursuant to this section shall	7425
provide that in the event that the lessee fails faithfully and	7426
efficiently to administer, maintain, and operate such leased	7427
facilities as hospital facilities, or fails to provide the	7428
services thereof without regard to race, creed, color, or national	7429
origin, or fails to require that any hospital agency using such	7430
facilities or the services thereof shall not discriminate by	7431
reason of race, creed, color, or national origin, after an	7432
opportunity to be heard upon written charges, said lease may be	7433
terminated at the time, in the manner and with consequences	7434
therein provided. If any such lease does not contain terms to the	7435
effect provided in this division, it shall nevertheless be deemed	7436
to contain such terms which shall be implemented as determined by	7437
the governing body of the lessor.	7438

(C) Such lease may provide for rentals commencing at any time	7439
agreed upon, or advance rental, and continuing for such period	7440
therein provided, notwithstanding and without diminution, rebate,	7441
or setoff by reason of time of availability of the hospital	7442
facility for use, delays in construction, failure of completion,	7443
damage or destruction of the hospital facilities, or for any other	7444
reason.	7445

(D) Such lease may provide for the sale or transfer of title	7446
of the leased facilities pursuant to an option to purchase,	7447
lease-purchase, or installment purchase upon terms therein	7448
provided or to be determined as therein provided, which may	7449
include provision for the continued use thereof as a hospital	7450
facility for some reasonable period, taking into account efficient	7451
useful life and other factors, as is provided therein.	7452

(E) Such lease may be entered as part of or in connection	7453
with an agreement pursuant to section 140.03 of the Revised Code.	7454
Any hospital facilities which are the subject of an agreement	7455
entered into under section 140.03 of the Revised Code may be	7456
leased pursuant to this section.	7457

(F) If land acquired by a public hospital agency for a	7458
hospital facility is adjacent to an existing hospital facility	7459
owned by another hospital agency, the public hospital agency may,	7460
in connection with such acquisition or the leasing of such land	7461
and hospital facilities thereon to one or more hospital agencies,	7462
enter into an agreement with the hospital agency which owns such	7463
adjacent hospital facility for the use of common walls in the	7464
construction, operation, or maintenance of hospital facilities of	7465
the public hospital agency. For the purpose of construction,	7466
operation, or maintenance of hospital facilities, a public	7467
hospital agency may acquire by purchase, gift, lease, lease with	7468
option to purchase, lease-purchase, or installment purchase,	7469
easement deed, or other agreement, real estate and interests in	7470
real estate, including rights to use space over, under or upon	7471
real property owned by others, and support, access, common wall,	7472
and other rights in connection therewith. Any public hospital	7473
agency or other political subdivision or any public agency, board,	7474
commission, institution, body, or instrumentality may grant such	7475
real estate, interests, or rights to any hospital agency upon such	7476
terms as are agreed upon without necessity for competitive bidding	7477
or public auction.	7478

Sec. 140.08. (A) Except as otherwise provided in divisions	7479
(B)(1) and (2) of this section, all hospital facilities purchased,	7480
acquired, constructed, or owned by a public hospital agency, or	7481
financed in whole or in part by obligations issued by a public	7482
hospital agency, and used, or to be used when completed, as	7483
hospital facilities, and the income therefrom, are exempt from all	7484
taxation within this state, including ad valorem and excise taxes,	7485
notwithstanding any other provisions of law, and hospital agencies	7486
are exempt from taxes levied under Chapters 5739. and 5741. of the	7487
Revised Code. The obligations issued hereafter under section	7488
133.08, 140.06, or 339.15 of the Revised Code or Section 3 of	7489
Article XVIII, Ohio Constitution, to pay costs of hospital	7490
facilities or to refund such obligations, and the transfer	7491
thereof, and the interest and other income from such obligations,	7492
including any profit made on the sale thereof, is free from	7493
taxation within the state.	7494

(B)(1) Division (A) of this section does not exempt	7495
independent living facilities from taxes levied on property or	7496
taxes levied under Chapters 5739. and 5741. of the Revised Code.	7497
If an independent living facility or part of such facility becomes	7498
~~an adult care facility, nursing home, or residential care facility~~	7499
on or after January 10, 1991, a nursing home, residential care	7500
facility, or residential facility described in division (M)(4) of	7501
section 140.01 of the Revised Code, that part of the independent	7502
living facility that is ~~an adult care facility,~~a nursing home, or	7503
residential care facility, or residential facility described in	7504
division (M)(4) of section 140.01 of the Revised Code is exempt	7505
from taxation subject to division (B)(2) of this section on and	7506
after the date it becomes ~~an adult care facility,~~a nursing home,	7507
or residential care facility, or residential facility described in	7508
division (M)(4) of section 140.01 of the Revised Code.	7509

(2) Division (A) of this section exempts nursing homes,	7510
residential care facilities, and ~~adult care~~residential facilities	7511
described in division (M)(4) of section 140.01 of the Revised Code	7512
from taxes levied on property and taxes levied under Chapters	7513
5739. and 5741. of the Revised Code only until all obligations	7514
issued to finance such homes or facilities, or all refunding or	7515
series of refundings of those obligations, are redeemed or	7516
otherwise retired.	7517

Sec. 145.01. As used in this chapter:

7518

(A) "Public employee" means:

7519

(1) Any person holding an office, not elective, under the	7520
state or any county, township, municipal corporation, park	7521
district, conservancy district, sanitary district, health	7522
district, metropolitan housing authority, state retirement board,	7523
Ohio historical society, public library, county law library, union	7524
cemetery, joint hospital, institutional commissary, state	7525
university, or board, bureau, commission, council, committee,	7526
authority, or administrative body as the same are, or have been,	7527
created by action of the general assembly or by the legislative	7528
authority of any of the units of local government named in	7529
division (A)(1) of this section, or employed and paid in whole or	7530
in part by the state or any of the authorities named in division	7531
(A)(1) of this section in any capacity not covered by section	7532
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	7533

(2) A person who is a member of the public employees	7534
retirement system and who continues to perform the same or similar	7535
duties under the direction of a contractor who has contracted to	7536
take over what before the date of the contract was a publicly	7537
operated function. The governmental unit with which the contract	7538
has been made shall be deemed the employer for the purposes of	7539
administering this chapter.	7540

(3) Any person who is an employee of a public employer,	7541
notwithstanding that the person's compensation for that employment	7542
is derived from funds of a person or entity other than the	7543
employer. Credit for such service shall be included as total	7544
service credit, provided that the employee makes the payments	7545
required by this chapter, and the employer makes the payments	7546
required by sections 145.48 and 145.51 of the Revised Code.	7547

(4) A person who elects in accordance with section 145.015 of	7548
the Revised Code to remain a contributing member of the public	7549
employees retirement system.	7550

(5) A person who is an employee of the legal rights service	7551
on September 30, 2012, and continues to be employed by the	7552
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	7553
153 of the 129th general assembly. The nonprofit entity is the	7554
employer for the purpose of this chapter.	7555

In all cases of doubt, the public employees retirement board	7556
shall determine whether any person is a public employee, and its	7557
decision is final.	7558

(B) "Member" means any public employee, other than a public	7559
employee excluded or exempted from membership in the retirement	7560
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	7561
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	7562
retirant who becomes a member under division (C) of section 145.38	7563
of the Revised Code. "Member" also includes a disability benefit	7564
recipient.	7565

(C) "Head of the department" means the elective or appointive	7566
head of the several executive, judicial, and administrative	7567
departments, institutions, boards, and commissions of the state	7568
and local government as the same are created and defined by the	7569
laws of this state or, in case of a charter government, by that	7570
charter.	7571

(D) "Employer" or "public employer" means the state or any	7572
county, township, municipal corporation, park district,	7573
conservancy district, sanitary district, health district,	7574
metropolitan housing authority, state retirement board, Ohio	7575
historical society, public library, county law library, union	7576
cemetery, joint hospital, institutional commissary, state medical	7577
university, state university, or board, bureau, commission,	7578
council, committee, authority, or administrative body as the same	7579
are, or have been, created by action of the general assembly or by	7580
the legislative authority of any of the units of local government	7581
named in this division not covered by section 742.01, 3307.01,	7582
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	7583
means the employer of any public employee.	7584

(E) "Prior service" means all service as a public employee	7585
rendered before January 1, 1935, and all service as an employee of	7586
any employer who comes within the state teachers retirement system	7587
or of the school employees retirement system or of any other	7588
retirement system established under the laws of this state	7589
rendered prior to January 1, 1935, provided that if the employee	7590
claiming the service was employed in any capacity covered by that	7591
other system after that other system was established, credit for	7592
the service may be allowed by the public employees retirement	7593
system only when the employee has made payment, to be computed on	7594
the salary earned from the date of appointment to the date	7595
membership was established in the public employees retirement	7596
system, at the rate in effect at the time of payment, and the	7597
employer has made payment of the corresponding full liability as	7598
provided by section 145.44 of the Revised Code. "Prior service"	7599
also means all service credited for active duty with the armed	7600
forces of the United States as provided in section 145.30 of the	7601
Revised Code.	7602

If an employee who has been granted prior service credit by	7603
the public employees retirement system for service rendered prior	7604
to January 1, 1935, as an employee of a board of education	7605
establishes, before retirement, one year or more of contributing	7606
service in the state teachers retirement system or school	7607
employees retirement system, then the prior service ceases to be	7608
the liability of this system.	7609

If the board determines that a position of any member in any	7610
calendar year prior to January 1, 1935, was a part-time position,	7611
the board shall determine what fractional part of a year's credit	7612
shall be allowed by the following formula:	7613

(1) When the member has been either elected or appointed to	7614
an office the term of which was two or more years and for which an	7615
annual salary is established, the fractional part of the year's	7616
credit shall be computed as follows:	7617

First, when the member's annual salary is one thousand	7618
dollars or less, the service credit for each such calendar year	7619
shall be forty per cent of a year.	7620

Second, for each full one hundred dollars of annual salary	7621
above one thousand dollars, the member's service credit for each	7622
such calendar year shall be increased by two and one-half per	7623
cent.	7624

(2) When the member is paid on a per diem basis, the service	7625
credit for any single year of the service shall be determined by	7626
using the number of days of service for which the compensation was	7627
received in any such year as a numerator and using two hundred	7628
fifty days as a denominator.	7629

(3) When the member is paid on an hourly basis, the service	7630
credit for any single year of the service shall be determined by	7631
using the number of hours of service for which the compensation	7632
was received in any such year as a numerator and using two	7633
thousand hours as a denominator.	7634

(F) "Contributor" means any person who has an account in the	7635
employees' savings fund created by section 145.23 of the Revised	7636
Code. When used in the sections listed in division (B) of section	7637
145.82 of the Revised Code, "contributor" includes any person	7638
participating in a PERS defined contribution plan.	7639

(G) "Beneficiary" or "beneficiaries" means the estate or a	7640
person or persons who, as the result of the death of a member,	7641
contributor, or retirant, qualify for or are receiving some right	7642
or benefit under this chapter.	7643

(H)(1) "Total service credit," except as provided in section	7644
145.37 of the Revised Code, means all service credited to a member	7645
of the retirement system since last becoming a member, including	7646
restored service credit as provided by section 145.31 of the	7647
Revised Code; credit purchased under sections 145.293 and 145.299	7648
of the Revised Code; all the member's prior service credit; all	7649
the member's military service credit computed as provided in this	7650
chapter; all service credit established pursuant to section	7651
145.297 of the Revised Code; and any other service credited under	7652
this chapter. In addition, "total service credit" includes any	7653
period, not in excess of three years, during which a member was	7654
out of service and receiving benefits under Chapters 4121. and	7655
4123. of the Revised Code. For the exclusive purpose of satisfying	7656
the service credit requirement and of determining eligibility for	7657
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36,	7658
and 145.361 of the Revised Code, "five or more years of total	7659
service credit" means sixty or more calendar months of	7660
contributing service in this system.	7661

(2) "One and one-half years of contributing service credit,"	7662
as used in division (B) of section 145.45 of the Revised Code,	7663
also means eighteen or more calendar months of employment by a	7664
municipal corporation that formerly operated its own retirement	7665
plan for its employees or a part of its employees, provided that	7666
all employees of that municipal retirement plan who have eighteen	7667
or more months of such employment, upon establishing membership in	7668
the public employees retirement system, shall make a payment of	7669
the contributions they would have paid had they been members of	7670
this system for the eighteen months of employment preceding the	7671
date membership was established. When that payment has been made	7672
by all such employee members, a corresponding payment shall be	7673
paid into the employers' accumulation fund by that municipal	7674
corporation as the employer of the employees.	7675

(3) Where a member also is a member of the state teachers	7676
retirement system or the school employees retirement system, or	7677
both, except in cases of retirement on a combined basis pursuant	7678
to section 145.37 of the Revised Code or as provided in section	7679
145.383 of the Revised Code, service credit for any period shall	7680
be credited on the basis of the ratio that contributions to the	7681
public employees retirement system bear to total contributions in	7682
all state retirement systems.	7683

(4) Not more than one year of credit may be given for any	7684
period of twelve months.	7685

(5) "Ohio service credit" means credit for service that was	7686
rendered to the state or any of its political subdivisions or any	7687
employer.	7688

(I) "Regular interest" means interest at any rates for the	7689
respective funds and accounts as the public employees retirement	7690
board may determine from time to time.	7691

(J) "Accumulated contributions" means the sum of all amounts	7692
credited to a contributor's individual account in the employees'	7693
savings fund together with any interest credited to the	7694
contributor's account under section 145.471 or 145.472 of the	7695
Revised Code.	7696

(K)(1) "Final average salary" means the quotient obtained by	7697
dividing by three the sum of the three full calendar years of	7698
contributing service in which the member's earnable salary was	7699
highest, except that if the member has a partial year of	7700
contributing service in the year the member's employment	7701
terminates and the member's earnable salary for the partial year	7702
is higher than for any comparable period in the three years, the	7703
member's earnable salary for the partial year shall be substituted	7704
for the member's earnable salary for the comparable period during	7705
the three years in which the member's earnable salary was lowest.	7706

(2) If a member has less than three years of contributing	7707
service, the member's final average salary shall be the member's	7708
total earnable salary divided by the total number of years,	7709
including any fraction of a year, of the member's contributing	7710
service.	7711

(3) For the purpose of calculating benefits payable to a	7712
member qualifying for service credit under division (Z) of this	7713
section, "final average salary" means the total earnable salary on	7714
which contributions were made divided by the total number of years	7715
during which contributions were made, including any fraction of a	7716
year. If contributions were made for less than twelve months,	7717
"final average salary" means the member's total earnable salary.	7718

(L) "Annuity" means payments for life derived from	7719
contributions made by a contributor and paid from the annuity and	7720
pension reserve fund as provided in this chapter. All annuities	7721
shall be paid in twelve equal monthly installments.	7722

(M) "Annuity reserve" means the present value, computed upon	7723
the basis of the mortality and other tables adopted by the board,	7724
of all payments to be made on account of any annuity, or benefit	7725
in lieu of any annuity, granted to a retirant as provided in this	7726
chapter.	7727

(N)(1) "Disability retirement" means retirement as provided	7728
in section 145.36 of the Revised Code.	7729

(2) "Disability allowance" means an allowance paid on account	7730
of disability under section 145.361 of the Revised Code.	7731

(3) "Disability benefit" means a benefit paid as disability	7732
retirement under section 145.36 of the Revised Code, as a	7733
disability allowance under section 145.361 of the Revised Code, or	7734
as a disability benefit under section 145.37 of the Revised Code.	7735

(4) "Disability benefit recipient" means a member who is	7736
receiving a disability benefit.	7737

(O) "Age and service retirement" means retirement as provided	7738
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of	7739
the Revised Code.	7740

(P) "Pensions" means annual payments for life derived from	7741
contributions made by the employer that at the time of retirement	7742
are credited into the annuity and pension reserve fund from the	7743
employers' accumulation fund and paid from the annuity and pension	7744
reserve fund as provided in this chapter. All pensions shall be	7745
paid in twelve equal monthly installments.	7746

(Q) "Retirement allowance" means the pension plus that	7747
portion of the benefit derived from contributions made by the	7748
member.	7749

(R)(1) Except as otherwise provided in division (R) of this	7750
section, "earnable salary" means all salary, wages, and other	7751
earnings paid to a contributor by reason of employment in a	7752
position covered by the retirement system. The salary, wages, and	7753
other earnings shall be determined prior to determination of the	7754
amount required to be contributed to the employees' savings fund	7755
under section 145.47 of the Revised Code and without regard to	7756
whether any of the salary, wages, or other earnings are treated as	7757
deferred income for federal income tax purposes. "Earnable salary"	7758
includes the following:	7759

(a) Payments made by the employer in lieu of salary, wages,	7760
or other earnings for sick leave, personal leave, or vacation used	7761
by the contributor;	7762

(b) Payments made by the employer for the conversion of sick	7763
leave, personal leave, and vacation leave accrued, but not used if	7764
the payment is made during the year in which the leave is accrued,	7765
except that payments made pursuant to section 124.383 or 124.386	7766
of the Revised Code are not earnable salary;	7767

(c) Allowances paid by the employer for full maintenance,	7768
consisting of housing, laundry, and meals, as certified to the	7769
retirement board by the employer or the head of the department	7770
that employs the contributor;	7771

(d) Fees and commissions paid under section 507.09 of the	7772
Revised Code;	7773

(e) Payments that are made under a disability leave program	7774
sponsored by the employer and for which the employer is required	7775
by section 145.296 of the Revised Code to make periodic employer	7776
and employee contributions;	7777

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	7778
this section.	7779

(2) "Earnable salary" does not include any of the following:

7780

(a) Fees and commissions, other than those paid under section	7781
507.09 of the Revised Code, paid as sole compensation for personal	7782
services and fees and commissions for special services over and	7783
above services for which the contributor receives a salary;	7784

(b) Amounts paid by the employer to provide life insurance,	7785
sickness, accident, endowment, health, medical, hospital, dental,	7786
or surgical coverage, or other insurance for the contributor or	7787
the contributor's family, or amounts paid by the employer to the	7788
contributor in lieu of providing the insurance;	7789

(c) Incidental benefits, including lodging, food, laundry,	7790
parking, or services furnished by the employer, or use of the	7791
employer's property or equipment, or amounts paid by the employer	7792
to the contributor in lieu of providing the incidental benefits;	7793

(d) Reimbursement for job-related expenses authorized by the	7794
employer, including moving and travel expenses and expenses	7795
related to professional development;	7796

(e) Payments for accrued but unused sick leave, personal	7797
leave, or vacation that are made at any time other than in the	7798
year in which the sick leave, personal leave, or vacation was	7799
accrued;	7800

(f) Payments made to or on behalf of a contributor that are	7801
in excess of the annual compensation that may be taken into	7802
account by the retirement system under division (a)(17) of section	7803
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	7804
U.S.C.A. 401(a)(17), as amended;	7805

(g) Payments made under division (B), (C), or (E) of section	7806
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	7807
No. 3 of the 119th general assembly, Section 3 of Amended	7808
Substitute Senate Bill No. 164 of the 124th general assembly, or	7809
Amended Substitute House Bill No. 405 of the 124th general	7810
assembly;	7811

(h) Anything of value received by the contributor that is	7812
based on or attributable to retirement or an agreement to retire,	7813
except that payments made on or before January 1, 1989, that are	7814
based on or attributable to an agreement to retire shall be	7815
included in earnable salary if both of the following apply:	7816

(i) The payments are made in accordance with contract	7817
provisions that were in effect prior to January 1, 1986;	7818

(ii) The employer pays the retirement system an amount	7819
specified by the retirement board equal to the additional	7820
liability resulting from the payments.	7821

(3) The retirement board shall determine by rule whether any	7822
compensation not enumerated in division (R) of this section is	7823
earnable salary, and its decision shall be final.	7824

(S) "Pension reserve" means the present value, computed upon	7825
the basis of the mortality and other tables adopted by the board,	7826
of all payments to be made on account of any retirement allowance	7827
or benefit in lieu of any retirement allowance, granted to a	7828
member or beneficiary under this chapter.	7829

(T)(1) "Contributing service" means all service credited to a	7830
member of the system since January 1, 1935, for which	7831
contributions are made as required by sections 145.47, 145.48, and	7832
145.483 of the Revised Code. In any year subsequent to 1934,	7833
credit for any service shall be allowed by the following formula:	7834

(a) For each month for which the member's earnable salary is	7835
two hundred fifty dollars or more, allow one month's credit.	7836

(b) For each month for which the member's earnable salary is	7837
less than two hundred fifty dollars, allow a fraction of a month's	7838
credit. The numerator of this fraction shall be the earnable	7839
salary during the month, and the denominator shall be two hundred	7840
fifty dollars, except that if the member's annual earnable salary	7841
is less than six hundred dollars, the member's credit shall not be	7842
reduced below twenty per cent of a year for a calendar year of	7843
employment during which the member worked each month. Division	7844
(T)(1)(b) of this section shall not reduce any credit earned	7845
before January 1, 1985.	7846

(2) Notwithstanding division (T)(1) of this section, an	7847
elected official who prior to January 1, 1980, was granted a full	7848
year of credit for each year of service as an elected official	7849
shall be considered to have earned a full year of credit for each	7850
year of service regardless of whether the service was full-time or	7851
part-time. The public employees retirement board has no authority	7852
to reduce the credit.	7853

(U) "State retirement board" means the public employees	7854
retirement board, the school employees retirement board, or the	7855
state teachers retirement board.	7856

(V) "Retirant" means any former member who retires and is	7857
receiving a monthly allowance as provided in sections 145.32,	7858
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	7859

(W) "Employer contribution" means the amount paid by an	7860
employer as determined under section 145.48 of the Revised Code.	7861

(X) "Public service terminates" means the last day for which	7862
a public employee is compensated for services performed for an	7863
employer or the date of the employee's death, whichever occurs	7864
first.	7865

(Y) When a member has been elected or appointed to an office,	7866
the term of which is two or more years, for which an annual salary	7867
is established, and in the event that the salary of the office is	7868
increased and the member is denied the additional salary by reason	7869
of any constitutional provision prohibiting an increase in salary	7870
during a term of office, the member may elect to have the amount	7871
of the member's contributions calculated upon the basis of the	7872
increased salary for the office. At the member's request, the	7873
board shall compute the total additional amount the member would	7874
have contributed, or the amount by which each of the member's	7875
contributions would have increased, had the member received the	7876
increased salary for the office the member holds. If the member	7877
elects to have the amount by which the member's contribution would	7878
have increased withheld from the member's salary, the member shall	7879
notify the employer, and the employer shall make the withholding	7880
and transmit it to the retirement system. A member who has not	7881
elected to have that amount withheld may elect at any time to make	7882
a payment to the retirement system equal to the additional amount	7883
the member's contribution would have increased, plus interest on	7884
that contribution, compounded annually at a rate established by	7885
the board and computed from the date on which the last	7886
contribution would have been withheld from the member's salary to	7887
the date of payment. A member may make a payment for part of the	7888
period for which the increased contribution was not withheld, in	7889
which case the interest shall be computed from the date the last	7890
contribution would have been withheld for the period for which the	7891
payment is made. Upon the payment of the increased contributions	7892
as provided in this division, the increased annual salary as	7893
provided by law for the office for the period for which the member	7894
paid increased contributions thereon shall be used in determining	7895
the member's earnable salary for the purpose of computing the	7896
member's final average salary.	7897

(Z) "Five years of service credit," for the exclusive purpose	7898
of satisfying the service credit requirements and of determining	7899
eligibility for benefits under section 145.33 of the Revised Code,	7900
means employment covered under this chapter or under a former	7901
retirement plan operated, recognized, or endorsed by the employer	7902
prior to coverage under this chapter or under a combination of the	7903
coverage.	7904

(AA) "Deputy sheriff" means any person who is commissioned	7905
and employed as a full-time peace officer by the sheriff of any	7906
county, and has been so employed since on or before December 31,	7907
1965; any person who is or has been commissioned and employed as a	7908
peace officer by the sheriff of any county since January 1, 1966,	7909
and who has received a certificate attesting to the person's	7910
satisfactory completion of the peace officer training school as	7911
required by section 109.77 of the Revised Code; or any person	7912
deputized by the sheriff of any county and employed pursuant to	7913
section 2301.12 of the Revised Code as a criminal bailiff or court	7914
constable who has received a certificate attesting to the person's	7915
satisfactory completion of the peace officer training school as	7916
required by section 109.77 of the Revised Code.	7917

(BB) "Township constable or police officer in a township	7918
police department or district" means any person who is	7919
commissioned and employed as a full-time peace officer pursuant to	7920
Chapter 505. or 509. of the Revised Code, who has received a	7921
certificate attesting to the person's satisfactory completion of	7922
the peace officer training school as required by section 109.77 of	7923
the Revised Code.	7924

(CC) "Drug agent" means any person who is either of the	7925
following:	7926

(1) Employed full time as a narcotics agent by a county	7927
narcotics agency created pursuant to section 307.15 of the Revised	7928
Code and has received a certificate attesting to the satisfactory	7929
completion of the peace officer training school as required by	7930
section 109.77 of the Revised Code;	7931

(2) Employed full time as an undercover drug agent as defined	7932
in section 109.79 of the Revised Code and is in compliance with	7933
section 109.77 of the Revised Code.	7934

(DD) "Department of public safety enforcement agent" means a	7935
full-time employee of the department of public safety who is	7936
designated under section 5502.14 of the Revised Code as an	7937
enforcement agent and who is in compliance with section 109.77 of	7938
the Revised Code.	7939

(EE) "Natural resources law enforcement staff officer" means	7940
a full-time employee of the department of natural resources who is	7941
designated a natural resources law enforcement staff officer under	7942
section 1501.013 of the Revised Code and is in compliance with	7943
section 109.77 of the Revised Code.	7944

(FF) "Park officer" means a full-time employee of the	7945
department of natural resources who is designated a park officer	7946
under section 1541.10 of the Revised Code and is in compliance	7947
with section 109.77 of the Revised Code.	7948

(GG) "Forest officer" means a full-time employee of the	7949
department of natural resources who is designated a forest officer	7950
under section 1503.29 of the Revised Code and is in compliance	7951
with section 109.77 of the Revised Code.	7952

(HH) "Preserve officer" means a full-time employee of the	7953
department of natural resources who is designated a preserve	7954
officer under section 1517.10 of the Revised Code and is in	7955
compliance with section 109.77 of the Revised Code.	7956

(II) "Wildlife officer" means a full-time employee of the	7957
department of natural resources who is designated a wildlife	7958
officer under section 1531.13 of the Revised Code and is in	7959
compliance with section 109.77 of the Revised Code.	7960

(JJ) "State watercraft officer" means a full-time employee of	7961
the department of natural resources who is designated a state	7962
watercraft officer under section 1547.521 of the Revised Code and	7963
is in compliance with section 109.77 of the Revised Code.	7964

(KK) "Park district police officer" means a full-time	7965
employee of a park district who is designated pursuant to section	7966
511.232 or 1545.13 of the Revised Code and is in compliance with	7967
section 109.77 of the Revised Code.	7968

(LL) "Conservancy district officer" means a full-time	7969
employee of a conservancy district who is designated pursuant to	7970
section 6101.75 of the Revised Code and is in compliance with	7971
section 109.77 of the Revised Code.	7972

(MM) "Municipal police officer" means a member of the	7973
organized police department of a municipal corporation who is	7974
employed full time, is in compliance with section 109.77 of the	7975
Revised Code, and is not a member of the Ohio police and fire	7976
pension fund.	7977

(NN) "Veterans' home police officer" means any person who is	7978
employed at a veterans' home as a police officer pursuant to	7979
section 5907.02 of the Revised Code and is in compliance with	7980
section 109.77 of the Revised Code.	7981

(OO) "Special police officer for a mental health institution"	7982
means any person who is designated as such pursuant to section	7983
5119.14 of the Revised Code and is in compliance with section	7984
109.77 of the Revised Code.	7985

(PP) "Special police officer for an institution for the	7986
mentally retarded and developmentally disabled" means any person	7987
who is designated as such pursuant to section 5123.13 of the	7988
Revised Code and is in compliance with section 109.77 of the	7989
Revised Code.	7990

(QQ) "State university law enforcement officer" means any	7991
person who is employed full time as a state university law	7992
enforcement officer pursuant to section 3345.04 of the Revised	7993
Code and who is in compliance with section 109.77 of the Revised	7994
Code.	7995

(RR) "House sergeant at arms" means any person appointed by	7996
the speaker of the house of representatives under division (B)(1)	7997
of section 101.311 of the Revised Code who has arrest authority	7998
under division (E)(1) of that section.	7999

(SS) "Assistant house sergeant at arms" means any person	8000
appointed by the house sergeant at arms under division (C)(1) of	8001
section 101.311 of the Revised Code.	8002

(TT) "Regional transit authority police officer" means a	8003
person who is employed full time as a regional transit authority	8004
police officer under division (Y) of section 306.35 of the Revised	8005
Code and is in compliance with section 109.77 of the Revised Code.	8006

(UU) "State highway patrol police officer" means a special	8007
police officer employed full time and designated by the	8008
superintendent of the state highway patrol pursuant to section	8009
5503.09 of the Revised Code or a person serving full time as a	8010
special police officer pursuant to that section on a permanent	8011
basis on October 21, 1997, who is in compliance with section	8012
109.77 of the Revised Code.	8013

(VV) "Municipal public safety director" means a person who	8014
serves full time as the public safety director of a municipal	8015
corporation with the duty of directing the activities of the	8016
municipal corporation's police department and fire department.	8017

(WW) Notwithstanding section 2901.01 of the Revised Code,	8018
"PERS law enforcement officer" means a sheriff or any of the	8019
following whose primary duties are to preserve the peace, protect	8020
life and property, and enforce the laws of this state: a deputy	8021
sheriff, township constable or police officer in a township police	8022
department or district, drug agent, department of public safety	8023
enforcement agent, natural resources law enforcement staff	8024
officer, park officer, forest officer, preserve officer, wildlife	8025
officer, state watercraft officer, park district police officer,	8026
conservancy district officer, veterans' home police officer,	8027
special police officer for a mental health institution, special	8028
police officer for an institution for the mentally retarded and	8029
developmentally disabled, state university law enforcement	8030
officer, municipal police officer, house sergeant at arms,	8031
assistant house sergeant at arms, regional transit authority	8032
police officer, or state highway patrol police officer. PERS law	8033
enforcement officer also includes a person serving as a municipal	8034
public safety director at any time during the period from	8035
September 29, 2005, to March 24, 2009, if the duties of that	8036
service were to preserve the peace, protect life and property, and	8037
enforce the laws of this state.	8038

(XX) "Hamilton county municipal court bailiff" means a person	8039
appointed by the clerk of courts of the Hamilton county municipal	8040
court under division (A)(3) of section 1901.32 of the Revised Code	8041
who is employed full time as a bailiff or deputy bailiff, who has	8042
received a certificate attesting to the person's satisfactory	8043
completion of the peace officer basic training described in	8044
division (D)(1) of section 109.77 of the Revised Code.	8045

(YY) "PERS public safety officer" means a Hamilton county	8046
municipal court bailiff, or any of the following whose primary	8047
duties are other than to preserve the peace, protect life and	8048
property, and enforce the laws of this state: a deputy sheriff,	8049
township constable or police officer in a township police	8050
department or district, drug agent, department of public safety	8051
enforcement agent, natural resources law enforcement staff	8052
officer, park officer, forest officer, preserve officer, wildlife	8053
officer, state watercraft officer, park district police officer,	8054
conservancy district officer, veterans' home police officer,	8055
special police officer for a mental health institution, special	8056
police officer for an institution for the mentally retarded and	8057
developmentally disabled, state university law enforcement	8058
officer, municipal police officer, house sergeant at arms,	8059
assistant house sergeant at arms, regional transit authority	8060
police officer, or state highway patrol police officer. "PERS	8061
public safety officer" also includes a person serving as a	8062
municipal public safety director at any time during the period	8063
from September 29, 2005, to March 24, 2009, if the duties of that	8064
service were other than to preserve the peace, protect life and	8065
property, and enforce the laws of this state.	8066

(ZZ) "Fiduciary" means a person who does any of the	8067
following:	8068

(1) Exercises any discretionary authority or control with	8069
respect to the management of the system or with respect to the	8070
management or disposition of its assets;	8071

(2) Renders investment advice for a fee, direct or indirect,	8072
with respect to money or property of the system;	8073

(3) Has any discretionary authority or responsibility in the	8074
administration of the system.	8075

(AAA) "Actuary" means an individual who satisfies all of the	8076
following requirements:	8077

(1) Is a member of the American academy of actuaries;

8078

(2) Is an associate or fellow of the society of actuaries;

8079

(3) Has a minimum of five years' experience in providing	8080
actuarial services to public retirement plans.	8081

(BBB) "PERS defined benefit plan" means the plan described in	8082
sections 145.201 to 145.79 of the Revised Code.	8083

(CCC) "PERS defined contribution plans" means the plan or	8084
plans established under section 145.81 of the Revised Code.	8085

Sec. 145.012. (A) "Public employee," as defined in division	8086
(A) of section 145.01 of the Revised Code, does not include any	8087
person:	8088

(1) Who is employed by a private, temporary-help service and	8089
performs services under the direction of a public employer or is	8090
employed on a contractual basis as an independent contractor under	8091
a personal service contract with a public employer;	8092

(2) Who is an emergency employee serving on a temporary basis	8093
in case of fire, snow, earthquake, flood, or other similar	8094
emergency;	8095

(3) Who is employed in a program established pursuant to the	8096
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	8097
1501;	8098

(4) Who is an appointed member of either the motor vehicle	8099
salvage dealers board or the motor vehicle dealer's board whose	8100
rate and method of payment are determined pursuant to division (J)	8101
of section 124.15 of the Revised Code;	8102

(5) Who is employed as an election worker and paid less than	8103
five hundred dollars per calendar year for that service;	8104

(6) Who is employed as a firefighter in a position requiring	8105
satisfactory completion of a firefighter training course approved	8106
under former section 3303.07 or section 4765.55 of the Revised	8107
Code or conducted under section 3737.33 of the Revised Code except	8108
for the following:	8109

(a) Any firefighter who has elected under section 145.013 of	8110
the Revised Code to remain a contributing member of the public	8111
employees retirement system;	8112

(b) Any firefighter who was eligible to transfer from the	8113
public employees retirement system to the Ohio police and fire	8114
pension fund under section 742.51 or 742.515 of the Revised Code	8115
and did not elect to transfer;	8116

(c) Any firefighter who has elected under section 742.516 of	8117
the Revised Code to transfer from the Ohio police and fire pension	8118
fund to the public employees retirement system.	8119

(7) Who is a member of the board of health of a city or	8120
general health district, which pursuant to sections 3709.051 and	8121
3709.07 of the Revised Code includes a combined health district,	8122
and whose compensation for attendance at meetings of the board is	8123
set forth in division (B) of section 3709.02 or division (B) of	8124
section 3709.05 of the Revised Code, as appropriate;	8125

(8) Who participates in an alternative retirement plan	8126
established under Chapter 3305. of the Revised Code;	8127

(9) Who is a member of the board of directors of a sanitary	8128
district established under Chapter 6115. of the Revised Code;	8129

(10) Who is a member of the unemployment compensation	8130
advisory council;	8131

(11) Who is an employee, officer, or governor-appointed	8132
member of the board of directors of the nonprofit corporation	8133
formed under section 187.01 of the Revised Code;	8134

(12) Who is employed by the nonprofit entity established to	8135
provide advocacy services and a client assistance program for	8136
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	8137
of the 129th general assembly and whose employment begins on or	8138
after October 1, 2012.	8139

(B) No inmate of a correctional institution operated by the	8140
department of rehabilitation and correction, no patient in a	8141
hospital for the mentally ill or criminally insane operated by the	8142
department of mental health, no resident in an institution for the	8143
mentally retarded operated by the department of developmental	8144
disabilities, no resident admitted as a patient of a veterans'	8145
home operated under Chapter 5907. of the Revised Code, and no	8146
resident of a county home shall be considered as a public employee	8147
for the purpose of establishing membership or calculating service	8148
credit or benefits under this chapter. Nothing in this division	8149
shall be construed to affect any service credit attained by any	8150
person who was a public employee before becoming an inmate,	8151
patient, or resident at any institution listed in this division,	8152
or the payment of any benefit for which such a person or such a	8153
person's beneficiaries otherwise would be eligible.	8154

Sec. 145.114. (A) As used in this section and in section	8155
145.116 of the Revised Code:	8156

(1) "Agent" means a dealer, as defined in section 1707.01 of	8157
the Revised Code, who is licensed under sections 1707.01 to	8158
1707.45 of the Revised Code or under comparable laws of another	8159
state or of the United States.	8160

(2) "Minority business enterprise" has the same meaning as in	8161
section 122.71 of the Revised Code.	8162

(3) "Ohio-qualified agent" means an agent designated as such	8163
by the public employees retirement board.	8164

(4) "Ohio-qualified investment manager" means an investment	8165
manager designated as such by the public employees retirement	8166
board.	8167

(5) "Principal place of business" means an office in which	8168
the agent regularly provides securities or investment advisory	8169
services and solicits, meets with, or otherwise communicates with	8170
clients.	8171

(B) The public employees retirement board shall, for the	8172
purposes of this section, designate an agent as an Ohio-qualified	8173
agent if the agent meets all of the following requirements:	8174

(1) The agent is subject to taxation under Chapter 5725.,	8175
5726., 5733., or 5747. of the Revised Code;	8176

(2) The agent is authorized to conduct business in this	8177
state;	8178

(3) The agent maintains a principal place of business in this	8179
state and employs at least five residents of this state.	8180

(C) The public employees retirement board shall adopt and	8181
implement a written policy to establish criteria and procedures	8182
used to select agents to execute securities transactions on behalf	8183
of the retirement system. The policy shall address each of the	8184
following:	8185

(1) Commissions charged by the agent, both in the aggregate	8186
and on a per share basis;	8187

(2) The execution speed and trade settlement capabilities of	8188
the agent;	8189

(3) The responsiveness, reliability, and integrity of the	8190
agent;	8191

(4) The nature and value of research provided by the agent;

8192

(5) Any special capabilities of the agent.

8193

(D)(1) The board shall, at least annually, establish a policy	8194
with the goal to increase utilization by the board of	8195
Ohio-qualified agents for the execution of domestic equity and	8196
fixed income trades on behalf of the retirement system, when an	8197
Ohio-qualified agent offers quality, services, and safety	8198
comparable to other agents otherwise available to the board and	8199
meets the criteria established under division (C) of this section.	8200

(2) The board shall review, at least annually, the	8201
performance of the agents that execute securities transactions on	8202
behalf of the board.	8203

(3) The board shall determine whether an agent is an	8204
Ohio-qualified agent, meets the criteria established by the board	8205
pursuant to division (C) of this section, and offers quality,	8206
services, and safety comparable to other agents otherwise	8207
available to the board. The board's determination shall be final.	8208

(E) The board shall, at least annually, submit to the Ohio	8209
retirement study council a report containing the following	8210
information:	8211

(1) The name of each agent designated as an Ohio-qualified	8212
agent under this section;	8213

(2) The name of each agent that executes securities	8214
transactions on behalf of the board;	8215

(3) The amount of equity and fixed-income trades that are	8216
executed by Ohio-qualified agents, expressed as a percentage of	8217
all equity and fixed-income trades that are executed by agents on	8218
behalf of the board;	8219

(4) The compensation paid to Ohio-qualified agents, expressed	8220
as a percentage of total compensation paid to all agents that	8221
execute securities transactions on behalf of the board;	8222

(5) The amount of equity and fixed-income trades that are	8223
executed by agents that are minority business enterprises,	8224
expressed as a percentage of all equity and fixed-income trades	8225
that are executed by agents on behalf of the board;	8226

(6) Any other information requested by the Ohio retirement	8227
study council regarding the board's use of agents.	8228

Sec. 145.116. (A) The public employees retirement board	8229
shall, for the purposes of this section, designate an investment	8230
manager as an Ohio-qualified investment manager if the investment	8231
manager meets all of the following requirements:	8232

(1) The investment manager is subject to taxation under	8233
Chapter 5725., 5726., 5733., or 5747. of the Revised Code;	8234

(2) The investment manager meets one of the following	8235
requirements:	8236

(a) Has its corporate headquarters or principal place of	8237
business in this state;	8238

(b) Employs at least five hundred individuals in this state;

8239

(c) Has a principal place of business in this state and	8240
employs at least 20 residents of this state.	8241

(B)(1) The board shall, at least annually, establish a policy	8242
with the goal to increase utilization by the board of	8243
Ohio-qualified investment managers, when an Ohio-qualified	8244
investment manager offers quality, services, and safety comparable	8245
to other investment managers otherwise available to the board. The	8246
policy shall also provide for the following:	8247

(a) A process whereby the board can develop a list of	8248
Ohio-qualified investment managers and their investment products;	8249

(b) A process whereby the board can give public notice to	8250
Ohio-qualified investment managers of the board's search for an	8251
investment manager that includes the board's search criteria.	8252

(2) The board shall determine whether an investment manager	8253
is an Ohio-qualified investment manager and whether the investment	8254
manager offers quality, services, and safety comparable to other	8255
investment managers otherwise available to the board. The board's	8256
determination shall be final.	8257

(C) The board shall, at least annually, submit to the Ohio	8258
retirement study council a report containing the following	8259
information:	8260

(1) The name of each investment manager designated as an	8261
Ohio-qualified investment manager under this section;	8262

(2) The name of each investment manager with which the board	8263
contracts;	8264

(3) The amount of assets managed by Ohio-qualified investment	8265
managers, expressed as a percentage of the total assets held by	8266
the retirement system and as a percentage of assets managed by	8267
investment managers with which the board has contracted;	8268

(4) The compensation paid to Ohio-qualified investment	8269
managers, expressed as a percentage of total compensation paid to	8270
all investment managers with which the board has contracted;	8271

(5) Any other information requested by the Ohio retirement	8272
study council regarding the board's use of investment managers.	8273

Sec. 149.01. Each elective state officer, the adjutant	8274
general, the adult parole authority, the department of	8275
agriculture, the director of administrative services, the public	8276
utilities commission, the superintendent of insurance, the	8277
superintendent of financial institutions, the superintendent of	8278
purchases and printing, ~~the state commissioner of soldiers'~~	8279
~~claims,~~ the fire marshal, the industrial commission, the	8280
administrator of workers' compensation, the state department of	8281
transportation, the department of health, the state medical board,	8282
the state dental board, the board of embalmers and funeral	8283
directors, the Ohio commission for the blind, the accountancy	8284
board of Ohio, the state council of uniform state laws, the board	8285
of commissioners of the sinking fund, the department of taxation,	8286
the board of tax appeals, the division of liquor control, the	8287
director of state armories, the trustees of the Ohio state	8288
university, and every private or quasi-public institution,	8289
association, board, or corporation receiving state money for its	8290
use and purpose shall make annually, at the end of each fiscal	8291
year, in quadruplicate, a report of the transactions and	8292
proceedings of that office or department for that fiscal year,	8293
excepting receipts and disbursements unless otherwise specifically	8294
required by law. The report shall contain a summary of the	8295
official acts of the officer, board, council, commission,	8296
institution, association, or corporation and any suggestions and	8297
recommendations that are proper. On the first day of August of	8298
each year, one of the reports shall be filed with the governor,	8299
one with the secretary of state, and one with the state library,	8300
and one shall be kept on file in the office of the officer, board,	8301
council, commission, institution, association, or corporation.	8302

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

8303

(1) "Historic building" means a building, including its	8304
structural components, that is located in this state and that is	8305
either individually listed on the national register of historic	8306
places under 16 U.S.C. 470a, located in a registered historic	8307
district, and certified by the state historic preservation officer	8308
as being of historic significance to the district, or is	8309
individually listed as aan historic landmark designated by a	8310
local government certified under 16 U.S.C. 470a(c).	8311

(2) "Qualified rehabilitation expenditures" means	8312
expenditures paid or incurred during the rehabilitation period,	8313
and before and after that period as determined under 26 U.S.C. 47,	8314
by an owner of aan historic building to rehabilitate the	8315
building. "Qualified rehabilitation expenditures" includes	8316
architectural or engineering fees paid or incurred in connection	8317
with the rehabilitation, and expenses incurred in the preparation	8318
of nomination forms for listing on the national register of	8319
historic places. "Qualified rehabilitation expenditures" does not	8320
include any of the following:	8321

(a) The cost of acquiring, expanding, or enlarging aan	8322
historic building;	8323

(b) Expenditures attributable to work done to facilities	8324
related to the building, such as parking lots, sidewalks, and	8325
landscaping;	8326

8327

(3) "Owner" of aan historic building means a person holding	8328
the fee simple interest in the building. "Owner" does not include	8329
the state or a state agency, or any political subdivision as	8330
defined in section 9.23 of the Revised Code.	8331

(4) "Certificate owner" means the owner of aan historic	8332
building to which a rehabilitation tax credit certificate was	8333
issued under this section.	8334

(5) "Registered historic district" means aan historic	8335
district listed in the national register of historic places under	8336
16 U.S.C. 470a, aan historic district designated by a local	8337
government certified under 16 U.S.C. 470a(c), or a local historic	8338
district certified under 36 C.F.R. 67.8 and 67.9.	8339

(6) "Rehabilitation" means the process of repairing or	8340
altering aan historic building or buildings, making possible an	8341
efficient use while preserving those portions and features of the	8342
building and its site and environment that are significant to its	8343
historic, architectural, and cultural values.	8344

(7) "Rehabilitation period" means one of the following:

8345

(a) If the rehabilitation initially was not planned to be	8346
completed in stages, a period chosen by the owner not to exceed	8347
twenty-four months during which rehabilitation occurs;	8348

(b) If the rehabilitation initially was planned to be	8349
completed in stages, a period chosen by the owner not to exceed	8350
sixty months during which rehabilitation occurs. Each stage shall	8351
be reviewed as a phase of a rehabilitation as determined under 26	8352
C.F.R. 1.48-12 or a successor to that section.	8353

(8) "State historic preservation officer" or "officer" means	8354
the state historic preservation officer appointed by the governor	8355
under 16 U.S.C. 470a.	8356

(B) The owner of aan historic building may apply to the	8357
director of development services for a rehabilitation tax credit	8358
certificate for qualified rehabilitation expenditures paid or	8359
incurred after April 4, 2007, for rehabilitation of aan historic	8360
building. The form and manner of filing such applications shall be	8361
prescribed by rule of the director ~~of development~~. Each	8362
application shall state the amount of qualified rehabilitation	8363
expenditures the applicant estimates will be paid or incurred. The	8364
director may require applicants to furnish documentation of such	8365
estimates.	8366

The director, after consultation with the tax commissioner	8367
and in accordance with Chapter 119. of the Revised Code, shall	8368
adopt rules that establish all of the following:	8369

(1) Forms and procedures by which applicants may apply for	8370
rehabilitation tax credit certificates;	8371

(2) Criteria for reviewing, evaluating, and approving	8372
applications for certificates within the limitations under	8373
division (D) of this section, criteria for assuring that the	8374
certificates issued encompass a mixture of high and low qualified	8375
rehabilitation expenditures, and criteria for issuing certificates	8376
under division (C)(3)(b) of this section;	8377

(3) Eligibility requirements for obtaining a certificate	8378
under this section;	8379

(4) The form of rehabilitation tax credit certificates;

8380

(5) Reporting requirements and monitoring procedures;

8381

(6) Procedures and criteria for conducting cost-benefit	8382
analyses of historic buildings that are the subjects of	8383
applications filed under this section. The purpose of a	8384
cost-benefit analysis shall be to determine whether rehabilitation	8385
of the historic building will result in a net revenue gain in	8386
state and local taxes once the building is used.	8387

(7) Any other rules necessary to implement and administer	8388
this section.	8389

(C) The director of development services shall review the	8390
applications with the assistance of the state historic	8391
preservation officer and determine whether all of the following	8392
criteria are met:	8393

(1) That the building that is the subject of the application	8394
is aan historic building and the applicant is the owner of the	8395
building;	8396

(2) That the rehabilitation will satisfy standards prescribed	8397
by the United States secretary of the interior under 16 U.S.C.	8398
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	8399
that section;	8400

(3) That receiving a rehabilitation tax credit certificate	8401
under this section is a major factor in:	8402

(a) The applicant's decision to rehabilitate the historic	8403
building; or	8404

(b) To increase the level of investment in such	8405
rehabilitation.	8406

An applicant shall demonstrate to the satisfaction of the	8407
state historic preservation officer and director of development	8408
services that the rehabilitation will satisfy the standards	8409
described in division (C)(2) of this section before the applicant	8410
begins the physical rehabilitation of the historic building.	8411

(D)(1) If the director of development services determines	8412
that an application meets the criteria in divisions (C)(1), (2),	8413
and (3) of this section, the director shall conduct a cost-benefit	8414
analysis for the historic building that is the subject of the	8415
application to determine whether rehabilitation of the historic	8416
building will result in a net revenue gain in state and local	8417
taxes once the building is used. The director shall consider the	8418
results of the cost-benefit analysis in determining whether to	8419
approve the application. The director shall also consider the	8420
potential economic impact and the regional distributive balance of	8421
the credits throughout the state. The director may approve an	8422
application only after completion of the cost-benefit analysis.	8423

(2) A rehabilitation tax credit certificate shall not be	8424
issued for an amount greater than the estimated amount furnished	8425
by the applicant on the application for such certificate and	8426
approved by the director. The director shall not approve more than	8427
a total of sixty million dollars of rehabilitation tax credits per	8428
fiscal year but the director may reallocate unused tax credits	8429
from a prior fiscal year for new applicants and such reallocated	8430
credits shall not apply toward the dollar limit of this division.	8431

(3) For rehabilitations with a rehabilitation period not	8432
exceeding twenty-four months as provided in division (A)(7)(a) of	8433
this section, a rehabilitation tax credit certificate shall not be	8434
issued before the rehabilitation of the historic building is	8435
completed.	8436

(4) For rehabilitations with a rehabilitation period not	8437
exceeding sixty months as provided in division (A)(7)(b) of this	8438
section, a rehabilitation tax credit certificate shall not be	8439
issued before a stage of rehabilitation is completed. After all	8440
stages of rehabilitation are completed, if the director cannot	8441
determine that the criteria in division (C) of this section are	8442
satisfied for all stages of rehabilitations, the director shall	8443
certify this finding to the tax commissioner, and any	8444
rehabilitation tax credits received by the applicant shall be	8445
repaid by the applicant and may be collected by assessment as	8446
unpaid tax by the commissioner.	8447

(5) The director of development services shall require the	8448
applicant to provide a third-party cost certification by a	8449
certified public accountant of the actual costs attributed to the	8450
rehabilitation of the historic building when qualified	8451
rehabilitation expenditures exceed two hundred thousand dollars.	8452

If an applicant whose application is approved for receipt of	8453
a rehabilitation tax credit certificate fails to provide to the	8454
director ~~of development~~ sufficient evidence of reviewable	8455
progress, including a viable financial plan, copies of final	8456
construction drawings, and evidence that the applicant has	8457
obtained all historic approvals within twelve months after the	8458
date the applicant received notification of approval, and if the	8459
applicant fails to provide evidence to the director ~~of development~~	8460
that the applicant has secured and closed on financing for the	8461
rehabilitation within eighteen months after receiving notification	8462
of approval, the director may rescind the approval of the	8463
application. The director shall notify the applicant if the	8464
approval has been rescinded. Credits that would have been	8465
available to an applicant whose approval was rescinded shall be	8466
available for other qualified applicants. Nothing in this division	8467
prohibits an applicant whose approval has been rescinded from	8468
submitting a new application for a rehabilitation tax credit	8469
certificate.	8470

(E) Issuance of a certificate represents a finding by the	8471
director of development services of the matters described in	8472
divisions (C)(1), (2), and (3) of this section only; issuance of a	8473
certificate does not represent a verification or certification by	8474
the director of the amount of qualified rehabilitation	8475
expenditures for which a tax credit may be claimed under section	8476
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	8477
Revised Code. The amount of qualified rehabilitation expenditures	8478
for which a tax credit may be claimed is subject to inspection and	8479
examination by the tax commissioner or employees of the	8480
commissioner under section 5703.19 of the Revised Code and any	8481
other applicable law. Upon the issuance of a certificate, the	8482
director shall certify to the tax commissioner, in the form and	8483
manner requested by the tax commissioner, the name of the	8484
applicant, the amount of qualified rehabilitation expenditures	8485
shown on the certificate, and any other information required by	8486
the rules adopted under this section.	8487

(F)(1) On or before the first day of April each year, the	8488
director of development services and tax commissioner jointly	8489
shall submit to the president of the senate and the speaker of the	8490
house of representatives a report on the tax credit program	8491
established under this section and sections 5725.151, 5725.34,	8492
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	8493
report shall present an overview of the program and shall include	8494
information on the number of rehabilitation tax credit	8495
certificates issued under this section during the preceding fiscal	8496
year, an update on the status of each historic building for which	8497
an application was approved under this section, the dollar amount	8498
of the tax credits granted under sections 5725.151, 5725.34,	8499
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	8500
any other information the director and commissioner consider	8501
relevant to the topics addressed in the report.	8502

(2) On or before December 1, 2015, the director of	8503
development services and tax commissioner jointly shall submit to	8504
the president of the senate and the speaker of the house of	8505
representatives a comprehensive report that includes the	8506
information required by division (F)(1) of this section and a	8507
detailed analysis of the effectiveness of issuing tax credits for	8508
rehabilitating historic buildings. The report shall be prepared	8509
with the assistance of an economic research organization jointly	8510
chosen by the director and commissioner.	8511

(G) There is hereby created in the state treasury the	8512
historic rehabilitation tax credit operating fund. The director of	8513
development services is authorized to charge reasonable	8514
application and other fees in connection with the administration	8515
of tax credits authorized by this section and sections 5725.151,	8516
5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the Revised	8517
Code. Any such fees collected shall be credited to the fund and	8518
used to pay reasonable costs incurred by the department of	8519
development services in administering this section and sections	8520
5725.151, 5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the	8521
Revised Code.	8522

The Ohio historic preservation office is authorized to charge	8523
reasonable fees in connection with its review and approval of	8524
applications under this section. Any such fees collected shall be	8525
credited to the fund and used to pay administrative costs incurred	8526
by the Ohio historic preservation office pursuant to this section.	8527

Sec. 150.01. (A) As used in this chapter:

8528

(1) "Authority" means the Ohio venture capital authority	8529
created under section 150.02 of the Revised Code.	8530

(2) "Issuer" means a port authority organized and existing	8531
under applicable provisions of Chapter 4582. of the Revised Code	8532
that, pursuant to an agreement entered into under division (E) of	8533
section 150.02 of the Revised Code, issues or issued obligations	8534
to fund one or more loans to the program fund.	8535

(3) "Lender" means any person that lends money to the program	8536
fund as provided in this chapter and includes any issuer and any	8537
trustee.	8538

(4) "Loss" means a loss incurred with respect to a lender's	8539
loan to the program fund. Such a loss is incurred only if and to	8540
the extent a program administrator fails to satisfy its	8541
obligations to the lender to make timely payments of principal or	8542
interest as provided in the loan agreement between the lender and	8543
the program administrator. "Loss" does not include either of the	8544
following:	8545

(a) Any loss incurred by the program fund, including a loss	8546
attributable to any investment made by a program administrator;	8547

(b) Any loss of the capital required to be provided by a	8548
program administrator, or income accruing to that capital, under	8549
the agreement entered into under division (B) of section 150.05 of	8550
the Revised Code.	8551

(5) "Ohio-based business enterprise" means a person that is	8552
engaged in business, that employs at least one individual on a	8553
full-time or part-time basis at a place of business in this state,	8554
including a person engaged in business if that person is a	8555
self-employed individual, and that is in the seed or early stage	8556
of business development requiring initial or early stage funding	8557
or is an established business enterprise developing new methods or	8558
technologies.	8559

(6) "Ohio-based venture capital fund" means a venture capital	8560
fund having its principal office in this state, where the majority	8561
of the fund's staff are employed and where at least one investment	8562
professional is employed who has at least five years of experience	8563
in venture capital investment.	8564

(7) "Program fund" means the fund created under section	8565
150.03 of the Revised Code.	8566

(8) "Research and development purposes" has the same meaning	8567
as used in Section 2p of Article VIII, Ohio Constitution, and	8568
includes the development of sites and facilities in this state for	8569
and in support of those research and development purposes.	8570

(9) "Trustee" means a trust company or a bank with corporate	8571
trust powers, in either case having a place of business in this	8572
state, being a taxpayer under Chapter 5707., 5725., 5726., 5727.,	8573
5729., 5733., or 5747 of the Revised Code at the time it may claim	8574
and receive a tax credit under division (E) of section 150.07 of	8575
the Revised Code, and acting in its capacity as a trustee pursuant	8576
to a trust agreement under which an issuer issues obligations to	8577
fund loans to the program fund.	8578

(B) The general assembly declares that its purpose in	8579
enacting Chapter 150. of the Revised Code is to increase the	8580
amount of private investment capital available in this state for	8581
Ohio-based business enterprises in the seed or early stages of	8582
business development and requiring initial or early stage funding,	8583
as well as established Ohio-based business enterprises developing	8584
new methods or technologies, including the promotion of research	8585
and development purposes, thereby increasing employment, creating	8586
additional wealth, and otherwise benefiting the economic welfare	8587
of the people of this state. Accordingly, it is the intention of	8588
the general assembly that the program fund make investments in	8589
support of Ohio-based business enterprises in accordance with the	8590
investment policy authorized and required under section 150.03 of	8591
the Revised Code, and that the Ohio venture capital authority	8592
focus its investment policy principally on venture capital funds	8593
investing in such Ohio-based business enterprises. The general	8594
assembly finds and determines that this chapter and the investment	8595
policy, and actions taken under and consistent therewith, will	8596
promote and implement the public purposes of Section 2p of Article	8597
VIII, Ohio Constitution.	8598

Sec. 150.03. Within ninety days after April 9, 2003, the	8599
authority shall establish, and subsequently may modify as it	8600
considers necessary, a written investment policy governing the	8601
investment of money from the program fund, which is hereby	8602
created. The program fund shall consist of the proceeds of loans	8603
acquired by a program administrator. The authority is subject to	8604
Chapter 119. of the Revised Code with respect to the establishment	8605
or modification of the policy. The policy shall meet all the	8606
following requirements:	8607

(A) It is consistent with the purpose of the program stated	8608
in section 150.01 of the Revised Code.	8609

(B) Subject to divisions (C), (D), and (E) of this section,	8610
it permits the investment of money from the program fund in	8611
private, for-profit venture capital funds, including funds of	8612
funds, that invest in enterprises in the seed or early stage of	8613
business development or established business enterprises	8614
developing new methods or technologies, and that demonstrate	8615
potential to generate high levels of successful investment	8616
performance.	8617

(C) It specifies that a program administrator or fund manager	8618
employed by the program administrator shall invest not less than	8619
seventy-five per cent of program fund money under its investment	8620
authority in Ohio-based venture capital funds.	8621

(D) It specifies both of the following:

8622

(1) That not less than an amount equal to fifty per cent of	8623
program fund money invested in any venture capital fund be	8624
invested by the venture capital fund in Ohio-based business	8625
enterprises;	8626

(2) That, commencing with the first program fund commitment	8627
to each venture capital fund, the aggregate amount funded into	8628
Ohio-based business enterprises by all venture capital funds to	8629
which the program fund has committed be not less than the	8630
aggregate amount of all program fund money funded into those	8631
venture capital funds.	8632

(E) It specifies that a program administrator or fund manager	8633
employed by the program administrator shall not invest money from	8634
the program fund in a venture capital fund to the extent that the	8635
total amount of program fund money invested in the venture capital	8636
fund, when combined with any program fund money invested in a	8637
venture capital fund under the same management as, and formed	8638
within two years before or after the formation of, that venture	8639
capital fund, exceeds the lesser of the following:	8640

(1) Ten million dollars;

8641

(2)(a) In the case of an Ohio-based venture capital fund,	8642
fifty per cent of the total amount of capital committed to the	8643
fund from all sources, after accounting for capital committed from	8644
the program fund;	8645

(b) In the case of any other venture capital fund, twenty per	8646
cent of the total amount of capital committed to the fund from all	8647
sources, after accounting for capital committed from the program	8648
fund.	8649

(F) It specifies that a program administrator or fund manager	8650
employed by the program administrator shall not commit capital	8651
from the program fund to a venture capital fund until the venture	8652
capital fund receives commitment of at least the same amount from	8653
other investors in the fund.	8654

(G) It specifies the general conditions a private, for-profit	8655
investment fund must meet to be selected as a program	8656
administrator under section 150.05 of the Revised Code, including,	8657
as a significant selection standard, direct experience managing	8658
external or nonproprietary capital in private equity fund of funds	8659
formats.	8660

(H) It specifies the criteria the authority must consider	8661
when making a determination under division (B)(1) of section	8662
150.04 of the Revised Code.	8663

(I) It includes investment standards and general limitations	8664
on allowable investments that the authority considers reasonable	8665
and necessary to achieve the purposes of this chapter as stated in	8666
division (B) of section 150.01 of the Revised Code, minimize the	8667
need for the authority to grant tax credits under section 150.07	8668
of the Revised Code, ensure compliance of the program	8669
administrators with all applicable laws of this state and the	8670
United States, and ensure the safety and soundness of investments	8671
of money from the program fund.	8672

(J) It prohibits the investment of money from the program	8673
fund directly in persons other than venture capital funds, except	8674
for temporary investment in investment grade debt securities or	8675
temporary deposit in interest-bearing accounts or funds pending	8676
permanent investment in venture capital funds.	8677

Sec. 150.05. (A) The authority shall select, as program	8678
administrators, not more than two private, for-profit investment	8679
funds to acquire loans for the program fund and to invest money in	8680
the program fund as prescribed in the investment policy	8681
established or modified by the authority in accordance with	8682
sections 150.03 and 150.04 of the Revised Code. The authority	8683
shall give equal consideration, in selecting these program	8684
administrators, to minority owned and controlled investment funds,	8685
to funds owned and controlled by women, to ventures involving	8686
minority owned and controlled funds, and to ventures involving	8687
funds owned and controlled by women that otherwise meet the	8688
policies and criteria established by the authority. To be eligible	8689
for selection, an investment fund must be incorporated or	8690
organized under Chapter 1701., 1705., 1775., 1776., 1782., or	8691
1783. of the Revised Code, ~~must have an established business~~	8692
~~presence in this state,~~ and must be capitalized in accordance with	8693
any state and federal laws applicable to the issuance or sale of	8694
securities.	8695

The authority shall select program administrators only after	8696
soliciting and evaluating requests for proposals as prescribed in	8697
this section. The authority shall publish a notice of a request	8698
for proposals in newspapers of general circulation in this state	8699
once each week for two consecutive weeks before a date specified	8700
by the authority as the date on which it will begin accepting	8701
proposals. The notices shall contain a general description of the	8702
subject of the proposed agreement and the location where the	8703
request for proposals may be obtained. The request for proposals	8704
shall include all the following:	8705

(1) Instructions and information to respondents concerning	8706
the submission of proposals, including the name and address of the	8707
office where proposals are to be submitted;	8708

(2) Instructions regarding the manner in which respondents	8709
may communicate with the authority, including the names, titles,	8710
and telephone numbers of the individuals to whom such	8711
communications shall be directed;	8712

(3) Description of the performance criteria that will be used	8713
to evaluate whether a respondent selected by the authority is	8714
satisfying the authority's investment policy;	8715

(4) Description of the factors and criteria to be considered	8716
in evaluating respondents' proposals, which shall include the past	8717
performance of the respondent in successfully administering	8718
similar programs and achieving positive investment returns, the	8719
relative importance of each factor or criterion, and description	8720
of the authority's evaluation procedure;	8721

(5) Description of any documents that may be incorporated by	8722
reference into the request for proposals, provided that the	8723
request specifies where such documents may be obtained and such	8724
documents are readily available to all interested parties.	8725

After the date specified for receiving proposals, the	8726
authority shall evaluate submitted proposals. The authority may	8727
discuss a respondent's proposal with that respondent to clarify or	8728
revise a proposal or the terms of the agreement.	8729

The authority shall choose for review proposals from at least	8730
three respondents the authority considers qualified to operate the	8731
program in the best interests of the investment policy adopted by	8732
the authority. If three or fewer proposals are submitted, the	8733
authority shall review each proposal. The authority may cancel a	8734
request for proposals at any time before entering into an	8735
agreement with a respondent. The authority shall provide	8736
respondents fair and equal opportunity for such discussions. The	8737
authority may terminate discussions with any respondent upon	8738
written notice to the respondent.	8739

(B) After reviewing the chosen proposals, the authority may	8740
select not more than two such respondents and enter into a written	8741
agreement with each of the selected respondents, provided that at	8742
no time shall there be agreements with more than two persons.	8743

The agreement shall do all of the following:

8744

(1) Specify that borrowing and investing by the program	8745
administrator will be budgeted to guarantee that no tax credits	8746
will be granted during the first four years of the Ohio venture	8747
capital program, and will be structured to ensure that payments of	8748
principal, interest, or interest equivalent due in any fiscal	8749
year, when added to such payments due from any other program	8750
administrator, does not exceed ~~twenty~~twenty-six million five	8751
hundred thousand dollars;	8752

(2) Require investment by the program administrator or the	8753
fund manager employed by the program administrator to be in	8754
compliance with the investment policy established or modified in	8755
accordance with sections 150.03 and 150.04 of the Revised Code	8756
that is in effect at the time the investment is made, and prohibit	8757
the program administrator or fund manager from engaging in any	8758
investment activities other than activities to carry out that	8759
policy;	8760

(3) Require periodic financial reporting by the program	8761
administrator to the authority, which reporting shall include an	8762
annual audit by an independent auditor and such other financial	8763
reporting as is specified in the agreement or otherwise required	8764
by the authority for the purpose of ensuring that the program	8765
administrator is carrying out the investment policy;	8766

(4) Specify any like standards or general limitations in	8767
addition to or in furtherance of investment standards or	8768
limitations that apply pursuant to division (H) of section 150.03	8769
of the Revised Code;	8770

(5) Require the program administrator to apply program fund	8771
revenue first to the payment of principal borrowed by the program	8772
administrator for investment under the program, then to interest	8773
related to that principal, and then to amounts necessary to cover	8774
the program administrator's pro rata share required under division	8775
(B)(9) of this section; and require the program administrator to	8776
pay the authority not less than ninety per cent of the amount by	8777
which program fund revenue attributable to investments under the	8778
program administrator's investment authority exceeds amounts so	8779
applied;	8780

(6) Specify the procedures by which the program administrator	8781
shall certify immediately to the authority the necessity for the	8782
authority to issue tax credit certificates pursuant to contracts	8783
entered into under section 150.07 of the Revised Code;	8784

(7) Specify any general limitations regarding the employment	8785
of a fund manager by the program administrator, in addition to an	8786
express limitation that the fund manager be a person with	8787
demonstrated, substantial, successful experience in the design and	8788
management of seed and venture capital investment programs and in	8789
capital formation. The fund manager may be, but need not be, an	8790
equity owner or affiliate of the program administrator.	8791

(8) Specify the terms and conditions under which the	8792
authority or the program administrator may terminate the	8793
agreement, including in the circumstance that the program	8794
administrator or fund manager violates the investment policy;	8795

(9) Require the program administrator or fund manager	8796
employed by the program administrator to provide capital in the	8797
form of a loan equal to one per cent of the amount of outstanding	8798
loans by lenders to the program fund. The loan from the program	8799
administrator or fund manager shall be on the same terms and	8800
conditions as loans from other lenders, except that the loan from	8801
the program administrator or fund manager shall not be secured by	8802
the Ohio venture capital fund or tax credits available to other	8803
lenders under division (B) of section 150.04 of the Revised Code.	8804
Such capital shall be placed at the same risk as the proceeds from	8805
such loans. The program administrator shall receive a pro rata	8806
share of the net income, including net loss, from the investment	8807
of money from the program fund, but is not entitled to the	8808
security against losses provided under section 150.04 of the	8809
Revised Code.	8810

(10) Specify that the program administrator and the fund	8811
manager employed by the program administrator must have a	8812
significant presence in this state, and define how a significant	8813
presence in this state shall be determined.	8814

Sec. 150.07. (A) For the purpose stated in section 150.01 of	8815
the Revised Code, the authority may authorize a lender to claim	8816
one of the refundable tax credits allowed under section 5707.031,	8817
5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 of the	8818
Revised Code. The credits shall be authorized by a written	8819
contract with the lender. The contract shall specify the terms	8820
under which the lender may claim the credit, including the amount	8821
of loss, if any, the lender must incur before the lender may claim	8822
the credit; specify that the credit shall not exceed the amount of	8823
the loss; and specify that the lender may claim the credit only	8824
for a loss certified by a program administrator to the authority	8825
under the procedures prescribed under division (B)(6) of section	8826
150.05 of the Revised Code. The program administrator shall	8827
provide to the authority an estimate of the amount of tax credits,	8828
if any, that are likely, in the administrator's reasonable	8829
judgment, to be claimed by a lender during the current and next	8830
succeeding state fiscal years. The estimate shall be provided at	8831
the same time each year that the administrator is required to	8832
report the annual audit to the authority under section 150.05 of	8833
the Revised Code.	8834

(B) Tax credits may be authorized at any time after the	8835
authority establishes the investment policy under section 150.03	8836
of the Revised Code, but a tax credit so authorized may not be	8837
claimed before July 1, 2007, or after June 30, 2026, except, with	8838
respect to loans made from the proceeds of obligations issued	8839
under section 4582.71 of the Revised Code, a tax credit may not be	8840
claimed before July 1, 2012, or after June 30, 2036.	8841

(C)(1) Upon receiving certification of a lender's loss from a	8842
program administrator pursuant to the procedures in the investment	8843
policy, the authority shall issue a tax credit certificate to the	8844
lender, except as otherwise provided in division (D) of this	8845
section.	8846

(2) If the lender is a pass-through entity, as defined in	8847
section 5733.04 of the Revised Code, then each equity investor in	8848
the lender pass-through entity shall be entitled to claim one of	8849
the tax credits allowed under division (A) of this section for	8850
that equity investor's taxable year in which or with which ends	8851
the taxable year of the lender pass-through entity in an amount	8852
based on the equity investor's distributive or proportionate share	8853
of the credit amount set forth in the certificate issued by the	8854
authority. If all equity investors of the lender pass-through	8855
entity are not eligible to claim a credit against the same tax set	8856
forth in division (A) of this section, then each equity investor	8857
may elect to claim a credit against the tax to which the equity	8858
investor is subject to in an amount based on the equity investor's	8859
distributive or proportionate share of the credit amount set forth	8860
in the certificate issued by the authority.	8861

(3) The certificate shall state the amount of the credit and	8862
the calendar year under section 5707.031, 5725.19, 5727.241, or	8863
5729.08, the tax year under section 5726.53 or 5733.49, or the	8864
taxable year under section 5747.80 of the Revised Code for which	8865
the credit may be claimed. The authority, in conjunction with the	8866
tax commissioner, shall develop a system for issuing tax credit	8867
certificates for the purpose of verifying that any credit claimed	8868
is a credit issued under this section and is properly taken in the	8869
year specified in the certificate and in compliance with division	8870
(B) of this section.	8871

(D) The authority shall not, in any fiscal year, issue tax	8872
credit certificates under this section in a total amount exceeding	8873
~~twenty~~twenty-six million five hundred thousand dollars. The	8874
authority shall not issue tax credit certificates under this	8875
section in a total amount exceeding three hundred eighty million	8876
dollars.	8877

(E) Notwithstanding any other section of this chapter or any	8878
provision of Chapter 5707., 5725., 5726., 5727., 5729., 5733., or	8879
5747. of the Revised Code, if provided by the terms of an	8880
agreement entered into by the issuer and the authority under	8881
division (E) of section 150.02 of the Revised Code, and subject to	8882
the limitations of divisions (B) and (D) of this section, a	8883
trustee shall have the right, for the benefit of the issuer, to	8884
receive and claim the credits authorized under division (A) of	8885
this section solely for the purpose provided for in section 150.04	8886
of the Revised Code, and the trustee shall be entitled to file a	8887
tax return, an amended tax return, or an estimated tax return at	8888
such times as are permitted or required under the applicable	8889
provisions of Chapter 5707., 5725., 5726., 5727., 5729., 5733., or	8890
5747. of the Revised Code for the purpose of claiming credits	8891
issued to the trustee. The trustee shall receive the proceeds of	8892
such a tax credit for the benefit of the issuer, and shall apply	8893
the proceeds solely to satisfy a loss or restore a reserve as	8894
provided in section 150.04 of the Revised Code. Nothing in this	8895
section shall require a trustee to file a tax return under any	8896
chapter for any purpose other than claiming such credits if the	8897
trustee is not otherwise required to make such a filing.	8898

The general assembly may from time to time modify or repeal	8899
any of the taxes against which the credits authorized under	8900
division (A) of this section may be claimed, and may authorize	8901
those credits to be claimed for the purposes provided for in	8902
section 150.04 of the Revised Code with respect to any other tax	8903
imposed by this state; provided, that if any obligations issued	8904
under section 4582.71 of the Revised Code are then outstanding and	8905
such modification or repeal would have the effect of impairing any	8906
covenant made in or pursuant to an agreement under division (E) of	8907
section 150.02 of the Revised Code regarding the maintenance or	8908
restoration of reserves established and maintained with a trustee	8909
consistent with division (B)(2) of section 150.04 of the Revised	8910
Code and such agreement, the state shall provide other security to	8911
the extent necessary to avoid or offset the impairment of such	8912
covenant.	8913

Sec. 150.10. (A) On the first day of January of the second	8914
year after the date of entering into an agreement under section	8915
150.05 of the Revised Code and of each ensuing year, the authority	8916
shall file with the clerk of the house of representatives, the	8917
clerk of the senate, and the chairpersons of the house and senate	8918
standing committees predominantly concerned with economic	8919
development a written report on the Ohio venture capital program.	8920
The report shall include all the following:	8921

(1) A description of the details of the investment policy	8922
established or modified in accordance with sections 150.03 and	8923
150.04 of the Revised Code;	8924

(2) The authority's assessment of the program's achievement	8925
of its purpose stated in section 150.01 of the Revised Code;	8926

(3) The value of tax credit certificates issued by the	8927
authority under section 150.07 of the Revised Code in each fiscal	8928
year ending on or before the preceding thirtieth day of June;	8929

(4) The amount of tax credits claimed pursuant to section	8930
5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80	8931
of the Revised Code, as to the respective taxes involved;	8932

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

8933

(6) The names of venture capital funds in which money from	8934
the program fund has been invested and the locations of their	8935
principal offices, and the names of the enterprises in which each	8936
of those venture capital funds has invested such money and the	8937
locations of those enterprises' principal offices;	8938

(7) Any recommendations for modifying the program to better	8939
achieve the purpose stated in section 150.01 of the Revised Code.	8940

(B) During each year that a report is issued under division	8941
(A) of this section, the chairperson of the authority, or another	8942
member of the authority designated by the chairperson as the	8943
authority's representative, shall be required to appear in person	8944
before the standing committees of the house and senate	8945
predominantly concerned with economic development to give	8946
testimony concerning the status of the Ohio venture capital	8947
program.	8948

Sec. 152.18. Whenever the Ohio building authority	8949
constructs, reconstructs, rehabilitates, remodels, renovates,	8950
enlarges, improves, alters, maintains, equips, furnishes, repairs,	8951
paints, or decorates capital facilities pursuant to section	8952
152.19, 152.21, or 152.31 of the Revised Code or buildings,	8953
facilities, and other properties for use and occupancy of persons	8954
pursuant to section 152.04 of the Revised Code, the authority	8955
shall make the necessary plans and specifications, and shall	8956
advertise for bids for all work to be placed under contract once a	8957
week for two consecutive weeks in a newspaper of general	8958
circulation in the county within which the work is to be done, and	8959
shall award the contract to the lowest responsive and responsible	8960
bidder in accordance with section 9.312 of the Revised Code. When	8961
the authority determines, subject to approval by the controlling	8962
board, that a real and present emergency exists or if the cost of	8963
such a contract does not exceed fifty thousand dollars, such a	8964
contract may be awarded without advertising and receipt of bids. A	8965
bid guaranty pursuant to sections 153.54 to 153.571 of the Revised	8966
Code shall be required for any contract under this section.	8967

In all other cases of capital facilities financed by the	8968
authority, the construction, reconstruction, ~~rehabilitation,~~	8969
~~remodeling, renovation,~~ enlargement, improvement, alteration,	8970
~~maintenance, equipping, furnishing,~~ repair, painting, or	8971
decoration of capital facilities by or for the state or any	8972
governmental entity shall be the responsibility of the ~~department~~	8973
~~of administrative services~~Ohio facilities construction commission	8974
or, with the consent of the ~~department of administrative services~~	8975
Ohio facilities construction commission, shall be the	8976
responsibility of the state agency using the capital facility, or	8977
the governmental entity with which a state agency is participating	8978
pursuant to section 152.33 of the Revised Code, and shall be	8979
undertaken by the ~~department~~commission in compliance with Chapter	8980
153. of the Revised Code, or by such state agency or governmental	8981
entity in accordance with otherwise applicable law. The	8982
rehabilitation, remodeling, renovation, maintenance, equipping, or	8983
furnishing of capital facilities by or for the state or any	8984
governmental entity shall be the responsibility of the department	8985
of administrative services or, with the consent of the department,	8986
the state agency or other governmental entity that is using the	8987
capital facility.	8988

Sec. 152.24. (A) Except as otherwise provided with respect	8989
to leasing of capital facilities in sections 152.241, 152.242,	8990
152.31, and 152.33 of the Revised Code, the department of	8991
administrative services or, with the consent of the department of	8992
administrative services, the state agency using an office facility	8993
and related storage and parking facilities, or participating in	8994
such facilities pursuant to section 152.33 of the Revised Code,	8995
shall lease any office facility and related storage and parking	8996
facility acquired, purchased, constructed, reconstructed,	8997
rehabilitated, remodeled, renovated, enlarged, improved, altered,	8998
operated, maintained, equipped, furnished, repaired, painted,	8999
decorated, or financed by the Ohio building authority for housing	9000
any state agencies. An agreement between the authority and the	9001
department of administrative services or such using or	9002
participating agency may provide for the transfer of the property	9003
to the state after bonds and notes issued by the authority for the	9004
purpose of the acquisition, purchase, construction,	9005
reconstruction, rehabilitation, remodeling, renovation,	9006
enlargement, improvement, alteration, equipping, furnishing,	9007
repair, painting, decorating, or financing of such building or	9008
facility have been repaid. A lease between the authority and the	9009
department of administrative services or a using or participating	9010
agency shall be for a period not exceeding the then current	9011
two-year period for which appropriations have been made by the	9012
general assembly to the department of administrative services and	9013
the state agencies which will occupy or participate in the office	9014
facility and related storage and parking facility being leased,	9015
and such lease may contain such other terms as the department of	9016
administrative services, or a using or participating agency, and	9017
the authority agree notwithstanding any other provision of law,	9018
including provision that rental payments in amounts at least	9019
sufficient to pay bond service charges payable during the current	9020
two-year lease term shall be an absolute and unconditional	9021
obligation of the department of administrative services, or the	9022
using or participating agency, independent of all other duties	9023
under the lease without setoff or deduction or any other similar	9024
rights or defenses. Such an agreement may provide for renewal of a	9025
lease at the end of each term for another term, not exceeding two	9026
years, provided that no renewal shall be effective until the	9027
effective date of an appropriation enacted by the general assembly	9028
from which the department of administrative services, or the using	9029
or participating agency, may lawfully pay rentals under such	9030
lease. For purposes of this section, the term "lease" may include,	9031
without limitation, any agreement between the department of	9032
administrative services, or the using or participating agency, and	9033
the authority with respect to any costs of capital facilities to	9034
be incurred prior to land acquisition.	9035

(B) If the director of administrative services or the	9036
director of a state agency using or participating in an office	9037
facility and related storage and parking facility certifies that	9038
space in such facility acquired, purchased, constructed,	9039
reconstructed, rehabilitated, remodeled, renovated, enlarged,	9040
improved, altered, operated, maintained, equipped, furnished,	9041
repaired, painted, decorated, or financed by the authority has	9042
become unnecessary for state use, the authority may lease any	9043
excess space in such facility and related storage and parking	9044
facility to any governmental entity.	9045

(C) If space in any office facility leased by the authority	9046
to the department of administrative services is not immediately	9047
necessary for state use, the department of administrative services	9048
may exercise its authority under division (A)~~(9)~~(5) of section	9049
123.01 of the Revised Code with respect to such space.	9050

(D) Capital facilities acquired, purchased, constructed,	9051
reconstructed, rehabilitated, remodeled, renovated, enlarged,	9052
improved, altered, operated, maintained, equipped, furnished,	9053
repaired, painted, decorated, or financed by the Ohio building	9054
authority, other than any office facility and related storage and	9055
parking facility required to be leased pursuant to division (A) of	9056
this section, shall be leased to the department of administrative	9057
services, the state agency using the capital facilities, or the	9058
state agency participating in the capital facilities pursuant to	9059
section 152.33 of the Revised Code. The department of	9060
administrative services or the using or participating state agency	9061
may sublease such capital facilities to other state agencies or	9062
other governmental entities. Such parties, including other state	9063
agencies or state-supported or state-assisted institutions of	9064
higher education, may make other agreements for the use,	9065
construction, or operation of such capital facilities in any	9066
manner permitted by the lease or agreement with the authority and	9067
for the charging, collection, and deposit of such revenues and	9068
receipts of the using or participating state agency constituting	9069
available receipts, all upon such terms and conditions as the	9070
parties may agree upon and pursuant to this chapter	9071
notwithstanding other provisions of law affecting the leasing,	9072
acquisition, operation, or disposition of capital facilities by	9073
such parties. Any such lease between the authority and the	9074
department of administrative services or a using or participating	9075
state agency shall be for a period not to exceed the then current	9076
two-year period for which appropriations have been made by the	9077
general assembly to the department of administrative services or	9078
such using or participating state agency. The lease between the	9079
authority and the department of administrative services or the	9080
using or participating state agency may provide for renewal of the	9081
lease at the end of each term for another term, not exceeding two	9082
years, but no renewal shall be effective until the effective date	9083
of an appropriation enacted by the general assembly from which the	9084
department of administrative services or the using or	9085
participating state agency may lawfully pay rentals under such	9086
lease. Any such leases, subleases, or agreements may set forth the	9087
responsibilities of the authority, state agencies,	9088
state-supported, or state-assisted institutions of higher	9089
education, or other governmental entities as to the financing,	9090
assessment, planning, acquisition, purchase, construction,	9091
reconstruction, rehabilitation, remodeling, renovation,	9092
enlargement, improvement, alteration, subleasing, management,	9093
operation, maintenance, equipping, furnishing, repair, painting,	9094
decorating, and insuring of such capital facilities and other	9095
terms and conditions applicable thereto, and any other provisions	9096
mutually agreed upon for the purposes of this chapter. Promptly	9097
upon execution thereof, a signed or conformed copy of each such	9098
lease or sublease or agreement, and any supplement thereto,	9099
between the authority and a governmental entity shall be filed by	9100
the authority with the department of administrative services and	9101
the director of budget and management, and, promptly upon	9102
execution thereof, a signed or conformed copy of each such	9103
sublease or agreement between two governmental entities, not	9104
including the authority, shall be filed with the authority and the	9105
director of budget and management. For purposes of this section,	9106
the term "lease" may include, without limitation, any agreement	9107
between the department of administrative services or the state	9108
agency using or participating in such capital facilities and the	9109
authority with respect to any costs of capital facilities to be	9110
incurred prior to land acquisition.	9111

(E) The transfer of tangible personal property by lease under	9112
authority of this chapter is not a sale as used in Chapter 5739.	9113
of the Revised Code. Any agreement of a governmental entity to	9114
make rental, use, or other payments or payment of purchase price,	9115
in installments or otherwise, or repayments to or on account of	9116
the authority and the obligations issued by the authority, shall	9117
not be deemed to constitute indebtedness, bonded or otherwise, or	9118
bonds, notes, or other evidence of indebtedness of such	9119
governmental entity for the purpose of Chapter 133. of the Revised	9120
Code or any other purpose; such leases and agreements requiring	9121
payments beyond the current fiscal year are continuing contracts	9122
for the purposes of sections 5705.41 and 5705.44 of the Revised	9123
Code.	9124

(F) Any agreement between the department of administrative	9125
services or the state agency using or participating in such	9126
capital facilities and the authority that includes provision for	9127
the use of space by such using or participating state agency or	9128
the department of administrative services, even if executed prior	9129
to land acquisition or completion of construction, improvements,	9130
or financing, shall be a lease for purposes of this chapter and	9131
for all other purposes. No such lease need be recorded or	9132
recordable for purposes of determining its validity or legal	9133
sufficiency.	9134

Sec. 153.01. (A) Whenever any building or structure for the	9135
use of the state or any institution supported in whole or in part	9136
by the state or in or upon the public works of the state that is	9137
administered by the ~~director of administrative services~~Ohio	9138
facilities construction commission or by any other state officer	9139
or state agency authorized by law to administer a project,	9140
including an educational institution listed in section 3345.50 of	9141
the Revised Code, is to be erected or constructed, whenever	9142
additions, alterations, or structural or other improvements are to	9143
be made, or whenever heating, cooling, or ventilating plants or	9144
other equipment is to be installed or material supplied therefor,	9145
the estimated cost of which amounts to two hundred thousand	9146
dollars or more, or the amount determined pursuant to section	9147
153.53 of the Revised Code or more, each officer, board, or other	9148
authority upon which devolves the duty of constructing, erecting,	9149
altering, or installing the same, referred to in sections 153.01	9150
to 153.60 of the Revised Code as the public authority, shall cause	9151
to be made, by an architect or engineer whose contract of	9152
employment shall be prepared and approved by the attorney general,	9153
the following:	9154

(1) Full and accurate plans, suitable for the use of	9155
mechanics and other builders in the construction, improvement,	9156
addition, alteration, or installation;	9157

(2) Details to scale and full-sized, so drawn and represented	9158
as to be easily understood;	9159

(3) Definite and complete specifications of the work to be	9160
performed, together with directions that will enable a competent	9161
mechanic or other builder to carry them out and afford bidders all	9162
needful information;	9163

(4) A full and accurate estimate of each item of expense and	9164
the aggregate cost of those items of expense;	9165

(5) A life-cycle cost analysis;

9166

(6) Further data as may be required by the ~~department of~~	9167
~~administrative services~~Ohio facilities construction commission.	9168

(B) Division (A) of this section shall not be required with	9169
respect to a construction management contract entered into with a	9170
construction manager at risk as described in section 9.334 of the	9171
Revised Code or a design-build contract entered into with a	9172
design-build firm as described in section 153.693 of the Revised	9173
Code.	9174

Sec. 153.011. (A) Except as provided in division (D) of this	9175
section, whenever any building or structure, including highway	9176
improvements, in whole or in part supported by state capital	9177
funds, including moneys from the education facilities trust fund,	9178
is to be erected or constructed, or whenever additions,	9179
alterations, or structural or other improvements are to be made,	9180
if any steel products are to be purchased for or provided in the	9181
construction, repair, or improvement project, only steel products	9182
as defined in division (F) of this section shall be purchased for	9183
or provided in the project.	9184

(B)(1) No person shall purchase or provide steel products in	9185
violation of division (A) of this section.	9186

(2) Notwithstanding division (B) of section 153.99 of the	9187
Revised Code, no person who purchases steel products in violation	9188
of division (A) of this section shall be held liable in a civil	9189
action commenced under division (C) of this section, or pay a	9190
civil penalty under division (B) of section 153.99 of the Revised	9191
Code, if that person can demonstrate the person's compliance with	9192
division (E) of this section.	9193

(C) Whenever the executive director of ~~administrative~~	9194
~~services~~the Ohio facilities construction commission has	9195
reasonable cause to believe that any person has purchased or	9196
provided steel products in violation of division (A) of this	9197
section, the executive director shall conduct an investigation to	9198
determine whether the person has purchased or provided or is	9199
purchasing or providing steel products in violation of division	9200
(A) of this section. Upon conducting the investigation, if the	9201
executive director finds that the person has purchased or provided	9202
or is purchasing or providing steel products in violation of	9203
division (A) of this section, the executive director shall request	9204
the attorney general to commence a civil action under this section	9205
against the person for violating division (A) of this section. The	9206
remedy provided in this section is concurrent with any other	9207
remedy provided in this chapter, and the existence or exercise of	9208
one remedy does not prevent the exercise of any other. Upon	9209
collection of the civil penalty under division (B) of section	9210
153.99 of the Revised Code, pursuant to an action authorized under	9211
this section, the attorney general shall pay the money collected	9212
to the treasurer of the board of education of the city, local, or	9213
exempted village school district and joint vocational school	9214
district, if one exists, in which the construction, repair, or	9215
improvement project for which the steel products used in violation	9216
of division (A) of this section is located. The treasurer shall	9217
deposit the civil penalty in equal amounts into the school	9218
district's general fund and the joint vocational school district's	9219
general fund. If a joint vocational school district does not exist	9220
where the violation occurred, then the entire sum of the civil	9221
penalty shall be deposited into the school district's general	9222
fund.	9223

(D) Pursuant to section 5525.21 of the Revised Code, the	9224
director of transportation may authorize the purchase or provision	9225
or both of a minimal amount of foreign steel products for use in	9226
contracts for public bridge projects.	9227

The executive director of ~~administrative services~~the Ohio	9228
facilities construction commission may waive the requirements of	9229
division (A) of this section if the executive director determines	9230
that either division (A) or (B) of section 5525.21 of the Revised	9231
Code is true in connection with a public bridge project. The	9232
executive director shall issue this determination in writing.	9233

(E) The following notice shall be included in boldface type	9234
and capital letters in all bid notifications and specifications	9235
between all parties to any contract authorized under Chapter 153.	9236
of the Revised Code or subject to this section and section 153.99	9237
of the Revised Code: "Domestic steel use requirements as specified	9238
in section 153.011 of the Revised Code apply to this project.	9239
Copies of section 153.011 of the Revised Code can be obtained from	9240
~~any of~~ the ~~offices~~office of the ~~department of administrative~~	9241
~~services~~Ohio facilities construction commission."	9242

(F) As used in this section:

9243

(1) "Steel products" means products rolled, formed, shaped,	9244
drawn, extruded, forged, cast, fabricated or otherwise similarly	9245
processed, or processed by a combination of two or more of such	9246
operations, and used for load-bearing structural purposes, from	9247
steel made in the United States by the open hearth, basic oxygen,	9248
electric furnace, bessemer or other steel making process.	9249

(2) "United States" means the United States of America and	9250
includes all territory, continental or insular, subject to the	9251
jurisdiction of the United States.	9252

Sec. 153.013. If a project for the construction, alteration,	9253
or other improvement of a building or structure is administered by	9254
the executive director of ~~administrative services~~the Ohio	9255
facilities construction commission or by another state agency	9256
authorized to administer a project under this chapter, if the	9257
project is located in a municipal corporation with a population of	9258
at least four hundred thousand that is in a county with a	9259
population of at least one million two hundred thousand, and if a	9260
political subdivision contributes at least one hundred thousand	9261
dollars to the project, then a contractor for the project shall	9262
comply with regulations or ordinances of the political subdivision	9263
that are in effect before July 1, 2009, and that specifically	9264
relate to the employment of residents and local businesses of the	9265
political subdivision in the performance of the work of the	9266
project, and such ordinances or regulations shall be included by	9267
reference unambiguously in the contract between the administering	9268
state agency and the contractor for the project.	9269

Sec. 153.02. (A) The executive director of ~~administrative~~	9270
~~services, on the director's own initiative or upon request of~~ the	9271
Ohio ~~school~~ facilities construction commission, may debar a	9272
contractor from contract awards for public improvements as	9273
referred to in section 153.01 of the Revised Code or for projects	9274
as defined in section 3318.01 of the Revised Code, upon proof that	9275
the contractor has done any of the following:	9276

(1) Defaulted on a contract requiring the execution of a	9277
takeover agreement as set forth in division (B) of section 153.17	9278
of the Revised Code;	9279

(2) Knowingly failed during the course of a contract to	9280
maintain the coverage required by the bureau of workers'	9281
compensation;	9282

(3) Knowingly failed during the course of a contract to	9283
maintain the contractor's drug-free workplace program as required	9284
by the contract;	9285

(4) Knowingly failed during the course of a contract to	9286
maintain insurance required by the contract or otherwise by law,	9287
resulting in a substantial loss to the owner, as owner is referred	9288
to in section 153.01 of the Revised Code, or to the commission and	9289
school district board, as provided in division (F) of section	9290
3318.08 of the Revised Code;	9291

(5) Misrepresented the firm's qualifications in the selection	9292
process set forth in sections 153.65 to 153.71 or section 3318.10	9293
of the Revised Code;	9294

(6) Been convicted of a criminal offense related to the	9295
application for or performance of any public or private contract,	9296
including, but not limited to, embezzlement, theft, forgery,	9297
bribery, falsification or destruction of records, receiving stolen	9298
property, and any other offense that directly reflects on the	9299
contractor's business integrity;	9300

(7) Been convicted of a criminal offense under state or	9301
federal antitrust laws;	9302

(8) Deliberately or willfully submitted false or misleading	9303
information in connection with the application for or performance	9304
of a public contract;	9305

(9) Been debarred from bidding on or participating in a	9306
contract with any state or federal agency.	9307

(B) When the executive director reasonably believes that	9308
grounds for debarment exist, the executive director shall send the	9309
contractor a notice of proposed debarment indicating the grounds	9310
for the proposed debarment and the procedure for requesting a	9311
hearing on the proposed debarment. The hearing shall be conducted	9312
in accordance with Chapter 119. of the Revised Code. If the	9313
contractor does not respond with a request for a hearing in the	9314
manner specified in Chapter 119. of the Revised Code, the	9315
executive director shall issue the debarment decision without a	9316
hearing and shall notify the contractor of the decision by	9317
certified mail, return receipt requested.	9318

(C) The executive director shall determine the length of the	9319
debarment period and may rescind the debarment at any time upon	9320
notification to the contractor. During the period of debarment,	9321
the contractor is not eligible to bid for or participate in any	9322
contract for a public improvement as referred to in section 153.01	9323
of the Revised Code or for a project as defined in section 3318.01	9324
of the Revised Code. After the debarment period expires, the	9325
contractor shall be eligible to bid for and participate in such	9326
contracts.	9327

(D) The executive director~~, through the office of the state~~	9328
~~architect,~~ shall maintain a list of all contractors currently	9329
debarred under this section. Any governmental entity awarding a	9330
contract for construction of a public improvement or project may	9331
use a contractor's presence on the debarment list to determine	9332
whether a contractor is responsible or best under section 9.312 or	9333
any other section of the Revised Code in the award of a contract.	9334

Sec. 153.04. The plans, details, bills of material,	9335
specifications of work, estimates of cost in detail and in the	9336
aggregate, life-cycle cost analysis, form of bid, bid guaranty,	9337
and other data that may be required shall be prepared on such	9338
material and in such manner and form as are prescribed by the	9339
~~department of administrative services~~Ohio facilities construction	9340
commission. The life-cycle costs shall be a primary consideration	9341
in the selection of a design. The same shall be deposited and	9342
safely kept in the office of the owner as defined in section	9343
153.01 of the Revised Code as the property of the state.	9344

Sec. 153.06. After the proceedings required by sections	9345
153.01 and 153.04 of the Revised Code have been complied with, the	9346
owner referred to in section 153.01 of the Revised Code shall give	9347
public notice of the time and place when and where bids will be	9348
received for performing the labor and furnishing the materials of	9349
such construction, improvement, alteration, addition, or	9350
installation, and a contract awarded, except for materials	9351
manufactured by the state or labor supplied by a county department	9352
of job and family services that may enter into the same. The form	9353
of bid approved by the ~~department of administrative services~~Ohio	9354
facilities construction commission shall be used, and a bid shall	9355
be invalid and not considered unless such form is used without	9356
change, alteration, or addition. Bidders may be permitted to bid	9357
upon all the branches of work and materials to be furnished and	9358
supplied, or upon any thereof, or alternately upon all or any	9359
thereof.	9360

Sec. 153.07. The notice provided for in section 153.06 of	9361
the Revised Code shall be published once each week for three	9362
consecutive weeks in a newspaper of general circulation, or as	9363
provided in section 7.16 of the Revised Code, in the county where	9364
the activity for which bids are submitted is to occur and in such	9365
other newspapers as ordered by the ~~department of administrative~~	9366
~~services~~Ohio facilities construction commission, the last	9367
publication to be at least eight days preceding the day for	9368
opening the bids, and in such form and with such phraseology as	9369
the ~~department~~commission orders. Copies of the plans, details,	9370
estimates of cost, and specifications shall be open to public	9371
inspection at all business hours between the day of the first	9372
publication and the day for opening the bids, at the office of the	9373
~~department~~commission where the bids are received, and such other	9374
place as may be designated in such notice.	9375

Sec. 153.08. On the day and at the place named in the notice	9376
provided for in section 153.06 of the Revised Code, the owner	9377
referred to in section 153.01 of the Revised Code shall open the	9378
bids and shall publicly, with the assistance of the architect or	9379
engineer, immediately proceed to tabulate the bids upon duplicate	9380
sheets. The public bid opening may be broadcast by electronic	9381
means pursuant to rules established by the ~~director of~~	9382
~~administrative services~~Ohio facilities construction commission. A	9383
bid shall be invalid and not considered unless a bid guaranty	9384
meeting the requirements of section 153.54 of the Revised Code and	9385
in the form approved by the ~~department of administrative services~~	9386
commission is filed with such bid. For a bid that is not filed	9387
electronically, the bid and bid guaranty shall be filed in one	9388
sealed envelope. If the bid and bid guaranty are filed	9389
electronically, they must be received electronically before the	9390
deadline published pursuant to section 153.06 of the Revised Code.	9391
For all bids filed electronically, the original, unaltered bid	9392
guaranty shall be made available to the public authority after the	9393
public bid opening. After investigation, which shall be completed	9394
within thirty days, the contract shall be awarded by such owner to	9395
the lowest responsive and responsible bidder in accordance with	9396
section 9.312 of the Revised Code.	9397

No contract shall be entered into until the industrial	9398
commission has certified that the person so awarded the contract	9399
has complied with sections 4123.01 to 4123.94 of the Revised Code,	9400
until, if the bidder so awarded the contract is a foreign	9401
corporation, the secretary of state has certified that such	9402
corporation is authorized to do business in this state, until, if	9403
the bidder so awarded the contract is a person nonresident of this	9404
state, such person has filed with the secretary of state a power	9405
of attorney designating the secretary of state as its agent for	9406
the purpose of accepting service of summons in any action brought	9407
under section 153.05 of the Revised Code or under sections 4123.01	9408
to 4123.94 of the Revised Code, and until the contract and bond,	9409
if any, are submitted to the attorney general and the attorney	9410
general's approval certified thereon.	9411

No contract shall be entered into unless the bidder possesses	9412
a valid certificate of compliance with affirmative action programs	9413
issued pursuant to section 9.47 of the Revised Code and dated no	9414
earlier than one hundred eighty days prior to the date fixed for	9415
the opening of bids for a particular project.	9416

Sec. 153.09. If in the opinion of the owner referred to in	9417
section 153.01 of the Revised Code, the award of a contract to the	9418
lowest responsive and responsible bidder is not in the best	9419
interests of the state, the owner may accept another bid so opened	9420
or reject all bids, and advertise for other bids. Such	9421
advertisement shall be for such time, in such form, and in such	9422
newspaper as the ~~department~~Ohio facilities construction	9423
commission directs. All contracts shall provide that such owner	9424
may make any change in work or materials on the conditions and in	9425
the manner provided in sections 153.10 and 153.11 of the Revised	9426
Code.	9427

Sec. 153.11. Whenever the change referred to in section	9428
153.10 of the Revised Code is approved by the owner as defined in	9429
section 153.01 of the Revised Code, accepted in writing by the	9430
contractor, and filed, the same shall be considered as being a	9431
part of the original contract, and the bond theretofore executed	9432
shall be ~~held~~increased or decreased accordingly to include and	9433
cover the ~~same~~change in the contract.	9434

Sec. 153.12. (A) With respect to award of any contract for	9435
the construction, reconstruction, improvement, enlargement,	9436
alteration, repair, painting, or decoration of a public	9437
improvement made by the state, or any county, township, municipal	9438
corporation, school district, or other political subdivision, or	9439
any public board, commission, authority, instrumentality, or	9440
special purpose district of or in the state or a political	9441
subdivision or that is authorized by state law, the award, and	9442
execution of the contract, shall be made within sixty days after	9443
the date on which the bids are opened. The failure to award and	9444
execute the contract within sixty days invalidates the entire bid	9445
proceedings and all bids submitted, unless the time for awarding	9446
and executing the contract is extended by mutual consent of the	9447
owner or its representatives and the bidder whose bid the owner	9448
accepts and with respect to whom the owner subsequently awards and	9449
executes a contract. The public owners referred to in this section	9450
shall include, in the plans and specifications for the project for	9451
which bids are solicited, the estimate of cost. The bid for which	9452
the award is to be made shall be opened at the time and place	9453
named in the advertisement for bids, unless extended by the owner	9454
or its representative or unless, within seventy-two hours prior to	9455
the published time for the opening of bids, excluding Saturdays,	9456
Sundays, and legal holidays, any modification of the plans or	9457
specifications and estimates of cost for the project for which	9458
bids are solicited is issued and mailed or otherwise furnished to	9459
persons who have obtained plans or specifications for the project,	9460
for which the time for opening of bids shall be extended one week,	9461
with no further advertising of bids required. The contractor, upon	9462
request, is entitled to a notice to proceed with the work by the	9463
owner or its representative upon execution of the contract. No	9464
contract to which this section applies shall be entered into if	9465
the price of the contract, or, if the project involves multiple	9466
contracts where the total price of all contracts for the project,	9467
is in excess of ten per cent above the entire estimate thereof,	9468
nor shall the entire cost of the construction, reconstruction,	9469
repair, painting, decorating, improvement, alteration, addition,	9470
or installation, including changes and estimates of expenses for	9471
architects or engineers, exceed in the aggregate the amount	9472
authorized by law.	9473

The unit or lump sum price stated in the contract shall be	9474
used in determining the amount to be paid and shall constitute	9475
full and final compensation for all the work.	9476

Partial payment to the contractor for work performed under	9477
the lump sum price shall be based on a schedule prepared by the	9478
contractor and approved by the architect or engineer who shall	9479
apportion the lump sum price to the major components entering into	9480
or forming a part of the work under the lump sum price.	9481

Partial payments to the contractor for labor performed under	9482
either a unit or lump sum price contract shall be made at the rate	9483
of ninety-two per cent of the estimates prepared by the contractor	9484
and approved by the architect or engineer. All labor performed	9485
after the job is fifty per cent completed shall be paid for at the	9486
rate of one hundred per cent of the estimates submitted by the	9487
contractor and approved by the architect or engineer.	9488

The amounts and time of payments of any public improvements	9489
contract made by the state or any county, township, municipal	9490
corporation, school district, or other political subdivision, or	9491
any public board, commission, authority, instrumentality, or	9492
special purpose district of or in the state or a political	9493
subdivision or that is authorized by state law, except as provided	9494
in section 5525.19 of the Revised Code, shall be governed by this	9495
section and sections 153.13 and 153.14 of the Revised Code. If the	9496
time for awarding the contract is extended by mutual consent, or	9497
if the owner or its representative fails to issue a timely notice	9498
to proceed as required by this section, the owner or its	9499
representative shall issue a change order authorizing delay costs	9500
to the contractor, which does not invalidate the contract. The	9501
amount of such a change order to the owner shall be determined in	9502
accordance with the provisions of the contract for change orders	9503
or force accounts or, if no such provision is set forth in the	9504
contract, the cost to the owner shall be the contractor's actual	9505
costs including wages, labor costs other than wages, wage taxes,	9506
materials, equipment costs and rentals, insurance, and	9507
subcontracts attributable to the delay, plus a reasonable sum for	9508
overhead. In the event of a dispute between the owner and the	9509
contractor concerning such change order, procedures shall be	9510
commenced under the applicable terms of the contract, or, if the	9511
contract contains no provision for resolving the dispute, it shall	9512
be resolved pursuant to the procedures for arbitration in Chapter	9513
2711. of the Revised Code, except as provided in division (B) of	9514
this section. Nothing in this division shall be construed as a	9515
limitation upon the authority of the director of transportation	9516
granted in Chapter 5525. of the Revised Code.	9517

(B) If a dispute arises between the state and a contractor	9518
concerning the terms of a public improvement contract let by the	9519
state or concerning a breach of the contract, and after	9520
administrative remedies provided for in such contract and any	9521
alternative dispute resolution procedures provided in accordance	9522
with guidelines established by the executive director of	9523
~~administrative services~~the Ohio facilities construction	9524
commission are exhausted, the contractor may bring an action to	9525
the court of claims in accordance with Chapter 2743. of the	9526
Revised Code. The state or the contractor may request the chief	9527
justice of the supreme court to appoint a referee or panel of	9528
referees in accordance with division (C)(3) of section 2743.03 of	9529
the Revised Code. As used in this division, "dispute" means a	9530
disagreement between the state and the contractor concerning a	9531
public improvement contract let by the state.	9532

Sec. 153.14. For the construction of those projects,	9533
improvements, and public buildings over which the ~~director of~~	9534
~~administrative services~~Ohio facilities construction commission	9535
has general supervision pursuant to section ~~123.01~~123.21 of the	9536
Revised Code, the estimates referred to in section 153.13 of the	9537
Revised Code shall be filed with the executive director by the	9538
owner referred to in section 153.01 or 153.12 of the Revised Code.	9539
Upon completion of a project referred to in section 153.13 of the	9540
Revised Code or any divisible part thereof, the maintenance and	9541
repair of such project or divisible part shall be assumed by the	9542
owner referred to in section 153.01 or 153.12 of the Revised Code.	9543

In addition to all other payments on account of work	9544
performed, there shall be allowed by the owner referred to in	9545
section 153.01 or 153.12 of the Revised Code and paid to the	9546
contractor a sum at the rate of ninety-two per cent of the invoice	9547
costs, not to exceed the bid price in a unit price contract, of	9548
material delivered on the site of the work, or a railroad station,	9549
siding, or other point in the vicinity of the work, or other	9550
approved storage site, provided such materials have been inspected	9551
and found to meet the specifications. The balance of such invoiced	9552
value shall be paid when such material is incorporated into and	9553
becomes a part of such building, construction, addition,	9554
improvement, alteration, or installation. When an estimate is	9555
allowed on account of material delivered on the site of the work	9556
or in the vicinity thereof or under the possession and control of	9557
the contractor but not yet incorporated therein, such material	9558
shall become the property of the owner under the contract, but if	9559
such material is stolen, destroyed, or damaged by casualty before	9560
being used, the contractor shall be required to replace it at ~~his~~	9561
the contractor's own expense.	9562

When the rate of work and amounts involved are so large that	9563
it is considered advisable by the owner or contractor, estimates	9564
and payments shall be made twice each month.	9565

Payment on approved estimates filed with the owner or its	9566
representative shall be made within thirty days. Upon the failure	9567
of the owner or its representative to make such payments within	9568
thirty days, or upon an unauthorized withholding of retainage,	9569
there shall be allowed to the contractor, in addition to any other	9570
remedies allowed by law, interest on such moneys not paid within	9571
thirty days. Interest on the unauthorized withholding of retainage	9572
shall be in addition to any interest earned in the escrow account	9573
set forth in section 153.13 of the Revised Code. The rate of such	9574
interest shall be the average of the prime rate established at the	9575
commercial banks in the city of over one hundred thousand	9576
population that is nearest the construction project. Nothing in	9577
this section shall be construed as a limitation upon the authority	9578
of the director of transportation granted in Chapter 5525. of the	9579
Revised Code.	9580

Sec. 153.16. (A) The executive director of ~~administrative~~	9581
~~services~~the Ohio facilities construction commission shall	9582
establish policy and procedure guidelines for contract documents	9583
in conjunction with the administration of public works contracts	9584
that the state or any institution supported in whole or in part by	9585
the state enters into for any project subject to sections 153.01	9586
to 153.11 of the Revised Code.	9587

(B) Notwithstanding any contract provision to the contrary,	9588
any claim submitted under a public works contract that the state	9589
or any institution supported in whole or in part by the state	9590
enters into for any project subject to sections 153.01 to 153.11	9591
of the Revised Code shall be resolved within one hundred twenty	9592
days. After the end of this one hundred twenty-day period, the	9593
contractor shall be deemed to have exhausted all administrative	9594
remedies for purposes of division (B) of section 153.12 of the	9595
Revised Code.	9596

Sec. 153.17. (A) When in the opinion of the owner referred	9597
to in section 153.01 of the Revised Code, the work under any	9598
contract made under any law of the state is neglected by the	9599
contractor or such work is not prosecuted with the diligence and	9600
force specified or intended in the contract, such owner may make	9601
requisition upon the contractor for such additional specific force	9602
or materials to be brought into the work under such contract or to	9603
remove improper materials from the grounds as in their judgment	9604
the contract and its faithful fulfillment requires.	9605

Not less than five days' notice in writing of such action	9606
shall be served upon the contractor or the contractor's agent in	9607
charge of the work. If the contractor fails to comply with such	9608
requisition within fifteen days, such owner with the written	9609
consent of the ~~department of administrative services~~Ohio	9610
facilities construction commission, may employ upon the work the	9611
additional force, or supply the special materials or such part of	9612
either as is considered proper, and may remove improper materials	9613
from the grounds.	9614

(B) When the original contractor has defaulted on a contract	9615
and the surety has declined to take over the project, the owner	9616
may contract with one or more takeover contractors to complete	9617
work that was not finished because of the default of the original	9618
contractor. The owner may enter into a contract with a takeover	9619
contractor without competitive bidding or controlling board	9620
approval. Upon execution of a takeover contract, the owner shall	9621
notify the director of budget and management.	9622

When the owner has taken over a project after a default has	9623
occurred, any moneys that the owner receives from the surety as a	9624
settlement for completion of the project shall be deposited in the	9625
original fund from which the capital appropriation for the project	9626
was made. The executive director, without controlling board	9627
approval, may authorize specified additional uses for the moneys	9628
related to completion of the project and may increase the	9629
appropriation authority in the appropriation line item used to	9630
fund the project by an amount equal to the moneys received from	9631
the surety.	9632

Sec. 153.502. (A) Each construction manager at risk and	9633
design-build firm shall establish criteria by which it will	9634
prequalify prospective bidders on subcontracts awarded for work to	9635
be performed under the construction management or design-build	9636
contract. The criteria established by a construction manager at	9637
risk or design-build firm shall be subject to the approval of the	9638
public authority involved in the project and shall be consistent	9639
with the rules adopted by the ~~department of administrative~~	9640
~~services~~Ohio facilities construction commission pursuant to	9641
section 153.503 of the Revised Code.	9642

(B) For each subcontract to be awarded, the construction	9643
manager at risk or design-build firm shall identify at least three	9644
prospective bidders that are prequalified to bid on that	9645
subcontract, except that the construction manager at risk or	9646
design-build firm shall identify fewer than three if the	9647
construction manager at risk or design-build firm establishes to	9648
the satisfaction of the public authority that fewer than three	9649
prequalified bidders are available. The public authority shall	9650
verify that each prospective bidder meets the prequalification	9651
criteria and may eliminate any bidder it determines is not	9652
qualified.	9653

(C) Once the prospective bidders are prequalified and found	9654
acceptable by the public authority, the construction manager at	9655
risk or design-build firm shall solicit proposals from each of	9656
those bidders. The solicitation and selection of a subcontractor	9657
shall be conducted under an open book pricing method. As used in	9658
this division, "open book pricing method" has the same meaning as	9659
in section 9.33 of the Revised Code, in the case of a construction	9660
manager at risk, and the same meaning as in section 153.65 of the	9661
Revised Code, in the case of a design-build firm.	9662

(D) A construction manager at risk or design-build firm shall	9663
not be required to award a subcontract to a low bidder.	9664

Sec. 153.503. The ~~department of administrative services~~Ohio	9665
facilities construction commission, pursuant to Chapter 119. of	9666
the Revised Code ~~and not later than June 30, 2012~~, shall adopt	9667
rules to do all of the following:	9668

(A) Prescribe the procedures and criteria for determining the	9669
best value selection of a construction manager at risk or	9670
design-build firm;	9671

(B) ~~In consultation with the state architect's office, set~~	9672
Set forth standards to be followed by construction managers at	9673
risk and design-build firms when establishing prequalification	9674
criteria pursuant to section 153.502 of the Revised Code;	9675

(C) Prescribe the form for the contract documents to be used	9676
by a construction manager at risk, design-build firm, or general	9677
contractor when entering into a subcontract;	9678

(D) Prescribe the form for the contract documents to be used	9679
by a public authority when entering into a contract with a	9680
construction manager at risk or design-build firm.	9681

Sec. 153.53. (A) As used in this section, "rate of	9682
inflation" has the same meaning as in section 107.032 of the	9683
Revised Code.	9684

(B) Five years after ~~the effective date of this section~~	9685
September 29, 2011, and every five years thereafter, the executive	9686
director of ~~administrative services~~the Ohio facilities	9687
construction commission shall evaluate the monetary threshold	9688
specified in section 153.01 of the Revised Code and adopt rules	9689
adjusting that amount based on the average rate of inflation	9690
during each of the previous five years immediately preceding such	9691
adjustment.	9692

Sec. 167.04. (A) The regional council of governments shall	9693
adopt by-laws, by a majority vote of its members, designating the	9694
officers of the council and the method of their selection,	9695
creating a governing board that may act for the council as	9696
provided in the by-laws, and providing for the conduct of its	9697
business.	9698

(B) The by-laws of the regional council of governments shall	9699
provide for the appointment of a fiscal officer, who may hold any	9700
other office or employment with the council, and who shall	9701
receive, deposit, invest, and disburse the funds of the council in	9702
the manner authorized by the by-laws or action by the council.	9703

(C) The by-laws of a regional council of governments the	9704
members of which include, under sections 167.01 and 167.02 of the	9705
Revised Code, at least eight counties may include a provision	9706
authorizing member attendance and voting at council meetings	9707
either in person or by proxy.	9708

(D)(1) Within ten business days after forming a regional	9709
council of governments, the officers of the council shall notify	9710
the auditor of state of the regional council's formation and shall	9711
provide on a form prescribed by the auditor of state the	9712
information regarding the regional council that the auditor of	9713
state considers necessary.	9714

(2) As used in this division, "business day" means a day of	9715
the week, excluding Saturday, Sunday, or a legal holiday as	9716
defined in section 1.14 of the Revised Code.	9717

Sec. 173.14. As used in sections 173.14 to 173.27 of the	9718
Revised Code:	9719

(A)(1) Except as otherwise provided in division (A)(2) of	9720
this section, "long-term care facility" includes any residential	9721
facility that provides personal care services for more than	9722
twenty-four hours for two or more unrelated adults, including all	9723
of the following:	9724

(a) A "nursing home," "residential care facility," or "home	9725
for the aging" as defined in section 3721.01 of the Revised Code;	9726

(b) A facility authorized to provide extended care services	9727
under Title XVIII of the "Social Security Act," 49 Stat. 620	9728
(1935), 42 U.S.C. 301, as amended, including a long-term acute	9729
care hospital that provides medical and rehabilitative care to	9730
patients who require an average length of stay greater than	9731
twenty-five days and is classified by the centers for medicare and	9732
medicaid services as a long-term care hospital pursuant to 42	9733
C.F.R. 412.23(e);	9734

(c) A county home or district home operated pursuant to	9735
Chapter 5155. of the Revised Code;	9736

(d) ~~An "adult care~~A residential facility~~" as defined in~~	9737
licensed under section ~~5119.70~~5119.22 of the Revised Code that	9738
provides accommodations, supervision, and personal care services	9739
for three to sixteen unrelated adults;	9740

(e) A facility approved by the veterans administration under	9741
section 104(a) of the "Veterans Health Care Amendments of 1983,"	9742
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	9743
the placement and care of veterans;	9744

(f) An adult foster home certified under section 5119.692 of	9745
the Revised Code.	9746

(2) "Long-term care facility" does not include ~~a "residential~~	9747
~~facility" as defined in section 5119.22 of the Revised Code or~~ a	9748
"residential facility~~" as defined in~~licensed under section	9749
5123.19 of the Revised Code.	9750

(B) "Resident" means a resident of a long-term care facility	9751
and, where appropriate, includes a prospective, previous, or	9752
deceased resident of a long-term care facility.	9753

(C) "Community-based long-term care services" means health	9754
and social services provided to persons in their own homes or in	9755
community care settings, and includes any of the following:	9756

(1) Case management;

9757

(2) Home health care;

9758

(3) Homemaker services;

9759

(4) Chore services;

9760

(5) Respite care;

9761

(6) Adult day care;

9762

(7) Home-delivered meals;

9763

(8) Personal care;

9764

(9) Physical, occupational, and speech therapy;

9765

(10) Transportation;

9766

(11) Any other health and social services provided to persons	9767
that allow them to retain their independence in their own homes or	9768
in community care settings.	9769

(D) "Recipient" means a recipient of community-based	9770
long-term care services and, where appropriate, includes a	9771
prospective, previous, or deceased recipient of community-based	9772
long-term care services.	9773

(E) "Sponsor" means an adult relative, friend, or guardian	9774
who has an interest in or responsibility for the welfare of a	9775
resident or a recipient.	9776

(F) "Personal care services" has the same meaning as in	9777
section 3721.01 of the Revised Code.	9778

(G) "Regional long-term care ombudsperson program" means an	9779
entity, either public or private and nonprofit, designated as a	9780
regional long-term care ombudsperson program by the state	9781
long-term care ombudsperson.	9782

(H) "Representative of the office of the state long-term care	9783
ombudsperson program" means the state long-term care ombudsperson	9784
or a member of the ombudsperson's staff, or a person certified as	9785
a representative of the office under section 173.21 of the Revised	9786
Code.	9787

(I) "Area agency on aging" means an area agency on aging	9788
established under the "Older Americans Act of 1965," 79 Stat. 219,	9789
42 U.S.C.A. 3001, as amended.	9790

Sec. 173.21. (A) The office of the state long-term care	9791
ombudsperson program, through the state long-term care	9792
ombudsperson and the regional long-term care ombudsperson	9793
programs, shall require each representative of the office to	9794
complete a training and certification program in accordance with	9795
this section and to meet the continuing education requirements	9796
established under this section.	9797

(B) The department of aging shall adopt rules under Chapter	9798
119. of the Revised Code specifying the content of training	9799
programs for representatives of the office of the state long-term	9800
care ombudsperson program. Training for representatives other than	9801
those who are volunteers providing services through regional	9802
long-term care ombudsperson programs shall include instruction	9803
regarding federal, state, and local laws, rules, and policies on	9804
long-term care facilities and community-based long-term care	9805
services; investigative techniques; and other topics considered	9806
relevant by the department and shall consist of the following:	9807

(1) A minimum of forty clock hours of basic instruction,	9808
which shall be completed before the trainee is permitted to handle	9809
complaints without the supervision of a representative of the	9810
office certified under this section;	9811

(2) An additional sixty clock hours of instruction, which	9812
shall be completed within the first fifteen months of employment;	9813

(3) An internship of twenty clock hours, which shall be	9814
completed within the first twenty-four months of employment,	9815
including instruction in, and observation of, basic nursing care	9816
and long-term care provider operations and procedures. The	9817
internship shall be performed at a site that has been approved as	9818
an internship site by the state long-term care ombudsperson.	9819

(4) One of the following, which shall be completed within the	9820
first twenty-four months of employment:	9821

(a) Observation of a survey conducted by the director of	9822
health to certify a facility to receive funds under sections	9823
5111.20 to 5111.32 of the Revised Code;	9824

(b) Observation of an inspection conducted by the director of	9825
mental health to license ~~an adult care~~a residential facility	9826
under section ~~5119.73~~5119.22 of the Revised Code that provides	9827
accommodations, supervision, and personal care services for three	9828
to sixteen unrelated adults.	9829

(5) Any other training considered appropriate by the	9830
department.	9831

(C) Persons who for a period of at least six months prior to	9832
June 11, 1990, served as ombudsmen through the long-term care	9833
ombudsperson program established by the department of aging under	9834
division (M) of section 173.01 of the Revised Code shall not be	9835
required to complete a training program. These persons and persons	9836
who complete a training program shall take an examination	9837
administered by the department of aging. On attainment of a	9838
passing score, the person shall be certified by the department as	9839
a representative of the office. The department shall issue the	9840
person an identification card, which the representative shall show	9841
at the request of any person with whom the representative deals	9842
while performing the representative's duties and which shall be	9843
surrendered at the time the representative separates from the	9844
office.	9845

(D) The state ombudsperson and each regional program shall	9846
conduct training programs for volunteers on their respective	9847
staffs in accordance with the rules of the department of aging	9848
adopted under division (B) of this section. Training programs may	9849
be conducted that train volunteers to complete some, but not all,	9850
of the duties of a representative of the office. Each regional	9851
office shall bear the cost of training its representatives who are	9852
volunteers. On completion of a training program, the	9853
representative shall take an examination administered by the	9854
department of aging. On attainment of a passing score, a volunteer	9855
shall be certified by the department as a representative	9856
authorized to perform services specified in the certification. The	9857
department shall issue an identification card, which the	9858
representative shall show at the request of any person with whom	9859
the representative deals while performing the representative's	9860
duties and which shall be surrendered at the time the	9861
representative separates from the office. Except as a supervised	9862
part of a training program, no volunteer shall perform any duty	9863
unless he is certified as a representative having received	9864
appropriate training for that duty.	9865

(E) The state ombudsperson shall provide technical assistance	9866
to regional programs conducting training programs for volunteers	9867
and shall monitor the training programs.	9868

(F) Prior to scheduling an observation of a certification	9869
survey or licensing inspection for purposes of division (B)(4) of	9870
this section, the state ombudsperson shall obtain permission to	9871
have the survey or inspection observed from both the director of	9872
health and the long-term care facility at which the survey or	9873
inspection is to take place.	9874

(G) The department of aging shall establish continuing	9875
education requirements for representatives of the office.	9876

Sec. 173.23. (A) Representatives of the office of the state	9877
long-term care ombudsperson program are immune from civil or	9878
criminal liability for any action taken in the good faith	9879
performance of their official duties under sections 173.14 to	9880
173.26 of the Revised Code. ~~The department of aging shall ensure~~	9881
~~that adequate legal counsel is available to the office of the~~	9882
~~state long-term care ombudsperson program for advice and~~	9883
~~consultation and that legal representation is provided to any~~	9884
~~representative of the office against whom any legal action is~~	9885
~~brought in connection with the representative's official duties~~	9886
~~under sections 173.14 to 173.26 of the Revised Code.~~	9887

(B) A person acting in good faith is immune from civil or	9888
criminal liability incident to any of the following: providing	9889
information to the office, participating in registration of a	9890
complaint with the office, participating in investigation of a	9891
complaint by the office, or participating in an administrative or	9892
judicial proceeding resulting from a complaint.	9893

(C) No person shall knowingly register a false complaint with	9894
the office, or knowingly swear or affirm the truth of a false	9895
complaint previously registered, when the statement is made with	9896
purpose to incriminate another.	9897

(D) The attorney general shall provide legal counsel to the	9898
office of the state long-term care ombudsperson program and to the	9899
regional long-term care ombudsperson programs. The attorney	9900
general shall represent any representative of the office and any	9901
representative of a regional program against whom any legal action	9902
is brought in connection with the representative's official duties	9903
under sections 173.14 to 173.26 of the Revised Code.	9904

Sec. 173.26. (A) Each of the following facilities shall	9905
annually pay to the department of aging six dollars for each bed	9906
maintained by the facility for use by a resident during any part	9907
of the previous year:	9908

(1) Nursing homes, residential care facilities, and homes for	9909
the aging as defined in section 3721.01 of the Revised Code;	9910

(2) Facilities authorized to provide extended care services	9911
under Title XVIII of the "Social Security Act," 49 Stat. 620	9912
(1935), 42 U.S.C. 301, as amended, including a long-term acute	9913
care hospital that provides medical and rehabilitative care to	9914
patients who require an average length of stay greater than	9915
twenty-five days and is classified by the centers for medicare and	9916
medicaid services as a long-term care hospital pursuant to 42	9917
C.F.R. 412.23(e);	9918

(3) County homes and district homes operated pursuant to	9919
Chapter 5155. of the Revised Code;	9920

(4) ~~Adult care~~Residential facilities ~~as defined in~~licensed	9921
under section ~~5119.70~~5119.22 of the Revised Code that provide	9922
accommodations, supervision, and personal care services for three	9923
to sixteen unrelated adults;	9924

(5) Facilities approved by the Veterans Administration under	9925
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	9926
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	9927
the placement and care of veterans.	9928

The department shall, by rule adopted in accordance with	9929
Chapter 119. of the Revised Code, establish deadlines for payments	9930
required by this section. A facility that fails, within ninety	9931
days after the established deadline, to pay a payment required by	9932
this section shall be assessed at two times the original invoiced	9933
payment.	9934

(B) All money collected under this section shall be deposited	9935
in the state treasury to the credit of the office of the state	9936
long-term care ombudsperson program fund, which is hereby created.	9937
Money credited to the fund shall be used solely to pay the costs	9938
of operating the regional long-term care ombudsperson programs.	9939

(C) The state long-term care ombudsperson and the regional	9940
programs may solicit and receive contributions to support the	9941
operation of the office or a regional program, except that no	9942
contribution shall be solicited or accepted that would interfere	9943
with the independence or objectivity of the office or program.	9944

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

9945

(1) "Applicant" means a person who is under final	9946
consideration for employment with the office of the state	9947
long-term care ombudsperson program in a full-time, part-time, or	9948
temporary position that involves providing ombudsperson services	9949
to residents and recipients. "Applicant" includes~~, but is not~~	9950
~~limited to,~~ a person who is under final consideration for	9951
employment as the state long-term care ombudsperson or the head of	9952
a regional long-term care ombudsperson program. "Applicant" does	9953
not include a person ~~who provides~~seeking to provide ombudsperson	9954
services to residents and recipients as a volunteer without	9955
receiving or expecting to receive any form of remuneration other	9956
than reimbursement for actual expenses.	9957

(2) "Criminal records check" has the same meaning as in	9958
section 109.572 of the Revised Code.	9959

(3) "Disqualifying offense" means any of the following:

9960

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	9961
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	9962
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	9963
2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04,	9964
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	9965
2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	9966
2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	9967
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02,	9968
2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32,	9969
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	9970
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,	9971
2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23,	9972
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24,	9973
2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122,	9974
2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42,	9975
2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09,	9976
2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	9977
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	9978

(b) Felonious sexual penetration in violation of former	9979
section 2907.12 of the Revised Code;	9980

(c) A violation of section 2905.04 of the Revised Code as it	9981
existed prior to July 1, 1996;	9982

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	9983
the Revised Code when the underlying offense that is the object of	9984
the conspiracy, attempt, or complicity is one of the offenses	9985
listed in divisions (A)(3)(a) to (c) of this section;	9986

(e) A violation of an existing or former municipal ordinance	9987
or law of this state, any other state, or the United States that	9988
is substantially equivalent to any of the offenses listed in	9989
divisions (A)(3)(a) to (d) of this section.	9990

(4) "Employee" means a person employed by the office of the	9991
state long-term care ombudsperson program in a full-time,	9992
part-time, or temporary position that involves providing	9993
ombudsperson services to residents and recipients. "Employee"	9994
includes the person employed as the state long-term care	9995
ombudsperson and a person employed as the head of a regional	9996
long-term care ombudsperson program. "Employee" does not include a	9997
person who provides ombudsperson services to residents and	9998
recipients as a volunteer without receiving or expecting to	9999
receive any form of remuneration other than reimbursement for	10000
actual expenses.	10001

(5) "Responsible entity" means the following:

10002

(a) In the case of an applicant who is under final	10003
consideration for employment as the state long-term care	10004
ombudsperson or the person employed as the state long-term care	10005
ombudsperson, the director of aging;	10006

(b) In the case of any other applicant or employee, the state	10007
long-term care ombudsperson or the ombudsperson's designee.	10008

(B) The office of the state long-term care ombudsperson	10009
program may not employ an applicant or continue to employ an	10010
employee in a position that involves providing ombudsperson	10011
services to residents and recipients if any of the following	10012
apply:	10013

(1) A review of the databases listed in division (D) of this	10014
section reveals any of the following:	10015

(a) That the applicant or employee is included in one or more	10016
of the databases listed in divisions (D)(1) to (5) of this	10017
section;	10018

(b) That there is in the state nurse aide registry	10019
established under section 3721.32 of the Revised Code a statement	10020
detailing findings by the director of health that the applicant or	10021
employee neglected or abused a long-term care facility or	10022
residential care facility resident or misappropriated property of	10023
such a resident;	10024

(c) That the applicant or employee is included in one or more	10025
of the databases, if any, specified in rules adopted under this	10026
section and the rules prohibit the office from employing an	10027
applicant or continuing to employ an employee included in such a	10028
database in a position that involves providing ombudsperson	10029
services to residents and recipients.	10030

(2) After the applicant or employee is provided, pursuant to	10031
division (E)(2)(a) of this section, a copy of the form prescribed	10032
pursuant to division (C)(1) of section 109.572 of the Revised Code	10033
and the standard impression sheet prescribed pursuant to division	10034
(C)(2) of that section, the applicant or employee fails to	10035
complete the form or provide the applicant's or employee's	10036
fingerprint impressions on the standard impression sheet.	10037

(3) Except as provided in rules adopted under this section,	10038
the applicant or employee is found by a criminal records check	10039
required by this section to have been convicted of, pleaded guilty	10040
to, or been found eligible for intervention in lieu of conviction	10041
for a disqualifying offense.	10042

(C) The responsible entity shall inform each applicant of	10043
both of the following at the time of the applicant's initial	10044
application for employment in a position that involves providing	10045
ombudsperson services to residents and recipients:	10046

(1) That a review of the databases listed in division (D) of	10047
this section will be conducted to determine whether the office of	10048
the state long-term care ombudsperson program is prohibited by	10049
division (B)(1) of this section from employing the applicant in	10050
the position;	10051

(2) That, unless the database review reveals that the	10052
applicant may not be employed in the position, a criminal records	10053
check of the applicant will be conducted and the applicant is	10054
required to provide a set of the applicant's fingerprint	10055
impressions as part of the criminal records check.	10056

(D) As a condition of any applicant's being employed by the	10057
office of the state long-term care ombudsperson program in a	10058
position that involves providing ombudsperson services to	10059
residents and recipients, the responsible entity shall conduct a	10060
database review of the applicant in accordance with rules adopted	10061
under this section. If rules adopted under this section so	10062
require, the responsible entity shall conduct a database review of	10063
an employee in accordance with the rules as a condition of the	10064
office's continuing to employ the employee in a position that	10065
involves providing ombudsperson services to residents and	10066
recipients. A database review shall determine whether the	10067
applicant or employee is included in any of the following:	10068

(1) The excluded parties list system maintained by the United	10069
States general services administration pursuant to subpart 9.4 of	10070
the federal acquisition regulation;	10071

(2) The list of excluded individuals and entities maintained	10072
by the office of inspector general in the United States department	10073
of health and human services pursuant to section 1128 of the	10074
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	10075
amended, and section 1156 of the "Social Security Act," 96 Stat.	10076
388 (1982), 42 U.S.C. 1320c-5, as amended;	10077

(3) The registry of MR/DD employees established under section	10078
5123.52 of the Revised Code;	10079

(4) The internet-based sex offender and child-victim offender	10080
database established under division (A)(11) of section 2950.13 of	10081
the Revised Code;	10082

(5) The internet-based database of inmates established under	10083
section 5120.66 of the Revised Code;	10084

(6) The state nurse aide registry established under section	10085
3721.32 of the Revised Code;	10086

(7) Any other database, if any, specified in rules adopted	10087
under this section.	10088

(E)(1) ~~The state long-term care ombudsperson or the~~	10089
~~ombudsperson's designee~~As a condition of any applicant's being	10090
employed by the office of the state long-term care ombudsperson	10091
program in a position that involves providing ombudsperson	10092
services to residents and recipients, the responsible entity shall	10093
request that the superintendent of the bureau of criminal	10094
identification and investigation conduct a criminal records check	10095
~~with respect to each~~of the applicant. If rules adopted under this	10096
section so require, the responsible entity shall request that the	10097
superintendent conduct a criminal records check of an employee at	10098
times specified in the rules as a condition of the office's	10099
continuing to employ the employee in a position that involves	10100
providing ombudsperson services to residents and recipients.	10101
However, ~~if the applicant is under final consideration for~~	10102
~~employment as the state long-term care ombudsperson, the director~~	10103
~~of aging shall request that the superintendent conduct the~~	10104
~~criminal records check~~the responsible entity is not required to	10105
request the criminal records check of the applicant or employee if	10106
the office is prohibited by division (B)(1) of this section from	10107
employing the applicant or continuing to employ the employee in a	10108
position that involves providing ombudsperson services to	10109
residents and recipients. If an applicant or employee for whom a	10110
criminal records check request is required ~~under~~by this ~~division~~	10111
section does not present proof of having been a resident of this	10112
state for the five-year period immediately prior to the date the	10113
criminal records check is requested or provide evidence that	10114
within that five-year period the superintendent has requested	10115
information about the applicant or employee from the federal	10116
bureau of investigation in a criminal records check, the	10117
~~ombudsperson, designee, or director~~responsible entity shall	10118
request that the superintendent obtain information from the	10119
federal bureau of investigation as part of the criminal records	10120
check ~~of the applicant~~. Even if an applicant or employee for whom	10121
a criminal records check request is required ~~under~~by this	10122
~~division~~section presents proof of having been a resident of this	10123
state for the five-year period, the ~~ombudsperson, designee, or~~	10124
~~director~~responsible entity may request that the superintendent	10125
include information from the federal bureau of investigation in	10126
the criminal records check.	10127

(2) ~~A person required by division (B)(1) of this section to~~	10128
~~request a criminal records check~~The responsible entity shall do	10129
~~both~~all of the following:	10130

(a) Provide to each applicant and employee for whom a	10131
criminal records check request is required ~~under that division~~by	10132
this section a copy of the form prescribed pursuant to division	10133
(C)(1) of section 109.572 of the Revised Code and a standard	10134
~~fingerprint~~ impression sheet prescribed pursuant to division	10135
(C)(2) of that section~~, and obtain~~;	10136

(b) Obtain the completed form and standard impression sheet	10137
from the applicant or employee;	10138

~~(b)~~(c) Forward the completed form and standard impression	10139
sheet to the superintendent ~~of the bureau of criminal~~	10140
~~identification and investigation~~.	10141

(3) ~~An applicant provided the form and fingerprint impression~~	10142
~~sheet under division (B)(2)(a) of this section who fails to~~	10143
~~complete the form or provide fingerprint impressions shall not be~~	10144
~~employed in any position for which a criminal records check is~~	10145
~~required by this section.~~	10146

~~(C)(1) Except as provided in rules adopted by the director of~~	10147
~~aging in accordance with division (F) of this section and subject~~	10148
~~to division (C)(2) of this section, the office of the state~~	10149
~~long-term care ombudsperson may not employ a person in a position~~	10150
~~that involves providing ombudsperson services to residents and~~	10151
~~recipients if the person has been convicted of or pleaded guilty~~	10152
~~to any of the following:~~	10153

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	10154
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	10155
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	10156
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	10157
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	10158
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	10159
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	10160
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	10161
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	10162

~~(b) A violation of an existing or former law of this state,~~	10163
~~any other state, or the United States that is substantially~~	10164
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	10165
~~this section.~~	10166

~~(2)(a)~~The office of the state long-term care ombudsperson	10167
program shall pay to the bureau of criminal identification and	10168
investigation the fee prescribed pursuant to division (C)(3) of	10169
section 109.572 of the Revised Code for each criminal records	10170
check the responsible entity requests under this section. The	10171
office may charge an applicant a fee not exceeding the amount the	10172
office pays to the bureau under this section if the responsible	10173
entity notifies the applicant at the time of initial application	10174
for employment of the amount of the fee.	10175

(F)(1) The office of the state long-term care ombudsperson	10176
program may employ conditionally an applicant for whom a criminal	10177
records check ~~request~~ is required ~~under division (B) of~~by this	10178
section prior to obtaining the results of athe criminal records	10179
check ~~regarding the individual, provided that the state long-term~~	10180
~~care ombudsperson, ombudsperson's designee, or director of aging~~	10181
~~shall request a~~if the office is not prohibited by division (B)(1)	10182
of this section from employing the applicant in a position that	10183
involves providing ombudsperson services to residents and	10184
recipients and the responsible entity requests the criminal	10185
records check ~~regarding the individual~~ in accordance with division	10186
~~(B)(1)~~(E) of this section not later than five business days after	10187
the ~~individual~~applicant begins conditional employment.	10188

~~(b)~~(2) The office of the state long-term care ombudsperson	10189
program shall terminate the employment of an ~~individual~~applicant	10190
employed conditionally under division ~~(C)(2)(a)~~(F)(1) of this	10191
section if the results of the criminal records check ~~request under~~	10192
~~division (B) of this section~~, other than the results of any	10193
request for information from the federal bureau of investigation,	10194
are not obtained within the period ending sixty days after the	10195
date the request for the criminal records check is made.	10196
Regardless of when the results of the criminal records check are	10197
obtained, if the results indicate that the ~~individual~~applicant	10198
has been convicted of or, pleaded guilty to ~~any of the offenses~~	10199
~~listed or described in division (C)(1) of this section~~, or been	10200
found eligible for intervention in lieu of conviction for a	10201
disqualifying offense, the office shall terminate the ~~individual's~~	10202
applicant's employment unless circumstances specified in rules	10203
adopted under this section that permit the office to employ the	10204
applicant exist and the office chooses to employ the ~~individual~~	10205
~~pursuant to division (F) of this section~~applicant. Termination	10206
of employment under this division shall be considered just cause	10207
for discharge for purposes of division (D)(2) of section 4141.29	10208
of the Revised Code if the ~~individual~~applicant makes any attempt	10209
to deceive the office about the ~~individual's~~applicant's criminal	10210
record.	10211

~~(D)(1) The office of the state long-term care ombudsperson~~	10212
~~program shall pay to the bureau of criminal identification and~~	10213
~~investigation the fee prescribed pursuant to division (C)(3) of~~	10214
~~section 109.572 of the Revised Code for each criminal records~~	10215
~~check conducted pursuant to a request made under division (B) of~~	10216
~~this section.~~	10217

~~(2) The office of the state long-term care ombudsperson~~	10218
~~program may charge an applicant a fee not exceeding the amount the~~	10219
~~office pays under division (D)(1) of this section. The office may~~	10220
~~collect a fee only if the office notifies the applicant at the~~	10221
~~time of initial application for employment of the amount of the~~	10222
~~fee.~~	10223

~~(E)~~(G) The report of any criminal records check conducted	10224
pursuant to a request made under this section is not a public	10225
record for the purposes of section 149.43 of the Revised Code and	10226
shall not be made available to any person other than the	10227
following:	10228

(1) The ~~individual~~applicant or employee who is the subject	10229
of the criminal records check or the ~~individual's~~applicant's or	10230
employee's representative;	10231

(2) The ~~state long-term care ombudsperson, ombudsperson's~~	10232
~~designee, director of aging,~~responsible entity or the	10233
~~ombudsperson, designee, or director's~~responsible entity's	10234
representative;	10235

(3) If the state long-term care ombudsperson designates the	10236
head or other employee of a regional long-term care ombudsperson	10237
program to request a criminal records check under this section, a	10238
representative of the office of the state long-term care	10239
ombudsperson program who is responsible for monitoring the	10240
regional program's compliance with this section;	10241

(4) A court, hearing officer, or other necessary individual	10242
involved in a case dealing with aany of the following:	10243

(a) A denial of employment of the applicant or ~~dealing with~~	10244
~~employment~~employee;	10245

(b) Employment or unemployment benefits of the applicant or	10246
employee;	10247

(c) A civil or criminal action regarding the medicaid program	10248
or a program the department of aging administers.	10249

~~(F) The director of aging shall adopt rules in accordance~~	10250
~~with Chapter 119. of the Revised Code to implement this section.~~	10251
~~The rules shall specify circumstances under which the office of~~	10252
~~the state long-term care ombudsperson program may employ a person~~	10253
~~who has been convicted of or pleaded guilty to an offense listed~~	10254
~~or described in division (C)(1) of this section but meets personal~~	10255
~~character standards set by the director.~~	10256

~~(G) The office of the state long-term care ombudsperson~~	10257
~~program shall inform each person, at the time of initial~~	10258
~~application for a position that involves providing ombudsperson~~	10259
~~services to residents and recipients, that the person is required~~	10260
~~to provide a set of fingerprint impressions and that a criminal~~	10261
~~records check is required to be conducted if the person comes~~	10262
~~under final consideration for employment.~~	10263

(H) In a tort or other civil action for damages that is	10264
brought as the result of an injury, death, or loss to person or	10265
property caused by an ~~individual~~applicant or employee who the	10266
office of the state long-term care ombudsperson program employs in	10267
a position that involves providing ombudsperson services to	10268
residents and recipients, all of the following shall apply:	10269

(1) If the office employed the ~~individual~~applicant or	10270
employee in good faith and reasonable reliance on the report of a	10271
criminal records check requested under this section, the office	10272
shall not be found negligent solely because of its reliance on the	10273
report, even if the information in the report is determined later	10274
to have been incomplete or inaccurate.	10275

(2) If the office employed the ~~individual~~applicant in good	10276
faith on a conditional basis pursuant to division ~~(C)(2)~~(F) of	10277
this section, the office shall not be found negligent solely	10278
because it employed the ~~individual~~applicant prior to receiving	10279
the report of a criminal records check requested under this	10280
section.	10281

(3) If the office in good faith employed the ~~individual~~	10282
applicant or employee according to the personal character	10283
standards established in rules adopted under ~~division (F) of~~ this	10284
section, the office shall not be found negligent solely because	10285
the ~~individual prior to being employed had~~applicant or employee	10286
has been convicted of or, pleaded guilty to ~~an offense listed or~~	10287
~~described in division (C)(1) of this section~~, or been found	10288
eligible for intervention in lieu of conviction for a	10289
disqualifying offense.	10290

(I) The director of aging shall adopt rules in accordance	10291
with Chapter 119. of the Revised Code to implement this section.	10292

(1) The rules may do the following:

10293

(a) Require employees to undergo database reviews and	10294
criminal records checks under this section;	10295

(b) If the rules require employees to undergo database	10296
reviews and criminal records checks under this section, exempt one	10297
or more classes of employees from the requirements;	10298

(c) For the purpose of division (D)(7) of this section,	10299
specify other databases that are to be checked as part of a	10300
database review conducted under this section.	10301

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

10302

(a) The procedures for conducting database reviews under this	10303
section;	10304

(b) If the rules require employees to undergo database	10305
reviews and criminal records checks under this section, the times	10306
at which the database reviews and criminal records checks are to	10307
be conducted;	10308

(c) If the rules specify other databases to be checked as	10309
part of the database reviews, the circumstances under which the	10310
office of the state long-term care ombudsperson program is	10311
prohibited from employing an applicant or continuing to employ an	10312
employee who is found by a database review to be included in one	10313
or more of those databases;	10314

(d) Circumstances under which the office of the state	10315
long-term care ombudsperson program may employ an applicant or	10316
employee who is found by a criminal records check required by this	10317
section to have been convicted of, pleaded guilty to, or been	10318
found eligible for intervention in lieu of conviction for a	10319
disqualifying offense but meets personal character standards.	10320

Sec. 173.391. (A) The department of aging or its designee	10321
shall do all of the following in accordance with Chapter 119. of	10322
the Revised Code:	10323

(1) Certify a person or government entity to provide	10324
community-based long-term care services under a program the	10325
department administers if the person or government entity	10326
satisfies the requirements for certification established by rules	10327
adopted under division (B) of this section and pays the fee, if	10328
any, established by rules adopted under division (G) of this	10329
section;	10330

(2) When required to do so by rules adopted under division	10331
(B) of this section, take one or more of the following	10332
disciplinary actions against a person or government entity	10333
certified under division (A)(1) of this section:	10334

(a) Issue a written warning;

10335

(b) Require the submission of a plan of correction or	10336
evidence of compliance with requirements identified by the	10337
department;	10338

10339

(d) Remove clients;

10340

(e) Impose a fiscal sanction such as a civil monetary penalty	10341
or an order that unearned funds be repaid;	10342

(f) Suspend the certification;

10343

(g) Revoke the certification;

10344

(h) Impose another sanction.

10345

(3) Except as provided in division (E) of this section, hold	10346
hearings when there is a dispute between the department or its	10347
designee and a person or government entity concerning actions the	10348
department or its designee takes regarding a decision not to	10349
certify the person or government entity under division (A)(1) of	10350
this section or a disciplinary action under ~~division~~divisions	10351
(A)(2)(e) to (h) of this section.	10352

(B) The director of aging shall adopt rules in accordance	10353
with Chapter 119. of the Revised Code establishing certification	10354
requirements and standards for determining which type of	10355
disciplinary action to take under division (A)(2) of this section	10356
in individual situations. The rules shall establish procedures for	10357
all of the following:	10358

(1) Ensuring that community-based long-term care agencies	10359
comply with section 173.394 of the Revised Code;	10360

(2) Evaluating the services provided by the agencies to	10361
ensure that the services are provided in a quality manner	10362
advantageous to the individual receiving the services;	10363

(3) Determining when to take disciplinary action under	10364
division (A)(2) of this section and which disciplinary action to	10365
take;	10366

(4) Determining what constitutes another sanction for	10367
purposes of division (A)(2)(h) of this section.	10368

(C) The procedures established in rules adopted under	10369
division (B)(2) of this section shall require that all of the	10370
following be considered as part of an evaluation described in	10371
division (B)(2) of this section:	10372

(1) The community-based long-term care agency's experience	10373
and financial responsibility;	10374

(2) The agency's ability to comply with standards for the	10375
community-based long-term care services that the agency provides	10376
under a program the department administers;	10377

(3) The agency's ability to meet the needs of the individuals	10378
served;	10379

(4) Any other factor the director considers relevant.

10380

(D) The rules adopted under division (B)(3) of this section	10381
shall specify that the reasons disciplinary action may be taken	10382
under division (A)(2) of this section include good cause,	10383
including misfeasance, malfeasance, nonfeasance, confirmed abuse	10384
or neglect, financial irresponsibility, or other conduct the	10385
director determines is injurious, or poses a threat, to the health	10386
or safety of individuals being served.	10387

(E) Subject to division (F) of this section, the department	10388
is not required to hold hearings under division (A)(3) of this	10389
section if any of the following conditions apply:	10390

(1) Rules adopted by the director of aging pursuant to this	10391
chapter require the community-based long-term care agency to be a	10392
party to a provider agreement; hold a license, certificate, or	10393
permit; or maintain a certification, any of which is required or	10394
issued by a state or federal government entity other than the	10395
department of aging, and either of the following is the case:	10396

(a) The provider agreement has not been entered into or the	10397
license, certificate, permit, or certification has not been	10398
obtained or maintained.	10399

(b) The provider agreement, license, certificate, permit, or	10400
certification has been denied, revoked, not renewed, or suspended	10401
or has been otherwise restricted.	10402

(2) The agency's certification under this section has been	10403
denied, suspended, or revoked for any of the following reasons:	10404

(a) A government entity of this state, other than the	10405
department of aging, has terminated or refused to renew any of the	10406
following held by, or has denied any of the following sought by, a	10407
community-based long-term care agency: a provider agreement,	10408
license, certificate, permit, or certification. Division (E)(2)(a)	10409
of this section applies regardless of whether the agency has	10410
entered into a provider agreement in, or holds a license,	10411
certificate, permit, or certification issued by, another state.	10412

(b) The agency or a principal owner or manager of the agency	10413
who provides direct care has entered a guilty plea for, or has	10414
been convicted of, an offense materially related to the medicaid	10415
program.	10416

(c) The agency or a principal owner or manager of the agency	10417
who provides direct care has entered a guilty plea for, or been	10418
convicted of, or been found eligible for intervention in lieu of	10419
conviction for an offense listed in ~~division (C)(1)(a)~~divisions	10420
(A)(3)(a) to (d) of section 173.394 of the Revised Code, but only	10421
if none of the personal character standards established by the	10422
~~department~~director in rules adopted under ~~division (F) of~~that	10423
section ~~173.394 of the Revised Code~~ apply.	10424

(d) The United States department of health and human services	10425
has taken adverse action against the agency and that action	10426
impacts the agency's participation in the medicaid program.	10427

(e) The agency has failed to enter into or renew a provider	10428
agreement with the PASSPORT administrative agency, as that term is	10429
defined in section 173.42 of the Revised Code, that administers	10430
programs on behalf of the department of aging in the region of the	10431
state in which the agency is certified to provide services.	10432

(f) The agency has not billed or otherwise submitted a claim	10433
to the department for payment under the medicaid program in at	10434
least two years.	10435

(g) The agency denied or failed to provide the department or	10436
its designee access to the agency's facilities during the agency's	10437
normal business hours for purposes of conducting an audit or	10438
structural compliance review.	10439

(h) The agency has ceased doing business.

10440

(i) The agency has voluntarily relinquished its certification	10441
for any reason.	10442

(3) The agency's provider agreement with the department of	10443
job and family services has been suspended under division (C) of	10444
section 5111.031 of the Revised Code.	10445

(4) The agency's provider agreement with the department of	10446
job and family services is denied or revoked because the agency or	10447
its owner, officer, authorized agent, associate, manager, or	10448
employee has been convicted of an offense that caused the provider	10449
agreement to be suspended under section 5111.031 of the Revised	10450
Code.	10451

(F) If the department does not hold hearings when any	10452
condition described in division (E) of this section applies, the	10453
department may send a notice to the agency describing a decision	10454
not to certify the agency under division (A)(1) of this section or	10455
the disciplinary action the department proposes to take under	10456
division (A)(2)(e) to (h) of this section. The notice shall be	10457
sent to the agency's address that is on record with the department	10458
and may be sent by regular mail.	10459

(G) The director of aging may adopt rules in accordance with	10460
Chapter 119. of the Revised Code establishing a fee to be charged	10461
by the department of aging or its designee for certification	10462
issued under this section.	10463

All fees collected by the department or its designee under	10464
this section shall be deposited in the state treasury to the	10465
credit of the provider certification fund, which is hereby	10466
created. Money credited to the fund shall be used to pay for	10467
community-based long-term care services, administrative costs	10468
associated with community-based long-term care agency	10469
certification under this section, and administrative costs related	10470
to the publication of the Ohio long-term care consumer guide.	10471

Sec. 173.394. (A) As used in this section:

10472

(1) "Applicant" means a person who is under final	10473
consideration for employment with a community-based long-term care	10474
agency in a full-time, part-time, or temporary position that	10475
involves providing direct care to an individual or is referred to	10476
a community-based long-term care agency by an employment service	10477
for such a position. "Applicant" does not include a person who	10478
provides direct care to an individual as a volunteer without	10479
receiving or expecting to receive any form of remuneration other	10480
than reimbursement for actual expenses.	10481

(2) "Criminal records check" has the same meaning as in	10482
section 109.572 of the Revised Code.	10483

(3) "Disqualifying offense" means any of the following:

10484

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	10485
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	10486
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	10487
2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04,	10488
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	10489
2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	10490
2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	10491
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02,	10492
2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32,	10493
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	10494
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,	10495
2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23,	10496
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24,	10497
2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122,	10498
2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42,	10499
2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09,	10500
2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	10501
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	10502

(b) Felonious sexual penetration in violation of former	10503
section 2907.12 of the Revised Code;	10504

(c) A violation of section 2905.04 of the Revised Code as it	10505
existed prior to July 1, 1996;	10506

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	10507
the Revised Code when the underlying offense that is the object of	10508
the conspiracy, attempt, or complicity is one of the offenses	10509
listed in divisions (A)(3)(a) to (c) of this section;	10510

(e) A violation of an existing or former municipal ordinance	10511
or law of this state, any other state, or the United States that	10512
is substantially equivalent to any of the offenses listed in	10513
divisions (A)(3)(a) to (d) of this section.	10514

(4) "Employee" means a person employed by a community-based	10515
long-term care agency in a full-time, part-time, or temporary	10516
position that involves providing direct care to an individual and	10517
a person who works in such a position due to being referred to a	10518
community-based long-term care agency by an employment service.	10519
"Employee" does not include a person who provides direct care to	10520
an individual as a volunteer without receiving or expecting to	10521
receive any form of remuneration other than reimbursement for	10522
actual expenses.	10523

(B) No community-based long-term care agency shall employ an	10524
applicant or continue to employ an employee in a position that	10525
involves providing direct care to an individual if any of the	10526
following apply:	10527

(1) A review of the databases listed in division (D) of this	10528
section reveals any of the following:	10529

(a) That the applicant or employee is included in one or more	10530
of the databases listed in divisions (D)(1) to (5) of this	10531
section;	10532

(b) That there is in the state nurse aide registry	10533
established under section 3721.32 of the Revised Code a statement	10534
detailing findings by the director of health that the applicant or	10535
employee neglected or abused a long-term care facility or	10536
residential care facility resident or misappropriated property of	10537
such a resident;	10538

(c) That the applicant or employee is included in one or more	10539
of the databases, if any, specified in rules adopted under this	10540
section and the rules prohibit the agency from employing an	10541
applicant or continuing to employ an employee included in such a	10542
database in a position that involves providing direct care to an	10543
individual.	10544

(2) After the applicant or employee is provided, pursuant to	10545
division (E)(2)(a) of this section, a copy of the form prescribed	10546
pursuant to division (C)(1) of section 109.572 of the Revised Code	10547
and the standard impression sheet prescribed pursuant to division	10548
(C)(2) of that section, the applicant or employee fails to	10549
complete the form or provide the applicant's or employee's	10550
fingerprint impressions on the standard impression sheet.	10551

(3) Except as provided in rules adopted under this section,	10552
the applicant or employee is found by a criminal records check	10553
required by this section to have been convicted of, pleaded guilty	10554
to, or been found eligible for intervention in lieu of conviction	10555
for a disqualifying offense.	10556

(C) Except as provided by division (F) of this section, the	10557
chief administrator of a community-based long-term care agency	10558
shall inform each applicant of both of the following at the time	10559
of the applicant's initial application for employment or referral	10560
to the agency by an employment service for a position that	10561
involves providing direct care to an individual:	10562

(1) That a review of the databases listed in division (D) of	10563
this section will be conducted to determine whether the agency is	10564
prohibited by division (B)(1) of this section from employing the	10565
applicant in the position;	10566

(2) That, unless the database review reveals that the	10567
applicant may not be employed in the position, a criminal records	10568
check of the applicant will be conducted and the applicant is	10569
required to provide a set of the applicant's fingerprint	10570
impressions as part of the criminal records check.	10571

(D) As a condition of employing any applicant in a position	10572
that involves providing direct care to an individual, the chief	10573
administrator of a community-based long-term care agency shall	10574
conduct a database review of the applicant in accordance with	10575
rules adopted under this section. If rules adopted under this	10576
section so require, the chief administrator of a community-based	10577
long-term care agency shall conduct a database review of an	10578
employee in accordance with the rules as a condition of continuing	10579
to employ the employee in a position that involves providing	10580
direct care to an individual. However, a chief administrator is	10581
not required to conduct a database review of an applicant or	10582
employee if division (F) of this section applies. A database	10583
review shall determine whether the applicant or employee is	10584
included in any of the following:	10585

(1) The excluded parties list system maintained by the United	10586
States general services administration pursuant to subpart 9.4 of	10587
the federal acquisition regulation;	10588

(2) The list of excluded individuals and entities maintained	10589
by the office of inspector general in the United States department	10590
of health and human services pursuant to section 1128 of the	10591
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	10592
amended, and section 1156 of the "Social Security Act," 96 Stat.	10593
388 (1982), 42 U.S.C. 1320c-5, as amended;	10594

(3) The registry of MR/DD employees established under section	10595
5123.52 of the Revised Code;	10596

(4) The internet-based sex offender and child-victim offender	10597
database established under division (A)(11) of section 2950.13 of	10598
the Revised Code;	10599

(5) The internet-based database of inmates established under	10600
section 5120.66 of the Revised Code;	10601

(6) The state nurse aide registry established under section	10602
3721.32 of the Revised Code;	10603

(7) Any other database, if any, specified in rules adopted	10604
under this section.	10605

(E)(1) ~~Except as provided in division (I) of this section~~As	10606
a condition of employing any applicant in a position that involves	10607
providing direct care to an individual, the chief administrator of	10608
a community-based long-term care agency shall request that the	10609
superintendent of the bureau of criminal identification and	10610
investigation conduct a criminal records check ~~with respect to~~	10611
~~each~~of the applicant. If rules adopted under this section so	10612
require, the chief administrator of a community-based long-term	10613
care agency shall request that the superintendent conduct a	10614
criminal records check of an employee at times specified in the	10615
rules as a condition of continuing to employ the employee in a	10616
position that involves providing direct care to an individual.	10617
However, the chief administrator is not required to request the	10618
criminal records check of the applicant or employee if division	10619
(F) of this section applies or the agency is prohibited by	10620
division (B)(1) of this section from employing the applicant or	10621
continuing to employ the employee in a position that involves	10622
providing direct care to an individual. If an applicant or	10623
employee for whom a criminal records check request is required	10624
~~under~~by this ~~division~~section does not present proof of having	10625
been a resident of this state for the five-year period immediately	10626
prior to the date the criminal records check is requested or	10627
provide evidence that within that five-year period the	10628
superintendent has requested information about the applicant or	10629
employee from the federal bureau of investigation in a criminal	10630
records check, the chief administrator shall request that the	10631
superintendent obtain information from the federal bureau of	10632
investigation as part of the criminal records check ~~of the~~	10633
~~applicant~~. Even if an applicant or employee for whom a criminal	10634
records check request is required ~~under~~by this ~~division~~section	10635
presents proof of having been a resident of this state for the	10636
five-year period, the chief administrator may request that the	10637
superintendent include information from the federal bureau of	10638
investigation in the criminal records check.	10639

(2) ~~A person required by division (B)(1) of this section to~~	10640
~~request a criminal records check~~The chief administrator shall do	10641
~~both~~all of the following:	10642

(a) Provide to each applicant and employee for whom a	10643
criminal records check request is required ~~under that division~~by	10644
this section a copy of the form prescribed pursuant to division	10645
(C)(1) of section 109.572 of the Revised Code and a standard	10646
~~fingerprint~~ impression sheet prescribed pursuant to division	10647
(C)(2) of that section~~, and obtain~~;	10648

(b) Obtain the completed form and standard impression sheet	10649
from the applicant or employee;	10650

~~(b)~~(c) Forward the completed form and standard impression	10651
sheet to the superintendent ~~of the bureau of criminal~~	10652
~~identification and investigation~~.	10653

(3) ~~An applicant provided the form and fingerprint impression~~	10654
~~sheet under division (B)(2)(a) of this section who fails to~~	10655
~~complete the form or provide fingerprint impressions shall not be~~	10656
~~employed in any position for which a criminal records check is~~	10657
~~required by this section.~~	10658

~~(C)(1) Except as provided in rules adopted by the department~~	10659
~~of aging in accordance with division (F) of this section and~~	10660
~~subject to division (C)(2) of this section, no community-based~~	10661
~~long-term care agency shall employ a person in a position that~~	10662
~~involves providing direct care to an individual if the person has~~	10663
~~been convicted of or pleaded guilty to any of the following:~~	10664

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	10665
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	10666
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	10667
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	10668
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	10669
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	10670
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	10671
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	10672
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	10673

~~(b) A violation of an existing or former law of this state,~~	10674
~~any other state, or the United States that is substantially~~	10675
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	10676
~~this section.~~	10677

~~(2)(a)~~A community-based long-term care agency shall pay to	10678
the bureau of criminal identification and investigation the fee	10679
prescribed pursuant to division (C)(3) of section 109.572 of the	10680
Revised Code for each criminal records check the agency requests	10681
under this section. An agency may charge an applicant a fee not	10682
exceeding the amount the agency pays to the bureau under this	10683
section if both of the following apply:	10684

(a) The agency notifies the applicant at the time of initial	10685
application for employment of the amount of the fee and that,	10686
unless the fee is paid, the applicant will not be considered for	10687
employment.	10688

(b) The medicaid program established under Chapter 5111. of	10689
the Revised Code does not reimburse the agency for the fee it pays	10690
to the bureau under this section.	10691

(F) Divisions (C) to (E) of this section do not apply with	10692
regard to an applicant or employee if the applicant or employee is	10693
referred to a community-based long-term agency by an employment	10694
service that supplies full-time, part-time, or temporary staff for	10695
positions that involve providing direct care to an individual and	10696
both of the following apply:	10697

(1) The chief administrator of the agency receives from the	10698
employment service confirmation that a review of the databases	10699
listed in division (D) of this section was conducted of the	10700
applicant or employee.	10701

(2) The chief administrator of the agency receives from the	10702
employment service, applicant, or employee a report of the results	10703
of a criminal records check of the applicant or employee that has	10704
been conducted by the superintendent within the one-year period	10705
immediately preceding the following:	10706

(a) In the case of an applicant, the date of the applicant's	10707
referral by the employment service to the agency;	10708

(b) In the case of an employee, the date by which the agency	10709
would otherwise have to request a criminal records check of the	10710
employee under division (E) of this section.	10711

(G)(1) A community-based long-term care agency may employ	10712
conditionally an applicant for whom a criminal records check	10713
request is required ~~under division (B) of~~by this section prior to	10714
obtaining the results of athe criminal records check ~~regarding~~	10715
~~the individual, provided that~~if the agency is not prohibited by	10716
division (B)(1) of this section from employing the applicant in a	10717
position that involves providing direct care to an individual and	10718
either of the following applies:	10719

(a) The chief administrator of the agency ~~shall request a~~	10720
requests the criminal records check ~~regarding the individual~~ in	10721
accordance with division ~~(B)(1)~~(E) of this section not later than	10722
five business days after the ~~individual~~applicant begins	10723
conditional employment.	10724

(b) The applicant is referred to the agency by an employment	10725
service, the employment service or the applicant provides the	10726
chief administrator of the agency a letter that is on the	10727
letterhead of the employment service, the letter is dated and	10728
signed by a supervisor or another designated official of the	10729
employment service, and the letter states all of the following:	10730

(i) That the employment service has requested the	10731
superintendent to conduct a criminal records check regarding the	10732
applicant;	10733

(ii) That the requested criminal records check is to include	10734
a determination of whether the applicant has been convicted of,	10735
pleaded guilty to, or been found eligible for intervention in lieu	10736
of conviction for a disqualifying offense;	10737

(iii) That the employment service has not received the	10738
results of the criminal records check as of the date set forth on	10739
the letter;	10740

(iv) That the employment service promptly will send a copy of	10741
the results of the criminal records check to the chief	10742
administrator of the agency when the employment service receives	10743
the results. ~~In the circumstances described in division (I)(2) of~~	10744
~~this section, a community-based long-term care agency may employ~~	10745
~~conditionally an applicant who has been referred to the agency by~~	10746
~~an employment service that supplies full-time, part-time, or~~	10747
~~temporary staff for positions involving the direct care of~~	10748
~~individuals and for whom, pursuant to that division, a criminal~~	10749
~~records check is not required under division (B) of this section.~~	10750

~~(b)~~(2) If a community-based long-term care agency employs an	10751
applicant conditionally pursuant to division (G)(1)(b) of this	10752
section, the employment service, on its receipt of the results of	10753
the criminal records check, promptly shall send a copy of the	10754
results to the chief administrator of the agency.	10755

(3) A community-based long-term care agency that employs an	10756
~~individual~~applicant conditionally ~~under authority of~~pursuant to	10757
division ~~(C)(2)(a)~~(G)(1)(a) or (b) of this section shall terminate	10758
the ~~individual's~~applicant's employment if the results of the	10759
criminal records check ~~request under division (B) of this section~~	10760
~~or described in division (I)(2) of this section~~, other than the	10761
results of any request for information from the federal bureau of	10762
investigation, are not obtained within the period ending sixty	10763
days after the date the request for the criminal records check is	10764
made. Regardless of when the results of the criminal records check	10765
are obtained, if the results indicate that the ~~individual~~	10766
applicant has been convicted of or, pleaded guilty to ~~any of the~~	10767
~~offenses listed or described in division (C)(1) of this section~~,	10768
or been found eligible for intervention in lieu of conviction for	10769
a disqualifying offense, the agency shall terminate the	10770
~~individual's~~applicant's employment unless circumstances	10771
specified in rules adopted under this section that permit the	10772
agency to employ the applicant exist and the agency chooses to	10773
employ the ~~individual pursuant to division (F) of this section~~	10774
applicant. Termination of employment under this division shall be	10775
considered just cause for discharge for purposes of division	10776
(D)(2) of section 4141.29 of the Revised Code if the ~~individual~~	10777
applicant makes any attempt to deceive the agency about the	10778
~~individual's~~applicant's criminal record.	10779

~~(D)(1) Each community-based long-term care agency shall pay~~	10780
~~to the bureau of criminal identification and investigation the fee~~	10781
~~prescribed pursuant to division (C)(3) of section 109.572 of the~~	10782
~~Revised Code for each criminal records check conducted pursuant to~~	10783
~~a request made under division (B) of this section.~~	10784

~~(2) A community-based long-term care agency may charge an~~	10785
~~applicant a fee not exceeding the amount the agency pays under~~	10786
~~division (D)(1) of this section. An agency may collect a fee only~~	10787
~~if both of the following apply:~~	10788

~~(a) The agency notifies the person at the time of initial~~	10789
~~application for employment of the amount of the fee and that,~~	10790
~~unless the fee is paid, the person will not be considered for~~	10791
~~employment;~~	10792

~~(b) The medicaid program established under Chapter 5111. of~~	10793
~~the Revised Code does not reimburse the agency the fee it pays~~	10794
~~under division (D)(1) of this section.~~	10795

~~(E)~~(H) The report of any criminal records check conducted	10796
pursuant to a request made under this section is not a public	10797
record for the purposes of section 149.43 of the Revised Code and	10798
shall not be made available to any person other than the	10799
following:	10800

(1) The ~~individual~~applicant or employee who is the subject	10801
of the criminal records check or the ~~individual's~~applicant's or	10802
employee's representative;	10803

(2) The chief administrator of the community-based long-term	10804
care agency requesting the criminal records check or the	10805
administrator's representative;	10806

(3) The administrator of any other facility, agency, or	10807
program that provides direct care to individuals that is owned or	10808
operated by the same entity that owns or operates the	10809
community-based long-term care agency that requested the criminal	10810
records check;	10811

(4) The employment service that requested the criminal	10812
records check;	10813

(5) The director of aging or a person authorized by the	10814
director to monitor a community-based long-term care agency's	10815
compliance with this section;	10816

~~(5)~~(6) A court, hearing officer, or other necessary	10817
individual involved in a case dealing with aany of the following:	10818

(a) A denial of employment of the applicant or ~~dealing with~~	10819
~~employment~~employee;	10820

(b) Employment or unemployment benefits of the applicant or	10821
employee;	10822

~~(6) Any person to whom the report is provided pursuant to,~~	10823
~~and in accordance with, division (I)(1) or (2) of this section~~(c)	10824
A civil or criminal action regarding the medicaid program or a	10825
program the department of aging administers.	10826

~~(F) The department of aging shall adopt rules in accordance~~	10827
~~with Chapter 119. of the Revised Code to implement this section.~~	10828
~~The rules shall specify circumstances under which a~~	10829
~~community-based long-term care agency may employ a person who has~~	10830
~~been convicted of or pleaded guilty to an offense listed or~~	10831
~~described in division (C)(1) of this section but meets personal~~	10832
~~character standards set by the department.~~	10833

~~(G) The chief administrator of a community-based long-term~~	10834
~~care agency shall inform each person, at the time of initial~~	10835
~~application for a position that involves providing direct care to~~	10836
~~an individual, that the person is required to provide a set of~~	10837
~~fingerprint impressions and that a criminal records check is~~	10838
~~required to be conducted if the person comes under final~~	10839
~~consideration for employment.~~	10840

~~(H)~~(I) In a tort or other civil action for damages that is	10841
brought as the result of an injury, death, or loss to person or	10842
property caused by an ~~individual~~applicant or employee who a	10843
community-based long-term care agency employs in a position that	10844
involves providing direct care to individuals, all of the	10845
following shall apply:	10846

(1) If the agency employed the ~~individual~~applicant or	10847
employee in good faith and reasonable reliance on the report of a	10848
criminal records check requested under this section, the agency	10849
shall not be found negligent solely because of its reliance on the	10850
report, even if the information in the report is determined later	10851
to have been incomplete or inaccurate;.	10852

(2) If the agency employed the ~~individual~~applicant in good	10853
faith on a conditional basis pursuant to division ~~(C)(2)~~(G) of	10854
this section, the agency shall not be found negligent solely	10855
because it employed the ~~individual~~applicant prior to receiving	10856
the report of a criminal records check requested under this	10857
section;.	10858

(3) If the agency in good faith employed the ~~individual~~	10859
applicant or employee according to the personal character	10860
standards established in rules adopted under ~~division (F) of~~ this	10861
section, the agency shall not be found negligent solely because	10862
the ~~individual prior to being employed had~~applicant or employee	10863
has been convicted of or, pleaded guilty to ~~an offense listed or~~	10864
~~described in division (C)(1) of this section~~, or been found	10865
eligible for intervention in lieu of conviction for a	10866
disqualifying offense.	10867

~~(I)(1) The chief administrator of a community-based long-term~~	10868
~~care agency is not required to request that the superintendent of~~	10869
~~the bureau of criminal identification and investigation conduct a~~	10870
~~criminal records check of an applicant if the applicant has been~~	10871
~~referred to the agency by an employment service that supplies~~	10872
~~full-time, part-time, or temporary staff for positions involving~~	10873
~~the direct care of individuals and both of the following apply:~~	10874

~~(a) The chief administrator receives from the employment~~	10875
~~service or the applicant a report of the results of a criminal~~	10876
~~records check regarding the applicant that has been conducted by~~	10877
~~the superintendent within the one-year period immediately~~	10878
~~preceding the applicant's referral;~~	10879

~~(b) The report of the criminal records check demonstrates~~	10880
~~that the person has not been convicted of or pleaded guilty to an~~	10881
~~offense listed or described in division (C)(1) of this section, or~~	10882
~~the report demonstrates that the person has been convicted of or~~	10883
~~pleaded guilty to one or more of those offenses, but the~~	10884
~~community-based long-term care agency chooses to employ the~~	10885
~~individual pursuant to division (F) of this section.~~	10886

~~(2) The chief administrator of a community-based long-term~~	10887
~~care agency is not required to request that the superintendent of~~	10888
~~the bureau of criminal identification and investigation conduct a~~	10889
~~criminal records check of an applicant and may employ the~~	10890
~~applicant conditionally as described in this division, if the~~	10891
~~applicant has been referred to the agency by an employment service~~	10892
~~that supplies full-time, part-time, or temporary staff for~~	10893
~~positions involving the direct care of individuals and if the~~	10894
~~chief administrator receives from the employment service or the~~	10895
~~applicant a letter from the employment service that is on the~~	10896
~~letterhead of the employment service, dated, and signed by a~~	10897
~~supervisor or another designated official of the employment~~	10898
~~service and that states that the employment service has requested~~	10899
~~the superintendent to conduct a criminal records check regarding~~	10900
~~the applicant, that the requested criminal records check will~~	10901
~~include a determination of whether the applicant has been~~	10902
~~convicted of or pleaded guilty to any offense listed or described~~	10903
~~in division (C)(1) of this section, that, as of the date set forth~~	10904
~~on the letter, the employment service had not received the results~~	10905
~~of the criminal records check, and that, when the employment~~	10906
~~service receives the results of the criminal records check, it~~	10907
~~promptly will send a copy of the results to the community-based~~	10908
~~long-term care agency. If a community-based long-term care agency~~	10909
~~employs an applicant conditionally in accordance with this~~	10910
~~division, the employment service, upon its receipt of the results~~	10911
~~of the criminal records check, promptly shall send a copy of the~~	10912
~~results to the community-based long-term care agency, and division~~	10913
~~(C)(2)(b) of this section applies regarding the conditional~~	10914
~~employment.~~	10915

(J) The director of aging shall adopt rules in accordance	10916
with Chapter 119. of the Revised Code to implement this section.	10917

(1) The rules may do the following:

10918

(a) Require employees to undergo database reviews and	10919
criminal records checks under this section;	10920

(b) If the rules require employees to undergo database	10921
reviews and criminal records checks under this section, exempt one	10922
or more classes of employees from the requirements;	10923

(c) For the purpose of division (D)(7) of this section,	10924
specify other databases that are to be checked as part of a	10925
database review conducted under this section.	10926

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

10927

(a) The procedures for conducting database reviews under this	10928
section;	10929

(b) If the rules require employees to undergo database	10930
reviews and criminal records checks under this section, the times	10931
at which the database reviews and criminal records checks are to	10932
be conducted;	10933

(c) If the rules specify other databases to be checked as	10934
part of the database reviews, the circumstances under which a	10935
community-based long-term care agency is prohibited from employing	10936
an applicant or continuing to employ an employee who is found by a	10937
database review to be included in one or more of those databases;	10938

(d) Circumstances under which a community-based long-term	10939
care agency may employ an applicant or employee who is found by a	10940
criminal records check required by this section to have been	10941
convicted of, pleaded guilty to, or been found eligible for	10942
intervention in lieu of conviction for a disqualifying offense but	10943
meets personal character standards.	10944

Sec. 173.40. (A) As used in sections 173.40 to 173.402 of	10945
the Revised Code:	10946

"Medicaid waiver component" has the same meaning as in	10947
section 5111.85 of the Revised Code.	10948

"PASSPORT program" means the program created under this	10949
section.	10950

"PASSPORT waiver" means the federal medicaid waiver granted	10951
by the United States secretary of health and human services that	10952
authorizes the medicaid-funded component of the PASSPORT program.	10953

"Unified long-term services and support medicaid waiver	10954
component" means the medicaid waiver component authorized by	10955
section 5111.864 of the Revised Code.	10956

(B) There is hereby created the preadmission screening system	10957
providing options and resources today program, or PASSPORT. The	10958
PASSPORT program shall provide home and community-based services	10959
as an alternative to nursing facility placement for individuals	10960
who are aged and disabled and meet the program's applicable	10961
eligibility requirements. Subject to division (C) of this section,	10962
the program shall have a medicaid-funded component and a	10963
state-funded component.	10964

(C)(1) Unless the medicaid-funded component of the PASSPORT	10965
program is terminated under division (C)(2) of this section, all	10966
of the following apply:	10967

(a) The department of aging shall administer the	10968
medicaid-funded component through a contract entered into with the	10969
department of job and family services under section 5111.91 of the	10970
Revised Code.	10971

(b) The medicaid-funded component shall be operated as a	10972
separate medicaid waiver component.	10973

(c) For an individual to be eligible for the medicaid-funded	10974
component, the individual must be a medicaid recipient and meet	10975
the additional eligibility requirements applicable to the	10976
individual established in rules adopted under division (C)(1)(d)	10977
of this section.	10978

(d) The director of job and family services shall adopt rules	10979
under section 5111.85 of the Revised Code and the director of	10980
aging shall adopt rules in accordance with Chapter 119. of the	10981
Revised Code to implement the medicaid-funded component.	10982

(2) If the unified long-term services and support medicaid	10983
waiver component is created, the departments of aging and job and	10984
family services shall work together to determine whether the	10985
medicaid-funded component of the PASSPORT program should continue	10986
to operate as a separate medicaid waiver component or be	10987
terminated. If the departments determine that the medicaid-funded	10988
component of the PASSPORT program should be terminated, the	10989
medicaid-funded component shall cease to exist on a date the	10990
departments shall specify.	10991

(D)(1) The department of aging shall administer the	10992
state-funded component of the PASSPORT program. The state-funded	10993
component shall not be administered as part of the medicaid	10994
program.	10995

(2) For an individual to be eligible for the state-funded	10996
component, the individual must meet one of the following	10997
requirements and meet the additional eligibility requirements	10998
applicable to the individual established in rules adopted under	10999
division (D)(4) of this section:	11000

(a) The individual must have been enrolled in the	11001
state-funded component on September 1, 1991, (as the state-funded	11002
component was authorized by uncodified law in effect at that time)	11003
and have had one or more applications for enrollment in the	11004
medicaid-funded component (or, if the medicaid-funded component is	11005
terminated under division (C)(2) of this section, the unified	11006
long-term services and support medicaid waiver component) denied.	11007

(b) The individual must have had the individual's enrollment	11008
in the medicaid-funded component (or, if the medicaid-funded	11009
component is terminated under division (C)(2) of this section, the	11010
unified long-term services and support medicaid waiver component)	11011
terminated and the individual must still need the home and	11012
community-based services provided under the PASSPORT program to	11013
protect the individual's health and safety.	11014

(c) The individual must have an application for the	11015
medicaid-funded component (or, if the medicaid-funded component is	11016
terminated under division (C)(2) of this section, the unified	11017
long-term services and support medicaid waiver component) pending	11018
and the department or the department's designee must have	11019
determined that the individual meets the nonfinancial eligibility	11020
requirements of the medicaid-funded component (or, if the	11021
medicaid-funded component is terminated under division (C)(2) of	11022
this section, the unified long-term services and support medicaid	11023
waiver component) and not have reason to doubt that the individual	11024
meets the financial eligibility requirements of the	11025
medicaid-funded component (or, if the medicaid-funded component is	11026
terminated under division (C)(2) of this section, the unified	11027
long-term services and support medicaid waiver component).	11028

(3) An individual who is eligible for the state-funded	11029
component because the individual meets the requirement of division	11030
(D)(2)(c) of this section may participate in the component on that	11031
basis for not more than ~~three months~~ninety days.	11032

(4) The director of aging shall adopt rules in accordance	11033
with section 111.15 of the Revised Code to implement the	11034
state-funded component. The additional eligibility requirements	11035
established in the rules may vary for the different groups of	11036
individuals specified in divisions (D)(2)(a), (b), and (c) of this	11037
section.	11038

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	11039
the Revised Code:	11040

(1) "Area agency on aging" means a public or private	11041
nonprofit entity designated under section 173.011 of the Revised	11042
Code to administer programs on behalf of the department of aging.	11043

(2) "Department of aging-administered medicaid waiver	11044
component" means each of the following:	11045

(a) The medicaid-funded component of the PASSPORT program	11046
created under section 173.40 of the Revised Code;	11047

(b) The choices program created under section 173.403 of the	11048
Revised Code;	11049

(c) The medicaid-funded component of the assisted living	11050
program created under section 5111.89 of the Revised Code;	11051

(d) Any other medicaid waiver component, as defined in	11052
section 5111.85 of the Revised Code, that the department of aging	11053
administers pursuant to an interagency agreement with the	11054
department of job and family services under section 5111.91 of the	11055
Revised Code.	11056

(3) "Home and community-based services covered by medicaid	11057
components the department of aging administers" means all of the	11058
following:	11059

(a) Medicaid waiver services available to a participant in a	11060
department of aging-administered medicaid waiver component;	11061

(b) The following medicaid state plan services available to a	11062
participant in a department of aging-administered medicaid waiver	11063
component as specified in rules adopted under section 5111.02 of	11064
the Revised Code:	11065

(i) Home health services;

11066

(ii) Private duty nursing services;

11067

(iii) Durable medical equipment;

11068

(iv) Services of a clinical nurse specialist;

11069

(v) Services of a certified nurse practitioner.

11070

11071

(4) "Long-term care consultation" or "consultation" means the	11072
consultation service made available by the department of aging or	11073
a program administrator through the long-term care consultation	11074
program established pursuant to this section.	11075

(5) "Medicaid" means the medical assistance program	11076
established under Chapter 5111. of the Revised Code.	11077

(6) "Nursing facility" has the same meaning as in section	11078
5111.20 of the Revised Code.	11079

(7) "PACE program" means the component of the medicaid	11080
program the department of aging administers pursuant to section	11081
173.50 of the Revised Code.	11082

(8) "PASSPORT administrative agency" means an entity under	11083
contract with the department of aging to provide administrative	11084
services regarding the PASSPORT program.	11085

(9) "Program administrator" means an area agency on aging or	11086
other entity under contract with the department of aging to	11087
administer the long-term care consultation program in a geographic	11088
region specified in the contract.	11089

(10) "Representative" means a person acting on behalf of an	11090
individual specified in division (G) of this section. A	11091
representative may be a family member, attorney, hospital social	11092
worker, or any other person chosen to act on behalf of the	11093
individual.	11094

(B) The department of aging shall develop a long-term care	11095
consultation program whereby individuals or their representatives	11096
are provided with long-term care consultations and receive through	11097
these professional consultations information about options	11098
available to meet long-term care needs and information about	11099
factors to consider in making long-term care decisions. The	11100
long-term care consultations provided under the program may be	11101
provided at any appropriate time, as permitted or required under	11102
this section and the rules adopted under it, including either	11103
prior to or after the individual who is the subject of a	11104
consultation has been admitted to a nursing facility or granted	11105
assistance in receiving home and community-based services covered	11106
by medicaid components the department of aging administers.	11107

(C) The long-term care consultation program shall be	11108
administered by the department of aging, except that the	11109
department may have the program administered on a regional basis	11110
by one or more program administrators. The department and each	11111
program administrator shall administer the program in such a	11112
manner that all of the following are included:	11113

(1) Coordination and collaboration with respect to all	11114
available funding sources for long-term care services;	11115

(2) Assessments of individuals regarding their long-term care	11116
service needs;	11117

(3) Assessments of individuals regarding their on-going	11118
eligibility for long-term care services;	11119

(4) Procedures for assisting individuals in obtaining access	11120
to, and coordination of, health and supportive services, including	11121
department of aging-administered medicaid waiver components;	11122

(5) Priorities for using available resources efficiently and	11123
effectively.	11124

(D) The program's long-term care consultations shall be	11125
provided by individuals certified by the department under section	11126
173.422 of the Revised Code.	11127

(E) The information provided through a long-term care	11128
consultation shall be appropriate to the individual's needs and	11129
situation and shall address all of the following:	11130

(1) The availability of any long-term care options open to	11131
the individual;	11132

(2) Sources and methods of both public and private payment	11133
for long-term care services;	11134

(3) Factors to consider when choosing among the available	11135
programs, services, and benefits;	11136

(4) Opportunities and methods for maximizing independence and	11137
self-reliance, including support services provided by the	11138
individual's family, friends, and community.	11139

(F) An individual's long-term care consultation may include	11140
an assessment of the individual's functional capabilities. The	11141
consultation may incorporate portions of the determinations	11142
required under sections 5111.202, 5119.061, and 5123.021 of the	11143
Revised Code and may be provided concurrently with the assessment	11144
required under section 5111.204 of the Revised Code.	11145

(G)(1) Unless an exemption specified in division (I) of this	11146
section is applicable, each of the following shall be provided	11147
with a long-term care consultation:	11148

(a) An individual who applies or indicates an intention to	11149
apply for admission to a nursing facility, regardless of the	11150
source of payment to be used for the individual's care in a	11151
nursing facility;	11152

(b) An individual who requests a long-term care consultation;

11153

(c) An individual identified by the department or a program	11154
administrator as being likely to benefit from a long-term care	11155
consultation.	11156

(2) In addition to the individuals specified in division	11157
(G)(1) of this section, a long-term care consultation may be	11158
provided to a nursing facility resident regardless of the source	11159
of payment being used for the resident's care in the nursing	11160
facility.	11161

(H)(1) Except as provided in division (H)(2) or (3) of this	11162
section, a long-term care consultation provided pursuant to	11163
division (G) of this section shall be provided as follows:	11164

(a) If the individual for whom the consultation is being	11165
provided has applied for medicaid and the consultation is being	11166
provided concurrently with the assessment required under section	11167
5111.204 of the Revised Code, the consultation shall be completed	11168
in accordance with the applicable time frames specified in that	11169
section for providing a level of care determination based on the	11170
assessment.	11171

(b) In all other cases, the consultation shall be provided	11172
not later than five calendar days after the department or program	11173
administrator receives notice of the reason for which the	11174
consultation is to be provided pursuant to division (G) of this	11175
section.	11176

(2) An individual or the individual's representative may	11177
request that a long-term care consultation be provided on a date	11178
that is later than the date required under division (H)(1)(a) or	11179
(b) of this section.	11180

(3) If a long-term care consultation cannot be completed	11181
within the number of days required by division (H)(1) or (2) of	11182
this section, the department or program administrator may do any	11183
of the following:	11184

(a) In the case of an individual specified in division (G)(1)	11185
of this section, exempt the individual from the consultation	11186
pursuant to rules that may be adopted under division (L) of this	11187
section;	11188

(b) In the case of an applicant for admission to a nursing	11189
facility, provide the consultation after the individual is	11190
admitted to the nursing facility;	11191

(c) In the case of a resident of a nursing facility, provide	11192
the consultation as soon as practicable.	11193

(I) An individual is not required to be provided a long-term	11194
care consultation under division (G)(1) of this section if any of	11195
the following apply:	11196

(1) The department or program administrator has attempted to	11197
provide the consultation, but the individual or the individual's	11198
representative refuses to cooperate;	11199

(2) The individual is to receive care in a nursing facility	11200
under a contract for continuing care as defined in section 173.13	11201
of the Revised Code;	11202

(3) The individual has a contractual right to admission to a	11203
nursing facility operated as part of a system of continuing care	11204
in conjunction with one or more facilities that provide a less	11205
intensive level of services, including a residential care facility	11206
licensed under Chapter 3721. of the Revised Code, ~~an adult care~~a	11207
residential facility licensed under ~~sections 5119.70 to 5119.88~~	11208
section 5119.22 of the Revised Code that provides accommodations,	11209
supervision, and personal care services for three to sixteen	11210
unrelated adults, or an independent living arrangement;	11211

(4) The individual is to receive continual care in a home for	11212
the aged exempt from taxation under section 5701.13 of the Revised	11213
Code;	11214

(5) The individual is seeking admission to a facility that is	11215
not a nursing facility with a provider agreement under section	11216
5111.22, 5111.671, or 5111.672 of the Revised Code;	11217

(6) The individual is exempted from the long-term care	11218
consultation requirement by the department or the program	11219
administrator pursuant to rules that may be adopted under division	11220
(L) of this section.	11221

(J) As part of the long-term care consultation program, the	11222
department or program administrator shall assist an individual or	11223
individual's representative in accessing all sources of care and	11224
services that are appropriate for the individual and for which the	11225
individual is eligible, including all available home and	11226
community-based services covered by medicaid components the	11227
department of aging administers. The assistance shall include	11228
providing for the conduct of assessments or other evaluations and	11229
the development of individualized plans of care or services under	11230
section 173.424 of the Revised Code.	11231

(K) No nursing facility for which an operator has a provider	11232
agreement under section 5111.22, 5111.671, or 5111.672 of the	11233
Revised Code shall admit any individual as a resident, unless the	11234
nursing facility has received evidence that a long-term care	11235
consultation has been completed for the individual or division (I)	11236
of this section is applicable to the individual.	11237

(L) The director of aging may adopt any rules the director	11238
considers necessary for the implementation and administration of	11239
this section. The rules shall be adopted in accordance with	11240
Chapter 119. of the Revised Code and may specify any or all of the	11241
following:	11242

(1) Procedures for providing long-term care consultations	11243
pursuant to this section;	11244

(2) Information to be provided through long-term care	11245
consultations regarding long-term care services that are	11246
available;	11247

(3) Criteria and procedures to be used to identify and	11248
recommend appropriate service options for an individual receiving	11249
a long-term care consultation;	11250

(4) Criteria for exempting individuals from the long-term	11251
care consultation requirement;	11252

(5) Circumstances under which it may be appropriate to	11253
provide an individual's long-term care consultation after the	11254
individual's admission to a nursing facility rather than before	11255
admission;	11256

(6) Criteria for identifying nursing facility residents who	11257
would benefit from the provision of a long-term care consultation;	11258

(7) A description of the types of information from a nursing	11259
facility that is needed under the long-term care consultation	11260
program to assist a resident with relocation from the facility;	11261

(8) Standards to prevent conflicts of interest relative to	11262
the referrals made by a person who performs a long-term care	11263
consultation, including standards that prohibit the person from	11264
being employed by a provider of long-term care services;	11265

(9) Procedures for providing notice and an opportunity for a	11266
hearing under division (N) of this section.	11267

(M) To assist the department and each program administrator	11268
with identifying individuals who are likely to benefit from a	11269
long-term care consultation, the department and program	11270
administrator may ask to be given access to nursing facility	11271
resident assessment data collected through the use of the resident	11272
assessment instrument specified in rules adopted under section	11273
5111.02 of the Revised Code for purposes of the medicaid program.	11274
Except when prohibited by state or federal law, the department of	11275
health, department of job and family services, or nursing facility	11276
holding the data shall grant access to the data on receipt of the	11277
request from the department of aging or program administrator.	11278

(N)(1) The director of aging, after providing notice and an	11279
opportunity for a hearing, may fine a nursing facility an amount	11280
determined by rules the director shall adopt in accordance with	11281
Chapter 119. of the Revised Code for any of the following reasons:	11282

(a) The nursing facility admits an individual, without	11283
evidence that a long-term care consultation has been provided, as	11284
required by this section;	11285

(b) The nursing facility denies a person attempting to	11286
provide a long-term care consultation access to the facility or a	11287
resident of the facility;	11288

(c) The nursing facility denies the department of aging or	11289
program administrator access to the facility or a resident of the	11290
facility, as the department or administrator considers necessary	11291
to administer the program.	11292

(2) In accordance with section 5111.62 of the Revised Code,	11293
all fines collected under division (N)(1) of this section shall be	11294
deposited into the state treasury to the credit of the residents	11295
protection fund.	11296

Sec. 173.45. As used in this section and in sections 173.46	11297
to 173.49 of the Revised Code:	11298

(A) "~~Adult care~~Residential facility" ~~has the same meaning as~~	11299
inmeans a residential facility licensed under section ~~5119.70~~	11300
5119.22 of the Revised Code that provides accommodations,	11301
supervision, and personal care services for three to sixteen	11302
unrelated adults.	11303

(B) "Community-based long-term care services" has the same	11304
meaning as in section 173.14 of the Revised Code.	11305

(C) "Long-term care facility" means a nursing home or	11306
residential care facility.	11307

(D) "Nursing home" and "residential care facility" have the	11308
same meanings as in section 3721.01 of the Revised Code.	11309

(E) "Nursing facility" has the same meaning as in section	11310
5111.20 of the Revised Code.	11311

Sec. 173.46. (A) The department of aging shall develop and	11312
publish a guide to long-term care facilities for use by	11313
individuals considering long-term care facility admission and	11314
their families, friends, and advisors. The guide, which shall be	11315
titled the Ohio long-term care consumer guide, may be published in	11316
printed form or in electronic form for distribution over the	11317
internet. The guide may be developed as a continuation or	11318
modification of the guide published by the department prior to	11319
September 29, 2005, under rules adopted under section 173.02 of	11320
the Revised Code.	11321

(B) The Ohio long-term care consumer guide shall include	11322
information on each long-term care facility in this state. For	11323
each facility, the guide shall include the following information,	11324
as applicable to the facility:	11325

(1) Information regarding the facility's compliance with	11326
state statutes and rules and federal statutes and regulations;	11327

(2) Information generated by the centers for medicare and	11328
medicaid services of the United States department of health and	11329
human services from the quality measures developed as part of its	11330
nursing home quality initiative;	11331

(3) Results of the customer satisfaction surveys conducted	11332
under section 173.47 of the Revised Code;	11333

(4) Any other information the department specifies in rules	11334
adopted under section 173.49 of the Revised Code.	11335

(C) The Ohio long-term care consumer guide may include	11336
information on ~~adult care~~residential facilities and providers of	11337
community-based long-term care services. The department may adopt	11338
rules under section 173.49 of the Revised Code to specify the	11339
information to be included in the guide pursuant to this division.	11340

Sec. 184.02. (A) In addition to the powers and duties under	11341
sections 121.22, 122.15 to 122.154, 122.28, 122.30 to 122.36,	11342
184.10 to 184.20, and 184.37 of the Revised Code, the third	11343
frontier commission may perform any act to ensure the performance	11344
of any function necessary or appropriate to carry out the purposes	11345
of, and exercise the powers granted under, sections 184.01 and	11346
184.02 of the Revised Code. In addition, the commission may do any	11347
of the following:	11348

(1) Adopt, amend, and rescind rules under section 111.15 of	11349
the Revised Code for the administration of any aspect of its	11350
operations;	11351

(2) Adopt bylaws governing its operations, including bylaws	11352
that establish procedures and set policies as may be necessary to	11353
assist with the furtherance of its purposes;	11354

(3) Appoint and set the compensation of employees needed to	11355
carry out its duties;	11356

(4) Contract with, retain the services of, or designate, and	11357
fix the compensation of, such financial consultants, accountants,	11358
other consultants and advisors, and other independent contractors	11359
as may be necessary or desirable to carry out its duties;	11360

(5) Solicit input and comments from the third frontier	11361
advisory board, and specialized industry, professional, and other	11362
relevant interest groups concerning its purposes;	11363

(6) Facilitate alignment of the state's science and	11364
technology programs and activities;	11365

(7) Make grants and loans to individuals, public agencies,	11366
private companies or organizations, or joint ventures for any of	11367
the broad range of activities related to its purposes.	11368

(B) In addition to the powers and duties under sections	11369
184.10 to 184.20 and 184.37 of the Revised Code, the commission	11370
shall do all of the following:	11371

(1) Establish a competitive process for the award of grants	11372
and loans that is designed to fund the most meritorious proposals	11373
and, when appropriate, provide for peer review of proposals;	11374

(2) Within ninety days after the end of each fiscal year,	11375
submit to the governor and the general assembly a report of the	11376
activities of the commission during the preceding fiscal year;	11377

(3) With specific application to the biomedical research and	11378
technology transfer trust fund, periodically make strategic	11379
assessments of the types of state investments in biomedical	11380
research and biotechnology in the state that would likely create	11381
jobs and business opportunities in the state and produce the most	11382
beneficial long-term improvements to the public health of Ohioans,	11383
including, but not limited to, biomedical research and	11384
biotechnology initiatives that address tobacco-related illnesses	11385
as may be outlined in any master agreement. The commission shall	11386
award grants and loans from the fund pursuant to a process	11387
established under division (B)(1) of this section.	11388

Sec. 191.01. As used in this chapter:

11389

(A) "Business associate," "covered entity," "health plan,"	11390
"individually identifiable health information," and "protected	11391
health information" have the same meanings as in 45 C.F.R.	11392
160.103.	11393

(B) "Executive director of the office of health	11394
transformation" or "executive director" means the executive	11395
director of the office of health transformation or the chief	11396
administrative officer of a successor governmental entity	11397
responsible for health system oversight in this state.	11398

(C) "Government program providing public benefits" means any	11399
program administered by a state agency that has been identified,	11400
pursuant to section 191.02 of the Revised Code, by the executive	11401
director of the office of health transformation in consultation	11402
with the individuals specified in that section.	11403

(D) "Office of health transformation" means the office of	11404
health transformation created by executive order 2011-02K.	11405

(E) "Operating protocol" means a protocol adopted by the	11406
executive director of the office of health transformation or the	11407
executive director's designee under division (D) of section 191.06	11408
of the Revised Code.	11409

(F) "Participating agency" means a state agency that	11410
participates in a health transformation initiative as specified in	11411
the one or more operating protocols adopted for the initiative	11412
under division (D) of section 191.06 of the Revised Code.	11413

(G) "Personally identifiable information" means information	11414
that meets both of the following criteria:	11415

(1) It identifies an individual or there is a reasonable	11416
basis to believe that it may be used to identify an individual;	11417

(2) It relates to an individual's eligibility for,	11418
application for, or receipt of public benefits from a government	11419
program providing public benefits.	11420

(H) "State agency" means each of the following:

11421

(1) The department of aging;

11422

(2) The department of alcohol and drug addiction services;

11423

(3) The department of development;

11424

(4) The department of developmental disabilities;

11425

(5) The department of education;

11426

(6) The department of health;

11427

(7) The department of insurance;

11428

(8) The department of job and family services;

11429

(9) The department of mental health;

11430

(10) The department of rehabilitation and correction;

11431

(11) The department of taxation;

11432

(12) The department of veterans services;

11433

(13) The department of youth services.

11434

(I) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

11435

Sec. 191.02. The executive director of the office of health	11436
transformation, in consultation with all of the following	11437
individuals, shall identify each government program administered	11438
by a state agency that is to be considered a government program	11439
providing public benefits for purposes of section 191.04 of the	11440
Revised Code:	11441

(A) The director of aging;

11442

(B) The director of alcohol and drug addiction services;

11443

11444

(D) The director of developmental disabilities;

11445

(E) The director of health;

11446

(F) The director job and family services;

11447

(G) The director of mental health;

11448

(H) The director of rehabilitation and correction;

11449

(I) The director of veterans services;

11450

(J) The director of youth services;

11451

(K) The administrator of the rehabilitation services	11452
commission;	11453

(L) The administrator of workers' compensation;

11454

(M) The superintendent of insurance;

11455

(N) The superintendent of public instruction;

11456

(O) The tax commissioner.

11457

Sec. 191.04. (A) In accordance with federal laws governing	11458
the confidentiality of individually identifiable health	11459
information, including the "Health Insurance Portability and	11460
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	11461
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	11462
by the United States department of health and human services to	11463
implement the act, a state agency may exchange protected health	11464
information with another state agency relating to eligibility for	11465
or enrollment in a health plan or relating to participation in a	11466
government program providing public benefits if the exchange of	11467
information is necessary for either or both of the following:	11468

(1) Operating a health plan;

11469

(2) Coordinating, or improving the administration or	11470
management of, the health care-related functions of at least one	11471
government program providing public benefits.	11472

(B) For fiscal year 2013 only, a state agency also may	11473
exchange personally identifiable information with another state	11474
agency for purposes related to and in support of a health	11475
transformation initiative identified by the executive director of	11476
the office of health transformation pursuant to division (C) of	11477
section 191.06 of the Revised Code.	11478

(C) With respect to a state agency that uses or discloses	11479
personally identifiable information, all of the following	11480
conditions apply:	11481

(1) The state agency shall use or disclose the information	11482
only as permitted or required by state and federal law. In	11483
addition, if the information is obtained during fiscal year 2013	11484
from an exchange of personally identifiable information permitted	11485
under division (B) of this section, the agency shall also use or	11486
disclose the information in accordance with all operating	11487
protocols that apply to the use or disclosure.	11488

(2) If the state agency is a state agency other than the	11489
department of job and family services and it uses or discloses	11490
protected health information relating to a medicaid recipient, the	11491
agency shall comply with all state and federal laws that apply to	11492
the department of job and family services when that department, as	11493
the state's single state agency to supervise the medicaid program	11494
as specified in section 5111.01 of the Revised Code, uses or	11495
discloses protected health information.	11496

(3) A state agency shall implement administrative, physical,	11497
and technical safeguards for the purpose of protecting the	11498
confidentiality, integrity, and availability of personally	11499
identifiable information the creation, receipt, maintenance, or	11500
transmittal of which is affected or governed by an operating	11501
protocol.	11502

(4) If a state agency discovers an unauthorized use or	11503
disclosure of unsecured protected health information or unsecured	11504
individually identifiable health information, the state agency	11505
shall, not later than seventy-two hours after the discovery, do	11506
all of the following:	11507

(a) Identify the individuals who are the subject of the	11508
protected health information or individually identifiable health	11509
information;	11510

(b) Report the discovery and the names of all individuals	11511
identified pursuant to division (C)(4)(a) of this section to all	11512
other state agencies and the executive director of the office of	11513
health transformation or the executive director's designee;	11514

(c) Mitigate, to the extent reasonably possible, any	11515
potential adverse effects of the unauthorized use of disclosure.	11516

(5) A state agency shall make available to the executive	11517
director of the office of health transformation or the executive	11518
director's designee, and to any other state or federal	11519
governmental entity required by law to have access on that	11520
entity's request, all internal practices, records, and	11521
documentation relating to personally identifiable information it	11522
receives, uses, or discloses that is affected or governed by an	11523
operating protocol.	11524

(6) On termination or expiration of an operating protocol and	11525
if feasible, a state agency shall return or destroy all personally	11526
identifiable information received directly from or received on	11527
behalf of another state agency. If the personally identifiable	11528
information is not returned or destroyed, the state agency	11529
maintaining the information shall extend the protections set forth	11530
in this section for as long as it is maintained.	11531

(7) If a state agency enters into a subcontract or, when	11532
required by 45 C.F.R. 164.502(e)(2), a business associate	11533
agreement, the subcontract or business associate agreement shall	11534
require the subcontractor or business associate to comply with the	11535
terms of this section as if the subcontractor or business	11536
associate were a state agency.	11537

Sec. 191.06. (A) The provisions of this section shall apply	11538
only for fiscal year 2013.	11539

(B) The executive director of the office of health	11540
transformation or the executive director's designee may facilitate	11541
the coordination of operations and exchange of information between	11542
state agencies. The purpose of the executive director's authority	11543
under this section is to support agency collaboration for health	11544
transformation purposes, including modernization of the medicaid	11545
program, streamlining of health and human services programs in	11546
this state, and improving the quality, continuity, and efficiency	11547
of health care and health care support systems in this state.	11548

(C) In furtherance of the authority of the executive director	11549
of the office of health transformation under division (B) of this	11550
section, the executive director or the executive director's	11551
designee shall identify each health transformation initiative in	11552
this state that involves the participation of two or more state	11553
agencies and that permits or requires an interagency agreement to	11554
be entered into for purposes of specifying each participating	11555
agency's role in coordinating, operating, or funding the	11556
initiative, or facilitating the exchange of data or other	11557
information for the initiative. The executive director shall	11558
publish a list of the identified health transformation initiatives	11559
on the internet web site maintained by the office of health	11560
transformation.	11561

(D) For each health transformation initiative that is	11562
identified under division (C) of this section, the executive	11563
director or the executive director's designee shall, in	11564
consultation with each participating agency, adopt one or more	11565
operating protocols. Notwithstanding any law enacted by the	11566
general assembly or rule adopted by a state agency, the provisions	11567
in a protocol shall supersede any provisions in an interagency	11568
agreement, including an interagency agreement entered into under	11569
section 5101.10 or 5111.91 of the Revised Code, that differ from	11570
the provisions of the protocol.	11571

(E)(1) An operating protocol adopted under division (D) of	11572
this section shall include both of the following:	11573

(a) All terms necessary to meet the requirements of "other	11574
arrangements" between a covered entity and a business associate	11575
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	11576

(b) If known, the date on which the protocol will terminate	11577
or expire.	11578

(2) In addition, a protocol may specify the extent to which	11579
each participating agency is responsible and accountable for	11580
completing the tasks necessary for successful completion of the	11581
initiative, including tasks relating to the following components	11582
of the initiative:	11583

(a) Workflow;

11584

(b) Funding;

11585

(c) Exchange of data or other information that is	11586
confidential pursuant to state or federal law.	11587

(F) An operating protocol adopted under division (D) of this	11588
section shall have the same force and effect as an interagency	11589
agreement or data sharing agreement, and each participating agency	11590
shall comply with it.	11591

(G) The director of job and family services shall determine	11592
whether a waiver of federal medicaid requirements or a medicaid	11593
state plan amendment is necessary to fulfill the requirements of	11594
this section. If the director determines a waiver or medicaid	11595
state plan amendment is necessary, the director shall apply to the	11596
United States secretary of health and human services for the	11597
waiver or amendment.	11598

Sec. 305.171. ~~The following applies until the department of~~	11599
~~administrative services implements for counties the health care~~	11600
~~plans under section 9.901 of the Revised Code. If those plans do~~	11601
~~not include or address any benefits listed in division (A) of this~~	11602
~~section, the following provisions continue in effect for those~~	11603
~~benefits.~~	11604

(A) The board of county commissioners of any county may	11605
contract for, purchase, or otherwise procure and pay all or any	11606
part of the cost of any of the following insurance, coverage, or	11607
benefits issued by an insurance company or administered by a board	11608
of county commissioners or a contractor, for county officers and	11609
employees and their immediate dependents from the funds or budgets	11610
from which the county officers or employees are compensated for	11611
services:	11612

(1) Group insurance policies that may provide any of the	11613
following:	11614

(a) Benefits including, but not limited to, hospitalization,	11615
surgical care, major medical care, disability, dental care, eye	11616
care, medical care, hearing aids, or prescription drugs;	11617

(b) Sickness and accident insurance;

11618

11619

(d) Group life insurance.

11620

(2) Any other qualified benefit available under section 125	11621
of the "Internal Revenue Code of 1986," 26 U.S.C. 125;	11622

(3) A health and wellness benefit program through which the	11623
county provides a benefit or incentive to county officers,	11624
employees, and their immediate dependents to maintain a healthy	11625
lifestyle, including, but not limited to, programs to encourage	11626
healthy eating and nutrition, exercise and physical activity,	11627
weight control or the elimination of obesity, and cessation of	11628
smoking or alcohol use.	11629

(4) Any combination of any of the foregoing types of	11630
insurance, coverage, or benefits.	11631

(B) The board of county commissioners also may negotiate and	11632
contract for any plan or plans of health care services with health	11633
insuring corporations holding a certificate of authority under	11634
Chapter 1751. of the Revised Code, provided that each county	11635
officer or employee shall be permitted to do both of the	11636
following:	11637

(1) Exercise an option between a plan offered by an insurance	11638
company and a plan or plans offered by health insuring	11639
corporations under this division, on the condition that the county	11640
officer or employee shall pay any amount by which the cost of the	11641
plan chosen by the county officer or employee pursuant to this	11642
division exceeds the cost of the plan offered under division (A)	11643
of this section;	11644

(2) Change from one of the plans to another at a time each	11645
year as determined by the board.	11646

(C) Section 307.86 of the Revised Code does not apply to the	11647
purchase of benefits for county officers or employees under	11648
divisions (A) and (B) of this section when those benefits are	11649
provided through a jointly administered health and welfare trust	11650
fund in which the county or contracting authority and a collective	11651
bargaining representative of the county employees or contracting	11652
authority agree to participate.	11653

(D) The board of trustees of a jointly administered trust	11654
fund that receives contributions pursuant to collective bargaining	11655
agreements entered into between the board of county commissioners	11656
of any county and a collective bargaining representative of the	11657
employees of the county may provide for self-insurance of all risk	11658
in the provision of fringe benefits, and may provide through the	11659
self-insurance method specific fringe benefits as authorized by	11660
the rules of the board of trustees of the jointly administered	11661
trust fund. The fringe benefits may include, but are not limited	11662
to, hospitalization, surgical care, major medical care,	11663
disability, dental care, vision care, medical care, hearing aids,	11664
prescription drugs, group life insurance, sickness and accident	11665
insurance, group legal services, or a combination of any of the	11666
foregoing types of insurance or coverage, for county employees and	11667
their dependents.	11668

(E) The board of county commissioners may provide the	11669
benefits described in divisions (A) to (D) of this section through	11670
an individual self-insurance program or a joint self-insurance	11671
program as provided in section 9.833 of the Revised Code.	11672

(F) When a board of county commissioners offers benefits	11673
authorized under this section to a county officer or employee, the	11674
board may offer the benefits through a cafeteria plan meeting the	11675
requirements of section 125 of the "Internal Revenue Code of	11676
1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part	11677
of that plan, may offer the county officer or employee the option	11678
of receiving a cash payment in any form permissible under such	11679
cafeteria plans. A cash payment made to a county officer or	11680
employee under this division shall not exceed twenty-five per cent	11681
of the cost of premiums or payments that otherwise would be paid	11682
by the board for benefits for the county officer or employee under	11683
a policy or plan.	11684

(G) The board of county commissioners may establish a policy	11685
authorizing any county appointing authority to make a cash payment	11686
to any county officer or employee in lieu of providing a benefit	11687
authorized under this section if the county officer or employee	11688
elects to take the cash payment instead of the offered benefit. A	11689
cash payment made to a county officer or employee under this	11690
division shall not exceed twenty-five per cent of the cost of	11691
premiums or payments that otherwise would be paid by the board for	11692
benefits for the county officer or employee under an offered	11693
policy or plan.	11694

(H) No cash payment in lieu of a health benefit shall be made	11695
to a county officer or employee under division (F) or (G) of this	11696
section unless the county officer or employee signs a statement	11697
affirming that the county officer or employee is covered under	11698
another health insurance or health care policy, contract, or plan,	11699
and setting forth the name of the employer, if any, that sponsors	11700
the coverage, the name of the carrier that provides the coverage,	11701
and the identifying number of the policy, contract, or plan.	11702

(I) The legislative authority of a county-operated municipal	11703
court, after consultation with the judges, or the clerk and deputy	11704
clerks, of the municipal court, shall negotiate and contract for,	11705
purchase, or otherwise procure, and pay the costs, premiums, or	11706
charges for, group health care coverage for the judges, and group	11707
health care coverage for the clerk and deputy clerks, in	11708
accordance with section 1901.111 or 1901.312 of the Revised Code.	11709

(J) As used in this section:

11710

(1) "County officer or employee" includes, but is not limited	11711
to, a member or employee of the county board of elections.	11712

(2) "County-operated municipal court" and "legislative	11713
authority" have the same meanings as in section 1901.03 of the	11714
Revised Code.	11715

(3) "Health care coverage" has the same meaning as in section	11716
1901.111 of the Revised Code.	11717

Sec. 306.04. (A) Except as otherwise provided in division	11718
(B) of this section, employees of a county transit board or a	11719
board of county commissioners operating a transit system are	11720
employees of the county. If the system is operated by the board of	11721
county commissioners, the board shall appoint an executive	11722
director, who shall be in the unclassified service.	11723

(B) Any county transit board that established its own civil	11724
service organization and procedure prior to ~~the effective date of~~	11725
~~this amendment~~October 25, 1995, shall continue to operate under	11726
that organization. Appointments and promotions in that system	11727
shall be made, as far as practicable, by competitive examination.	11728

A board that established its own civil service organization	11729
prior to ~~the effective date of this amendment~~October 25, 1995,	11730
shall establish by rule the seniority provisions relating to	11731
street railway and motor bus employees in effect at the time of	11732
the acquisition of the transit system by the county. The vacation,	11733
holiday, and sick leave privileges shall not be regulated by other	11734
provisions of law relating to public employees of the state or	11735
county, except that the transit board, its officers and employees,	11736
shall be subject to the public employees retirement system of the	11737
state and the transit board shall assume any pension obligations	11738
which have been assumed by any publicly owned transit system which	11739
the county may acquire.	11740

(C) A county transit board or board of county commissioners	11741
operating a transit system may:	11742

(1) Acquire in its name by gift, grant, purchase, or	11743
condemnation and hold and operate real estate and interests	11744
therein and personal property suitable for its purposes;	11745

(2) In its name purchase, acquire, construct, enlarge,	11746
improve, equip, repair, maintain, sell, exchange, lease as lessee	11747
or lessor, receive a right of use of, and manage, control, and	11748
operate, in or out of the county, a county transit system	11749
consisting of all real estate and interests therein, personal	11750
property, and a combination thereof, for or related to the	11751
movement of persons including but not limited to street railway,	11752
tramline, subways, rapid transits, monorails, and passenger bus	11753
systems but excluding therefrom trucks, the movement of property	11754
by truck, and facilities designed for use in the movement of	11755
property by truck for hire;	11756

(3) Issue, with the approval of the county commissioners when	11757
the issuance is made by the transit board, revenue bonds of the	11758
county as provided in division (B) of section 306.09 of the	11759
Revised Code, to secure funds to accomplish its purposes. The	11760
principal of and interest on such bonds, together with all other	11761
payments required to be made by the trust agreement or indenture	11762
securing such bonds, shall be paid solely from revenues or other	11763
income accruing to the board from facilities of the county transit	11764
system designated in said agreement or indenture.	11765

(4) Enter into contracts in the exercise of the rights,	11766
powers, and duties conferred upon it, and execute all instruments	11767
necessary in the conduct of its business;	11768

(5) Fix, alter, and charge rates and other charges for the	11769
use of its real estate and interests therein, personal property,	11770
and combinations thereof;	11771

(6) Employ such financial consultants, accountants,	11772
appraisers, consulting engineers, architects, construction	11773
experts, attorneys-at-law, managers and other supervisory	11774
personnel, and other officers, employees, and agents as it	11775
determines necessary to conduct its business, and fix their	11776
compensation and duties;	11777

(7) Pledge, hypothecate, or otherwise encumber its revenues	11778
and other income as security for its obligations and enter into	11779
trust agreements or indentures for the benefit of revenue	11780
bondholders;	11781

(8) Borrow money or accept or contract to accept advances,	11782
loans, gifts, grants, devises, or bequests from and enter into	11783
contracts or agreements with any federal, state, or other	11784
governmental or private source and hold and apply advances, loans,	11785
gifts, grants, devises, or bequests according to the terms thereof	11786
including provisions which are required by such federal, state, or	11787
other governmental or private source to protect the interest of	11788
employees affected by such advances, loans, gifts, grants,	11789
devises, or bequests. Such advances, loans, gifts, grants, or	11790
devises may be subject to any reasonable reservation and any gift,	11791
grant, or devise or real estate may be in fee simple or any lesser	11792
estate. Any advances or loans received from any federal, state, or	11793
other governmental or private source may be repaid in accordance	11794
with the terms of such advance or loan.	11795

(9) Conduct investigations and surveys into the needs of the	11796
public within or without the county for transportation services to	11797
provide for the movement of persons within, into, or from the area	11798
serviced or to be serviced by the county transit system;	11799

(10) Enter into lawful arrangements with the appropriate	11800
federal or state department or agency, county, township, municipal	11801
corporation, or other political subdivision or public agency for	11802
the planning and installation of any public facilities which are	11803
determined necessary in the conduct of its business;	11804

(11) Purchase fire, extended coverage, and liability	11805
insurance for the real estate and interests therein, personal	11806
property and any combination thereof, used by or in connection	11807
with the county transit system and insurance covering the board	11808
and the county transit system and its officers and employees for	11809
liability for damage or injury to persons or property;	11810

(12) Procure and pay all or any part of the cost of group	11811
hospitalization, surgical, major medical, or sickness and accident	11812
insurance, or a combination thereof, for the officers and	11813
employees of the county transit system and their immediate	11814
dependents, issued by an insurance company, duly authorized to do	11815
business in this state;	11816

(13) Sell, lease, release, or otherwise dispose of real	11817
estate or interests therein or personal property owned by it and	11818
grant such easements across its real estate and interests therein	11819
as will not interfere with its use by the county transit system;	11820

(14) Establish rules for the use and operation of the county	11821
transit system including the real estate or interests therein,	11822
personal property or a combination of the foregoing used by or in	11823
connection with such system;	11824

(15) Exercise the power of eminent domain to appropriate any	11825
real estate or interests therein, personal property, franchises,	11826
or any combination thereof, within or without the county,	11827
necessary or proper in the exercise of its powers provided in	11828
sections 306.01 to 306.13 of the Revised Code, as provided in	11829
sections 163.01 to 163.22 of the Revised Code, and subject to	11830
divisions (15)(a), (b), and (c) of this section, provided that a	11831
county transit board or a board of county commissioners operating	11832
a transit system shall not proceed to so appropriate real property	11833
outside its territorial boundaries, until it has served at the	11834
office of the county commissioners of the county in which it is	11835
proposed to appropriate real property, a notice describing the	11836
real property to be taken and the purpose for which it is proposed	11837
to be taken, and such county commissioners have entered on their	11838
journal within thirty days after such service a resolution	11839
approving such appropriation;	11840

(a) Nothing contained in this division authorizes a county	11841
transit board or a board of county commissioners to appropriate	11842
any land, rights, rights-of-way, franchises, or easements	11843
belonging to the state or to a municipal corporation without the	11844
consent of the state or of the municipal corporation, and no	11845
county transit board or board of county commissioners shall	11846
exercise the right of eminent domain to acquire any certificate of	11847
public convenience and necessity, or any part thereof, issued to a	11848
for-hire motor ~~transportation company~~carrier by the public	11849
utilities commission of Ohio or by the ~~interstate commerce~~	11850
~~commission~~federal motor carrier safety administration of the	11851
United States, or to take or disturb other real estate or	11852
interests therein, personal property, or any combination thereof	11853
belonging to any municipal corporation without the consent of the	11854
legislative authority of such municipal corporation, or take or	11855
disturb real estate or interests therein, personal property, or	11856
any combination thereof belonging to any other political	11857
subdivision, public corporation, public utility, or common	11858
carrier, which is necessary and convenient in the operation of	11859
such political subdivision, public corporation, public utility, or	11860
common carrier unless provision is made for the restoration,	11861
relocation, or duplication of that taken or upon the election of	11862
such political subdivision, public corporation, public utility, or	11863
common carrier for the payment of compensation, if any, at the	11864
sole cost of the county transit system.	11865

(b) If any restoration or duplication proposed to be made	11866
under this division involves a relocation, the new location shall	11867
have at least comparable utilitarian value and effectiveness, and	11868
such relocation shall not impair the ability of the public utility	11869
or common carrier to compete in its original area of operation.	11870

(c) If such restoration or duplication proposed to be made	11871
under this division involves a relocation, the county transit	11872
board or board of county commissioners shall acquire no interest	11873
or right in or to the appropriated property or facility until the	11874
relocated property or facility is available for use and until	11875
marketable title thereto has been transferred to the political	11876
subdivision, public corporation, public utility, or common	11877
carrier. Nothing in this division shall require any board of	11878
county commissioners or county transit board operating a county	11879
transit system to so restore, relocate, or duplicate, if all of	11880
the real estate and interests therein, personal property, and any	11881
combination of the foregoing which is owned by a public utility or	11882
common carrier and used by it or in connection with the movement	11883
of persons, is acquired by exercise of the power of eminent	11884
domain.	11885

(16) When real property is acquired that is located outside	11886
the county and is removed from the tax duplicate, the county	11887
transit board or board of county commissioners operating a transit	11888
system shall pay annually to the county treasurer of the county in	11889
which that property is located, commencing with the first tax year	11890
in which that property is removed from the tax duplicate, an	11891
amount of money in lieu of taxes equal to the smaller of the	11892
following:	11893

(a) The last annual installment of taxes due from the	11894
acquired property before removal from the tax duplicate;	11895

(b) An amount equal to the difference between the combined	11896
revenue from real estate taxes of all the taxing districts in	11897
which the property is located in the tax year immediately prior to	11898
the removal of the acquired property from the tax duplicate, and	11899
either:	11900

(i) The total revenue which would be produced by the tax rate	11901
of each such taxing district in the tax year immediately prior to	11902
the removal of the acquired property from the tax duplicate,	11903
applied to the real estate tax duplicate of each of such taxing	11904
districts in each tax year subsequent to the year of removal; or	11905

(ii) The combined revenue from real estate taxes of all such	11906
taxing districts in each tax year subsequent to the year of	11907
removal, whichever is the greater.	11908

The county transit board or board of county commissioners may	11909
be exempted from such payment by agreement of the affected taxing	11910
district or districts in the county in which the property is	11911
located.	11912

The county auditor of the county in which that property is	11913
located shall apportion each such annual payment to each taxing	11914
district as if the annual payment had been levied and collected as	11915
a tax.	11916

Those annual payments shall never again be made after they	11917
have ceased.	11918

(17) Sue or be sued, plead or be impleaded, and be held	11919
liable in any court of proper jurisdiction for damages received by	11920
reason of negligence, in the same manner and to the same extent as	11921
if the county transit system were privately operated, provided,	11922
that no funds of a county other than those of the county transit	11923
board or, if the transit system is operated by the board of county	11924
commissioners, other than those in the account for the county	11925
transit system created under division (C) of section 306.01 of the	11926
Revised Code, shall be available for the satisfaction of judgments	11927
rendered against that system;	11928

(18) Annually prepare and make available for public	11929
inspection a report in condensed form showing the financial	11930
results of the operation of the county transit system. For systems	11931
operated by a county transit board, copies of this report shall be	11932
furnished to the county commissioners as well as a monthly summary	11933
statement of revenues and expenses for the preceding month	11934
sufficient to show the exact financial condition of the county	11935
transit system as of the last day of the preceding month.	11936

(19) With the approval of the county commissioners when the	11937
action is taken by the transit board, and without competitive	11938
bidding, sell, lease, or grant the right of use of all or a	11939
portion of the county transit system to any other political	11940
subdivision, taxing district, or other public body or agency	11941
having the power to operate a transit system;	11942

(20) Enter into and supervise franchise agreements for the	11943
operation of a county transit system;	11944

(21) Accept the assignment of and then supervise an existing	11945
franchise agreement for the operation of a county transit system.	11946

Sec. 306.36. (A) The board of trustees of a regional transit	11947
authority may exercise the power of eminent domain to appropriate	11948
any land, rights, rights-of-way, franchise, power lines,	11949
easements, or other property, within or without the territorial	11950
boundaries of the regional transit authority, necessary or proper	11951
for the construction or efficient operation of any transit	11952
facility or access thereto under its jurisdiction pursuant to the	11953
procedure provided in sections 163.01 to 163.22, inclusive, of the	11954
Revised Code, and subject to division (B) of this section,	11955
provided that a regional transit authority shall not proceed to so	11956
appropriate real property outside its territorial boundaries,	11957
until it has served at the office of the county commissioners of	11958
the county in which it is proposed to appropriate real property, a	11959
notice describing the real property to be taken and the purpose	11960
for which it is proposed to be taken, and such county	11961
commissioners have entered on their journal within thirty days	11962
after such service a resolution approving such appropriation.	11963

(B) Nothing contained in sections 306.30 to 306.53,	11964
inclusive, of the Revised Code authorizes a regional transit	11965
authority to appropriate any land, rights, rights-of-way,	11966
franchises, or easements belonging to the state or a municipal	11967
corporation without the consent of the state or municipal	11968
corporation, and no regional transit authority shall exercise the	11969
right of eminent domain to acquire any certificate of public	11970
convenience and necessity, or any part thereof, issued to a	11971
for-hire motor ~~transportation company~~carrier by the public	11972
utilities commission of Ohio or by the ~~interstate commerce~~	11973
~~commission of the United States~~federal motor carrier safety	11974
administration, or to take or disturb other property or facilities	11975
belonging to any political subdivision, public corporation, public	11976
utility, or common carrier, which property or facility is	11977
necessary and convenient in the operation of such political	11978
subdivision, public corporation, public utility, or common	11979
carrier, unless provision is made for the restoration, relocation,	11980
or duplication of such property or facility, or upon the election	11981
of such political subdivision, public corporation, public utility,	11982
or common carrier, for the payment of compensation, if any, at the	11983
sole cost of the regional transit authority, provided:	11984

(1) If any restoration or duplication of any property or	11985
facility proposed to be made under this division involves a	11986
relocation of such property or facility the new facility and	11987
location thereof shall be of at least comparable utilitarian value	11988
and effectiveness and such relocation shall not impair the ability	11989
of the public utility or common carrier to compete in its original	11990
area of operation.	11991

(2) If any restoration or duplication of any property or	11992
facility proposed to be made under this division involves a	11993
relocation of such property or facility, the regional transit	11994
authority shall acquire no interest or right in or to the	11995
appropriated property or facility until the relocated property or	11996
facility is available for use and until marketable title thereto	11997
has been transferred to the public utility or common carrier.	11998

(C) When real property is acquired which is located outside	11999
the territorial boundaries of the regional transit authority and	12000
which is removed from the tax duplicate, the regional transit	12001
authority shall pay annually to the county treasurer of the county	12002
in which such property is located, commencing with the first tax	12003
year in which such property is removed from the tax duplicate, an	12004
amount of money in lieu of taxes equal to the smaller of the	12005
following:	12006

(1) The last annual installment of taxes due from the	12007
acquired property before removal from the tax duplicate;	12008

(2) An amount equal to the difference between the combined	12009
revenue from real estate taxes of all the taxing districts in	12010
which such property is located in the tax year immediately prior	12011
to the removal of such acquired property from the tax duplicate,	12012
and either:	12013

(a) The total revenue which would be produced by the tax rate	12014
of each such taxing district in the tax year immediately prior to	12015
the removal of such acquired property from the tax duplicate,	12016
applied to the real estate tax duplicate of each of such taxing	12017
districts in each tax year subsequent to the year of removal; or	12018

(b) The combined revenue from real estate taxes of all such	12019
taxing districts in each tax year subsequent to the year of	12020
removal, whichever is the greater.	12021

The county auditor of each county in which such property is	12022
located shall apportion each such annual payment to each taxing	12023
district as if such annual payment has been levied and collected	12024
as a tax.	12025

Such annual payments shall never again be made after they	12026
have ceased.	12027

The regional transit authority may be exempted from such	12028
payment by agreement of the affected taxing district or districts	12029
in the county in which such property is located.	12030

Sec. 307.05. As used in this section, "emergency medical	12031
service organization" has the same meaning as in section 4765.01	12032
of the Revised Code.	12033

A board of county commissioners may operate an ambulance	12034
service organization or emergency medical service organization,	12035
or, in counties with a population of forty thousand or less, may	12036
operate a nonemergency patient transport service organization, or	12037
may enter into a contract with one or more counties, townships,	12038
municipal corporations, nonprofit corporations, joint emergency	12039
medical services districts, fire and ambulance districts, or	12040
private ambulance owners, regardless of whether such counties,	12041
townships, municipal corporations, nonprofit corporations, joint	12042
emergency medical services districts, fire and ambulance	12043
districts, or private ambulance owners are located within or	12044
without the state, in order to furnish or obtain the services of	12045
ambulance service organizations, to furnish or obtain additional	12046
services from ambulance service organizations in times of	12047
emergency, to furnish or obtain the services of emergency medical	12048
service organizations, or, in counties with a population of forty	12049
thousand or less, to furnish or obtain services of nonemergency	12050
patient transport service organizations, or may enter into a	12051
contract with any such entity to furnish or obtain the interchange	12052
of services from ambulance or emergency medical service	12053
organizations, or, within counties with a population of forty	12054
thousand or less, to furnish or obtain the interchange of services	12055
from nonemergency patient transport service organizations, within	12056
the territories of the contracting subdivisions. Except in the	12057
case of a contract with a joint emergency medical services	12058
district to obtain the services of emergency medical service	12059
organizations, such contracts shall not be entered into with a	12060
public agency or nonprofit corporation that receives more than	12061
half of its operating funds from governmental entities with the	12062
intention of directly competing with the operation of other	12063
ambulance service organizations, nonemergency patient transport	12064
service organizations, or emergency medical service organizations	12065
in the county unless the public agency or nonprofit corporation is	12066
awarded the contract after submitting the lowest and best bid to	12067
the board of county commissioners. Any county wishing to commence	12068
operation of a nonemergency patient transport service organization	12069
or wishing to enter into a contract for the first time to furnish	12070
or obtain services from a nonemergency patient transport service	12071
organization on or after March 1, 1993, including a county in	12072
which a private provider has been providing the service, shall	12073
demonstrate the need for public funding for the service to, and	12074
obtain approval from, the state board of emergency medical and	12075
transportation services or its immediate successor board prior to	12076
operating or funding the organization.	12077

When such an organization is operated by the board, the	12078
organization may be administered by the board, by the county	12079
sheriff, or by another county officer or employee designated by	12080
the board. All rules, including the determining of reasonable	12081
rates, necessary for the establishment, operation, and maintenance	12082
of such an organization shall be adopted by the board.	12083

A contract for services of an ambulance service, nonemergency	12084
patient transport service, or emergency medical service	12085
organization shall include the terms, conditions, and stipulations	12086
as agreed to by the parties to the contract. It may provide for a	12087
fixed annual charge to be paid at the times agreed upon and	12088
stipulated in the contract, or for compensation based upon a	12089
stipulated price for each run, call, or emergency or the number of	12090
persons or pieces of apparatus employed, or the elapsed time of	12091
service required in such run, call, or emergency, or any	12092
combination thereof.	12093

Sec. 307.051. As used in this section, "emergency medical	12094
service organization" has the same meaning as in section 4766.01	12095
of the Revised Code.	12096

A board of county commissioners, by adoption of an	12097
appropriate resolution, may choose to have the ~~Ohio~~state board of	12098
emergency medical and transportation ~~board~~services license any	12099
emergency medical service organization it operates. If a board	12100
adopts such a resolution, Chapter 4766. of the Revised Code,	12101
except for sections 4766.06 and 4766.99 of the Revised Code,	12102
applies to the county emergency medical service organization. All	12103
rules adopted under the applicable sections of that chapter also	12104
apply to the organization. A board, by adoption of an appropriate	12105
resolution, may remove its emergency medical service organization	12106
from the jurisdiction of the ~~Ohio~~state board of emergency medical	12107
and transportation ~~board~~services.	12108

Sec. 307.055. (A) Subject to the terms and conditions of the	12109
joint resolution creating it, each joint emergency medical	12110
services district may furnish ambulance services and emergency	12111
medical services by one of the following methods:	12112

(1) By operating an emergency medical service organization as	12113
defined in section 4765.01 of the Revised Code;	12114

(2) By contracting for the operation of one or more	12115
facilities pursuant to division (C) or (D) of this section;	12116

(3) By providing necessary services and equipment to the	12117
district either directly or under a contract entered into pursuant	12118
to division (B) of this section;	12119

(4) By providing service through any combination of methods	12120
described in divisions (A)(1) to (3) of this section.	12121

(B) In order to obtain ambulance service, to obtain	12122
additional ambulance service in times of emergency, or to obtain	12123
emergency medical services, a joint emergency medical services	12124
district may enter into a contract, for a period not to exceed	12125
three years, with one or more counties, townships, municipal	12126
corporations, joint fire districts, other governmental units that	12127
provide ambulance service or emergency medical services, nonprofit	12128
corporations, or private ambulance owners, regardless of whether	12129
the entities contracted with are located within or outside this	12130
state, upon such terms as are agreed to, to furnish or receive	12131
ambulance services or the interchange of ambulance services or	12132
emergency medical services within the several territories of the	12133
contracting subdivisions, if the contract is first authorized by	12134
all boards of trustees and legislative authorities in the	12135
territories to be served.	12136

Such a contract may provide for a fixed annual charge to be	12137
paid at the times agreed upon and stipulated in the contract; or	12138
for compensation based on a stipulated price for each run, call,	12139
or emergency or based on the elapsed time of service required for	12140
each run, call, or emergency, or based on any combination of	12141
these.	12142

Expenditures of a district for ambulance service or emergency	12143
medical service, whether pursuant to contract or otherwise, are	12144
lawful expenditures, regardless of whether the district or the	12145
party with which it contracts charges an additional fee to users	12146
of the service.	12147

(C) The board of trustees may enter into a contract with any	12148
person, municipal corporation, township, or other political	12149
subdivision, and any political subdivision may contract with the	12150
board, for the operation and maintenance of emergency medical	12151
services facilities regardless of whether the facilities used are	12152
owned or leased by the district, by another political subdivision,	12153
or by the contractor.	12154

(D) The district may purchase, lease, and maintain all	12155
materials, buildings, land, and equipment, including vehicles, the	12156
board considers necessary for the district.	12157

When the board finds, by resolution, that the district has	12158
personal property that is not needed for public use, or is	12159
obsolete or unfit for the use for which it was acquired, the board	12160
may dispose of the property in the same manner as provided in	12161
section 307.12 of the Revised Code.	12162

(E) Except in the case of a contract with a board of county	12163
commissioners for the provision of services of an emergency	12164
medical service organization, any contract entered into by a joint	12165
emergency medical services district shall conform to the same	12166
bidding requirements that apply to county contracts under sections	12167
307.86 to 307.92 of the Revised Code.	12168

(F) A county participating in a joint district may contribute	12169
any of its rights or interests in real or personal property,	12170
including money, and may contribute services to the district. Any	12171
such contributions shall be made by a written agreement between	12172
the contributing county and the district, specifying the	12173
contribution as well as the rights of the participating counties	12174
in the contributed property. Written agreements shall also be	12175
prepared specifying the rights of participating counties in	12176
property acquired by the district other than by contribution of a	12177
participating county. Written agreements required by this division	12178
may be amended only by written agreement of all parties to the	12179
original agreement.	12180

(G) A district's board of trustees, by adoption of an	12181
appropriate resolution, may choose to have the ~~Ohio~~state board of	12182
emergency medical and transportation ~~board~~services license any	12183
emergency medical service organization the district operates. If a	12184
board adopts such a resolution, Chapter 4766. of the Revised Code,	12185
except for sections 4766.06 and 4766.99 of the Revised Code,	12186
applies to the district emergency medical service organization.	12187
All rules adopted under the applicable sections of that chapter	12188
also apply to the organization. A board, by adoption of an	12189
appropriate resolution, may remove the district emergency medical	12190
service organization from the jurisdiction of the ~~Ohio~~state board	12191
of emergency medical and transportation ~~board~~services.	12192

Sec. 307.093. A board of county commissioners may enter into	12193
a sale and leaseback agreement under which the board agrees to	12194
convey a county-owned building to a purchaser who is obligated,	12195
immediately upon closing, to lease the building back to the	12196
county. The sale and leaseback agreement shall obligate the lessor	12197
to make improvements to the building, including renovations,	12198
energy conservation measures, and other measures that are	12199
necessary to improve the functionality and reduce the operating	12200
costs of the building.	12201

The authority granted by this section is not subject to the	12202
limitations imposed by sections 307.02 and 307.09 of the Revised	12203
Code.	12204

Sec. 309.09. (A) The prosecuting attorney shall be the legal	12205
adviser of the board of county commissioners, board of elections,	12206
all other county officers and boards, and all tax-supported public	12207
libraries, and any of them may require written opinions or	12208
instructions from the prosecuting attorney in matters connected	12209
with their official duties. The prosecuting attorney shall	12210
prosecute and defend all suits and actions that any such officer,	12211
board, or tax-supported public library directs or to which it is a	12212
party, and no county officer may employ any other counsel or	12213
attorney at the expense of the county, except as provided in	12214
section 305.14 of the Revised Code. The prosecuting attorney shall	12215
also defend all civil actions in the court of common pleas brought	12216
pursuant to division (B)(1) of section 2743.48 of the Revised	12217
Code.	12218

(B)(1) The prosecuting attorney shall be the legal adviser	12219
for all township officers, boards, and commissions, unless,	12220
subject to division (B)(2) of this section, the township has	12221
adopted a limited home rule government pursuant to Chapter 504. of	12222
the Revised Code and has not entered into a contract to have the	12223
prosecuting attorney serve as the township law director, in which	12224
case, subject to division (B)(2) of this section, the township law	12225
director, whether serving full-time or part-time, shall be the	12226
legal adviser for all township officers, boards, and commissions.	12227
When the board of township trustees finds it advisable or	12228
necessary to have additional legal counsel, it may employ an	12229
attorney other than the township law director or the prosecuting	12230
attorney of the county, either for a particular matter or on an	12231
annual basis, to represent the township and its officers, boards,	12232
and commissions in their official capacities and to advise them on	12233
legal matters. No such legal counsel may be employed, except on	12234
the order of the board of township trustees, duly entered upon its	12235
journal, in which the compensation to be paid for the legal	12236
services shall be fixed. The compensation shall be paid from the	12237
township fund.	12238

Nothing in this division confers any of the powers or duties	12239
of a prosecuting attorney under section 309.08 of the Revised Code	12240
upon a township law director.	12241

(2)(a) If any township in the county served by the	12242
prosecuting attorney has adopted any resolution regarding the	12243
operation of adult entertainment establishments pursuant to the	12244
authority that is granted under section 503.52 of the Revised Code	12245
or if a resolution of that nature has been adopted under section	12246
503.53 of the Revised Code in a township in the county served by	12247
the prosecuting attorney, all of the following apply:	12248

(i) Upon the request of a township in the county that has	12249
adopted, or in which has been adopted, a resolution of that nature	12250
that is made pursuant to division (E)(1)(c) of section 503.52 of	12251
the Revised Code, the prosecuting attorney shall prosecute and	12252
defend on behalf of the township in the trial and argument in any	12253
court or tribunal of any challenge to the validity of the	12254
resolution. If the challenge to the validity of the resolution is	12255
before a federal court, the prosecuting attorney may request the	12256
attorney general to assist the prosecuting attorney in prosecuting	12257
and defending the challenge and, upon the prosecuting attorney's	12258
making of such a request, the attorney general shall assist the	12259
prosecuting attorney in performing that service if the resolution	12260
was drafted in accordance with legal guidance provided by the	12261
attorney general as described in division (B)(2) of section 503.52	12262
of the Revised Code. The attorney general shall provide this	12263
assistance without charge to the township for which the service is	12264
performed. If a township adopts a resolution without the legal	12265
guidance of the attorney general, the attorney general is not	12266
required to provide assistance as described in this division to a	12267
prosecuting attorney.	12268

(ii) Upon the request of a township in the county that has	12269
adopted, or in which has been adopted, a resolution of that nature	12270
that is made pursuant to division (E)(1)(a) of section 503.52 of	12271
the Revised Code, the prosecuting attorney shall prosecute and	12272
defend on behalf of the township a civil action to enjoin the	12273
violation of the resolution in question.	12274

(iii) Upon the request of a township in the county that has	12275
adopted, or in which has been adopted, a resolution of that nature	12276
that is made pursuant to division (E)(1)(b) of section 503.52 of	12277
the Revised Code, the prosecuting attorney shall prosecute and	12278
defend on behalf of the township a civil action under Chapter	12279
3767. of the Revised Code to abate as a nuisance the place in the	12280
unincorporated area of the township at which the resolution is	12281
being or has been violated. Proceeds from the sale of personal	12282
property or contents seized pursuant to the action shall be	12283
applied and deposited in accordance with division (E)(1)(b) of	12284
section 503.52 of the Revised Code.	12285

(b) The provisions of division (B)(2)(a) of this section	12286
apply regarding all townships, including townships that have	12287
adopted a limited home rule government pursuant to Chapter 504. of	12288
the Revised Code, and regardless of whether a township that has so	12289
adopted a limited home rule government has entered into a contract	12290
with the prosecuting attorney as described in division (B) of	12291
section 504.15 of the Revised Code or has appointed a law director	12292
as described in division (A) of that section.	12293

The prosecuting attorney shall prosecute and defend in the	12294
actions and proceedings described in division (B)(2)(a) of this	12295
section without charge to the township for which the services are	12296
performed.	12297

(C) Whenever the board of county commissioners employs an	12298
attorney other than the prosecuting attorney of the county,	12299
without the authorization of the court of common pleas as provided	12300
in section 305.14 of the Revised Code, either for a particular	12301
matter or on an annual basis, to represent the board in its	12302
official capacity and to advise it on legal matters, the board	12303
shall enter upon its journal an order of the board in which the	12304
compensation to be paid for the legal services shall be fixed. The	12305
compensation shall be paid from the county general fund. The total	12306
compensation paid, in any year, by the board for legal services	12307
under this division shall not exceed the total annual compensation	12308
of the prosecuting attorney for that county.	12309

(D) The prosecuting attorney and the board of county	12310
commissioners jointly may contract with a board of park	12311
commissioners under section 1545.07 of the Revised Code for the	12312
prosecuting attorney to provide legal services to the park	12313
district the board of park commissioners operates.	12314

(E) The prosecuting attorney may be, in the prosecuting	12315
attorney's discretion and with the approval of the board of county	12316
commissioners, the legal adviser of a joint fire district created	12317
under section 505.371 of the Revised Code at no cost to the	12318
district or may be the legal adviser to the district under a	12319
contract that the prosecuting attorney and the district enter	12320
into, and that the board of county ~~commissioner~~commissioners	12321
approves, to authorize the prosecuting attorney to provide legal	12322
services to the district.	12323

(F) The prosecuting attorney may be, in the prosecuting	12324
attorney's discretion and with the approval of the board of county	12325
commissioners, the legal adviser of a joint ambulance district	12326
created under section 505.71 of the Revised Code at no cost to the	12327
district or may be the legal adviser to the district under a	12328
contract that the prosecuting attorney and the district enter	12329
into, and that the board of county commissioners approves, to	12330
authorize the prosecuting attorney to provide legal services to	12331
the district.	12332

(G) The prosecuting attorney may be, in the prosecuting	12333
attorney's discretion and with the approval of the board of county	12334
commissioners, the legal adviser of a joint emergency medical	12335
services district created under section 307.052 of the Revised	12336
Code at no cost to the district or may be the legal adviser to the	12337
district under a contract that the prosecuting attorney and the	12338
district enter into, and that the board of county commissioners	12339
approves, to authorize the prosecuting attorney to provide legal	12340
services to the district.	12341

(H) The prosecuting attorney may be, in the prosecuting	12342
attorney's discretion and with the approval of the board of county	12343
commissioners, the legal adviser of a fire and ambulance district	12344
created under section 505.375 of the Revised Code at no cost to	12345
the district or may be the legal adviser to the district under a	12346
contract that the prosecuting attorney and the district enter	12347
into, and that the board of county commissioners approves, to	12348
authorize the prosecuting attorney to provide legal services to	12349
the district.	12350

(I) All money received pursuant to a contract entered into	12351
under division (D), (E), (F), (G), or (H) of this section shall be	12352
deposited into the prosecuting attorney's legal services fund,	12353
which shall be established in the county treasury of each county	12354
in which such a contract exists. Moneys in that fund may be	12355
appropriated only to the prosecuting attorney for the purpose of	12356
providing legal services to a park district, joint fire district,	12357
joint ambulance district, joint emergency medical services	12358
district, or a fire and ambulance district, as applicable, under a	12359
contract entered into under the applicable division.	12360

Sec. 313.121. (A) As used in this section, "parent" means	12361
either parent, except that if one parent has been designated the	12362
residential parent and legal custodian of the child, "parent"	12363
means the designated residential parent and legal custodian, and	12364
if a person other than a parent is the child's legal guardian,	12365
"parent" means the legal guardian.	12366

(B) If a child under two years of age dies suddenly when in	12367
apparent good health, the death shall be reported immediately to	12368
the coroner of the county in which the death occurred, as required	12369
by section 313.12 of the Revised Code. Except as provided in	12370
division (C) of this section, the coroner or deputy coroner shall	12371
perform an autopsy on the child. The autopsy shall be performed in	12372
accordance with ~~public health council~~ rules adopted by the	12373
director of health under section 313.122 of the Revised Code. The	12374
coroner or deputy coroner may perform research procedures and	12375
tests when performing the autopsy.	12376

(C) A coroner or deputy coroner is not required to perform an	12377
autopsy if the coroner of the county in which the death occurred	12378
or a court with jurisdiction over the deceased body determines	12379
under section 313.131 of the Revised Code that an autopsy is	12380
contrary to the religious beliefs of the child. If the coroner or	12381
the court makes such a determination, the coroner shall notify the	12382
health district or department of health with jurisdiction in the	12383
area in which the child's parent resides. For purposes of this	12384
division, the religious beliefs of the parents of a child shall be	12385
considered to be the religious beliefs of the child.	12386

(D) If the child's parent makes a written or verbal request	12387
for the preliminary results of the autopsy after the results are	12388
available, the coroner, or a person designated by ~~him~~the coroner,	12389
shall give the parent an oral statement of the preliminary	12390
results.	12391

The coroner, within a reasonable time after the final results	12392
of the autopsy are reported, shall send written notice of the	12393
results to the state department of health, the health district or	12394
department with jurisdiction in the area in which the child's	12395
parent resides, and, upon the request of a parent of the child, to	12396
the child's attending physician. Upon the written request of a	12397
parent of the child and the payment of the transcript fee required	12398
by section 313.10 of the Revised Code, the coroner shall send	12399
written notice of the final results to that parent. The notice	12400
sent to the state department of health shall include all of the	12401
information specified ~~by rule of the public health council~~in	12402
rules adopted under section 313.122 of the Revised Code.	12403

(E) On the occurrence of any of the following, the health	12404
district or department with jurisdiction in the area in which the	12405
child's parent resides shall offer the parent any counseling or	12406
other supportive services it has available:	12407

(1) When it learns through any source that an autopsy is	12408
being performed on a child under two years of age who died	12409
suddenly when in apparent good health;	12410

(2) When it receives notice that the final result of an	12411
autopsy performed pursuant to this section concluded that the	12412
child died of sudden infant death syndrome;	12413

(3) When it is notified by the coroner that, pursuant to	12414
division (C) of this section, an autopsy was not performed.	12415

(F) When a health district or department receives notice that	12416
the final result of an autopsy performed pursuant to this section	12417
concluded that the child died of sudden infant death syndrome or	12418
that, pursuant to division (C) of this section, an autopsy was not	12419
performed but sudden infant death syndrome may have been the cause	12420
of death, it shall offer the child's parent information about	12421
sudden infant death syndrome. The state department of health shall	12422
ensure that current information on sudden infant death syndrome is	12423
available for distribution by health districts and departments.	12424

Sec. 313.122. The ~~public~~director of health ~~council~~, after	12425
reviewing and considering any recommendations made by the Ohio	12426
state coroners association, shall adopt rules in accordance with	12427
Chapter 119. of the Revised Code establishing a protocol governing	12428
the performance of autopsies under section 313.121 of the Revised	12429
Code. The rules shall specify the information derived from an	12430
autopsy that a coroner is required to report to the state	12431
department of health. The ~~public health council~~director shall not	12432
amend the rules adopted under this section unless it notifies the	12433
Ohio state coroners association of the proposed changes and	12434
consults with the association.	12435

Sec. 313.16. In counties where no coroner's laboratory has	12436
been established or where the coroner's laboratory does not have	12437
the equipment or personnel to follow the protocol established by	12438
~~rule of~~in rules adopted by the ~~public~~director of health ~~council~~	12439
~~adopted~~ under section 313.122 of the Revised Code, the coroner may	12440
request a coroner of a county in which such a laboratory is	12441
established or that has a laboratory able to follow the ~~public~~	12442
~~health council's~~director's protocol to perform necessary	12443
laboratory examinations, the cost of which shall be no greater	12444
than the actual value of the services of technicians and the	12445
materials used in performing such examination. Money derived from	12446
the fees paid for these examinations shall be kept in a special	12447
fund, for the use of the coroner's laboratory, from which fund	12448
replacements can be made. Such funds shall be used to purchase	12449
necessary supplies and equipment for the laboratory and to pay any	12450
associated costs incurred in the administration of this section at	12451
the coroner's discretion.	12452

Sec. 317.24. (A) As used in this section:

12453

(1) "Authorized party" means any of the following:

12454

(a) The person who is the subject of the record of discharge;

12455

(b) A county veterans service officer~~, or an~~who is certified	12456
by the department of veterans services;	12457

(c) An attorney-in-fact, agent, or other representative of	12458
the person who is the subject of the record of discharge, if	12459
authorized to inspect or copy the record of discharge by that	12460
person in a power of attorney or other document;	12461

~~(c)~~(d) A person authorized, for good cause shown, by a court	12462
of record to inspect or copy the record of discharge;	12463

~~(d)~~(e) If the person who is the subject of the record of	12464
discharge is deceased, the executor or administrator, or an heir,	12465
legatee, or devisee, of the person's estate or a funeral director	12466
who is to perform the funeral for the deceased person.	12467

(2) "Separation code" or "separation program number" means	12468
the coded number or numbers used to specify the reasons for a	12469
person's separation from active duty, as contained in one of the	12470
following:	12471

(a) Regarding a separation code, as contained in line 23 or	12472
26 of a veteran's discharge paper, United States department of	12473
defense form DD-214;	12474

(b) Regarding a separation program number, as contained in	12475
line 9(c) or line 11(c) of a veteran's discharge paper, under	12476
prior versions of United States department of defense form DD-214.	12477

(3) "Service-related document" means any United States	12478
department of defense form DD-215 or DD-220, or any National Guard	12479
Bureau form NGB-22 or NGB-22A.	12480

(B)(1) Upon request of any discharged member of the armed	12481
forces of the United States and presentation of the member's	12482
discharge, the county recorder shall record the discharge in a	12483
book to be furnished by the board of county commissioners for that	12484
purpose. There shall be no fee for the recording. The record of	12485
discharge, or a certified copy of the record, shall be received in	12486
evidence in all cases where the original discharge would be	12487
received.	12488

(2)(a) A discharge recorded under division (B)(1) or (D) of	12489
this section is not a public record under section 149.43 of the	12490
Revised Code for a period of seventy-five years after the date of	12491
the recording. During that period, the county recorder's office	12492
shall make the record of discharge available only to an authorized	12493
party or to a person other than an authorized party as provided by	12494
division (B)(2)(b) of this section. Except as provided in section	12495
317.27 of the Revised Code, the authorized party shall pay the	12496
reasonable costs of copying the record of discharge.	12497

(b) A person other than an authorized party may request to	12498
view or receive a copy of a discharge record recorded under	12499
division (B)(1) or (D) of this section. Upon such a person's	12500
request, the county recorder's office shall provide a copy of the	12501
discharged record to the person that shall be redacted to contain	12502
only the name, rank, date of birth, date of discharge, and type of	12503
discharge of the person who is the subject of the discharge	12504
record. Except as provided in section 317.27 of the Revised Code,	12505
a person other than an authorized party shall pay the reasonable	12506
costs of copying the record of discharge.	12507

(3) A county veterans service officer, who is an authorized	12508
party, may request to receive, from a county recorder's office, a	12509
record of discharge if the veterans service officer has a need for	12510
access to the record of discharge for the purpose of supporting a	12511
veteran's claim for benefits, and the county recorder's office	12512
shall make the record available to the county veterans service	12513
officer.	12514

(C) Upon application by a person whose discharge has been	12515
recorded pursuant to this section, the county recorder shall,	12516
without fee, expunge the person's record of discharge, expunge the	12517
person's separation program number or separation code from the	12518
person's record of discharge and from any of the person's other	12519
service-related documents that have been recorded, or expunge the	12520
person's social security number from the person's record of	12521
discharge and from any of the person's other service-related	12522
documents that have been recorded. The application shall be in the	12523
following form:	12524

"APPLICATION FOR EXPUNGEMENT	12525

OF DISCHARGE RECORD OR OTHER INFORMATION	12526

I, ................ (Name of Applicant), the undersigned,	12527
hereby request the County Recorder of the County of ............	12528
(Name of County), state of Ohio, to expunge my .......... (Insert	12529
Record of Discharge, Separation Program Number or Separation Code	12530
from my Record of Discharge and other service-related documents,	12531
or Social Security Number from my Record of Discharge and other	12532
service-related documents).	12533

Dated this .......... day of .........., .....

12534

.................................

(Signature of Applicant)

Sworn to and subscribed before me by ............ (Name of	12535
Applicant) on .........., .....	12536

........................................

Notary	12537
Public

My commission expires ..........,	12538
....."

(D) Upon the request of any person who served during World	12539
War I or World War II as a member of any armed force of the	12540
government of Poland or Czechoslovakia and participated while so	12541
serving in armed conflict with an enemy of the United States and	12542
who has been a citizen of the United States for at least ten	12543
years, and the presentation of the person's discharge, the county	12544
recorder shall record the person's discharge in a book to be	12545
furnished by the board of county commissioners for that purpose.	12546
No fee shall be charged for the recording. The record, or a	12547
certified copy of it, shall be received in evidence in all cases	12548
where the original would be received.	12549

Sec. 319.09. The county auditor, if authorized by a	12550
resolution of the board of county commissioners, may serve as the	12551
fiscal officer of any department, office, or agency of the county.	12552

Sec. 319.59. (A)(1) Each county sealer of weights and	12553
measures shall appoint, by writing under ~~his~~the county sealer's	12554
hand and seal, one or more inspectors, who shall compare weights	12555
and measures ~~whereever~~wherever they are used or maintained for	12556
use within ~~his~~the county sealer's county, or which are brought to	12557
the office of the county sealer for that purpose, with the copies	12558
of the standards in the possession of the county sealer. ~~Such~~	12559
~~inspectors~~A county sealer may share the services of an inspector	12560
or inspectors appointed under this division with another county	12561
sealer, provided that the inspector remains a part-time employee	12562
of each county by whom the inspector is employed. If the inspector	12563
becomes a full-time employee of one county, the inspector's	12564
employment with the other county shall be terminated.	12565

(2) In lieu of appointing or sharing inspectors under	12566
division (A)(1) of this section, the county sealer may enter into	12567
a contract with a private person to employ the person to perform	12568
the same services that an inspector appointed under this section	12569
would perform. Each person employed under this division shall meet	12570
the training and continuing education requirements established for	12571
weights and measures inspector personnel by the director of	12572
agriculture under Chapter 1327. of the Revised Code and under	12573
rules promulgated thereunder.	12574

(B) Inspectors appointed under division (A)(1) of this	12575
section shall receive a salary fixed by the county sealer and	12576
private persons employed under division (A)(2) of this section	12577
shall receive the compensation specified in the contract, to be	12578
paid by the county, which shall be instead of all fees or charges	12579
otherwise allowed by law. Such inspectors and private persons	12580
shall also be employed by the county sealer to assist in the	12581
prosecution of all violations of law relating to weights and	12582
measures.	12583

Sec. 329.01. In each county, except as provided in section	12584
329.40 of the Revised Code, there shall be a county department of	12585
job and family services which, when so established, shall be	12586
governed by this chapter. The department shall consist of a county	12587
director of job and family services appointed by the board of	12588
county commissioners, and such assistants and other employees as	12589
are necessary for the efficient performance of the functions of	12590
the county department. Before entering upon the discharge of the	12591
director's official duties, the director shall give a bond,	12592
conditioned for the faithful performance of those official duties,	12593
in such sum as fixed by the board. The director may require any	12594
assistant or employee under the director's jurisdiction to give a	12595
bond in such sum as determined by the board. All bonds given under	12596
this section shall be with a surety or bonding company authorized	12597
to do business in this state, conditioned for the faithful	12598
performance of the duties of such director, assistant, or	12599
employee. The expense or premium for any bond required by this	12600
section shall be paid from the appropriation for administrative	12601
expenses of the department. Such bond shall be deposited with the	12602
county treasurer and kept in the treasurer's office.	12603

As used in the Revised Code:

12604

(A) "County department of job and family services" means the	12605
county department of job and family services established under	12606
this section, including an entity designated a county department	12607
of job and family services under section 307.981 of the Revised	12608
Code, or ~~the~~a joint county department of job and family services	12609
established under section 329.40 of the Revised Code.	12610

(B) "County director of job and family services" means the	12611
county director of job and family services appointed under this	12612
section or under section 329.41 of the Revised Code.	12613

Sec. 329.40. (A)(1) The boards of county commissioners of	12614
~~the~~any two or more counties ~~of Hocking, Ross, and Vinton~~, by	12615
entering into a written agreement, may form a joint county	12616
department of job and family services to perform the duties,	12617
provide the services, and operate the programs required under this	12618
chapter. ~~The formation of this joint county department of job and~~	12619
~~family services is a pilot project.~~ The agreement shall be	12620
ratified by resolution of the board of county commissioners of	12621
each county that entered into the agreement. Each board of county	12622
commissioners that enters into ~~the~~an agreement shall give notice	12623
of the agreement to the Ohio department of job and family services	12624
at least ninety days before the agreement's effective date. The	12625
agreement shall take effect not earlier than the first day of the	12626
calendar quarter following the ninety-day notice period. The	12627
director of job and family services shall adopt, as an internal	12628
management rule under section 111.15 of the Revised Code, the form	12629
in which the notice shall be given.	12630

(2) The boards of county commissioners of the counties	12631
forming ~~the~~a joint county department shall constitute,	12632
collectively, the board of directors of the joint county	12633
department of job and family services. On the effective date of	12634
the agreement, the board of directors shall take control of and	12635
manage the joint county department subject to this chapter and all	12636
other sections of the Revised Code that govern the authority and	12637
responsibilities of a single board of county commissioners in the	12638
operation of a single county department of job and family	12639
services.	12640

(B)(1) ~~The~~An agreement to establish ~~the~~a joint county	12641
department shall specify all of the following:	12642

(a) The obligations of each board of county commissioners in	12643
operating the joint county department, including requiring each	12644
board to provide state, federal, and county funds to the operation	12645
of the joint county department and the schedule for provision of	12646
those funds;	12647

(b) How and which facilities, equipment, and personnel will	12648
be shared;	12649

(c) Procedures for the division of resources and obligations	12650
~~should a county~~if one or more counties withdraw from the joint	12651
county department, or ~~should~~ the department ~~cease~~ceases to exist;	12652

(d) Any contributions of participating counties establishing	12653
the joint county department and the rights of those counties in	12654
lands or personal property, or rights or interests therein,	12655
contributed to or otherwise acquired by the joint county	12656
department.	12657

(2) ~~The~~An agreement to establish ~~the~~a joint county	12658
department may set forth any or all of the following:	12659

(a) Quality, timeliness, and other standards to be met by	12660
each county;	12661

(b) Which family service programs and functions are to be	12662
included in the joint county department;	12663

(c) Procedures for the operation of the board of directors,	12664
including procedures governing the frequency of meetings and the	12665
number of members of the board required to constitute a quorum to	12666
take action;	12667

(d) Any other procedures or standards necessary for the joint	12668
county department to perform its duties and operate efficiently.	12669

(C) ~~The~~An agreement may be amended by a majority vote of the	12670
board of directors of the joint county department, but no	12671
amendment shall divest a participating county of any right or	12672
interest in lands or personal property without its consent.	12673

(D) Costs incurred in operating ~~the~~a joint county department	12674
shall be paid from a joint general fund created by the board of	12675
directors, except as may be otherwise provided in the agreement.	12676

Sec. 329.41. (A) The board of directors of ~~the~~a joint	12677
county department of job and family services formed under section	12678
329.40 of the Revised Code shall appoint and fix the compensation	12679
of athe director of the department. The director shall serve at	12680
the pleasure of the board of directors. Under the direction and	12681
control of the board, the director shall have full charge of the	12682
department as set forth in section 329.02 of the Revised Code for	12683
the director of a single county department of job and family	12684
services.	12685

(B) The board of directors may appoint up to three	12686
administrators to oversee services provided by the joint county	12687
department. Administrators shall be in the unclassified service.	12688

(C) Employees of ~~the~~a joint county department of job and	12689
family services shall be appointed by the director of the joint	12690
county department and, except as provided in this section, shall	12691
be in the classified service. The employees of ~~the~~a joint county	12692
department shall be considered county employees for the purposes	12693
of Chapter 124. of the Revised Code and other provisions of state	12694
law applicable to county employees. Instead of or in addition to	12695
appointing these employees, ~~the~~a board of directors may agree to	12696
use the employees of one or more of the counties that formed ~~the~~a	12697
joint county department in the service of the joint county	12698
department and to share in their compensation in any manner that	12699
may be agreed upon.	12700

(D) Notwithstanding any other section of the Revised Code, if	12701
an employee's separation from county service occurs in connection	12702
with a county joining or withdrawing from ~~the~~a joint county	12703
department of job and family services, the board of county	12704
commissioners that initially appointed the employee shall have no	12705
obligation to pay any compensation with respect to unused vacation	12706
or sick leave accrued to the credit of the employee if the	12707
employee accepts employment with the joint county department or a	12708
withdrawing county. At the effective time of separation from	12709
county service, the joint county department or the withdrawing	12710
county, as the case may be, shall assume such unused vacation and	12711
sick leave accrued to the employee's credit.	12712

Sec. 329.42. The county auditor of the county with the	12713
largest population that formed ~~the~~a joint county department of	12714
job and family services under section 329.40 of the Revised Code	12715
shall serve as the fiscal officer of the joint county department,	12716
and the county treasurer of that county shall serve as the	12717
treasurer of the joint county department, unless the counties that	12718
formed the joint county department agree to appoint the county	12719
auditor and county treasurer of another county that formed the	12720
department. In either case, these county officers shall perform	12721
any applicable duties for the joint county department as each	12722
typically performs for the county of which the individual is an	12723
officer. The board of directors of the joint county department may	12724
pay to that county any amount agreed upon by the board of	12725
directors and the board of county commissioners of that county to	12726
reimburse the county for the costs that are properly allocable to	12727
the service of its officers as fiscal officer and treasurer of the	12728
joint county department.	12729

Sec. 329.43. (A) The prosecuting attorney of the county with	12730
the largest population that formed ~~the~~a joint county department	12731
of job and family services under section 329.40 of the Revised	12732
Code shall serve as the legal advisor of the board of directors of	12733
the joint county department, unless the counties that formed the	12734
joint county department agree to appoint the prosecuting attorney	12735
of another county that formed the joint county department as legal	12736
advisor of the board. The board of directors may pay to the county	12737
of the prosecuting attorney who is the legal advisor of the board	12738
any amount agreed upon by the board of directors and the board of	12739
county commissioners of that county to reimburse that county for	12740
the costs that are properly allocable to the service of its	12741
prosecuting attorney as the legal advisor of the board of	12742
directors.	12743

(B) The prosecuting attorney shall provide such services to	12744
the board of directors as are required or authorized to be	12745
provided to other county boards under Chapter 309. of the Revised	12746
Code.	12747

(C)(1) If the board of directors of ~~the~~a joint county	12748
department wishes to employ other legal counsel on an annual basis	12749
to serve as the board's legal advisor in place of the prosecuting	12750
attorney, the board may do so with the agreement of the	12751
prosecuting attorney. If the prosecuting attorney does not agree,	12752
the board of directors may apply to the court of common pleas of	12753
the county with the largest population that formed the joint	12754
county department for authority to employ other legal counsel on	12755
an annual basis.	12756

(2) If the board of directors of ~~the~~a joint county	12757
department wishes to employ other legal counsel to represent or	12758
advise the board on a particular matter in place of the	12759
prosecuting attorney, the board may do so with the agreement of	12760
the prosecuting attorney. If the prosecuting attorney does not	12761
agree, the board of directors may apply to the court of common	12762
pleas of the county with the largest population that formed the	12763
joint county department for authority to employ other legal	12764
counsel for that particular matter.	12765

(3) The prosecuting attorney who is the legal advisor of the	12766
board of directors shall be given notice of an application filed	12767
under division (C)(1) or (2) of this section and shall be afforded	12768
an opportunity to be heard. After the hearing, the court may	12769
authorize the board of directors to employ other legal counsel on	12770
an annual basis or for a particular matter only if it finds that	12771
the prosecuting attorney refuses or is unable to provide the legal	12772
services that the board requires. If the board of directors	12773
employs other legal counsel on an annual basis or for a particular	12774
matter, the board may not require the prosecuting attorney to	12775
provide legal advice, opinions, or other legal services during the	12776
period or to the extent that the board employs the other legal	12777
counsel.	12778

Sec. 329.44. (A) AThe board of directors of ~~the~~a joint	12779
county department of job and family services formed under section	12780
329.40 of the Revised Code may acquire, by purchase or lease, real	12781
property, equipment, and systems to improve, maintain, or operate	12782
family service programs within the territory served by the joint	12783
county department. A board of county commissioners may acquire,	12784
within its county, real property or any estate, interest, or right	12785
therein, by appropriation or any other method, for use by the	12786
joint county department in connection with its provision of	12787
services. Appropriation proceedings shall be conducted in	12788
accordance with Chapter 163. of the Revised Code.	12789

(B) A board of county commissioners that formed ~~the~~a joint	12790
county department may contribute lands or rights or interests	12791
therein, money, other personal property or rights or interests	12792
therein, or services to the joint county department. The board of	12793
county commissioners may issue bonds or bond anticipation notes of	12794
the county to pay the cost of acquiring real property and of	12795
constructing, modifying, or upgrading a facility to house	12796
employees of the joint county department. The board of directors	12797
of ~~the~~a joint county department may reimburse the county for the	12798
use of such a facility if it is required to do so under the	12799
agreement entered into under section 329.40 of the Revised Code.	12800

Sec. 329.45. (A)(1) A board of county commissioners that has	12801
entered into an agreement under section 329.40 of the Revised Code	12802
establishing a joint county department of job and family services	12803
may ~~pass~~adopt a resolution requesting to withdraw from the	12804
agreement ~~establishing the joint county department of job and~~	12805
~~family services formed under section 329.40 of the Revised Code~~.	12806
Upon adopting such a resolution, the board of county commissioners	12807
shall deliver a copy of the resolution to the board of directors	12808
of the joint county department. Upon receiving the resolution, the	12809
board of directors shall deliver written notice of the requested	12810
withdrawal to the boards of county commissioners of the other	12811
county or counties that formed the joint county department. ~~Within~~	12812
Not later than thirty days after receiving the notice, each of	12813
those boards of county commissioners shall adopt a resolution	12814
either accepting the withdrawal or objecting to the withdrawal,	12815
and shall deliver a copy of the resolution to the board of	12816
directors.	12817

(2) If any of the boards of county commissioners that formed	12818
~~the~~a joint county department adopts a resolution objecting to the	12819
requested withdrawal, the board of directors shall deliver written	12820
notice of the objection to each other board of county	12821
commissioners of the counties that formed the joint county	12822
department, including the board of county commissioners of the	12823
county proposing withdrawal~~, and shall schedule~~. Not later than	12824
thirty days after sending the notice, the board of directors shall	12825
hold a meeting ~~of the board of directors to be held within thirty~~	12826
~~days~~ to discuss the objection. After the meeting, the board of	12827
directors shall determine whether the county requesting withdrawal	12828
desires to proceed with the withdrawal and, if the county does,	12829
the board of directors shall accept the withdrawal. Not later than	12830
thirty days after the determination was made, the board of	12831
directors shall deliver written notice of the withdrawal to the	12832
boards of county commissioners that formed the joint county	12833
department and to the board of county commissioners that requested	12834
withdrawal, and shall commence the withdrawal process under this	12835
section.	12836

(3) If all of the boards of county commissioners that formed	12837
~~the~~a joint county department, except for the board of county	12838
commissioners requesting the withdrawal, each adopt a resolution	12839
accepting the withdrawal, the board of directors shall declare the	12840
withdrawal to be accepted. Not later than thirty days after the	12841
declaration, the board of directors shall deliver written notice	12842
of the withdrawal to all of the boards of county commissioners	12843
that formed the joint county department, including the board of	12844
county commissioners of the county requesting withdrawal, and	12845
shall commence the withdrawal process under this section.	12846

(4) The board of directors shall give notice to the Ohio	12847
department of job and family services of the withdrawal of a	12848
county under this section at least ninety days before the	12849
withdrawal becomes final. The director of job and family services	12850
shall adopt, as an internal management rule under section 111.15	12851
of the Revised Code, the form in which the notice shall be given.	12852

(5) If a county requesting to withdraw decides to remain as a	12853
party to the agreement establishing ~~the~~a joint county department,	12854
the board of county commissioners of that county shall rescind its	12855
original resolution requesting withdrawal and shall deliver a copy	12856
of the rescission to the board of directors of the joint county	12857
department ~~within~~not later than thirty days after adopting the	12858
rescission.	12859

(B) If a county withdraws from ~~the~~an agreement under this	12860
section, the board of directors shall ascertain, apportion, and	12861
order a division of the funds on hand, credits, and real and	12862
personal property of the joint county department, either in money	12863
or in kind, on an equitable basis between the joint county	12864
department and the withdrawing county according to the agreement	12865
entered into under section 329.40 of the Revised Code and	12866
consistent with any prior contributions of the withdrawing county	12867
to the joint county department. Any debt incurred individually	12868
shall remain the responsibility of that county, unless otherwise	12869
specified in the agreement establishing the joint county	12870
department.	12871

(C) A withdrawal becomes final not earlier than the first day	12872
of the calendar quarter following the ninety-day notice period	12873
required by division (A)(4) of this section. On and after that	12874
day, the withdrawing county ceases to be a part of the joint	12875
county department, and its members of the board of directors shall	12876
cease to be members of that board.	12877

(D) If the withdrawal of one or more counties would leave	12878
only one county participating in ~~the~~a joint county department,	12879
the board of directors shall ascertain, apportion, and order a	12880
final division of the funds on hand, credits, and real and	12881
personal property of the joint county department. On and after the	12882
day on which the latest withdrawal of a county becomes final, the	12883
joint county department is dissolved. When ~~the~~a joint county	12884
department is dissolved and any indebtedness remains unpaid, the	12885
boards of county commissioners that formed the joint county	12886
department shall pay the indebtedness of the joint county	12887
department in the amounts established by the agreement at the time	12888
the indebtedness was incurred.	12889

Sec. 329.46. (A) A board of county commissioners that formed	12890
~~the~~a joint county department of job and family services under	12891
section 329.40 of the Revised Code, by adopting a resolution, may	12892
propose the removal of another county that formed the joint county	12893
department. The board of county commissioners shall send a copy of	12894
such a resolution to the board of directors of the joint county	12895
department. ~~Within~~Not later than ten days after receiving the	12896
copy of the resolution, the board of directors shall send a copy	12897
of the resolution to each board of county commissioners that	12898
formed the joint county department, except the board of county	12899
commissioners proposing removal. ~~Within~~Not later than thirty days	12900
after sending a copy of the resolution, the board of directors	12901
shall hold a hearing at which any county commissioner whose county	12902
formed the joint county department may present arguments for or	12903
against the removal. At the hearing, approval or disapproval of	12904
the removal shall be determined by a two-thirds vote of the county	12905
commissioners of the counties that formed the joint county	12906
department, with the exception of the county commissioners of the	12907
county proposed for removal.	12908

(B) The board of directors of ~~the~~a joint county department	12909
of job and family services, by adopting a resolution by a majority	12910
vote of the members of the board, may propose removal of a county	12911
that formed the joint county department. ~~Within~~Not later than ten	12912
days after adopting such a resolution, the board of directors	12913
shall send a copy of the resolution to the board of county	12914
commissioners of each county that formed the joint county	12915
department, including the board of county commissioners of the	12916
county proposed for removal. ~~Within~~Not later than thirty days	12917
after sending the copy of the resolution, the board of directors	12918
shall hold a hearing at which any member of the board may present	12919
arguments for or against the removal. At this hearing, approval or	12920
disapproval of the resolution proposing removal shall be	12921
determined by a two-thirds vote of the members of the board of	12922
directors, with the exception of the board members who represent	12923
the county proposed for removal.	12924

(C) If removal of a county is approved under this section,	12925
the board of directors shall give written notice of the approval	12926
to the Ohio department of job and family services at least ninety	12927
days before the removal takes effect. The director of job and	12928
family services shall adopt, as an internal management rule under	12929
section 111.15 of the Revised Code, the form in which the notice	12930
shall be given.	12931

(D) Removal of a county under this section shall take effect	12932
not earlier than the first day of the calendar quarter following	12933
the ninety-day notice period required by division (C) of this	12934
section.	12935

(E) If, at any time, the county proposed for removal under	12936
division (A) or (B) of this section notifies the board of	12937
directors, by a majority vote of that county's board of county	12938
commissioners, that it chooses to withdraw from the joint county	12939
department, the withdrawal procedure established under section	12940
329.45 of the Revised Code shall be put immediately into motion.	12941

Sec. 330.04. If, for the purpose of Chapter 6301. of the	12942
Revised Code, a county is the type of local area defined in	12943
division (A)(2) of section 6301.01 of the Revised Code, the board	12944
of county commissioners serving the county shall adopt a	12945
resolution establishing or designating a workforce development	12946
agency to provide workforce development activities for the county.	12947
The board shall adopt the resolution not later than July 1, 2000.	12948

The board may establish or designate any of the following as	12949
the workforce development agency:	12950

(A) The county department of job and family services;

12951

(B) A separate agency under the direct control of the board	12952
and administered by an official appointed by the board;	12953

(C) An entity serving the county on ~~the effective date of~~	12954
~~this section~~March 14, 2000, in a capacity similar to the capacity	12955
in which a workforce development agency is to serve the county on	12956
and after ~~the effective date of this section~~March 14, 2000;	12957

(D) An entity located in or outside the county that provides	12958
workforce development activities in the county on ~~the effective~~	12959
~~date of this section~~March 14, 2000;	12960

(E) Any private or government entity designated under section	12961
307.981 of the Revised Code;	12962

(F) ~~The~~A joint county department of job and family services	12963
established under section 329.40 of the Revised Code.	12964

Sec. 339.091. Before the board of county commissioners,	12965
board of county hospital trustees, or county hospital commission	12966
may enter into an initial agreement for the acquisition,	12967
operation, or lease under section 140.03, 140.05, 339.09, or	12968
339.14 of the Revised Code of a county hospital operated by a	12969
board of county hospital trustees under section 339.06 of the	12970
Revised Code, the board of county commissioners shall review the	12971
agreement. If it finds that the agreement will meet the needs of	12972
the residents of the county for hospital service, the board of	12973
county commissioners may adopt a resolution authorizing the board	12974
of county commissioners, board of county hospital trustees, or	12975
county hospital commission to enter into the agreement. On	12976
adoption of the resolution, the board of county commissioners,	12977
board of county hospital trustees, or county hospital commission	12978
may enter into the agreement.	12979

The requirements of this section do not apply to an agreement	12980
if one or more hospitals classified as general hospitals by the	12981
~~public~~director of health ~~council~~ under section 3701.07 of the	12982
Revised Code are operating in the same county as the county	12983
hospital.	12984

Sec. 340.03. (A) Subject to rules issued by the director of	12985
mental health after consultation with relevant constituencies as	12986
required by division (L) of section 5119.06 of the Revised Code,	12987
with regard to mental health services, the board of alcohol, drug	12988
addiction, and mental health services shall:	12989

(1) Serve as the community mental health planning agency for	12990
the county or counties under its jurisdiction, and in so doing it	12991
shall:	12992

(a) Evaluate the need for facilities and community mental	12993
health services;	12994

(b) In cooperation with other local and regional planning and	12995
funding bodies and with relevant ethnic organizations, assess the	12996
community mental health needs, set priorities, and develop plans	12997
for the operation of facilities and community mental health	12998
services;	12999

(c) In accordance with guidelines issued by the director of	13000
mental health after consultation with board representatives,	13001
annually develop and submit to the department of mental health a	13002
community mental health plan listing community mental health	13003
needs, including the needs of all residents of the district now	13004
residing in state mental institutions and severely mentally	13005
disabled adults, children, and adolescents; all children subject	13006
to a determination made pursuant to section 121.38 of the Revised	13007
Code; and all the facilities and community mental health services	13008
that are or will be in operation or provided during the period for	13009
which the plan will be in operation in the service district to	13010
meet such needs.	13011

The plan shall include, but not be limited to, a statement of	13012
which of the services listed in section 340.09 of the Revised Code	13013
the board intends to make available. The board must include crisis	13014
intervention services for individuals in an emergency situation in	13015
the plan and explain how the board intends to make such services	13016
available. The plan must also include a statement of the inpatient	13017
and community-based services the board proposes that the	13018
department operate, an assessment of the number and types of	13019
residential facilities needed, such other information as the	13020
department requests, and a budget for moneys the board expects to	13021
receive. The department shall approve or disapprove the plan, in	13022
whole or in part, according to the criteria developed pursuant to	13023
section 5119.61 of the Revised Code. The department's statement of	13024
approval or disapproval shall specify the inpatient and the	13025
community-based services that the department will operate for the	13026
board. Eligibility for state and federal funding shall be	13027
contingent upon an approved plan or relevant part of a plan.	13028

If a board determines that it is necessary to amend a plan or	13029
an allocation request that has been approved under division	13030
(A)(1)(c) of this section, the board shall submit a proposed	13031
amendment to the director. The director may approve or disapprove	13032
all or part of the amendment. The director shall inform the board	13033
of the reasons for disapproval of all or part of an amendment and	13034
of the criteria that must be met before the amendment may be	13035
approved. The director shall provide the board an opportunity to	13036
present its case on behalf of the amendment. The director shall	13037
give the board a reasonable time in which to meet the criteria,	13038
and shall offer the board technical assistance to help it meet the	13039
criteria.	13040

The board shall implement the plan approved by the	13041
department.	13042

(d) Promote, arrange, and implement working agreements with	13043
social agencies, both public and private, and with judicial	13044
agencies.	13045

(2) Investigate, or request another agency to investigate,	13046
any complaint alleging abuse or neglect of any person receiving	13047
services from a community mental health agency as defined in	13048
section 5122.01 of the Revised Code, or ~~from~~alleging abuse or	13049
neglect of a person with mental illness or severe mental	13050
disability residing in a residential facility licensed under	13051
section 5119.22 of the Revised Code. If the investigation	13052
substantiates the charge of abuse or neglect, the board shall take	13053
whatever action it determines is necessary to correct the	13054
situation, including notification of the appropriate authorities.	13055
Upon request, the board shall provide information about such	13056
investigations to the department.	13057

(3) For the purpose of section 5119.611 of the Revised Code,	13058
cooperate with the director of mental health in visiting and	13059
evaluating whether the services of a community mental health	13060
agency satisfy the certification standards established by rules	13061
adopted under that section;	13062

(4) In accordance with criteria established under division	13063
(E) of section 5119.61 of the Revised Code, review and evaluate	13064
the quality, effectiveness, and efficiency of services provided	13065
through its community mental health plan and submit its findings	13066
and recommendations to the department of mental health;	13067

(5) In accordance with section 5119.22 of the Revised Code,	13068
review applications for residential facility licenses and	13069
recommend to the department of mental health approval or	13070
disapproval of applications;	13071

(6) Audit, in accordance with rules adopted by the auditor of	13072
state pursuant to section 117.20 of the Revised Code, at least	13073
annually all programs and services provided under contract with	13074
the board. In so doing, the board may contract for or employ the	13075
services of private auditors. A copy of the fiscal audit report	13076
shall be provided to the director of mental health, the auditor of	13077
state, and the county auditor of each county in the board's	13078
district.	13079

(7) Recruit and promote local financial support for mental	13080
health programs from private and public sources;	13081

(8)(a) Enter into contracts with public and private	13082
facilities for the operation of facility services included in the	13083
board's community mental health plan and enter into contracts with	13084
public and private community mental health agencies for the	13085
provision of community mental health services that are listed in	13086
section 340.09 of the Revised Code and included in the board's	13087
community mental health plan. The board may not contract with a	13088
community mental health agency to provide community mental health	13089
services included in the board's community mental health plan	13090
unless the services are certified by the director of mental health	13091
under section 5119.611 of the Revised Code. Section 307.86 of the	13092
Revised Code does not apply to contracts entered into under this	13093
division. In contracting with a community mental health agency, a	13094
board shall consider the cost effectiveness of services provided	13095
by that agency and the quality and continuity of care, and may	13096
review cost elements, including salary costs, of the services to	13097
be provided. A utilization review process shall be established as	13098
part of the contract for services entered into between a board and	13099
a community mental health agency. The board may establish this	13100
process in a way that is most effective and efficient in meeting	13101
local needs. Until July 1, 2012, a contract with a community	13102
mental health agency or facility, as defined in section 5111.023	13103
of the Revised Code, to provide services listed in division (B) of	13104
that section shall provide for the agency or facility to be paid	13105
in accordance with the contract entered into between the	13106
departments of job and family services and mental health under	13107
section 5111.91 of the Revised Code and any rules adopted under	13108
division (A) of section 5119.61 of the Revised Code.	13109

If either the board or a facility or community mental health	13110
agency with which the board contracts under division (A)(8)(a) of	13111
this section proposes not to renew the contract or proposes	13112
substantial changes in contract terms, the other party shall be	13113
given written notice at least one hundred twenty days before the	13114
expiration date of the contract. During the first sixty days of	13115
this one hundred twenty-day period, both parties shall attempt to	13116
resolve any dispute through good faith collaboration and	13117
negotiation in order to continue to provide services to persons in	13118
need. If the dispute has not been resolved sixty days before the	13119
expiration date of the contract, either party may ~~request that~~	13120
notify the department of mental health of the unresolved dispute.	13121
The director may require both parties to submit the dispute to a	13122
third party with the cost to be shared by the board and the	13123
facility or community mental health agency. The third party shall	13124
issue to the board ~~and~~, the facility or agency, and the department	13125
recommendations on how the dispute may be resolved twenty days	13126
prior to the expiration date of the contract, unless both parties	13127
agree to a time extension. The director shall adopt rules	13128
establishing the procedures of this dispute resolution process.	13129

(b) With the prior approval of the director of mental health,	13130
a board may operate a facility or provide a community mental	13131
health service as follows, if there is no other qualified private	13132
or public facility or community mental health agency that is	13133
immediately available and willing to operate such a facility or	13134
provide the service:	13135

(i) In an emergency situation, any board may operate a	13136
facility or provide a community mental health service in order to	13137
provide essential services for the duration of the emergency;	13138

(ii) In a service district with a population of at least one	13139
hundred thousand but less than five hundred thousand, a board may	13140
operate a facility or provide a community mental health service	13141
for no longer than one year;	13142

(iii) In a service district with a population of less than	13143
one hundred thousand, a board may operate a facility or provide a	13144
community mental health service for no longer than one year,	13145
except that such a board may operate a facility or provide a	13146
community mental health service for more than one year with the	13147
prior approval of the director and the prior approval of the board	13148
of county commissioners, or of a majority of the boards of county	13149
commissioners if the district is a joint-county district.	13150

The director shall not give a board approval to operate a	13151
facility or provide a community mental health service under	13152
division (A)(8)(b)(ii) or (iii) of this section unless the	13153
director determines that it is not feasible to have the department	13154
operate the facility or provide the service.	13155

The director shall not give a board approval to operate a	13156
facility or provide a community mental health service under	13157
division (A)(8)(b)(iii) of this section unless the director	13158
determines that the board will provide greater administrative	13159
efficiency and more or better services than would be available if	13160
the board contracted with a private or public facility or	13161
community mental health agency.	13162

The director shall not give a board approval to operate a	13163
facility previously operated by a person or other government	13164
entity unless the board has established to the director's	13165
satisfaction that the person or other government entity cannot	13166
effectively operate the facility or that the person or other	13167
government entity has requested the board to take over operation	13168
of the facility. The director shall not give a board approval to	13169
provide a community mental health service previously provided by a	13170
community mental health agency unless the board has established to	13171
the director's satisfaction that the agency cannot effectively	13172
provide the service or that the agency has requested the board	13173
take over providing the service.	13174

The director shall review and evaluate a board's operation of	13175
a facility and provision of community mental health service under	13176
division (A)(8)(b) of this section.	13177

Nothing in division (A)(8)(b) of this section authorizes a	13178
board to administer or direct the daily operation of any facility	13179
or community mental health agency, but a facility or agency may	13180
contract with a board to receive administrative services or staff	13181
direction from the board under the direction of the governing body	13182
of the facility or agency.	13183

(9) Approve fee schedules and related charges or adopt a unit	13184
cost schedule or other methods of payment for contract services	13185
provided by community mental health agencies in accordance with	13186
guidelines issued by the department as necessary to comply with	13187
state and federal laws pertaining to financial assistance;	13188

(10) Submit to the director and the county commissioners of	13189
the county or counties served by the board, and make available to	13190
the public, an annual report of the programs under the	13191
jurisdiction of the board, including a fiscal accounting;	13192

(11) Establish, to the extent resources are available, a	13193
community support system, which provides for treatment, support,	13194
and rehabilitation services and opportunities. The essential	13195
elements of the system include, but are not limited to, the	13196
following components in accordance with section 5119.06 of the	13197
Revised Code:	13198

(a) To locate persons in need of mental health services to	13199
inform them of available services and benefits mechanisms;	13200

(b) Assistance for clients to obtain services necessary to	13201
meet basic human needs for food, clothing, shelter, medical care,	13202
personal safety, and income;	13203

(c) Mental health care, including, but not limited to,	13204
outpatient, partial hospitalization, and, where appropriate,	13205
inpatient care;	13206

(d) Emergency services and crisis intervention;

13207

(e) Assistance for clients to obtain vocational services and	13208
opportunities for jobs;	13209

(f) The provision of services designed to develop social,	13210
community, and personal living skills;	13211

(g) Access to a wide range of housing and the provision of	13212
residential treatment and support;	13213

(h) Support, assistance, consultation, and education for	13214
families, friends, consumers of mental health services, and	13215
others;	13216

(i) Recognition and encouragement of families, friends,	13217
neighborhood networks, especially networks that include racial and	13218
ethnic minorities, churches, community organizations, and	13219
meaningful employment as natural supports for consumers of mental	13220
health services;	13221

(j) Grievance procedures and protection of the rights of	13222
consumers of mental health services;	13223

(k) Case management, which includes continual individualized	13224
assistance and advocacy to ensure that needed services are offered	13225
and procured.	13226

(12) Designate the treatment program, agency, or facility for	13227
each person involuntarily committed to the board pursuant to	13228
Chapter 5122. of the Revised Code and authorize payment for such	13229
treatment. The board shall provide the least restrictive and most	13230
appropriate alternative that is available for any person	13231
involuntarily committed to it and shall assure that the services	13232
listed in section 340.09 of the Revised Code are available to	13233
severely mentally disabled persons residing within its service	13234
district. The board shall establish the procedure for authorizing	13235
payment for services, which may include prior authorization in	13236
appropriate circumstances. The board may provide for services	13237
directly to a severely mentally disabled person when life or	13238
safety is endangered and when no community mental health agency is	13239
available to provide the service.	13240

(13) Establish a method for evaluating referrals for	13241
involuntary commitment and affidavits filed pursuant to section	13242
5122.11 of the Revised Code in order to assist the probate	13243
division of the court of common pleas in determining whether there	13244
is probable cause that a respondent is subject to involuntary	13245
hospitalization and what alternative treatment is available and	13246
appropriate, if any;	13247

(14) Ensure that apartments or rooms built, subsidized,	13248
renovated, rented, owned, or leased by the board or a community	13249
mental health agency have been approved as meeting minimum fire	13250
safety standards and that persons residing in the rooms or	13251
apartments are receiving appropriate and necessary services,	13252
including culturally relevant services, from a community mental	13253
health agency. This division does not apply to residential	13254
facilities licensed pursuant to section 5119.22 of the Revised	13255
Code.	13256

(15) Establish a mechanism for involvement of consumer	13257
recommendation and advice on matters pertaining to mental health	13258
services in the alcohol, drug addiction, and mental health service	13259
district;	13260

~~(16) Perform the duties under section 5119.88 of the Revised~~	13261
~~Code required by rules adopted under section 5119.61 of the~~	13262
~~Revised Code regarding referrals by the board or mental health~~	13263
~~agencies under contract with the board of individuals with mental~~	13264
~~illness or severe mental disability to adult care facilities and~~	13265
~~effective arrangements for ongoing mental health services for the~~	13266
~~individuals. The board is accountable in the manner specified in~~	13267
~~the rules for ensuring that the ongoing mental health services are~~	13268
~~effectively arranged for the individuals~~.	13269

(B) The board shall establish such rules, operating	13270
procedures, standards, and bylaws, and perform such other duties	13271
as may be necessary or proper to carry out the purposes of this	13272
chapter.	13273

(C) A board of alcohol, drug addiction, and mental health	13274
services may receive by gift, grant, devise, or bequest any	13275
moneys, lands, or property for the benefit of the purposes for	13276
which the board is established, and may hold and apply it	13277
according to the terms of the gift, grant, or bequest. All money	13278
received, including accrued interest, by gift, grant, or bequest	13279
shall be deposited in the treasury of the county, the treasurer of	13280
which is custodian of the alcohol, drug addiction, and mental	13281
health services funds to the credit of the board and shall be	13282
available for use by the board for purposes stated by the donor or	13283
grantor.	13284

(D) No board member or employee of a board of alcohol, drug	13285
addiction, and mental health services shall be liable for injury	13286
or damages caused by any action or inaction taken within the scope	13287
of the board member's official duties or the employee's	13288
employment, whether or not such action or inaction is expressly	13289
authorized by this section, section 340.033, or any other section	13290
of the Revised Code, unless such action or inaction constitutes	13291
willful or wanton misconduct. Chapter 2744. of the Revised Code	13292
applies to any action or inaction by a board member or employee of	13293
a board taken within the scope of the board member's official	13294
duties or employee's employment. For the purposes of this	13295
division, the conduct of a board member or employee shall not be	13296
considered willful or wanton misconduct if the board member or	13297
employee acted in good faith and in a manner that the board member	13298
or employee reasonably believed was in or was not opposed to the	13299
best interests of the board and, with respect to any criminal	13300
action or proceeding, had no reasonable cause to believe the	13301
conduct was unlawful.	13302

(E) The meetings held by any committee established by a board	13303
of alcohol, drug addiction, and mental health services shall be	13304
considered to be meetings of a public body subject to section	13305
121.22 of the Revised Code.	13306

Sec. 340.091. Each board of alcohol, drug addiction, and	13307
mental health services shall contract with a community mental	13308
health agency under division (A)(7)(a) of section 340.03 of the	13309
Revised Code for the agency to do all of the following in	13310
accordance with rules adopted under section 5119.61 of the Revised	13311
Code for an individual referred to the agency under division	13312
~~(C)~~(D)(2) of section 5119.69 of the Revised Code:	13313

(A) Assess the individual ~~to determine whether to recommend~~	13314
~~that a residential state supplement administrative agency~~	13315
~~designated under section 5119.69 of the Revised Code determine~~	13316
and, if the agency determines that the environment in which the	13317
individual will be living while receiving residential state	13318
supplement payments is appropriate for the individual's needs ~~and,~~	13319
~~if it determines the environment is appropriate~~, issue ~~the~~a	13320
recommendation to the referring residential state supplement	13321
administrative agency that the referring agency should conclude	13322
that the living environment is appropriate when it makes its	13323
determination regarding the appropriateness of the environment;	13324

(B) Provide ongoing monitoring to ensure that services	13325
provided under section 340.09 of the Revised Code are available to	13326
the individual;	13327

(C) Provide discharge planning to ensure the individual's	13328
earliest possible transition to a less restrictive environment.	13329

Sec. 505.37. (A) The board of township trustees may	13330
establish all necessary rules to guard against the occurrence of	13331
fires and to protect the property and lives of the citizens	13332
against damage and accidents, and may, with the approval of the	13333
specifications by the prosecuting attorney or, if the township has	13334
adopted limited home rule government under Chapter 504. of the	13335
Revised Code, with the approval of the specifications by the	13336
township's law director, purchase, lease, lease with an option to	13337
purchase, or otherwise provide any fire apparatus, mechanical	13338
resuscitators, or other equipment, appliances, materials, fire	13339
hydrants, and water supply for fire-fighting purposes that seems	13340
advisable to the board. The board shall provide for the care and	13341
maintenance of fire equipment, and, for these purposes, may	13342
purchase, lease, lease with an option to purchase, or construct	13343
and maintain necessary buildings, and it may establish and	13344
maintain lines of fire-alarm communications within the limits of	13345
the township. The board may employ one or more persons to maintain	13346
and operate fire-fighting equipment, or it may enter into an	13347
agreement with a volunteer fire company for the use and operation	13348
of fire-fighting equipment. The board may compensate the members	13349
of a volunteer fire company on any basis and in any amount that it	13350
considers equitable.	13351

When the estimated cost to purchase fire apparatus,	13352
mechanical resuscitators, other equipment, appliances, materials,	13353
fire hydrants, buildings, or fire-alarm communications equipment	13354
or services exceeds fifty thousand dollars, the contract shall be	13355
let by competitive bidding. When competitive bidding is required,	13356
the board shall advertise once a week for not less than two	13357
consecutive weeks in a newspaper of general circulation within the	13358
township. The board may also cause notice to be inserted in trade	13359
papers or other publications designated by it or to be distributed	13360
by electronic means, including posting the notice on the board's	13361
internet web site. If the board posts the notice on its web site,	13362
it may eliminate the second notice otherwise required to be	13363
published in a newspaper of general circulation within the	13364
township, provided that the first notice published in such	13365
newspaper meets all of the following requirements:	13366

(1) It is published at least two weeks before the opening of	13367
bids.	13368

(2) It includes a statement that the notice is posted on the	13369
board's internet web site.	13370

(3) It includes the internet address of the board's internet	13371
web site.	13372

(4) It includes instructions describing how the notice may be	13373
accessed on the board's internet web site.	13374

The advertisement shall include the time, date, and place	13375
where the clerk of the township, or the clerk's designee, will	13376
read bids publicly. The time, date, and place of bid openings may	13377
be extended to a later date by the board of township trustees,	13378
provided that written or oral notice of the change shall be given	13379
to all persons who have received or requested specifications not	13380
later than ninety-six hours prior to the original time and date	13381
fixed for the opening. The board may reject all the bids or accept	13382
the lowest and best bid, provided that the successful bidder meets	13383
the requirements of section 153.54 of the Revised Code when the	13384
contract is for the construction, demolition, alteration, repair,	13385
or reconstruction of an improvement.	13386

(B) The boards of township trustees of any two or more	13387
townships, or the legislative authorities of any two or more	13388
political subdivisions, or any combination of these, may, through	13389
joint action, unite in the joint purchase, lease, lease with an	13390
option to purchase, maintenance, use, and operation of	13391
fire-fighting equipment, or for any other purpose designated in	13392
sections 505.37 to 505.42 of the Revised Code, and may prorate the	13393
expense of the joint action on any terms that are mutually agreed	13394
upon.	13395

(C) The board of township trustees of any township may, by	13396
resolution, whenever it is expedient and necessary to guard	13397
against the occurrence of fires or to protect the property and	13398
lives of the citizens against damages resulting from their	13399
occurrence, create a fire district of any portions of the township	13400
that it considers necessary. The board may purchase, lease, lease	13401
with an option to purchase, or otherwise provide any fire	13402
apparatus, appliances, materials, fire hydrants, and water supply	13403
for fire-fighting purposes, or may contract for the fire	13404
protection for the fire district as provided in section 9.60 of	13405
the Revised Code. The fire district so created shall be given a	13406
separate name by which it shall be known.	13407

Additional unincorporated territory of the township may be	13408
added to a fire district upon the board's adoption of a resolution	13409
authorizing the addition. A municipal corporation that is within	13410
or adjoining the township may be added to a fire district upon the	13411
board's adoption of a resolution authorizing the addition and the	13412
municipal legislative authority's adoption of a resolution or	13413
ordinance requesting the addition of the municipal corporation to	13414
the fire district.	13415

If the township fire district imposes a tax, additional	13416
unincorporated territory of the township or a municipal	13417
corporation that is within or adjoining the township shall become	13418
part of the fire district only after all of the following have	13419
occurred:	13420

(1) Adoption by the board of township trustees of a	13421
resolution approving the expansion of the territorial limits of	13422
the district and, if the resolution proposes to add a municipal	13423
corporation, adoption by the municipal legislative authority of a	13424
resolution or ordinance requesting the addition of the municipal	13425
corporation to the district;	13426

(2) Adoption by the board of township trustees of a	13427
resolution recommending the extension of the tax to the additional	13428
territory;	13429

(3) Approval of the tax by the electors of the territory	13430
proposed for addition to the district.	13431

Each resolution of the board adopted under division (C)(2) of	13432
this section shall state the name of the fire district, a	13433
description of the territory to be added, and the rate and	13434
termination date of the tax, which shall be the rate and	13435
termination date of the tax currently in effect in the fire	13436
district.	13437

The board of trustees shall certify each resolution adopted	13438
under division (C)(2) of this section to the board of elections in	13439
accordance with section 5705.19 of the Revised Code. The election	13440
required under division (C)(3) of this section shall be held,	13441
canvassed, and certified in the manner provided for the submission	13442
of tax levies under section 5705.25 of the Revised Code, except	13443
that the question appearing on the ballot shall read:	13444

"Shall the territory within ........................	13445
(description of the proposed territory to be added) be added to	13446
........................ (name) fire district, and a property tax	13447
at a rate of taxation not exceeding ...... (here insert tax rate)	13448
be in effect for .......... (here insert the number of years the	13449
tax is to be in effect or "a continuing period of time," as	13450
applicable)?"	13451

If the question is approved by at least a majority of the	13452
electors voting on it, the joinder shall be effective as of the	13453
first day of July of the year following approval, and on that	13454
date, the township fire district tax shall be extended to the	13455
taxable property within the territory that has been added. If the	13456
territory that has been added is a municipal corporation and if it	13457
had adopted a tax levy for fire purposes, the levy is terminated	13458
on the effective date of the joinder.	13459

Any municipal corporation may withdraw from a township fire	13460
district created under division (C) of this section by the	13461
adoption by the municipal legislative authority of a resolution or	13462
ordinance ordering withdrawal. On the first day of July of the	13463
year following the adoption of the resolution or ordinance of	13464
withdrawal, the municipal corporation withdrawing ceases to be a	13465
part of the district, and the power of the fire district to levy a	13466
tax upon taxable property in the withdrawing municipal corporation	13467
terminates, except that the fire district shall continue to levy	13468
and collect taxes for the payment of indebtedness within the	13469
territory of the fire district as it was composed at the time the	13470
indebtedness was incurred.	13471

Upon the withdrawal of any municipal corporation from a	13472
township fire district created under division (C) of this section,	13473
the county auditor shall ascertain, apportion, and order a	13474
division of the funds on hand, moneys and taxes in the process of	13475
collection except for taxes levied for the payment of	13476
indebtedness, credits, and real and personal property, either in	13477
money or in kind, on the basis of the valuation of the respective	13478
tax duplicates of the withdrawing municipal corporation and the	13479
remaining territory of the fire district.	13480

A board of township trustees may remove unincorporated	13481
territory of the township from the fire district upon the adoption	13482
of a resolution authorizing the removal. On the first day of July	13483
of the year following the adoption of the resolution, the	13484
unincorporated township territory described in the resolution	13485
ceases to be a part of the district, and the power of the fire	13486
district to levy a tax upon taxable property in that territory	13487
terminates, except that the fire district shall continue to levy	13488
and collect taxes for the payment of indebtedness within the	13489
territory of the fire district as it was composed at the time the	13490
indebtedness was incurred.	13491

(D) The board of township trustees of any township, the board	13492
of fire district trustees of a fire district created under section	13493
505.371 of the Revised Code, or the legislative authority of any	13494
municipal corporation may purchase, lease, or lease with an option	13495
to purchase the necessary fire-fighting equipment, buildings, and	13496
sites for the township, fire district, or municipal corporation	13497
and issue securities for that purpose with maximum maturities as	13498
provided in section 133.20 of the Revised Code. The board of	13499
township trustees, board of fire district trustees, or legislative	13500
authority may also construct any buildings necessary to house	13501
fire-fighting equipment and issue securities for that purpose with	13502
maximum maturities as provided in section 133.20 of the Revised	13503
Code.	13504

The board of township trustees, board of fire district	13505
trustees, or legislative authority may issue the securities of the	13506
township, fire district, or municipal corporation, signed by the	13507
board or designated officer of the municipal corporation and	13508
attested by the signature of the township fiscal officer, fire	13509
district clerk, or municipal clerk, covering any deferred payments	13510
and payable at the times provided, which securities shall bear	13511
interest not to exceed the rate determined as provided in section	13512
9.95 of the Revised Code, and shall not be subject to Chapter 133.	13513
of the Revised Code. The legislation authorizing the issuance of	13514
the securities shall provide for levying and collecting annually	13515
by taxation, amounts sufficient to pay the interest on and	13516
principal of the securities. The securities shall be offered for	13517
sale on the open market or given to the vendor or contractor if no	13518
sale is made.	13519

Section 505.40 of the Revised Code does not apply to any	13520
securities issued, or any lease with an option to purchase entered	13521
into, in accordance with this division.	13522

(E) A board of township trustees of any township or a board	13523
of fire district trustees of a fire district created under section	13524
505.371 of the Revised Code may purchase a policy or policies of	13525
liability insurance for the officers, employees, and appointees of	13526
the fire department, fire district, or joint fire district	13527
governed by the board that includes personal injury liability	13528
coverage as to the civil liability of those officers, employees,	13529
and appointees for false arrest, detention, or imprisonment,	13530
malicious prosecution, libel, slander, defamation or other	13531
violation of the right of privacy, wrongful entry or eviction, or	13532
other invasion of the right of private occupancy, arising out of	13533
the performance of their duties.	13534

When a board of township trustees cannot, by deed of gift or	13535
by purchase and upon terms it considers reasonable, procure land	13536
for a township fire station that is needed in order to respond in	13537
reasonable time to a fire or medical emergency, the board may	13538
appropriate land for that purpose under sections 163.01 to 163.22	13539
of the Revised Code. If it is necessary to acquire additional	13540
adjacent land for enlarging or improving the fire station, the	13541
board may purchase, appropriate, or accept a deed of gift for the	13542
land for these purposes.	13543

(F) As used in this division, "emergency medical service	13544
organization" has the same meaning as in section 4766.01 of the	13545
Revised Code.	13546

A board of township trustees, by adoption of an appropriate	13547
resolution, may choose to have the ~~Ohio~~state board of emergency	13548
medical and transportation ~~board~~services license any emergency	13549
medical service organization it operates. If the board adopts such	13550
a resolution, Chapter 4766. of the Revised Code, except for	13551
sections 4766.06 and 4766.99 of the Revised Code, applies to the	13552
organization. All rules adopted under the applicable sections of	13553
that chapter also apply to the organization. A board of township	13554
trustees, by adoption of an appropriate resolution, may remove its	13555
emergency medical service organization from the jurisdiction of	13556
the ~~Ohio~~state board of emergency medical and transportation ~~board~~	13557
services.	13558

Sec. 505.375. (A)(1)(a) The boards of township trustees of	13559
one or more townships and the legislative authorities of one or	13560
more municipal corporations, or the legislative authorities of two	13561
or more municipal corporations, or the boards of township trustees	13562
of two or more townships, may negotiate an agreement to form a	13563
fire and ambulance district for the delivery of both fire and	13564
ambulance services. The agreement shall be ratified by the	13565
adoption of a joint resolution by a majority of the members of	13566
each board of township trustees involved and a majority of the	13567
members of the legislative authority of each municipal corporation	13568
involved. The joint resolution shall specify a date on which the	13569
fire and ambulance district shall come into being.	13570

(b) If a joint fire district created under section 505.371 of	13571
the Revised Code or a joint ambulance district created under	13572
section 505.71 of the Revised Code is dissolved to facilitate the	13573
creation of a fire and ambulance district under division (A)(1)(a)	13574
of this section, the townships and municipal corporations forming	13575
the fire and ambulance district may transfer to the fire and	13576
ambulance district any of the funds on hand, moneys and taxes in	13577
the process of collection, credits, and real and personal property	13578
apportioned to them under division (D) of section 505.371 of the	13579
Revised Code or section 505.71 of the Revised Code, as applicable,	13580
for use by the fire and ambulance district in accordance with this	13581
section.	13582

(2)(a) The board of trustees of a joint ambulance district	13583
created under section 505.71 of the Revised Code and the board of	13584
fire district trustees of a joint fire district created under	13585
section 505.371 of the Revised Code may negotiate to combine their	13586
two joint districts into a single fire and ambulance district for	13587
the delivery of both fire and ambulance services, if the	13588
geographic area covered by the combining joint districts is	13589
exactly the same. Both boards shall adopt a joint resolution	13590
ratifying the agreement and setting a date on which the fire and	13591
ambulance district shall come into being.	13592

(b) On that date, the joint fire district and the joint	13593
ambulance district shall cease to exist, and the power of each to	13594
levy a tax upon taxable property shall terminate, except that any	13595
levy of a tax for the payment of indebtedness within the territory	13596
of the joint fire or joint ambulance district as it was composed	13597
at the time the indebtedness was incurred shall continue to be	13598
collected by the successor fire and ambulance district if the	13599
indebtedness remains unpaid. All funds and other property of the	13600
joint districts shall become the property of the fire and	13601
ambulance district, unless otherwise provided in the negotiated	13602
agreement. The agreement shall provide for the settlement of all	13603
debts and obligations of the joint districts.	13604

(B)(1) The governing body of a fire and ambulance district	13605
created under division (A)(1) or (2) of this section shall be a	13606
board of trustees of at least three but no more than nine members,	13607
appointed as provided in the agreement creating the district.	13608
Members of the board may be compensated at a rate not to exceed	13609
thirty dollars per meeting for not more than fifteen meetings per	13610
year, and may be reimbursed for all necessary expenses incurred,	13611
as provided in the agreement creating the district.	13612

(2) The board shall employ a clerk and other employees as it	13613
considers best, including a fire chief or fire prevention	13614
officers, and shall fix their compensation. Neither this section	13615
nor any other section of the Revised Code requires, or shall be	13616
construed to require, that the fire chief of a fire and ambulance	13617
district be a resident of the district.	13618

Before entering upon the duties of office, the clerk shall	13619
execute a bond, in the amount and with surety to be approved by	13620
the board, payable to the state, conditioned for the faithful	13621
performance of all of the clerk's official duties. The clerk shall	13622
deposit the bond with the presiding officer of the board, who	13623
shall file a copy of it, certified by the presiding officer, with	13624
the county auditor of the county containing the most territory in	13625
the district.	13626

The board also shall provide for the appointment of a fiscal	13627
officer for the district and may enter into agreements with	13628
volunteer fire companies for the use and operation of	13629
fire-fighting equipment. Volunteer firefighters acting under such	13630
an agreement are subject to the requirements for volunteer	13631
firefighters set forth in division (A) of section 505.38 of the	13632
Revised Code.	13633

(3) Employees of the district shall not be removed from	13634
office except as provided by sections 733.35 to 733.39 of the	13635
Revised Code, except that, to initiate removal proceedings, the	13636
board shall designate a private citizen or, if the employee is	13637
employed as a firefighter, the board may designate the fire chief,	13638
to investigate, conduct the proceedings, and prepare the necessary	13639
charges in conformity with those sections, and except that the	13640
board shall perform the functions and duties specified for the	13641
municipal legislative authority under those sections. The board	13642
may pay reasonable compensation to any private citizen hired for	13643
services rendered in the matter.	13644

(4) No person shall be appointed as a permanent full-time	13645
paid member of the district whose duties include fire fighting, or	13646
be appointed as a volunteer firefighter, unless that person has	13647
received a certificate issued under former section 3303.07 or	13648
section 4765.55 of the Revised Code evidencing satisfactory	13649
completion of a firefighter training program. The board may send	13650
its officers and firefighters to schools of instruction designed	13651
to promote the efficiency of firefighters and, if authorized in	13652
advance, may pay their necessary expenses from the funds used for	13653
the maintenance and operation of the district.	13654

The board may choose, by adoption of an appropriate	13655
resolution, to have the ~~Ohio~~state board of emergency medical and	13656
transportation ~~board~~services license any emergency medical	13657
service organization it operates. If the board adopts such a	13658
resolution, Chapter 4766. of the Revised Code, except for sections	13659
4766.06 and 4766.99 of the Revised Code, applies to the	13660
organization. All rules adopted under the applicable sections of	13661
that chapter also apply to the organization. The board may remove,	13662
by resolution, its emergency medical service organization from the	13663
jurisdiction of the ~~Ohio~~state board of emergency medical and	13664
transportation ~~board~~services.	13665

(C) The board of trustees of a fire and ambulance district	13666
created under division (A)(1) or (2) of this section may exercise	13667
the following powers:	13668

(1) Purchase or otherwise provide any fire apparatus,	13669
mechanical resuscitators, or other fire or ambulance equipment,	13670
appliances, or materials; fire hydrants; and water supply for	13671
firefighting purposes that seems advisable to the board;	13672

(2) Provide for the care and maintenance of equipment and,	13673
for that purpose, purchase, lease, lease with an option to	13674
purchase, or construct and maintain necessary buildings;	13675

(3) Establish and maintain lines of fire-alarm communications	13676
within the limits of the district;	13677

(4) Appropriate land for a fire station or medical emergency	13678
unit needed in order to respond in reasonable time to a fire or	13679
medical emergency, in accordance with Chapter 163. of the Revised	13680
Code;	13681

(5) Purchase, appropriate, or accept a deed or gift of land	13682
to enlarge or improve a fire station or medical emergency unit;	13683

(6) Purchase, lease, lease with an option to purchase,	13684
maintain, and use all materials, equipment, vehicles, buildings,	13685
and land necessary to perform its duties;	13686

(7) Contract for a period not to exceed three years with one	13687
or more townships, municipal corporations, counties, joint fire	13688
districts, joint ambulance districts, governmental agencies,	13689
nonprofit corporations, or private ambulance owners located either	13690
within or outside the state, to furnish or receive ambulance	13691
services or emergency medical services within the several	13692
territories of the contracting parties, if the contract is first	13693
authorized by all boards of trustees and legislative authorities	13694
concerned;	13695

(8) Establish reasonable charges for the use of ambulance or	13696
emergency medical services under the same conditions under which a	13697
board of fire district trustees may establish those charges under	13698
section 505.371 of the Revised Code;	13699

(9) Establish all necessary rules to guard against the	13700
occurrence of fires and to protect property and lives against	13701
damage and accidents;	13702

(10) Adopt a standard code pertaining to fire, fire hazards,	13703
and fire prevention prepared and promulgated by the state or by a	13704
public or private organization that publishes a model or standard	13705
code;	13706

(11) Provide for charges for false alarms at commercial	13707
establishments in the same manner as joint fire districts are	13708
authorized to do under section 505.391 of the Revised Code;	13709

(12) Issue bonds and other evidences of indebtedness, subject	13710
to Chapter 133. of the Revised Code, but only after approval by a	13711
vote of the electors of the district as provided by section 133.18	13712
of the Revised Code;	13713

(13) To provide the services and equipment it considers	13714
necessary, levy a sufficient tax, subject to Chapter 5705. of the	13715
Revised Code, on all the taxable property in the district.	13716

(D) Any municipal corporation or township may join an	13717
existing fire and ambulance district, whether created under	13718
division (A)(1) or (2) of this section, by its legislative	13719
authority's adoption of a resolution requesting the membership and	13720
upon approval of the board of trustees of the district. Any	13721
municipal corporation or township may withdraw from a district,	13722
whether created under division (A)(1) or (2) of this section, by	13723
its legislative authority's adoption of a resolution ordering	13724
withdrawal. Upon its withdrawal, the municipal corporation or	13725
township ceases to be a part of the district, and the district's	13726
power to levy a tax on taxable property in the withdrawing	13727
township or municipal corporation terminates, except that the	13728
district shall continue to levy and collect taxes for the payment	13729
of indebtedness within the territory of the district as it was	13730
composed at the time the indebtedness was incurred.	13731

Upon the withdrawal of any township or municipal corporation	13732
from a district, the county auditor of the county containing the	13733
most territory in the district shall ascertain, apportion, and	13734
order a division of the funds on hand, including funds in the	13735
ambulance and emergency medical services fund, moneys and taxes in	13736
the process of collection, except for taxes levied for the payment	13737
of indebtedness, credits, and real and personal property on the	13738
basis of the valuation of the respective tax duplicates of the	13739
withdrawing municipal corporation or township and the remaining	13740
territory of the district.	13741

(E) As used in this section:

13742

(1) "Governmental agency" includes all departments, boards,	13743
offices, commissions, agencies, colleges, universities,	13744
institutions, and other instrumentalities of this or another	13745
state.	13746

(2) "Emergency medical service organization" has the same	13747
meaning as in section 4766.01 of the Revised Code.	13748

Sec. 505.44. As used in this section:

13749

(A) "Emergency medical service organization" has the same	13750
meaning as in section 4765.01 of the Revised Code.	13751

(B) "State agency" means all departments, boards, offices,	13752
commissions, agencies, colleges, universities, institutions, and	13753
other instrumentalities of this or another state.	13754

In order to obtain the services of ambulance service	13755
organizations, to obtain additional services from ambulance	13756
service organizations in times of emergency, to obtain the	13757
services of emergency medical service organizations, or, if the	13758
township is located in a county with a population of forty	13759
thousand or less, to obtain the services of nonemergency patient	13760
transport service organizations, a township may enter into a	13761
contract with one or more state agencies, townships, municipal	13762
corporations, counties, nonprofit corporations, joint emergency	13763
medical services districts, fire and ambulance districts, or	13764
private ambulance owners, regardless of whether such state	13765
agencies, townships, municipal corporations, counties, nonprofit	13766
corporations, joint emergency medical services districts, fire and	13767
ambulance districts, or private ambulance owners are located	13768
within or outside the state, upon such terms as are agreed to by	13769
them, to furnish or receive services from ambulance or emergency	13770
medical service organizations or, if the township is located in a	13771
county with a population of forty thousand or less, to furnish or	13772
receive services from nonemergency patient transport service	13773
organizations, or may enter into a contract for the interchange of	13774
services from ambulance or emergency medical service organizations	13775
or, if the township is located in a county with a population of	13776
forty thousand or less, the interchange of services from	13777
nonemergency patient transport service organizations, within the	13778
several territories of the contracting parties, if the contract is	13779
first authorized by the respective boards of township trustees,	13780
the other legislative bodies, or the officer or body authorized to	13781
contract on behalf of the state agency. Such contracts shall not	13782
be entered into with a state agency or nonprofit corporation that	13783
receives more than half of its operating funds from governmental	13784
entities with the intention of directly competing with the	13785
operation of other ambulance, emergency medical, or nonemergency	13786
patient transport service organizations in the township unless the	13787
state agency or nonprofit corporation is awarded the contract	13788
after submitting the lowest and best bid to the board of township	13789
trustees.	13790

The contract may provide for compensation upon such terms as	13791
the parties may agree.	13792

Any township wishing to commence providing or wishing to	13793
enter into a contract for the first time to furnish or obtain	13794
services from nonemergency patient transport service organizations	13795
on or after March 1, 1993, including a township in which a private	13796
provider has been providing the service, shall demonstrate the	13797
need for public funding for the service to, and obtain approval	13798
from, the state board of emergency medical and transportation	13799
services or its immediate successor board prior to the	13800
establishment of a township-operated or township-funded service.	13801

Sec. 505.72. (A) The board of trustees of a joint ambulance	13802
district shall provide for the employment of such employees as it	13803
considers best, and shall fix their compensation. Such employees	13804
shall continue in office until removed as provided by sections	13805
733.35 to 733.39 of the Revised Code. To initiate removal	13806
proceedings, and for such purpose, the board shall designate a	13807
private citizen to investigate the conduct and prepare the	13808
necessary charges in conformity with sections 733.35 to 733.39 of	13809
the Revised Code. The board may pay reasonable compensation to	13810
such person for the person's services.	13811

In case of the removal of an employee of the district, an	13812
appeal may be had from the decision of the board to the court of	13813
common pleas of the county in which such district, or part of it,	13814
is situated, to determine the sufficiency of the cause of removal.	13815
Such appeal from the findings of the board shall be taken within	13816
ten days.	13817

(B) As used in this division, "emergency medical service	13818
organization" has the same meaning as in section 4765.01 of the	13819
Revised Code.	13820

(1) In order to obtain the services of ambulance service	13821
organizations, to obtain additional services from ambulance	13822
service organizations in times of emergency, or to obtain the	13823
services of emergency medical service organizations, a district	13824
may enter into a contract, for a period not to exceed three years,	13825
with one or more townships, municipal corporations, joint fire	13826
districts, nonprofit corporations, any other governmental unit	13827
that provides ambulance services or emergency medical services, or	13828
with private ambulance owners, regardless of whether such	13829
townships, municipal corporations, joint fire districts, nonprofit	13830
corporations, governmental unit, or private ambulance owners are	13831
located within or without this state, upon such terms as are	13832
agreed to, to furnish or receive services from ambulance or	13833
emergency medical service organizations or the interchange of	13834
services from ambulance or emergency medical service organizations	13835
within the several territories of the contracting subdivisions, if	13836
such contract is first authorized by all boards of trustees and	13837
legislative authorities concerned.	13838

The contract may provide for a fixed annual charge to be paid	13839
at the times agreed upon and stipulated in the contract, or for	13840
compensation based upon a stipulated price for each run, call, or	13841
emergency, or the elapsed time of service required in such run,	13842
call, or emergency, or any combination thereof.	13843

(2) Expenditures of a district for the services of ambulance	13844
service organizations or emergency medical service organizations,	13845
whether pursuant to contract or otherwise, are lawful	13846
expenditures, regardless of whether the district or the party with	13847
which it contracts charges additional fees to users of the	13848
services.	13849

(3) A district's board of trustees, by adoption of an	13850
appropriate resolution, may choose to have the ~~Ohio~~state board of	13851
emergency medical and transportation ~~board~~services license any	13852
emergency medical service organization the district operates. If a	13853
board adopts such a resolution, Chapter 4766. of the Revised Code,	13854
except for sections 4766.06 and 4766.99 of the Revised Code,	13855
applies to the district emergency medical service organization.	13856
All rules adopted under the applicable sections of that chapter	13857
also apply to the organization. A board, by adoption of an	13858
appropriate resolution, may remove the district emergency medical	13859
service organization from the jurisdiction of the ~~Ohio~~state board	13860
of emergency medical and transportation ~~board~~services.	13861

(C) Ambulance services or emergency medical services rendered	13862
for a joint ambulance district under this section and section	13863
505.71 of the Revised Code shall be deemed services of the	13864
district. These sections do not authorize suits against a district	13865
or any township or municipal corporation providing or receiving,	13866
or contracting to provide or receive, such services under these	13867
sections for damages for injury or loss to persons or property or	13868
for wrongful death caused by persons providing such services.	13869

Sec. 715.013. (A) Except as otherwise expressly authorized by	13870
the Revised Code, no municipal corporation shall levy a tax that	13871
is the same as or similar to a tax levied under Chapter 322.,	13872
3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309.,	13873
5707., 5725., 5726., 5727., 5728., 5729., 5731., 5735., 5737.,	13874
5739., 5741., 5743., or 5749. of the Revised Code.	13875

(B) This section does not prohibit a municipal corporation	13876
from levying a tax on any of the following:	13877

(1) Amounts received for admission to any place;

13878

(2) The income of an electric company or combined company, as	13879
defined in section 5727.01 of the Revised Code;	13880

(3) On and after January 1, 2004, the income of a telephone	13881
company, as defined in section 5727.01 of the Revised Code.	13882

Sec. 723.52. Before letting or making any contract for the	13883
construction, reconstruction, widening, resurfacing, or repair of	13884
a street or other public way, the director of public service in a	13885
city, or the legislative authority in a village, shall make an	13886
estimate of the cost of such work using the force account project	13887
assessment form developed by the auditor of state under section	13888
117.16 of the Revised Code. In municipal corporations having an	13889
engineer, or an officer having a different title but the duties	13890
and functions of an engineer, the estimate shall be made by the	13891
engineer or other officer. Where the total estimated cost of any	13892
such work is ~~thirty~~fifty thousand dollars or less, the proper	13893
officers may proceed by force account.	13894

Where the total estimated cost of any such work exceeds	13895
~~thirty~~fifty thousand dollars, the proper officers of the	13896
municipal corporation shall be required to invite and receive	13897
competitive bids for furnishing all the labor, materials, and	13898
equipment and doing the work, after newspaper advertisement as	13899
provided by law. The officers shall consider and may reject such	13900
bids. If the bids are rejected, the officers may order the work	13901
done by force account or direct labor. When such bids are	13902
received, considered, and rejected, and the work done by force	13903
account or direct labor, such work shall be performed in	13904
compliance with the plans and specifications upon which the bids	13905
were based. It shall be unlawful to divide a street or connecting	13906
streets into separate sections for the purpose of defeating this	13907
section and section 723.53 of the Revised Code.	13908

"Street," as used in such sections, includes portions of	13909
connecting streets on which the same or similar construction,	13910
reconstruction, widening, resurfacing, or repair is planned or	13911
projected.	13912

Sec. 723.53. Where the proper officers of any municipal	13913
corporation construct, reconstruct, widen, resurface, or repair a	13914
street or other public way by force account or direct labor, and	13915
the estimated cost of the work as defined in section 723.52 of the	13916
Revised Code exceeds ~~thirty~~fifty thousand dollars, such municipal	13917
authorities shall cause to be kept by the engineer of the	13918
municipal corporation, or other officer or employee of the	13919
municipal corporation in charge of such work, a complete and	13920
accurate account, in detail, of the cost of doing the work. The	13921
account shall include labor, materials, freight, fuel, hauling,	13922
overhead expense, workers' compensation premiums, and all other	13923
items of cost and expense, including a reasonable allowance for	13924
the use of all tools and equipment used on or in connection with	13925
such work and for the depreciation on the tools and equipment. The	13926
engineer or other officer or employee shall keep such account, and	13927
within ninety days after the completion of any such work shall	13928
prepare a detailed and itemized statement of such cost and file	13929
the statement with the officer or board vested with authority to	13930
direct the doing of the work in question. Such officer or board	13931
shall thereupon examine the statement, correct it if necessary,	13932
and file it in the office of the officer or board. Such statement	13933
shall be kept on file for not less than two years and shall be	13934
open to public inspection.	13935

This section and section 723.52 of the Revised Code do not	13936
apply to any municipal corporations having a charter form of	13937
government.	13938

Sec. 731.141. In those villages that have established the	13939
position of village administrator, as provided by section 735.271	13940
of the Revised Code, the village administrator shall make	13941
contracts, purchase supplies and materials, and provide labor for	13942
any work under the administrator's supervision involving not more	13943
than ~~twenty-five~~fifty thousand dollars. When an expenditure,	13944
other than the compensation of persons employed by the village,	13945
exceeds ~~twenty-five~~fifty thousand dollars, the expenditure shall	13946
first be authorized and directed by ordinance of the legislative	13947
authority of the village. When so authorized and directed, except	13948
where the contract is for equipment, services, materials, or	13949
supplies to be purchased under division (D) of section 713.23 or	13950
section 125.04 or 5513.01 of the Revised Code, available from a	13951
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35	13952
of the Revised Code, or required to be purchased from a qualified	13953
nonprofit agency under sections 125.60 to 125.6012 of the Revised	13954
Code, the village administrator shall make a written contract with	13955
the lowest and best bidder after advertisement for not less than	13956
two nor more than four consecutive weeks in a newspaper of general	13957
circulation within the village or as provided in section 7.16 of	13958
the Revised Code. The bids shall be opened and shall be publicly	13959
read by the village administrator or a person designated by the	13960
village administrator at the time, date, and place as specified in	13961
the advertisement to bidders or specifications. The time, date,	13962
and place of bid openings may be extended to a later date by the	13963
village administrator, provided that written or oral notice of the	13964
change shall be given to all persons who have received or	13965
requested specifications no later than ninety-six hours prior to	13966
the original time and date fixed for the opening. All contracts	13967
shall be executed in the name of the village and signed on its	13968
behalf by the village administrator and the clerk.	13969

The legislative authority of a village may provide, by	13970
ordinance, for central purchasing for all offices, departments,	13971
divisions, boards, and commissions of the village, under the	13972
direction of the village administrator, who shall make contracts,	13973
purchase supplies or materials, and provide labor for any work of	13974
the village in the manner provided by this section.	13975

Sec. 735.05. The director of public service may make any	13976
contract, purchase supplies or material, or provide labor for any	13977
work under the supervision of the department of public service	13978
involving not more than ~~twenty-five~~fifty thousand dollars. When	13979
an expenditure within the department, other than the compensation	13980
of persons employed in the department, exceeds ~~twenty-five~~fifty	13981
thousand dollars, the expenditure shall first be authorized and	13982
directed by ordinance of the city legislative authority. When so	13983
authorized and directed, except where the contract is for	13984
equipment, services, materials, or supplies to be purchased under	13985
division (D) of section 713.23 or section 125.04 or 5513.01 of the	13986
Revised Code or available from a qualified nonprofit agency	13987
pursuant to sections 4115.31 to 4115.35 of the Revised Code, the	13988
director shall make a written contract with the lowest and best	13989
bidder after advertisement for not less than two nor more than	13990
four consecutive weeks in a newspaper of general circulation	13991
within the city or as provided in section 7.16 of the Revised	13992
Code.	13993

Sec. 737.03. The director of public safety shall manage and	13994
make all contracts with reference to police stations, fire houses,	13995
reform schools, infirmaries, hospitals other than municipal	13996
hospitals operated pursuant to Chapter 749. of the Revised Code,	13997
workhouses, farms, pesthouses, and all other charitable and	13998
reformatory institutions. In the control and supervision of those	13999
institutions, the director shall be governed by the provisions of	14000
Title VII of the Revised Code relating to those institutions.	14001

The director may make all contracts and expenditures of money	14002
for acquiring lands for the erection or repairing of station	14003
houses, police stations, fire department buildings, fire cisterns,	14004
and plugs, that are required, for the purchase of engines,	14005
apparatus, and all other supplies necessary for the police and	14006
fire departments, and for other undertakings and departments under	14007
the director's supervision, but no obligation involving an	14008
expenditure of more than ~~twenty-five~~fifty thousand dollars shall	14009
be created unless first authorized and directed by ordinance. In	14010
making, altering, or modifying those contracts, the director shall	14011
be governed by sections 735.05 to 735.09 of the Revised Code,	14012
except that all bids shall be filed with and opened by the	14013
director. The director shall make no sale or disposition of any	14014
property belonging to the city without first being authorized by	14015
resolution or ordinance of the city legislative authority.	14016

Sec. 742.114. (A) As used in this section and in section	14017
742.116 of the Revised Code:	14018

(1) "Agent" means a dealer, as defined in section 1707.01 of	14019
the Revised Code, who is licensed under sections 1707.01 to	14020
1707.45 of the Revised Code or under comparable laws of another	14021
state or of the United States.	14022

(2) "Minority business enterprise" has the same meaning as in	14023
section 122.71 of the Revised Code.	14024

(3) "Ohio-qualified agent" means an agent designated as such	14025
by the board of trustees of the fund.	14026

(4) "Ohio-qualified investment manager" means an investment	14027
manager designated as such by the board of trustees of the fund.	14028

(5) "Principal place of business" means an office in which	14029
the agent regularly provides securities or investment advisory	14030
services and solicits, meets with, or otherwise communicates with	14031
clients.	14032

(B) The board of trustees of the fund shall, for the purposes	14033
of this section, designate an agent as an Ohio-qualified agent if	14034
the agent meets all of the following requirements:	14035

(1) The agent is subject to taxation under Chapter 5725.,	14036
5726., 5733., or 5747. of the Revised Code;	14037

(2) The agent is authorized to conduct business in this	14038
state;	14039

(3) The agent maintains a principal place of business in this	14040
state and employs at least five residents of this state.	14041

(C) The board shall adopt and implement a written policy to	14042
establish criteria and procedures used to select agents to execute	14043
securities transactions on behalf of the retirement system. The	14044
policy shall address each of the following:	14045

(1) Commissions charged by the agent, both in the aggregate	14046
and on a per share basis;	14047

(2) The execution speed and trade settlement capabilities of	14048
the agent;	14049

(3) The responsiveness, reliability, and integrity of the	14050
agent;	14051

(4) The nature and value of research provided by the agent;

14052

(5) Any special capabilities of the agent.

14053

(D)(1) The board shall, at least annually, establish a policy	14054
with the goal to increase utilization by the board of	14055
Ohio-qualified agents for the execution of domestic equity and	14056
fixed-income trades on behalf of the retirement system, when an	14057
Ohio-qualified agent offers quality, services, and safety	14058
comparable to other agents otherwise available to the board and	14059
meets the criteria established under division (C) of this section.	14060

(2) The board shall review, at least annually, the	14061
performance of the agents that execute securities transactions on	14062
behalf of the board.	14063

(3) The board shall determine whether an agent is an	14064
Ohio-qualified agent, meets the criteria established by the board	14065
pursuant to division (C) of this section, and offers quality,	14066
services, and safety comparable to other agents otherwise	14067
available to the board. The board's determination shall be final.	14068

(E) The board shall, at least annually, submit to the Ohio	14069
retirement study council a report containing the following	14070
information:	14071

(1) The name of each agent designated as an Ohio-qualified	14072
agent under this section;	14073

(2) The name of each agent that executes securities	14074
transactions on behalf of the board;	14075

(3) The amount of equity and fixed-income trades that are	14076
executed by Ohio-qualified agents, expressed as a percentage of	14077
all equity and fixed-income trades that are executed by agents on	14078
behalf of the board;	14079

(4) The compensation paid to Ohio-qualified agents, expressed	14080
as a percentage of total compensation paid to all agents that	14081
execute securities transactions on behalf of the board;	14082

(5) The amount of equity and fixed-income trades that are	14083
executed by agents that are minority business enterprises,	14084
expressed as a percentage of all equity and fixed-income trades	14085
that are executed by agents on behalf of the board;	14086

(6) Any other information requested by the Ohio retirement	14087
study council regarding the board's use of agents.	14088

Sec. 742.116. (A) The board of trustees of the pension fund	14089
shall, for the purposes of this section, designate an investment	14090
manager as an Ohio-qualified investment manager if the investment	14091
manager meets all of the following requirements:	14092

(1) The investment manager is subject to taxation under	14093
Chapter 5725., 5726., 5733., or 5747. of the Revised Code;	14094

(2) The investment manager meets one of the following	14095
requirements:	14096

(a) Has its corporate headquarters or principal place of	14097
business in this state;	14098

(b) Employs at least five hundred individuals in this state;

14099

(c) Has a principal place of business in this state and	14100
employs at least 20 residents of this state.	14101

(B)(1) The board shall, at least annually, establish a policy	14102
with the goal to increase utilization by the board of	14103
Ohio-qualified investment managers, when an Ohio-qualified	14104
investment manager offers quality, services, and safety comparable	14105
to other investment managers otherwise available to the board. The	14106
policy shall also provide for the following:	14107

(a) A process whereby the board can develop a list of	14108
Ohio-qualified investment managers and their investment products;	14109

(b) A process whereby the board can give public notice to	14110
Ohio-qualified investment managers of the board's search for an	14111
investment manager that includes the board's search criteria.	14112

(2) The board shall determine whether an investment manager	14113
is an Ohio-qualified investment manager and whether the investment	14114
manager offers quality, services, and safety comparable to other	14115
investment managers otherwise available to the board. The board's	14116
determination shall be final.	14117

(C) The board shall, at least annually, submit to the Ohio	14118
retirement study council a report containing the following	14119
information:	14120

(1) The name of each investment manager designated as an	14121
Ohio-qualified investment manager under this section;	14122

(2) The name of each investment manager with which the board	14123
contracts;	14124

(3) The amount of assets managed by Ohio-qualified investment	14125
managers, expressed as a percentage of the total assets held by	14126
the retirement system and as a percentage of assets managed by	14127
investment managers with which the board has contracted;	14128

(4) The compensation paid to Ohio-qualified investment	14129
managers, expressed as a percentage of total compensation paid to	14130
all investment managers with which the board has contracted;	14131

(5) Any other information requested by the Ohio retirement	14132
study council regarding the board's use of investment managers.	14133

Sec. 749.26. The board of hospital trustees, before entering	14134
into any contract for the erection of a hospital building, or for	14135
the rebuilding or repair of a hospital building, the cost of which	14136
exceeds ~~ten~~fifty thousand dollars, shall have plans,	14137
specifications, detailed drawings, and forms of bids prepared, and	14138
when adopted by the board it shall have them printed for	14139
distribution among the bidders.	14140

Sec. 749.28. The board of hospital trustees shall not enter	14141
into a contract for work or supplies where the estimated cost	14142
exceeds ~~ten~~fifty thousand dollars, without first giving thirty	14143
days' notice in one newspaper of general circulation in the	14144
municipal corporation that sealed proposals will be received for	14145
doing the work or furnishing the materials and supplies.	14146

Sec. 749.31. Except where the contract is for equipment,	14147
services, materials, or supplies available from a qualified	14148
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	14149
Revised Code, the board of hospital trustees shall enter into a	14150
contract for work or supplies where the estimated cost exceeds ~~ten~~	14151
fifty thousand dollars with the lowest and best bidder. Where the	14152
contract is for other than the construction, demolition,	14153
alteration, repair, or reconstruction of an improvement, the board	14154
shall enter into the contract when the bidder gives bond to the	14155
board, with such security as the board approves, that hethe	14156
bidder will perform the work and furnish materials or supplies in	14157
accordance with the contract. On the failure of such bidder within	14158
a reasonable time, to be fixed by the board, to enter into bond	14159
with such security, a contract may be made with the next lowest	14160
and best bidder, and so on until a contract is effected by a	14161
contractor giving such bond. The board may reject any bid.	14162

Sec. 753.15. (A) Except as provided in division (B) of this	14163
section, in a city, a workhouse erected for the joint use of the	14164
city and the county in which such city is located shall be managed	14165
and controlled by a joint board composed of the board of county	14166
commissioners and the board of control of the city, and in a	14167
village by the board of county commissioners and the board of	14168
trustees of public affairs. Such joint board shall have all the	14169
powers and duties in the management, control, and maintenance of	14170
such workhouse as are conferred upon the director of public safety	14171
in cities, and in addition thereto it may construct sewers for	14172
such workhouse and pay therefor from funds raised by taxation for	14173
the maintenance of such institution.	14174

The joint board may lease or purchase suitable property and	14175
buildings for a workhouse, or real estate for the purpose of	14176
erecting and maintaining a workhouse thereon, but it shall not	14177
expend more than ~~ten~~fifty thousand dollars for any such purpose	14178
unless such amount is approved by a majority of the voters of the	14179
county, exclusive of the municipal corporation, voting at a	14180
general election.	14181

(B) In lieu of forming a joint board to manage and control a	14182
workhouse erected for the joint use of the city and the county in	14183
which the city is located, the board of county commissioners and	14184
the legislative authority of the city may enter into a contract	14185
for the private operation and management of the workhouse as	14186
provided in section 9.06 of the Revised Code, but only if the	14187
workhouse is used solely for misdemeanant inmates. In order to	14188
enter into a contract under section 9.06 of the Revised Code, both	14189
the board and the legislative authority shall approve and be	14190
parties to the contract.	14191

Sec. 755.29. The board of park trustees, before entering	14192
into any contract for the performance of any work, the cost of	14193
which exceeds ~~twenty-five~~fifty thousand dollars, shall cause	14194
plans and specifications and forms of bids to be prepared, and	14195
when adopted by the board, shall have them printed for	14196
distribution among bidders.	14197

Sec. 755.30. The board of park trustees shall not enter into	14198
any contract for work or supplies, where the estimated cost	14199
thereof exceeds ~~ten~~fifty thousand dollars, without first giving	14200
thirty days' notice in one newspaper of general circulation in the	14201
municipal corporation that sealed proposals may be received for	14202
doing the work or furnishing such materials and supplies.	14203

Sec. 901.54. ~~(A)~~ There is hereby created the office of	14204
farmland preservation within the department of agriculture. The	14205
office shall do all of the following:	14206

~~(1)~~(A) Prepare guidelines and criteria for use in the	14207
development of comprehensive local land use plans that encourage	14208
the efficient use of public infrastructure and the preservation of	14209
farmland;	14210

~~(2)~~(B) Establish a farmland preservation program to	14211
coordinate and assist local farmland preservation initiatives;	14212

~~(3) Administer the pilot farmland preservation fund~~	14213
~~established in division (B) of this section;~~	14214

~~(4)~~(C) Educate existing agencies and organizations on the	14215
importance of farmland preservation and on the significance of	14216
agriculture and agribusiness to this state's economy;	14217

~~(5)~~(D) Serve as a liaison with other farmland preservation	14218
entities operating on a state, regional, or national level;	14219

~~(6)~~(E) Prepare an inventory of farmland within this state to	14220
monitor the development of lands within this state having prime	14221
soils or unique microclimates.	14222

~~(B) There is hereby created in the state treasury the pilot~~	14223
~~farmland preservation fund consisting of moneys received by the~~	14224
~~office of farmland preservation for the purposes of the fund. The~~	14225
~~fund shall be administered by the office of farmland preservation.~~	14226
~~Moneys in the fund shall be used to leverage or match other~~	14227
~~farmland preservation funds provided from federal, local, or~~	14228
~~private sources.~~	14229

Sec. 955.16. (A) Dogs that have been seized by the county	14231
dog warden and impounded shall be kept, housed, and fed for three	14232
days for the purpose of redemption, as provided by section 955.18	14233
of the Revised Code, unless any of the following applies:	14234

(1) Immediate humane destruction of the dog is necessary	14235
because of obvious disease or injury. If the diseased or injured	14236
dog is registered, as determined from the current year's	14237
registration list maintained by the warden and the county auditor	14238
of the county where the dog is registered, the necessity of	14239
destroying the dog shall be certified by a licensed veterinarian	14240
or a registered veterinary technician. If the dog is not	14241
registered, the decision to destroy it shall be made by the	14242
warden.	14243

(2) The dog is currently registered on the registration list	14244
maintained by the warden and the auditor of the county where the	14245
dog is registered and the attempts to notify the owner, keeper, or	14246
harborer under section 955.12 of the Revised Code have failed, in	14247
which case the dog shall be kept, housed, and fed for fourteen	14248
days for the purpose of redemption.	14249

(3) The warden has contacted the owner, keeper, or harborer	14250
under section 955.12 of the Revised Code, and the owner, keeper,	14251
or harborer has requested that the dog remain in the pound or	14252
animal shelter until the owner, harborer, or keeper redeems the	14253
dog. The time for such redemption shall be not more than	14254
forty-eight hours following the end of the appropriate redemption	14255
period.	14256

At any time after such periods of redemption, any dog not	14257
redeemed shall be donated to any nonprofit special agency that is	14258
engaged in the training of any type of assistance dogs and that	14259
requests that the dog be donated to it. Any dog not redeemed that	14260
is not requested by such an agency may be sold, except that no dog	14261
sold to a person other than a nonprofit teaching or research	14262
institution or organization of the type described in division (B)	14263
of this section shall be discharged from the pound or animal	14264
shelter until the animal has been registered and furnished with a	14265
valid registration tag.	14266

(B) Any dog that is not redeemed within the applicable period	14267
as specified in this section or section 955.12 of the Revised Code	14268
from the time notice is mailed to its owner, keeper, or harborer	14269
or is posted at the pound or animal shelter, as required by	14270
section 955.12 of the Revised Code, and that is not required to be	14271
donated to a nonprofit special agency engaged in the training of	14272
any type of assistance dogs may, upon payment to the dog warden or	14273
poundkeeper of the sum of three dollars, be sold to any nonprofit	14274
Ohio institution or organization that is certified by the ~~Ohio~~	14275
~~public~~director of health ~~council~~ as being engaged in teaching or	14276
research concerning the prevention and treatment of diseases of	14277
human beings or animals. Any dog that is donated to a nonprofit	14278
special agency engaged in the training of any type of assistance	14279
dogs in accordance with division (A) of this section and any dog	14280
that is sold to any nonprofit teaching or research institution or	14281
organization shall be discharged from the pound or animal shelter	14282
without registration and may be kept by the agency or by the	14283
institution or organization without registration so long as the	14284
dog is being trained, or is being used for teaching and research	14285
purposes.	14286

Any institution or organization certified by the ~~Ohio public~~	14287
~~health council~~director that obtains dogs for teaching and	14288
research purposes pursuant to this section shall, at all	14289
reasonable times, make the dogs available for inspection by agents	14290
of the Ohio humane society, appointed pursuant to section 1717.04	14291
of the Revised Code, and agents of county humane societies,	14292
appointed pursuant to section 1717.06 of the Revised Code, in	14293
order that the agents may prevent the perpetration of any act of	14294
cruelty, as defined in section 1717.01 of the Revised Code, to the	14295
dogs.	14296

(C) Any dog that the dog warden or poundkeeper is unable to	14297
dispose of, in the manner provided by this section and section	14298
955.18 of the Revised Code, may be humanely destroyed, except that	14299
no dog shall be destroyed until twenty-four hours after it has	14300
been offered to a nonprofit teaching or research institution or	14301
organization, as provided in this section, that has made a request	14302
for dogs to the dog warden or poundkeeper.	14303

(D) An owner of a dog that is wearing a valid registration	14304
tag who presents the dog to the dog warden or poundkeeper may	14305
specify in writing that the dog shall not be offered to a	14306
nonprofit teaching or research institution or organization, as	14307
provided in this section.	14308

(E) A record of all dogs impounded, the disposition of the	14309
same, the owner's name and address, if known, and a statement of	14310
costs assessed against the dogs shall be kept by the poundkeeper,	14311
and the poundkeeper shall furnish a transcript thereof to the	14312
county treasurer quarterly.	14313

A record of all dogs received and the source that supplied	14314
them shall be kept, for a period of three years from the date of	14315
acquiring the dogs, by all institutions or organizations engaged	14316
in teaching or research concerning the prevention and treatment of	14317
diseases of human beings or animals.	14318

(F) No person shall destroy any dog by the use of a high	14319
altitude decompression chamber or by any method other than a	14320
method that immediately and painlessly renders the dog initially	14321
unconscious and subsequently dead.	14322

Sec. 955.26. Whenever, in the judgment of the director of	14323
health, any city or general health district board of health, or	14324
persons performing the duties of a board of health, rabies is	14325
prevalent, the director of health, the board, or those persons	14326
shall declare a quarantine of all dogs in the health district or	14327
in a part of it. During the quarantine, the owner, keeper, or	14328
harborer of any dog shall keep it confined on the premises of the	14329
owner, keeper, or harborer, or in a suitable pound or kennel, at	14330
the expense of the owner, keeper, or harborer, except that a dog	14331
may be permitted to leave the premises of its owner, keeper, or	14332
harborer if it is under leash or under the control of a	14333
responsible person. The quarantine order shall be considered an	14334
emergency and need not be published.	14335

When the quarantine has been declared, the director of	14336
health, the board, or those persons may require vaccination for	14337
rabies of all dogs within the health district or part of it. Proof	14338
of rabies vaccination within a satisfactory period shall be	14339
demonstrated to the county auditor before any registration is	14340
issued under section 955.01 of the Revised Code for any dog that	14341
is required to be vaccinated.	14342

The ~~public health council~~director shall determine	14343
appropriate methods of rabies vaccination and satisfactory periods	14344
for purposes of quarantines under this section.	14345

When a quarantine of dogs has been declared in any health	14346
district or part of a health district, the county dog warden and	14347
all other persons having the authority of police officers shall	14348
assist the health authorities in enforcing the quarantine order.	14349
When rabies vaccination has been declared compulsory in any health	14350
district or part of a health district, the dog warden shall assist	14351
the health authorities in enforcing the vaccination order.	14352

Notwithstanding the provisions of this section, a city or	14353
general health district board of health may make orders pursuant	14354
to sections 3709.20 and 3709.21 of the Revised Code requiring the	14355
vaccination of dogs.	14356

Sec. 991.02. (A) There is hereby created the Ohio	14357
expositions commission, which shall consist of the following	14358
~~thirteen~~fourteen members: nine members appointed by the governor	14359
with the advice and consent of the senate; the director of	14360
development, the director of natural resources, and the director	14361
of agriculture, or their designated representatives, who shall be	14362
ex officio members with voting rights of ~~such~~the commission; and	14363
the ~~chairman~~chairperson of the standing committee in the house of	14364
representatives to which matters dealing with agriculture are	14365
generally referred and the ~~chairman~~chairperson of the standing	14366
committee in the senate to which matters dealing with agriculture	14367
are generally referred, who shall be nonvoting members. If the	14368
senate is not in session, recess appointments shall be made by the	14369
governor.	14370

(B) Of the nine members of the commission appointed by the	14371
governor, not more than five shall be from one political party, at	14372
least three members shall receive the major portion of their	14373
income from farming, and at least one member shall, at the time of	14374
~~his~~ appointment, be a member of the board of directors of an	14375
agricultural society ~~which~~that was organized in compliance with	14376
section 1711.01 or 1711.02 of the Revised Code. Terms of office	14377
shall be for six years, commencing on the second day of December	14378
and ending on the first day of December. Each member shall hold	14379
office from the date of ~~his~~ appointment until the end of the term	14380
for which hethe member was appointed. Any member appointed to	14381
fill a vacancy occurring prior to the expiration of the term for	14382
which ~~his~~the member's predecessor was appointed shall hold office	14383
for the remainder of ~~such~~that term. Any member shall continue in	14384
office subsequent to the expiration date of ~~his~~the member's term	14385
until ~~his~~the member's successor takes office, or until a period	14386
of sixty days has elapsed, whichever occurs first.	14387

The term of each nonvoting, legislative member of the	14388
commission shall be for two years or until the end of the member's	14389
legislative term, whichever occurs first.	14390

(C) The commission shall annually, during the month of	14391
December, select from among its members a ~~chairman~~chairperson, a	14392
~~vice-chairman~~vice-chairperson, who in the absence of the ~~chairman~~	14393
chairperson shall carry out ~~his~~the chairperson's duties, and a	14394
secretary, who may be a member or employee of the commission, to	14395
record the minutes of its meetings and to carry out such other	14396
duties as may be assigned by the commission, its ~~chairman~~	14397
chairperson, or ~~vice-chairman~~its vice-chairperson.	14398

(D) The director of agriculture, the director of natural	14399
resources, and the director of development, or their designated	14400
representatives, and the two legislators appointed to the	14401
commission, as members of the commission shall serve without	14402
compensation.	14403

(E) Each of the members of the commission appointed by the	14404
governor shall be paid the rate established pursuant to division	14405
(J) of section 124.15 of the Revised Code. All members of the	14406
commission are entitled to their actual and necessary expenses	14407
incurred in the performance of their duties as such members,	14408
payable from the appropriations for the commission.	14409

(F) The commission shall hold at least one regular meeting in	14410
each quarter of each calendar year, and shall keep a record of its	14411
proceedings, which shall be open to the public for inspection.	14412
Special meetings may be called by the ~~chairman~~chairperson and	14413
shall be called by ~~him~~the chairperson upon receipt of a written	14414
request therefor signed by two or more members of the commission.	14415
Written notice of the time and place of each meeting shall be sent	14416
to each member of the commission. Six of the voting members of the	14417
commission shall constitute a quorum.	14418

(G) The commission shall employ and prescribe the powers and	14419
duties of a general manager who shall serve in the unclassified	14420
civil service at a salary fixed pursuant to section 124.14 of the	14421
Revised Code. The general manager may employ such assistant	14422
managers as hethe general manager and the commission may approve.	14423
At no time shall such assistant managers exceed four in number,	14424
one of whom shall be appointed in the classified civil service.	14425
The general manager may, subject to the approval of the	14426
commission, employ a fiscal officer and such other officers,	14427
employees, and consultants with such powers and duties as are	14428
necessary to carry out ~~sections 991.01 to 991.07 of the Revised~~	14429
~~Code~~this chapter. With the approval of the commission and in	14430
order to implement this chapter, the general manager may employ	14431
and fix the compensation of seasonal employees; these employees	14432
shall be in the unclassified civil service, and the overtime pay	14433
requirements of section 124.18 of the Revised Code do not apply to	14434
them. The general manager shall be considered the appointing	14435
authority of the commission for purposes of Chapter 124. of the	14436
Revised Code.	14437

(H) The governor may remove any appointed voting member of	14438
the commission at any time for inefficiency, neglect of duty, or	14439
malfeasance in office.	14440

Sec. 1121.23. Whenever the approval of the superintendent of	14441
financial institutions is required under Chapters 1101. to 1127.	14442
of the Revised Code, or under an order or supervisory action	14443
issued or taken under those chapters, for a person to serve as an	14444
organizer, incorporator, director, executive officer, or	14445
controlling shareholder of a bank, or to otherwise have a	14446
substantial interest in or participate in the management of a	14447
bank, the superintendent shall request the superintendent of the	14448
bureau of criminal identification and investigation, or a vendor	14449
approved by the bureau, to conduct a criminal records check based	14450
on the person's fingerprints in accordance with ~~division (A)(14)~~	14451
of section 109.572 of the Revised Code. The superintendent of	14452
financial institutions shall request that criminal record	14453
information from the federal bureau of investigation be obtained	14454
as part of the criminal records check. Any fee required under	14455
division (C)(3) of section 109.572 of the Revised Code shall be	14456
paid by the person who is the subject of the request.	14457

Sec. 1155.03. Whenever the approval of the superintendent of	14458
financial institutions is required under Chapters 1151. to 1157.	14459
of the Revised Code, or under an order or supervisory action	14460
issued or taken under those chapters, for a person to serve as an	14461
organizer, incorporator, director, executive officer, or	14462
controlling person of a savings and loan association, or to	14463
otherwise have a substantial interest in or participate in the	14464
management of a savings and loan association, the superintendent	14465
shall request the superintendent of the bureau of criminal	14466
identification and investigation, or a vendor approved by the	14467
bureau, to conduct a criminal records check based on the person's	14468
fingerprints in accordance with ~~division (A)(14) of~~ section	14469
109.572 of the Revised Code. The superintendent of financial	14470
institutions shall request that criminal record information from	14471
the federal bureau of investigation be obtained as part of the	14472
criminal records check. Any fee required under division (C)(3) of	14473
section 109.572 of the Revised Code shall be paid by the person	14474
who is the subject of the request.	14475

Sec. 1163.05. Whenever the approval of the superintendent of	14476
financial institutions is required under Chapters 1161. to 1165.	14477
of the Revised Code, or under an order or supervisory action	14478
issued or taken under those chapters, for a person to serve as an	14479
organizer, incorporator, director, executive officer, or	14480
controlling person of a savings bank, or to otherwise have a	14481
substantial interest in or participate in the management of a	14482
savings bank, the superintendent shall request the superintendent	14483
of the bureau of criminal identification and investigation, or a	14484
vendor approved by the bureau, to conduct a criminal records check	14485
based on the person's fingerprints in accordance with ~~division~~	14486
~~(A)(14) of~~ section 109.572 of the Revised Code. The superintendent	14487
of financial institutions shall request that criminal record	14488
information from the federal bureau of investigation be obtained	14489
as part of the criminal records check. Any fee required under	14490
division (C)(3) of section 109.572 of the Revised Code shall be	14491
paid by the person who is the subject of the request.	14492

Sec. 1315.141. Whenever the approval of the superintendent of	14493
financial institutions is required under sections 1315.01 to	14494
1315.18 of the Revised Code, or under an order or supervisory	14495
action issued or taken under those sections, for a person to serve	14496
as an organizer, incorporator, director, executive officer, or	14497
controlling person of a licensee, or to otherwise have a	14498
substantial interest in or participate in the management of a	14499
licensee, the superintendent shall request the superintendent of	14500
the bureau of criminal identification and investigation, or a	14501
vendor approved by the bureau, to conduct a criminal records check	14502
based on the person's fingerprints in accordance with ~~division~~	14503
~~(A)(14) of~~ section 109.572 of the Revised Code. The superintendent	14504
of financial institutions shall request that criminal record	14505
information from the federal bureau of investigation be obtained	14506
as part of the criminal records check. Any fee required under	14507
division (C)(3) of section 109.572 of the Revised Code shall be	14508
paid by the person who is the subject of the request.	14509

Sec. 1321.37. (A) Application for an original or renewal	14510
license to make short-term loans shall be in writing, under oath,	14511
and in the form prescribed by the superintendent of financial	14512
institutions, and shall contain the name and address of the	14513
applicant, the location where the business of making loans is to	14514
be conducted, and any further information as the superintendent	14515
requires. At the time of making an application for an original	14516
license, the applicant shall pay to the superintendent a	14517
nonrefundable investigation fee of two hundred dollars. No	14518
investigation fee or any portion thereof shall be refunded after	14519
an original license has been issued. The application for an	14520
original or renewal license shall be accompanied by an original or	14521
renewal license fee, for each business location of one thousand	14522
dollars, except that applications for original licenses issued on	14523
or after the first day of July for any year shall be accompanied	14524
by an original license fee of five hundred dollars, and except	14525
that an application for an original or renewal license, for a	14526
nonprofit corporation that is incorporated under Chapter 1702. of	14527
the Revised Code, shall be accompanied by an original or renewal	14528
license fee, for each business location, that is one-half of the	14529
fee otherwise required. All fees paid to the superintendent	14530
pursuant to this division shall be deposited into the state	14531
treasury to the credit of the consumer finance fund.	14532

(B) Upon the filing of an application for an original license	14533
and, with respect to an application filed for a renewal license,	14534
on a schedule determined by the superintendent by rule adopted	14535
pursuant to section 1321.43 of the Revised Code, and the payment	14536
of fees in accordance with division (A) of this section, the	14537
superintendent shall investigate the facts concerning the	14538
applicant and the requirements provided by this division. The	14539
superintendent shall request the superintendent of the bureau of	14540
criminal identification and investigation, or a vendor approved by	14541
the bureau, to conduct a criminal records check based on the	14542
applicant's fingerprints in accordance with ~~division (A)(12) of~~	14543
section 109.572 of the Revised Code. Notwithstanding division (K)	14544
of section 121.08 of the Revised Code, the superintendent of	14545
financial institutions shall request that criminal record	14546
information from the federal bureau of investigation be obtained	14547
as part of the criminal records check. The superintendent of	14548
financial institutions shall conduct a civil records check. The	14549
superintendent shall approve an application and issue an original	14550
or renewal license to the applicant if the superintendent finds	14551
all of the following:	14552

(1) The financial responsibility, experience, reputation, and	14553
general fitness of the applicant are such as to warrant the belief	14554
that the business of making loans will be operated lawfully,	14555
honestly, and fairly under sections 1321.35 to 1321.48 of the	14556
Revised Code and within the purposes of those sections; that the	14557
applicant has fully complied with those sections and any rule or	14558
order adopted or issued pursuant to section 1321.43 of the Revised	14559
Code; and that the applicant is qualified to engage in the	14560
business of making loans under sections 1321.35 to 1321.48 of the	14561
Revised Code.	14562

(2) The applicant is financially sound and has a net worth of	14563
not less than one hundred thousand dollars, or in the case of a	14564
nonprofit corporation that is incorporated under Chapter 1702. of	14565
the Revised Code, a net worth of not less than fifty thousand	14566
dollars. The applicant's net worth shall be computed according to	14567
generally accepted accounting principles.	14568

(3) The applicant has never had revoked a license to make	14569
loans under sections 1321.35 to 1321.48 of the Revised Code, under	14570
former sections 1315.35 to 1315.44 of the Revised Code, or to do	14571
business under sections 1315.21 to 1315.30 of the Revised Code.	14572

(4) Neither the applicant nor any senior officer, or partner	14573
of the applicant, has pleaded guilty to or been convicted of any	14574
criminal offense involving theft, receiving stolen property,	14575
embezzlement, forgery, fraud, passing bad checks, money	14576
laundering, or drug trafficking, or any criminal offense involving	14577
money or securities or any violation of an existing or former law	14578
of this state, any other state, or the United States that	14579
substantially is equivalent to a criminal offense described in	14580
that division. However, if the applicant or any of those other	14581
persons has pleaded guilty to or been convicted of any such	14582
offense other than theft, the superintendent shall not consider	14583
the offense if the applicant has proven to the superintendent, by	14584
a preponderance of the evidence, that the applicant's or other	14585
person's activities and employment record since the conviction	14586
show that the applicant or other person is honest, truthful, and	14587
of good reputation, and there is no basis in fact for believing	14588
that the applicant or other person will commit such an offense	14589
again.	14590

(5) Neither the applicant nor any senior officer, or partner	14591
of the applicant, has been subject to any adverse judgment for	14592
conversion, embezzlement, misappropriation of funds, fraud,	14593
misfeasance or malfeasance, or breach of fiduciary duty, or if the	14594
applicant or any of those other persons has been subject to such a	14595
judgment, the applicant has proven to the superintendent, by a	14596
preponderance of the evidence, that the applicant's or other	14597
person's activities and employment record since the judgment show	14598
that the applicant or other person is honest, truthful, and of	14599
good reputation, and there is no basis in fact for believing that	14600
the applicant or other person will be subject to such a judgment	14601
again.	14602

(C) If the superintendent finds that the applicant does not	14603
meet the requirements of division (B) of this section, or the	14604
superintendent finds that the applicant knowingly or repeatedly	14605
contracts with or employs persons to directly engage in lending	14606
activities who have been convicted of a felony crime listed in	14607
division (B)(5) of this section, the superintendent shall issue an	14608
order denying the application for an original or renewal license	14609
and giving the applicant an opportunity for a hearing on the	14610
denial in accordance with Chapter 119. of the Revised Code. The	14611
superintendent shall notify the applicant of the denial, the	14612
grounds for the denial, and the applicant's opportunity for a	14613
hearing. If the application is denied, the superintendent shall	14614
return the annual license fee but shall retain the investigation	14615
fee.	14616

(D) No person licensed under sections 1321.35 to 1321.48 of	14617
the Revised Code shall conduct business in this state unless the	14618
licensee has obtained and maintains in effect at all times a	14619
corporate surety bond issued by a bonding company or insurance	14620
company authorized to do business in this state. The bond shall be	14621
in favor of the superintendent and in the penal sum of at least	14622
one hundred thousand dollars, or in the case of a nonprofit	14623
corporation that is incorporated under Chapter 1702. of the	14624
Revised Code, in the amount of fifty thousand dollars. The term of	14625
the bond shall coincide with the term of the license. The licensee	14626
shall file a copy of the bond with the superintendent. The bond	14627
shall be for the exclusive benefit of any borrower injured by a	14628
violation by a licensee or any employee of a licensee, of any	14629
provision of sections 1321.35 to 1321.48 of the Revised Code.	14630

Sec. 1321.53. (A)(1) An application for a certificate of	14631
registration under sections 1321.51 to 1321.60 of the Revised Code	14632
shall contain an undertaking by the applicant to abide by those	14633
sections. The application shall be in writing, under oath, and in	14634
the form prescribed by the division of financial institutions, and	14635
shall contain any information that the division may require.	14636
Applicants that are foreign corporations shall obtain and maintain	14637
a license pursuant to Chapter 1703. of the Revised Code before a	14638
certificate is issued or renewed.	14639

(2) Upon the filing of the application and the payment by the	14640
applicant of a nonrefundable two-hundred-dollar investigation fee,	14641
a nonrefundable three-hundred-dollar annual registration fee, and	14642
any additional fee required by the nationwide mortgage licensing	14643
system and registry, the division shall investigate the relevant	14644
facts. If the application involves investigation outside this	14645
state, the applicant may be required by the division to advance	14646
sufficient funds to pay any of the actual expenses of such	14647
investigation, when it appears that these expenses will exceed two	14648
hundred dollars. An itemized statement of any of these expenses	14649
which the applicant is required to pay shall be furnished to the	14650
applicant by the division. No certificate shall be issued unless	14651
all the required fees have been submitted to the division.	14652

(3) All applicants making loans secured by an interest in	14653
real estate shall designate an employee or owner of the applicant	14654
as the applicant's primary point of contact. While acting as the	14655
primary point of contact, the employee or owner shall not be	14656
employed by any other registrant or mortgage broker.	14657

(4) The investigation undertaken upon application shall	14658
include both a civil and criminal records check of the applicant	14659
including any individual whose identity is required to be	14660
disclosed in the application. Where the applicant is a business	14661
entity the superintendent shall have the authority to require a	14662
civil and criminal background check of those persons that in the	14663
determination of the superintendent have the authority to direct	14664
and control the operations of the applicant.	14665

(5)(a) Notwithstanding division (K) of section 121.08 of the	14666
Revised Code, the superintendent of financial institutions shall	14667
obtain a criminal history records check and, as part of that	14668
records check, request that criminal record information from the	14669
federal bureau of investigation be obtained. To fulfill this	14670
requirement, the superintendent shall do either of the following:	14671

(i) Request the superintendent of the bureau of criminal	14672
identification and investigation, or a vendor approved by the	14673
bureau, to conduct a criminal records check based on the	14674
applicant's fingerprints or, if the fingerprints are unreadable,	14675
based on the applicant's social security number, in accordance	14676
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	14677

(ii) Authorize the nationwide mortgage licensing system and	14678
registry to request a criminal history background check as set	14679
forth in division (C) of section 1321.531 of the Revised Code.	14680

(b) Any fee required under division (C)(3) of section 109.572	14681
of the Revised Code or by the nationwide mortgage licensing system	14682
and registry shall be paid by the applicant.	14683

(6) If an application for a certificate of registration does	14684
not contain all of the information required under division (A) of	14685
this section, and if such information is not submitted to the	14686
division or to the nationwide mortgage licensing system and	14687
registry within ninety days after the superintendent or the	14688
nationwide mortgage licensing system and registry requests the	14689
information in writing, including by electronic transmission or	14690
facsimile, the superintendent may consider the application	14691
withdrawn.	14692

(7) If the division finds that the financial responsibility,	14693
experience, character, and general fitness of the applicant	14694
command the confidence of the public and warrant the belief that	14695
the business will be operated honestly and fairly in compliance	14696
with the purposes of sections 1321.51 to 1321.60 of the Revised	14697
Code and the rules adopted thereunder, and that the applicant has	14698
the requisite bond or applicable net worth and assets required by	14699
division (B) of this section, the division shall thereupon issue a	14700
certificate of registration to the applicant. The superintendent	14701
shall not use a credit score as the sole basis for a registration	14702
denial.	14703

(a)(i) Certificates of registration issued on or after July	14704
1, 2010, shall annually expire on the thirty-first day of	14705
December, unless renewed by the filing of a renewal application	14706
and payment of a three-hundred-dollar nonrefundable annual	14707
registration fee, any assessment as determined by the	14708
superintendent pursuant to division (A)(7)(a)(ii) of this section,	14709
and any additional fee required by the nationwide mortgage	14710
licensing system and registry, on or before the last day of	14711
December of each year. No other fee or assessment shall be	14712
required of a registrant by the state or any political subdivision	14713
of this state.	14714

(ii) If the renewal fees billed by the superintendent	14715
pursuant to division (A)(7)(a)(i) of this section are less than	14716
the estimated expenditures of the consumer finance section of the	14717
division of financial institutions, as determined by the	14718
superintendent, for the following fiscal year, the superintendent	14719
may assess each registrant at a rate sufficient to equal in the	14720
aggregate the difference between the renewal fees billed and the	14721
estimated expenditures. Each registrant shall pay the assessed	14722
amount to the superintendent prior to the last day of June. In no	14723
case shall the assessment exceed ten cents per each one hundred	14724
dollars of interest (excluding charge-off recoveries), points,	14725
loan origination charges, and credit line charges collected by	14726
that registrant during the previous calendar year. If such an	14727
assessment is imposed, it shall not be less than two hundred fifty	14728
dollars per registrant and shall not exceed thirty thousand	14729
dollars less the total renewal fees paid pursuant to division	14730
(A)(7)(a)(i) of this section by each registrant.	14731

(b) Registrants shall timely file renewal applications on	14732
forms prescribed by the division and provide any further	14733
information that the division may require. If a renewal	14734
application does not contain all of the information required under	14735
this section, and if that information is not submitted to the	14736
division or to the nationwide mortgage licensing system and	14737
registry within ninety days after the superintendent or the	14738
nationwide mortgage licensing system and registry requests the	14739
information in writing, including by electronic transmission or	14740
facsimile, the superintendent may consider the application	14741
withdrawn.	14742

(c) Renewal shall not be granted if the applicant's	14743
certificate of registration is subject to an order of suspension,	14744
revocation, or an unpaid and past due fine imposed by the	14745
superintendent.	14746

(d) If the division finds the applicant does not meet the	14747
conditions set forth in this section, it shall issue a notice of	14748
intent to deny the application, and forthwith notify the applicant	14749
of the denial, the grounds for the denial, and the applicant's	14750
reasonable opportunity to be heard on the action in accordance	14751
with Chapter 119. of the Revised Code.	14752

(8) If there is a change of five per cent or more in the	14753
ownership of a registrant, the division may make any investigation	14754
necessary to determine whether any fact or condition exists that,	14755
if it had existed at the time of the original application for a	14756
certificate of registration, the fact or condition would have	14757
warranted the division to deny the application under division	14758
(A)(7) of this section. If such a fact or condition is found, the	14759
division may, in accordance with Chapter 119. of the Revised Code,	14760
revoke the registrant's certificate.	14761

(B) Each registrant that engages in lending under sections	14762
1321.51 to 1321.60 of the Revised Code shall, if not otherwise	14763
required to be bonded pursuant to section 1321.533 of the Revised	14764
Code, maintain both of the following:	14765

(1) A net worth of at least fifty thousand dollars;

14766

(2) For each certificate of registration, assets of at least	14767
fifty thousand dollars either in use or readily available for use	14768
in the conduct of the business.	14769

(C) Not more than one place of business shall be maintained	14770
under the same certificate, but the division may issue additional	14771
certificates to the same registrant upon compliance with sections	14772
1321.51 to 1321.60 of the Revised Code, governing the issuance of	14773
a single certificate. No change in the place of business of a	14774
registrant to a location outside the original municipal	14775
corporation shall be permitted under the same certificate without	14776
the approval of a new application, the payment of the registration	14777
fee and, if required by the superintendent, the payment of an	14778
investigation fee of two hundred dollars. When a registrant wishes	14779
to change its place of business within the same municipal	14780
corporation, it shall give written notice of the change in advance	14781
to the division, which shall provide a certificate for the new	14782
address without cost. If a registrant changes its name, prior to	14783
making loans under the new name it shall give written notice of	14784
the change to the division, which shall provide a certificate in	14785
the new name without cost. Sections 1321.51 to 1321.60 of the	14786
Revised Code do not limit the loans of any registrant to residents	14787
of the community in which the registrant's place of business is	14788
situated. Each certificate shall be kept conspicuously posted in	14789
the place of business of the registrant and is not transferable or	14790
assignable.	14791

(D) Sections 1321.51 to 1321.60 of the Revised Code do not	14792
apply to any of the following:	14793

(1) Entities chartered and lawfully doing business under the	14794
authority of any law of this state, another state, or the United	14795
States as a bank, savings bank, trust company, savings and loan	14796
association, or credit union, or a subsidiary of any such entity,	14797
which subsidiary is regulated by a federal banking agency and is	14798
owned and controlled by such a depository institution;	14799

(2) Life, property, or casualty insurance companies licensed	14800
to do business in this state;	14801

(3) Any person that is a lender making a loan pursuant to	14802
sections 1321.01 to 1321.19 of the Revised Code or a business loan	14803
as described in division (B)(6) of section 1343.01 of the Revised	14804
Code;	14805

(4) Any political subdivision, or any governmental or other	14806
public entity, corporation, instrumentality, or agency, in or of	14807
the United States or any state of the United States, or any entity	14808
described in division (B)(3) of section 1343.01 of the Revised	14809
Code;	14810

(5) A college or university, or controlled entity of a	14811
college or university, as those terms are defined in section	14812
1713.05 of the Revised Code;	14813

(6) A credit union service organization, provided the	14814
organization utilizes services provided by registered mortgage	14815
loan originators or the organization complies with section	14816
1321.522 of the Revised Code and holds a valid letter of exemption	14817
issued by the superintendent.	14818

(E) No person engaged in the business of selling tangible	14819
goods or services related to tangible goods may receive or retain	14820
a certificate under sections 1321.51 to 1321.60 of the Revised	14821
Code for such place of business.	14822

Sec. 1321.531. (A) An application for a mortgage loan	14823
originator license shall be in writing, under oath, and in the	14824
form prescribed by the superintendent of financial institutions.	14825
The application shall be accompanied by a nonrefundable	14826
application fee of one hundred fifty dollars and all other	14827
required fees, including any fees required by the nationwide	14828
mortgage licensing system and registry.	14829

(B) The superintendent may establish relationships or enter	14830
into contracts with the nationwide mortgage licensing system and	14831
registry, or any entities designated by it, to collect and	14832
maintain records and process transaction fees or other fees	14833
related to mortgage loan originator licensees or other persons	14834
subject to or involved in their licensure.	14835

(C) In connection with applying for a mortgage loan	14836
originator license, the applicant shall furnish to the nationwide	14837
mortgage licensing system and registry the following information	14838
concerning the applicant's identity:	14839

(1) The applicant's fingerprints for submission to the	14840
federal bureau of investigation, and any other governmental agency	14841
or entity authorized to receive such information, for purposes of	14842
a state, national, and international criminal history background	14843
check;	14844

(2) Personal history and experience in a form prescribed by	14845
the nationwide mortgage licensing system and registry, along with	14846
authorization for the superintendent and the nationwide mortgage	14847
licensing system and registry to obtain the following:	14848

(a) An independent credit report from a consumer reporting	14849
agency;	14850

(b) Information related to any administrative, civil, or	14851
criminal findings by any governmental jurisdiction.	14852

(D) In order to effectuate the purposes of divisions (C)(1)	14853
and (C)(2)(b) of this section, the superintendent may use the	14854
conference of state bank supervisors, or a wholly owned	14855
subsidiary, as a channeling agent for requesting information from	14856
and distributing information to the United States department of	14857
justice or any other governmental agency. The superintendent may	14858
also use the nationwide mortgage licensing system and registry as	14859
a channeling agent for requesting information from and	14860
distributing information to any source related to matters subject	14861
to divisions (C)(2)(a) and (b) of this section.	14862

(E) Upon the filing of the application, payment of the	14863
application fee, and payment of any additional fee, including any	14864
fee required by the nationwide mortgage licensing system and	14865
registry, the superintendent shall investigate the applicant as	14866
set forth in division (E) of this section.	14867

(1)(a) Notwithstanding division (K) of section 121.08 of the	14868
Revised Code, the superintendent shall obtain a criminal history	14869
records check and, as part of that records check, request that	14870
criminal record information from the federal bureau of	14871
investigation be obtained. To fulfill this requirement, the	14872
superintendent shall do either of the following:	14873

(i) Request the superintendent of the bureau of criminal	14874
identification and investigation, or a vendor approved by the	14875
bureau, to conduct a criminal records check based on the	14876
applicant's fingerprints or, if the fingerprints are unreadable,	14877
based on the applicant's social security number in accordance with	14878
~~division (A)(12) of~~ section 109.572 of the Revised Code;	14879

(ii) Authorize the nationwide mortgage licensing system and	14880
registry to request a criminal history background check as set	14881
forth in division (C) of this section.	14882

(b) Any fee required under division (C)(3) of section 109.572	14883
of the Revised Code or by the nationwide mortgage licensing system	14884
and registry shall be paid by the applicant.	14885

(2) The superintendent of financial institutions shall	14886
conduct a civil records check.	14887

(3) If, in order to issue a license to an applicant,	14888
additional investigation by the superintendent outside this state	14889
is necessary, the superintendent may require the applicant to	14890
advance sufficient funds to pay the actual expenses of the	14891
investigation, if it appears that these expenses will exceed one	14892
hundred dollars. The superintendent shall provide the applicant	14893
with an itemized statement of the actual expenses that the	14894
applicant is required to pay.	14895

(F) If an application for a mortgage loan originator license	14896
does not contain all of the information required under this	14897
section, and if that information is not submitted to the	14898
superintendent or to the nationwide mortgage licensing system and	14899
registry within ninety days after the superintendent or the	14900
nationwide mortgage licensing system and registry requests the	14901
information in writing, including by electronic transmission or	14902
facsimile, the superintendent may consider the application	14903
withdrawn.	14904

Sec. 1322.03. (A) An application for a certificate of	14905
registration as a mortgage broker shall be in writing, under oath,	14906
and in the form prescribed by the superintendent of financial	14907
institutions. The application shall be accompanied by a	14908
nonrefundable application fee of five hundred dollars for each	14909
location of an office to be maintained by the applicant in	14910
accordance with division (A) of section 1322.02 of the Revised	14911
Code and any additional fee required by the nationwide mortgage	14912
licensing system and registry. The application shall provide all	14913
of the following:	14914

(1) The location or locations where the business is to be	14915
transacted and whether any location is a residence. If any	14916
location where the business is to be transacted is a residence,	14917
the superintendent may require that the application be accompanied	14918
by a copy of a zoning permit authorizing the use of the residence	14919
for commercial purposes, or by a written opinion or other document	14920
issued by the county or political subdivision where the residence	14921
is located certifying that the use of the residence to transact	14922
business as a mortgage broker is not prohibited by the county or	14923
political subdivision.	14924

(2)(a) In the case of a sole proprietor, the name and address	14925
of the sole proprietor;	14926

(b) In the case of a partnership, the name and address of	14927
each partner;	14928

(c) In the case of a corporation, the name and address of	14929
each shareholder owning five per cent or more of the corporation;	14930

(d) In the case of any other entity, the name and address of	14931
any person that owns five per cent or more of the entity that will	14932
transact business as a mortgage broker.	14933

(3) Each applicant shall designate an employee or owner of	14934
the applicant as the applicant's operations manager. While acting	14935
as the operations manager, the employee or owner shall be licensed	14936
as a loan originator under sections 1322.01 to 1322.12 of the	14937
Revised Code and shall not be employed by any other mortgage	14938
broker.	14939

(4) Evidence that the person designated on the application	14940
pursuant to division (A)(3) of this section possesses at least	14941
three years of experience in the residential mortgage and lending	14942
field, which experience may include employment with or as a	14943
mortgage broker or with a depository institution, mortgage lending	14944
institution, or other lending institution, or possesses at least	14945
three years of other experience related specifically to the	14946
business of residential mortgage loans that the superintendent	14947
determines meets the requirements of division (A)(4) of this	14948
section;	14949

(5) Evidence that the person designated on the application	14950
pursuant to division (A)(3) of this section has successfully	14951
completed the pre-licensing instruction requirements set forth in	14952
section 1322.031 of the Revised Code;	14953

(6) Evidence of compliance with the surety bond requirements	14954
of section 1322.05 of the Revised Code and with sections 1322.01	14955
to 1322.12 of the Revised Code;	14956

(7) In the case of a foreign business entity, evidence that	14957
it maintains a license or registration pursuant to Chapter 1703.,	14958
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	14959
transact business in this state;	14960

(8) Evidence that the applicant's operations manager has	14961
successfully completed the written test required under division	14962
(A) of section 1322.051 of the Revised Code;	14963

(9) Any further information that the superintendent requires.

14964

(B) Upon the filing of the application and payment of the	14965
nonrefundable application fee and any fee required by the	14966
nationwide mortgage licensing system and registry, the	14967
superintendent of financial institutions shall investigate the	14968
applicant, and any individual whose identity is required to be	14969
disclosed in the application, as set forth in division (B) of this	14970
section.	14971

(1)(a) Notwithstanding division (K) of section 121.08 of the	14972
Revised Code, the superintendent shall obtain a criminal history	14973
records check and, as part of that records check, request that	14974
criminal record information from the federal bureau of	14975
investigation be obtained. To fulfill this requirement, the	14976
superintendent shall do either of the following:	14977

(i) Request the superintendent of the bureau of criminal	14978
identification and investigation, or a vendor approved by the	14979
bureau, to conduct a criminal records check based on the	14980
applicant's fingerprints or, if the fingerprints are unreadable,	14981
based on the applicant's social security number, in accordance	14982
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	14983

(ii) Authorize the nationwide mortgage licensing system and	14984
registry to request a criminal history background check.	14985

(b) Any fee required under division (C)(3) of section 109.572	14986
of the Revised Code or by the nationwide mortgage licensing system	14987
and registry shall be paid by the applicant.	14988

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

14989

(3) If, in order to issue a certificate of registration to an	14990
applicant, additional investigation by the superintendent outside	14991
this state is necessary, the superintendent may require the	14992
applicant to advance sufficient funds to pay the actual expenses	14993
of the investigation, if it appears that these expenses will	14994
exceed five hundred dollars. The superintendent shall provide the	14995
applicant with an itemized statement of the actual expenses that	14996
the applicant is required to pay.	14997

(C) The superintendent shall pay all funds advanced and	14998
application and renewal fees and penalties the superintendent	14999
receives pursuant to this section and section 1322.04 of the	15000
Revised Code to the treasurer of state to the credit of the	15001
consumer finance fund created in section 1321.21 of the Revised	15002
Code.	15003

(D) If an application for a mortgage broker certificate of	15004
registration does not contain all of the information required	15005
under division (A) of this section, and if that information is not	15006
submitted to the superintendent or to the nationwide mortgage	15007
licensing system and registry within ninety days after the	15008
superintendent or the nationwide mortgage licensing system and	15009
registry requests the information in writing, including by	15010
electronic transmission or facsimile, the superintendent may	15011
consider the application withdrawn.	15012

(E) A mortgage broker certificate of registration and the	15013
authority granted under that certificate is not transferable or	15014
assignable and cannot be franchised by contract or any other	15015
means.	15016

(F) The registration requirements of this chapter apply to	15017
any person acting as a mortgage broker, and no person is exempt	15018
from the requirements of this chapter on the basis of prior work	15019
or employment as a mortgage broker.	15020

(G) The superintendent may establish relationships or enter	15021
into contracts with the nationwide mortgage licensing system and	15022
registry, or any entities designated by it, to collect and	15023
maintain records and process transaction fees or other fees	15024
related to mortgage broker certificates of registration or the	15025
persons associated with a mortgage broker.	15026

Sec. 1322.031. (A) An application for a license as a loan	15027
originator shall be in writing, under oath, and in the form	15028
prescribed by the superintendent of financial institutions. The	15029
application shall be accompanied by a nonrefundable application	15030
fee of one hundred fifty dollars and any additional fee required	15031
by the nationwide mortgage licensing system and registry.	15032

(B)(1) The application shall provide evidence, acceptable to	15033
the superintendent, that the applicant has successfully completed	15034
at least twenty-four hours of pre-licensing instruction consisting	15035
of all of the following:	15036

(a) Twenty hours of instruction in a course or program of	15037
study reviewed and approved by the nationwide mortgage licensing	15038
system and registry;	15039

(b) Four hours of instruction in a course or program of study	15040
reviewed and approved by the superintendent concerning state	15041
lending laws and the Ohio consumer sales practices act, Chapter	15042
1345. of the Revised Code, as it applies to registrants and	15043
licensees.	15044

(2) Notwithstanding division (B)(1) of this section, until	15045
the nationwide mortgage licensing system and registry implements a	15046
review and approval program, the application shall provide	15047
evidence, as determined by the superintendent, that the applicant	15048
has successfully completed at least twenty-four hours of	15049
instruction in a course or program of study approved by the	15050
superintendent that consists of at least all of the following:	15051

(a) Four hours of instruction concerning state and federal	15052
mortgage lending laws, which shall include no less than two hours	15053
on this chapter;	15054

(b) Four hours of instruction concerning the Ohio consumer	15055
sales practices act, Chapter 1345. of the Revised Code, as it	15056
applies to registrants and licensees;	15057

(c) Four hours of instruction concerning the loan application	15058
process;	15059

(d) Two hours of instruction concerning the underwriting	15060
process;	15061

(e) Two hours of instruction concerning the secondary market	15062
for mortgage loans;	15063

(f) Four hours of instruction concerning the loan closing	15064
process;	15065

(g) Two hours of instruction covering basic mortgage	15066
financing concepts and terms;	15067

(h) Two hours of instruction concerning the ethical	15068
responsibilities of a registrant and a licensee, including with	15069
respect to confidentiality, consumer counseling, and the duties	15070
and standards of care created in section 1322.081 of the Revised	15071
Code.	15072

(3) For purposes of division (B)(1)(a) of this section, the	15073
review and approval of a course or program of study includes the	15074
review and approval of the provider of the course or program of	15075
study.	15076

(4) If an applicant held a valid loan originator license	15077
issued by this state at any time during the immediately preceding	15078
five-year period, the applicant shall not be required to complete	15079
any additional pre-licensing instruction. For this purpose, any	15080
time during which the individual is a registered loan originator	15081
shall not be taken into account.	15082

(5) A person having successfully completed the pre-licensing	15083
education requirement reviewed and approved by the nationwide	15084
mortgage licensing system and registry for any state within the	15085
previous five years shall be granted credit toward completion of	15086
the pre-licensing education requirement of this state.	15087

(C) In addition to the information required under division	15088
(B) of this section, the application shall provide both of the	15089
following:	15090

(1) Evidence that the applicant passed a written test that	15091
meets the requirements described in division (B) of section	15092
1322.051 of the Revised Code;	15093

(2) Any further information that the superintendent requires.

15094

(D) Upon the filing of the application and payment of the	15095
application fee and any fee required by the nationwide mortgage	15096
licensing system and registry, the superintendent of financial	15097
institutions shall investigate the applicant as set forth in	15098
division (D) of this section.	15099

(1)(a) Notwithstanding division (K) of section 121.08 of the	15100
Revised Code, the superintendent shall obtain a criminal history	15101
records check and, as part of the records check, request that	15102
criminal record information from the federal bureau of	15103
investigation be obtained. To fulfill this requirement, the	15104
superintendent shall do either of the following:	15105

(i) Request the superintendent of the bureau of criminal	15106
identification and investigation, or a vendor approved by the	15107
bureau, to conduct a criminal records check based on the	15108
applicant's fingerprints or, if the fingerprints are unreadable,	15109
based on the applicant's social security number, in accordance	15110
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	15111

(ii) Authorize the nationwide mortgage licensing system and	15112
registry to request a criminal history background check.	15113

(b) Any fee required under division (C)(3) of section 109.572	15114
of the Revised Code or by the nationwide mortgage licensing system	15115
and registry shall be paid by the applicant.	15116

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

15117

(3) If, in order to issue a license to an applicant,	15118
additional investigation by the superintendent outside this state	15119
is necessary, the superintendent may require the applicant to	15120
advance sufficient funds to pay the actual expenses of the	15121
investigation, if it appears that these expenses will exceed one	15122
hundred fifty dollars. The superintendent shall provide the	15123
applicant with an itemized statement of the actual expenses that	15124
the applicant is required to pay.	15125

(E)(1) In connection with applying for a loan originator	15126
license, the applicant shall furnish to the nationwide mortgage	15127
licensing system and registry the following information concerning	15128
the applicant's identity:	15129

(a) The applicant's fingerprints for submission to the	15130
federal bureau of investigation, and any other governmental agency	15131
or entity authorized to receive such information, for purposes of	15132
a state, national, and international criminal history background	15133
check;	15134

(b) Personal history and experience in a form prescribed by	15135
the nationwide mortgage licensing system and registry, along with	15136
authorization for the superintendent and the nationwide mortgage	15137
licensing system and registry to obtain the following:	15138

(i) An independent credit report from a consumer reporting	15139
agency;	15140

(ii) Information related to any administrative, civil, or	15141
criminal findings by any governmental jurisdiction.	15142

(2) In order to effectuate the purposes of divisions	15143
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	15144
may use the conference of state bank supervisors, or a wholly	15145
owned subsidiary, as a channeling agent for requesting information	15146
from and distributing information to the United States department	15147
of justice or any other governmental agency. The superintendent	15148
may also use the nationwide mortgage licensing system and registry	15149
as a channeling agent for requesting information from and	15150
distributing information to any source related to matters subject	15151
to those divisions of this section.	15152

(F) The superintendent shall pay all funds advanced and	15153
application and renewal fees and penalties the superintendent	15154
receives pursuant to this section and section 1322.041 of the	15155
Revised Code to the treasurer of state to the credit of the	15156
consumer finance fund created in section 1321.21 of the Revised	15157
Code.	15158

(G) If an application for a loan originator license does not	15159
contain all of the information required under this section, and if	15160
that information is not submitted to the superintendent or to the	15161
nationwide mortgage licensing system and registry within ninety	15162
days after the superintendent or the nationwide mortgage licensing	15163
system and registry requests the information in writing, including	15164
by electronic transmission or facsimile, the superintendent may	15165
consider the application withdrawn.	15166

(H)(1) The business of a loan originator shall principally be	15167
transacted at an office of the mortgage broker with whom the	15168
licensee is employed or associated, which office is registered in	15169
accordance with division (A) of section 1322.02 of the Revised	15170
Code. Each original loan originator license shall be deposited	15171
with and maintained by the mortgage broker at the mortgage	15172
broker's main office. A copy of the license shall be maintained	15173
and displayed at the office where the loan originator principally	15174
transacts business.	15175

(2) If a loan originator's employment or association is	15176
terminated for any reason, the mortgage broker shall return the	15177
original loan originator license to the superintendent within five	15178
business days after the termination. The licensee may request the	15179
transfer of the license to another mortgage broker by submitting a	15180
transfer application, along with a fifteen dollar fee and any fee	15181
required by the national mortgage licensing system and registry,	15182
to the superintendent or may request the superintendent in writing	15183
to hold the license in escrow. Any licensee whose license is held	15184
in escrow shall cease activity as a loan originator. A licensee	15185
whose license is held in escrow shall be required to apply for	15186
renewal annually and to comply with the annual continuing	15187
education requirement.	15188

(3) A mortgage broker may employ or be associated with a loan	15189
originator on a temporary basis pending the transfer of the loan	15190
originator's license to the mortgage broker, if the mortgage	15191
broker receives written confirmation from the superintendent that	15192
the loan originator is licensed under sections 1322.01 to 1322.12	15193
of the Revised Code.	15194

(4) Notwithstanding divisions (H)(1) to (3) of this section,	15195
if a licensee is employed by or associated with a person or entity	15196
listed in division (G)(2) of section 1322.01 of the Revised Code,	15197
all of the following apply:	15198

(a) The licensee shall maintain and display the original loan	15199
originator license at the office where the licensee principally	15200
transacts business;	15201

(b) If the loan originator's employment or association is	15202
terminated, the loan originator shall return the original loan	15203
originator license to the superintendent within five business days	15204
after termination. The licensee may request the transfer of the	15205
license to a mortgage broker or another person or entity listed in	15206
division (G)(2) of section 1322.01 of the Revised Code by	15207
submitting a transfer application, along with a fifteen-dollar fee	15208
and any fee required by the national mortgage licensing system and	15209
registry, to the superintendent or may request the superintendent	15210
in writing to hold the license in escrow. A licensee whose license	15211
is held in escrow shall cease activity as a loan originator. A	15212
licensee whose license is held in escrow shall be required to	15213
apply for renewal annually and to comply with the annual	15214
continuing education requirement.	15215

(c) The licensee may seek to be employed or associated with a	15216
mortgage broker or person or entity listed in division (G)(2) of	15217
section 1322.01 of the Revised Code if the mortgage broker or	15218
person or entity receives written confirmation from the	15219
superintendent that the loan originator is licensed under sections	15220
1322.01 to 1322.12 of the Revised Code.	15221

(I) The superintendent may establish relationships or enter	15222
into contracts with the nationwide mortgage licensing system and	15223
registry, or any entities designated by it, to collect and	15224
maintain records and process transaction fees or other fees	15225
related to loan originator licenses or the persons associated with	15226
a licensee.	15227

(J) A loan originator license, or the authority granted under	15228
that license, is not assignable and cannot be franchised by	15229
contract or any other means.	15230

Sec. 1345.05. (A) The attorney general shall:

15231

(1) Adopt, amend, and repeal procedural rules;

15232

(2) Adopt as a rule a description of the organization of the	15233
attorney general's office, stating the general courses and methods	15234
of operation of the section of the office of the attorney general,	15235
which is to administer Chapter 1345. of the Revised Code and	15236
methods whereby the public may obtain information or make	15237
submissions or requests, including a description of all forms and	15238
instructions used by that office;	15239

(3) Make available for public inspection all rules and all	15240
other written statements of policy or interpretations adopted or	15241
used by the attorney general in the discharge of the attorney	15242
general's functions, together with all judgments, including	15243
supporting opinions, by courts of this state that determine the	15244
rights of the parties and concerning which appellate remedies have	15245
been exhausted, or lost by the expiration of the time for appeal,	15246
determining that specific acts or practices violate section	15247
1345.02, 1345.03, or 1345.031 of the Revised Code;	15248

(4) Inform consumers and suppliers on a continuing basis of	15249
acts or practices that violate Chapter 1345. of the Revised Code	15250
by, among other things, publishing an informational document	15251
describing acts and practices in connection with residential	15252
mortgages that are unfair, deceptive, or unconscionable, and by	15253
making that information available on the attorney general's	15254
official web site;	15255

(5) Cooperate with state and local officials, officials of	15256
other states, and officials of the federal government in the	15257
administration of comparable statutes;	15258

(6) Report annually on or before the ~~first~~thirty-first day	15259
of January to the governor and the general assembly on the	15260
operations of the attorney general in respect to Chapter 1345. of	15261
the Revised Code, and on the acts or practices occurring in this	15262
state that violate such chapter. The report shall include a	15263
statement of investigatory and enforcement procedures and	15264
policies, of the number of investigations and enforcement	15265
proceedings instituted and of their disposition, and of other	15266
activities of the state and of other persons to promote the	15267
purposes of Chapter 1345. of the Revised Code.	15268

(7) In carrying out official duties, the attorney general	15269
shall not disclose publicly the identity of suppliers investigated	15270
or the facts developed in investigations unless these matters have	15271
become a matter of public record in enforcement proceedings, in	15272
public hearings conducted pursuant to division (B)(1) of this	15273
section, or the suppliers investigated have consented in writing	15274
to public disclosure.	15275

(B) The attorney general may:

15276

(1) Conduct research, make inquiries, hold public hearings,	15277
and publish studies relating to consumer transactions;	15278

(2) Adopt, amend, and repeal substantive rules defining with	15279
reasonable specificity acts or practices that violate sections	15280
1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting,	15281
amending, or repealing substantive rules defining acts or	15282
practices that violate section 1345.02 of the Revised Code, due	15283
consideration and great weight shall be given to federal trade	15284
commission orders, trade regulation rules and guides, and the	15285
federal courts' interpretations of subsection 45(a)(1) of the	15286
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.	15287
41, as amended.	15288

In adopting, amending, or repealing such rules concerning a	15289
consumer transaction in connection with a residential mortgage,	15290
the attorney general shall consult with the superintendent of	15291
financial institutions and shall give due consideration to state	15292
and federal statutes, regulations, administrative agency	15293
interpretations, and case law.	15294

(C) In the conduct of public hearings authorized by this	15295
section, the attorney general may administer oaths, subpoena	15296
witnesses, adduce evidence, and require the production of relevant	15297
material. Upon failure of a person without lawful excuse to obey a	15298
subpoena or to produce relevant matter, the attorney general may	15299
apply to a court of common pleas for an order compelling	15300
compliance.	15301

(D) The attorney general may request that an individual who	15302
refuses to testify or to produce relevant material on the ground	15303
that the testimony or matter may incriminate the individual be	15304
ordered by the court to provide the testimony or matter. With the	15305
exception of a prosecution for perjury and an action for damages	15306
under section 1345.07 or 1345.09 of the Revised Code, an	15307
individual who complies with a court order to provide testimony or	15308
matter, after asserting a privilege against self incrimination to	15309
which the individual is entitled by law, shall not be subjected to	15310
a criminal proceeding on the basis of the testimony or matter	15311
discovered through that testimony or matter.	15312

(E) Any person may petition the attorney general requesting	15313
the adoption, amendment, or repeal of a rule. The attorney general	15314
shall prescribe by rule the form for such petitions and the	15315
procedure for their submission, consideration, and disposition.	15316
Within sixty days of submission of a petition, the attorney	15317
general shall either deny the petition in writing, stating the	15318
reasons for the denial, or initiate rule-making proceedings. There	15319
is no right to appeal from such denial of a petition.	15320

(F) All rules shall be adopted subject to Chapter 119. of the	15321
Revised Code.	15322

(G) The informational document published in accordance with	15323
division (A)(4) of this section shall be made available for	15324
distribution to consumers who are applying for a mortgage loan. An	15325
acknowledgement of receipt shall be retained by the lender,	15326
mortgage broker, and loan officer, as applicable, subject to	15327
review by the attorney general and the department of commerce.	15328

Sec. 1501.04. There is hereby created in the department of	15329
natural resources a recreation and resources commission composed	15330
of the chairperson of the wildlife council created under section	15331
1531.03 of the Revised Code, the chairperson of the parks and	15332
recreation council created under section 1541.40 of the Revised	15333
Code, the chairperson of the waterways safety council created	15334
under section 1547.73 of the Revised Code, the chairperson of the	15335
technical advisory council on oil and gas created under section	15336
1509.38 of the Revised Code, the chairperson of the forestry	15337
advisory council created under section 1503.40 of the Revised	15338
Code, the chairperson of the Ohio soil and water conservation	15339
commission created under section 1515.02 of the Revised Code, the	15340
chairperson of the Ohio natural areas council created under	15341
section 1517.03 of the Revised Code, the chairperson of the Ohio	15342
water advisory council created under section 1521.031 of the	15343
Revised Code, ~~the chairperson of the recycling and litter~~	15344
~~prevention advisory council created under section 1502.04 of the~~	15345
~~Revised Code,~~ the chairperson of the Ohio geology advisory council	15346
created under section 1505.11 of the Revised Code, and five	15347
members appointed by the governor with the advice and consent of	15348
the senate, not more than three of whom shall belong to the same	15349
political party. The director of natural resources shall be an ex	15350
officio member of the commission, with a voice in its	15351
deliberations, but without the power to vote.	15352

Terms of office of members of the commission appointed by the	15353
governor shall be for five years, commencing on the second day of	15354
February and ending on the first day of February. Each member	15355
shall hold office from the date of appointment until the end of	15356
the term for which the member was appointed.	15357

In the event of the death, removal, resignation, or	15358
incapacity of a member of the commission, the governor, with the	15359
advice and consent of the senate, shall appoint a successor who	15360
shall hold office for the remainder of the term for which the	15361
member's predecessor was appointed. Any member shall continue in	15362
office subsequent to the expiration date of the member's term	15363
until the member's successor takes office, or until a period of	15364
sixty days has elapsed, whichever occurs first.	15365

The governor may remove any appointed member of the	15366
commission for misfeasance, nonfeasance, or malfeasance in office.	15367

The commission shall exercise no administrative function, but	15368
may do any of the following:	15369

(A) Advise with and recommend to the director as to plans and	15370
programs for the management, development, utilization, and	15371
conservation of the natural resources of the state;	15372

(B) Advise with and recommend to the director as to methods	15373
of coordinating the work of the divisions of the department;	15374

(C) Consider and make recommendations upon any matter that	15375
the director may submit to it;	15376

(D) Submit to the governor biennially recommendations for	15377
amendments to the conservation laws of the state.	15378

Each member of the commission, before entering upon the	15379
discharge of the member's duties, shall take and subscribe to an	15380
oath of office, which oath, in writing, shall be filed in the	15381
office of the secretary of state.	15382

The members of the commission shall serve without	15383
compensation, but shall be entitled to receive their actual and	15384
necessary expenses incurred in the performance of their official	15385
duties.	15386

The commission, by a majority vote of all its members, shall	15387
adopt and amend bylaws.	15388

To be eligible for appointment, a person shall be a citizen	15389
of the United States and an elector of the state and shall possess	15390
a knowledge of and have an interest in the natural resources of	15391
this state.	15392

The commission shall hold at least four regular quarterly	15393
meetings each year. Special meetings shall be held at such times	15394
as the bylaws of the commission provide. Notices of all meetings	15395
shall be given in such manner as the bylaws provide. The	15396
commission shall choose annually from among its members a	15397
chairperson to preside over its meetings and a secretary to keep a	15398
record of its proceedings. A majority of the members of the	15399
commission constitutes a quorum. No advice shall be given or	15400
recommendation made without a majority of the members of the	15401
commission concurring in it.	15402

Sec. 1503.012. There is hereby created in the state treasury	15403
the forestry mineral royalties fund. The fund shall consist of	15404
money deposited into it under section 1509.73 of the Revised Code.	15405
Any investment proceeds earned on money in the fund shall be	15406
credited to the fund.	15407

Money in the fund shall be used by the division of forestry	15408
to acquire land and to pay capital costs, including equipment and	15409
repairs and renovations of facilities, that are owned by the state	15410
and administered by the division. Expenditures from the fund for	15411
those purposes shall be approved by the director of natural	15412
resources.	15413

The director of natural resources also may request the	15414
director of budget and management to transfer money from the	15415
forestry mineral royalties fund to the parks mineral royalties	15416
fund created in section 1541.26 of the Revised Code. The director	15417
of budget and management shall transfer the money pursuant to the	15418
request if the director consents to the request. Money that is	15419
transferred to the parks mineral royalties fund shall be used for	15420
the purposes specified in section 1541.26 of the Revised Code.	15421

Sec. 1503.43. (A) As used in this section:

15422

(1) "Wilderness area" means a contiguous area of relatively	15423
undeveloped state-owned land administered by the division of	15424
forestry and consisting of not less than five thousand acres or of	15425
sufficient size as to make practicable its preservation and use in	15426
an unimpaired condition that either has retained its natural	15427
character and influence or has been substantially restored to a	15428
near natural appearance and that meets both of the following	15429
qualifications:	15430

(a) The area is one in which humankind's past influences are	15431
largely unnoticed;	15432

(b) The area has outstanding opportunities for solitude or	15433
for a primitive and unconfined type of recreation.	15434

(2) "Utility facility" includes, without limitation, towers,	15435
poles, pipes, sewers, tubing, conduits, conductors, cables,	15436
valves, lines, wires, manholes, and appurtenances thereto owned by	15437
a utility facility operator.	15438

(3) "Utility facility operator" means a person or public	15439
authority that supplies any of the following materials or services	15440
by means of a utility facility:	15441

(a) Flammable, toxic, or corrosive gas;

15442

(b) Crude oil, petroleum products, or hazardous liquids;

15443

15444

(d) Electricity;

15445

(e) Electronic, telephonic, or telegraphic communications;

15446

(f) Television signals;

15447

(g) Sewage disposal or drainage;

15448

(h) Potable water;

15449

(i) Steam or hot water.

15450

(B) That portion of contiguous state lands located in Scioto	15451
and Adams counties and within the Shawnee state forest and bounded	15452
by forest road seventeen and sunshine ridge to the north, by upper	15453
Twin Creek road to the east and northeast, by United States route	15454
fifty-two to the south, and by lower Twin Creek road to the west	15455
and southwest is hereby designated the Shawnee wilderness area.	15456
Except as otherwise specifically provided by this section or by	15457
rule adopted under this chapter, the provisions of this chapter	15458
apply to the Shawnee wilderness area, and that area shall continue	15459
to be a part of the Shawnee state forest.	15460

(C) The Shawnee wilderness area shall be managed to preserve	15461
natural conditions and ensure the continuance of natural	15462
processes. The chief of the division of forestry, with the	15463
approval of the director of natural resources, shall administer	15464
the Shawnee wilderness area in accordance with a management plan,	15465
which the chief shall develop and adopt within one year after	15466
September 14, 1988. Sixty days prior to adopting a plan, the chief	15467
shall solicit public review and comment on a draft plan. At least	15468
once every ten years, the chief shall conduct a review of the	15469
plan, with public input, and revise the plan as appropriate. The	15470
chief shall make the plan available for review by any person upon	15471
request.	15472

(D) Notwithstanding any other authority granted to the chief	15473
under this chapter, the chief shall include within the management	15474
plan adopted under division (C) of this section prohibitions of	15475
the following activities within the Shawnee wilderness area except	15476
for the areas exempted in division (E) of this section:	15477

(1) Picking, removal, cutting, or alteration in any manner of	15478
any vegetation unless the person first has obtained written	15479
consent from the chief for that activity and the action is	15480
necessary for appropriate public access, the preservation or	15481
restoration of a plant or wildlife species, or the documentation	15482
of scientific values;	15483

(2) Granting of any easement or license, or sale or lease of	15484
any of the land, for any purpose. Division (D)(2) of this section	15485
does not apply to any private easement or license in existence on	15486
September 14, 1988.	15487

(3) Exploration for or extraction of any coal, oil, gas, or	15488
minerals;	15489

(4) Operation, construction, or installation of a utility	15490
facility above or below the surface of the land;	15491

(5) Operation of a commercial enterprise;

15492

(6) Except as provided in division (D)(7) of this section,	15493
construction of a road upon any of the land or use of the land as	15494
a road;	15495

(7) Except as is necessary to meet emergency requirements for	15496
administration of the area:	15497

(a) Landing of an aircraft;

15498

(b) Operation of a motor vehicle, motor boat, other form of	15499
mechanical transport, or motorized equipment;	15500

15501

(d) Use of the land as a temporary road.

15502

(E)(1) The following areas, which now are necessary for the	15503
administration of the Shawnee state forest and the state forest	15504
system, are not subject to the prohibitions of division (D) of	15505
this section:	15506

(a) The Buena Vista manager's residence;

15507

(b) The Buena Vista walnut seed orchard;

15508

~~(c) The Twin Creek fire tower~~.

15509

(2) The following areas, which now are necessary for the	15510
administration of the Shawnee state forest and the state forest	15511
system, are not subject to the prohibition established in division	15512
(D)(7)(b) of this section for the purpose of trail maintenance:	15513

(a) The hiking trail west of upper Twin Creek road known as	15514
the wilderness loop;	15515

(b) Buckhorn ridge bridle trail;

15516

15517

(3) At any time that the chief makes a determination that it	15518
is no longer necessary for the administration of the Shawnee state	15519
forest or the state forest system for an area excluded in division	15520
(E)(1) or (2) of this section to be excluded, the area shall	15521
become subject to the prohibitions ofestablished in division (D)	15522
of this section or the prohibition established in division	15523
(D)(7)(b) of this section, as applicable.	15524

(F) The chief, in developing a management plan under division	15525
(C) of this section, may not prohibit any hunting, fishing, or	15526
trapping that is done in conformity with Chapters 1531. and 1533.	15527
of the Revised Code or any rules adopted under those chapters.	15528

Sec. 1506.42. The state, acting through the director of	15529
natural resources, subject to section 1506.46 of the Revised Code,	15530
may enter into agreements with counties, townships, municipal	15531
corporations, park boards, and conservancy districts, other	15532
political subdivisions, or any state departments or divisions for	15533
the purpose of constructing and maintaining projects to control	15534
erosion along the Ohio shoreline of Lake Erie and in any rivers	15535
and bays that are connected with Lake Erie and any other	15536
watercourses that flow into Lake Erie. Such projects also may be	15537
constructed on any Lake Erie island that is situated within the	15538
boundaries of the state.	15539

The cost of such shore erosion projects that are for the	15540
benefit of public littoral property shall be prorated on the basis	15541
of two-thirds of the total cost to the state through	15542
appropriations made to the department of natural resources and	15543
one-third of the cost to the counties, townships, municipal	15544
corporations, park boards, conservancy districts, or other	15545
political subdivisions.	15546

If a shore erosion emergency is declared by the governor, the	15547
state, acting through the director, may spend whatever state funds	15548
are available to alleviate shore erosion, without participation by	15549
any political subdivision, regardless of whether the project will	15550
benefit public or private littoral property.	15551

A board of county commissioners, acting for the county over	15552
which it has jurisdiction, may enter into and carry out agreements	15553
with the director for the construction and maintenance of projects	15554
to control shore erosion. In providing the funds for the county's	15555
proportionate share of the cost of constructing and maintaining	15556
the projects referred to in this section, the board shall be	15557
governed by and may issue and refund bonds in accordance with	15558
Chapter 133. of the Revised Code.	15559

A municipal corporation or a township, acting through the	15560
legislative authority or the board of township trustees, may enter	15561
into and carry out agreements with the director for the purpose of	15562
constructing and maintaining projects to control shore erosion. In	15563
providing the funds for the municipal corporation's or township's	15564
proportionate share of the cost of constructing and maintaining	15565
the projects referred to in this section, a municipal corporation	15566
or township may issue and refund bonds in accordance with Chapter	15567
133. of the Revised Code. The contract shall be executed on behalf	15568
of the municipal corporation or township by the mayor, city	15569
manager, or other chief executive officer who has the authority to	15570
act for the municipal corporation or township.	15571

Conservancy districts may enter into and carry out agreements	15572
with the director, in accordance with the intent of this section,	15573
under the powers conferred upon conservancy districts under	15574
Chapter 6101. of the Revised Code.	15575

Park boards may enter into and carry out agreements with the	15576
director, in accordance with the intent of this section, and issue	15577
bonds for that purpose under the powers conferred upon park	15578
districts under Chapter 1545. of the Revised Code.	15579

The director shall approve and supervise all projects that	15580
are to be constructed in accordance with this section. The	15581
director shall not proceed with the construction of any project	15582
until all funds that are to be paid by the county, township,	15583
municipal corporation, park board, or conservancy district, in	15584
accordance with the terms of the agreement entered into between	15585
the director and the county, township, municipal corporation, park	15586
board, or conservancy district, are in the director's possession	15587
and deposited in the shore erosion fund, which is hereby created	15588
in the state treasury. If the director finds it to be in the best	15589
interests of the state to construct projects as set forth in this	15590
section by the state itself, without the financial contribution of	15591
counties, townships, municipal corporations, park boards, or	15592
conservancy districts, the director may construct the projects.	15593

In deciding whether to assist a county or municipal	15594
corporation in constructing and maintaining a project under this	15595
section, the state, acting through the director, shall consider,	15596
among other factors, whether the county or municipal corporation	15597
has adopted or is in the process of adopting a Lake Erie coastal	15598
erosion area resolution or ordinance under division (D) of section	15599
1506.07 of the Revised Code.	15600

All projects constructed by the state in conformity with	15601
sections 1506.38 to 1506.46 of the Revised Code shall be	15602
constructed subject to sections 153.01 to 153.20 of the Revised	15603
Code, except that the ~~state architect and engineer~~Ohio facilities	15604
construction commission is not required to prepare the plans and	15605
specifications for those projects.	15606

Sec. 1509.071. (A) When the chief of the division of oil and	15607
gas resources management finds that an owner has failed to comply	15608
with a final nonappealable order issued or compliance agreement	15609
entered into under section 1509.04, the restoration requirements	15610
of section 1509.072, plugging requirements of section 1509.12, or	15611
permit provisions of section 1509.13 of the Revised Code, or rules	15612
and orders relating thereto, the chief shall make a finding of	15613
that fact and declare any surety bond filed to ensure compliance	15614
with those sections and rules forfeited in the amount set by rule	15615
of the chief. The chief thereupon shall certify the total	15616
forfeiture to the attorney general, who shall proceed to collect	15617
the amount of the forfeiture. In addition, the chief may require	15618
an owner, operator, producer, or other person who forfeited a	15619
surety bond to post a new surety bond in the amount of fifteen	15620
thousand dollars for a single well, thirty thousand dollars for	15621
two wells, or fifty thousand dollars for three or more wells.	15622

In lieu of total forfeiture, the surety or owner, at the	15623
surety's or owner's option, may cause the well to be properly	15624
plugged and abandoned and the area properly restored or pay to the	15625
treasurer of state the cost of plugging and abandonment.	15626

(B) All moneys collected because of forfeitures of bonds as	15627
provided in this section shall be deposited in the state treasury	15628
to the credit of the oil and gas well fund created in section	15629
1509.02 of the Revised Code.	15630

The chief annually shall spend not less than fourteen per	15631
cent of the revenue credited to the fund during the previous	15632
fiscal year for the following purposes:	15633

(1) In accordance with division (D) of this section, to plug	15634
idle and orphaned wells or to restore the land surface properly as	15635
required in section 1509.072 of the Revised Code;	15636

(2) In accordance with division (E) of this section, to	15637
correct conditions that the chief reasonably has determined are	15638
causing imminent health or safety risks at an idle and orphaned	15639
well or a well for which the owner cannot be contacted in order to	15640
initiate a corrective action within a reasonable period of time as	15641
determined by the chief.	15642

Expenditures from the fund shall be made only for lawful	15643
purposes. In addition, expenditures from the fund shall not be	15644
made to purchase real property or to remove a dwelling in order to	15645
access a well.	15646

(C)(1) Upon determining that the owner of a well has failed	15647
to properly plug and abandon it or to properly restore the land	15648
surface at the well site in compliance with the applicable	15649
requirements of this chapter and applicable rules adopted and	15650
orders issued under it or that a well is an abandoned well for	15651
which no funds are available to plug the well in accordance with	15652
this chapter, the chief shall do all of the following:	15653

(a) Determine from the records in the office of the county	15654
recorder of the county in which the well is located the identity	15655
of the owner of the land on which the well is located, the	15656
identity of the owner of the oil or gas lease under which the well	15657
was drilled or the identity of each person owning an interest in	15658
the lease, and the identities of the persons having legal title	15659
to, or a lien upon, any of the equipment appurtenant to the well;	15660

(b) Mail notice to the owner of the land on which the well is	15661
located informing the landowner that the well is to be plugged. If	15662
the owner of the oil or gas lease under which the well was drilled	15663
is different from the owner of the well or if any persons other	15664
than the owner of the well own interests in the lease, the chief	15665
also shall mail notice that the well is to be plugged to the owner	15666
of the lease or to each person owning an interest in the lease, as	15667
appropriate.	15668

(c) Mail notice to each person having legal title to, or a	15669
lien upon, any equipment appurtenant to the well, informing the	15670
person that the well is to be plugged and offering the person the	15671
opportunity to plug the well and restore the land surface at the	15672
well site at the person's own expense in order to avoid forfeiture	15673
of the equipment to this state.	15674

(2) If none of the persons described in division (C)(1)(c) of	15675
this section plugs the well within sixty days after the mailing of	15676
the notice required by that division, all equipment appurtenant to	15677
the well is hereby declared to be forfeited to this state without	15678
compensation and without the necessity for any action by the state	15679
for use to defray the cost of plugging and abandoning the well and	15680
restoring the land surface at the well site.	15681

(D) Expenditures from the fund for the purpose of division	15682
(B)(1) of this section shall be made in accordance with either of	15683
the following:	15684

(1) The expenditures may be made pursuant to contracts	15685
entered into by the chief with persons who agree to furnish all of	15686
the materials, equipment, work, and labor as specified and	15687
provided in such a contract for activities associated with the	15688
restoration or plugging of a well as determined by the chief. The	15689
activities may include excavation to uncover a well, geophysical	15690
methods to locate a buried well when clear evidence of leakage	15691
from the well exists, cleanout of wellbores to remove material	15692
from a failed plugging of a well, plugging operations,	15693
installation of vault and vent systems, including associated	15694
engineering certifications and permits, restoration of property,	15695
and repair of damage to property that is caused by such	15696
activities. Expenditures shall not be used for salaries,	15697
maintenance, equipment, or other administrative purposes, except	15698
for costs directly attributed to the plugging of an idle and	15699
orphaned well. Agents or employees of persons contracting with the	15700
chief for a restoration or plugging project may enter upon any	15701
land, public or private, on which the well is located for the	15702
purpose of performing the work. Prior to such entry, the chief	15703
shall give to the following persons written notice of the	15704
existence of a contract for a project to restore or plug a well,	15705
the names of the persons with whom the contract is made, and the	15706
date that the project will commence: the owner of the well, the	15707
owner of the land upon which the well is located, the owner or	15708
agents of adjoining land, and, if the well is located in the same	15709
township as or in a township adjacent to the excavations and	15710
workings of a mine and the owner or lessee of that mine has	15711
provided written notice identifying those townships to the chief	15712
at any time during the immediately preceding three years, the	15713
owner or lessee of the mine.	15714

(2)(a) The owner of the land on which a well is located who	15715
has received notice under division (C)(1)(b) of this section may	15716
plug the well and be reimbursed by the division of oil and gas	15717
resources management for the reasonable cost of plugging the well.	15718
In order to plug the well, the landowner shall submit an	15719
application to the chief on a form prescribed by the chief and	15720
approved by the technical advisory council on oil and gas created	15721
in section 1509.38 of the Revised Code. The application, at a	15722
minimum, shall require the landowner to provide the same	15723
information as is required to be included in the application for a	15724
permit to plug and abandon under section 1509.13 of the Revised	15725
Code. The application shall be accompanied by a copy of a proposed	15726
contract to plug the well prepared by a contractor regularly	15727
engaged in the business of plugging oil and gas wells. The	15728
proposed contract shall require the contractor to furnish all of	15729
the materials, equipment, work, and labor necessary to plug the	15730
well properly and shall specify the price for doing the work,	15731
including a credit for the equipment appurtenant to the well that	15732
was forfeited to the state through the operation of division	15733
(C)(2) of this section. Expenditures under division (D)(2)(a) of	15734
this section shall be consistent with the expenditures for	15735
activities described in division (D)(1) of this section. The	15736
application also shall be accompanied by the permit fee required	15737
by section 1509.13 of the Revised Code unless the chief, in the	15738
chief's discretion, waives payment of the permit fee. The	15739
application constitutes an application for a permit to plug and	15740
abandon the well for the purposes of section 1509.13 of the	15741
Revised Code.	15742

(b) Within thirty days after receiving an application and	15743
accompanying proposed contract under division (D)(2)(a) of this	15744
section, the chief shall determine whether the plugging would	15745
comply with the applicable requirements of this chapter and	15746
applicable rules adopted and orders issued under it and whether	15747
the cost of the plugging under the proposed contract is	15748
reasonable. If the chief determines that the proposed plugging	15749
would comply with those requirements and that the proposed cost of	15750
the plugging is reasonable, the chief shall notify the landowner	15751
of that determination and issue to the landowner a permit to plug	15752
and abandon the well under section 1509.13 of the Revised Code.	15753
Upon approval of the application and proposed contract, the chief	15754
shall transfer ownership of the equipment appurtenant to the well	15755
to the landowner. The chief may disapprove an application	15756
submitted under division (D)(2)(a) of this section if the chief	15757
determines that the proposed plugging would not comply with the	15758
applicable requirements of this chapter and applicable rules	15759
adopted and orders issued under it, that the cost of the plugging	15760
under the proposed contract is unreasonable, or that the proposed	15761
contract is not a bona fide, arm's length contract.	15762

(c) After receiving the chief's notice of the approval of the	15763
application and permit to plug and abandon a well under division	15764
(D)(2)(b) of this section, the landowner shall enter into the	15765
proposed contract to plug the well.	15766

(d) Upon determining that the plugging has been completed in	15767
compliance with the applicable requirements of this chapter and	15768
applicable rules adopted and orders issued under it, the chief	15769
shall reimburse the landowner for the cost of the plugging as set	15770
forth in the proposed contract approved by the chief. The	15771
reimbursement shall be paid from the oil and gas well fund. If the	15772
chief determines that the plugging was not completed in accordance	15773
with the applicable requirements, the chief shall not reimburse	15774
the landowner for the cost of the plugging, and the landowner or	15775
the contractor, as applicable, promptly shall transfer back to	15776
this state title to and possession of the equipment appurtenant to	15777
the well that previously was transferred to the landowner under	15778
division (D)(2)(b) of this section. If any such equipment was	15779
removed from the well during the plugging and sold, the landowner	15780
shall pay to the chief the proceeds from the sale of the	15781
equipment, and the chief promptly shall pay the moneys so received	15782
to the treasurer of state for deposit into the oil and gas well	15783
fund.	15784

The chief may establish an annual limit on the number of	15785
wells that may be plugged under division (D)(2) of this section or	15786
an annual limit on the expenditures to be made under that	15787
division.	15788

As used in division (D)(2) of this section, "plug" and	15789
"plugging" include the plugging of the well and the restoration of	15790
the land surface disturbed by the plugging.	15791

(E) Expenditures from the oil and gas well fund for the	15792
purpose of division (B)(2) of this section may be made pursuant to	15793
contracts entered into by the chief with persons who agree to	15794
furnish all of the materials, equipment, work, and labor as	15795
specified and provided in such a contract. The competitive bidding	15796
requirements of Chapter 153. of the Revised Code do not apply if	15797
the chief reasonably determines that an emergency situation exists	15798
requiring immediate action for the correction of the applicable	15799
health or safety risk ~~requires immediate action~~. A contract or	15800
purchase of materials for purposes of addressing the emergency	15801
situation is not subject to division (B) of section 127.16 of the	15802
Revised Code. The chief, designated representatives of the chief,	15803
and agents or employees of persons contracting with the chief	15804
under this division may enter upon any land, public or private,	15805
for the purpose of performing the work.	15806

(F) Contracts entered into by the chief under this section	15807
are not subject to ~~either~~any of the following:	15808

(1) Chapter 4115. of the Revised Code;

15809

(2) Section 153.54 of the Revised Code, except that the	15810
contractor shall obtain and provide to the chief as a bid guaranty	15811
a surety bond or letter of credit in an amount equal to ten per	15812
cent of the amount of the contract;	15813

(3) Section 4733.17 of the Revised Code.

15814

(G) The owner of land on which a well is located who has	15815
received notice under division (C)(1)(b) of this section, in lieu	15816
of plugging the well in accordance with division (D)(2) of this	15817
section, may cause ownership of the well to be transferred to an	15818
owner who is lawfully doing business in this state and who has met	15819
the financial responsibility requirements established under	15820
section 1509.07 of the Revised Code, subject to the approval of	15821
the chief. The transfer of ownership also shall be subject to the	15822
landowner's filing the appropriate forms required under section	15823
1509.31 of the Revised Code and providing to the chief sufficient	15824
information to demonstrate the landowner's or owner's right to	15825
produce a formation or formations. That information may include a	15826
deed, a lease, or other documentation of ownership or property	15827
rights.	15828

The chief shall approve or disapprove the transfer of	15829
ownership of the well. If the chief approves the transfer, the	15830
owner is responsible for operating the well in accordance with	15831
this chapter and rules adopted under it, including, without	15832
limitation, all of the following:	15833

(1) Filing an application with the chief under section	15834
1509.06 of the Revised Code if the owner intends to drill deeper	15835
or produce a formation that is not listed in the records of the	15836
division for that well;	15837

(2) Taking title to and possession of the equipment	15838
appurtenant to the well that has been identified by the chief as	15839
having been abandoned by the former owner;	15840

(3) Complying with all applicable requirements that are	15841
necessary to drill deeper, plug the well, or plug back the well.	15842

(H) The chief shall issue an order that requires the owner of	15843
a well to pay the actual documented costs of a corrective action	15844
that is described in division (B)(2) of this section concerning	15845
the well. The chief shall transmit the money so recovered to the	15846
treasurer of state who shall deposit the money in the state	15847
treasury to the credit of the oil and gas well fund.	15848

(I) The chief may engage in cooperative projects under this	15849
section with any agency of this state, another state, or the	15850
United States; any other governmental agencies; or any state	15851
university or college as defined in section 3345.27 of the Revised	15852
Code. A contract entered into for purposes of a cooperative	15853
project is not subject to division (B) of section 127.16 of the	15854
Revised Code.	15855

Sec. 1509.36. Any person adversely affected by an order by	15856
the chief of the division of oil and gas resources management may	15857
appeal to the oil and gas commission for an order vacating or	15858
modifying the order.	15859

The person so appealing to the commission shall be known as	15860
appellant and the chief shall be known as appellee. Appellant and	15861
appellee shall be deemed to be parties to the appeal.	15862

The appeal shall be in writing and shall set forth the order	15863
complained of and the grounds upon which the appeal is based. The	15864
appeal shall be filed with the commission within thirty days after	15865
the date upon which the appellant received notice by certified	15866
mail and, for all other persons adversely affected by the order,	15867
within thirty days after the date of the order complained of.	15868
Notice of the filing of the appeal shall be filed with the chief	15869
within three days after the appeal is filed with the commission.	15870

Upon the filing of the appeal the commission promptly shall	15871
fix the time and place at which the hearing on the appeal will be	15872
held, and shall give the appellant and the chief at least ten	15873
days' written notice thereof by mail. The commission may postpone	15874
or continue any hearing upon its own motion or upon application of	15875
the appellant or of the chief.	15876

The filing of an appeal provided for in this section does not	15877
automatically suspend or stay execution of the order appealed	15878
from, but upon application by the appellant the commission may	15879
suspend or stay the execution pending determination of the appeal	15880
upon such terms as the commission considers proper.	15881

Either party to the appeal or any interested person who,	15882
pursuant to commission rules has been granted permission to	15883
appear, may submit such evidence as the commission considers	15884
admissible.	15885

For the purpose of conducting a hearing on an appeal, the	15886
commission may require the attendance of witnesses and the	15887
production of books, records, and papers, and it may, and at the	15888
request of any party it shall, issue subpoenas for witnesses or	15889
subpoenas duces tecum to compel the production of any books,	15890
records, or papers, directed to the sheriffs of the counties where	15891
the witnesses are found. The subpoenas shall be served and	15892
returned in the same manner as subpoenas in criminal cases are	15893
served and returned. The fees of sheriffs shall be the same as	15894
those allowed by the court of common pleas in criminal cases.	15895
Witnesses shall be paid the fees and mileage provided for under	15896
section 119.094 of the Revised Code. Such fees and mileage	15897
expenses incurred at the request of appellant shall be paid in	15898
advance by the appellant, and the remainder of those expenses	15899
shall be paid out of funds appropriated for the expenses of the	15900
division of oil and gas resources management.	15901

In case of disobedience or neglect of any subpoena served on	15902
any person, or the refusal of any witness to testify to any matter	15903
regarding which the witness may be lawfully interrogated, the	15904
court of common pleas of the county in which the disobedience,	15905
neglect, or refusal occurs, or any judge thereof, on application	15906
of the commission or any member thereof, shall compel obedience by	15907
attachment proceedings for contempt as in the case of disobedience	15908
of the requirements of a subpoena issued from that court or a	15909
refusal to testify therein. Witnesses at such hearings shall	15910
testify under oath, and any member of the commission may	15911
administer oaths or affirmations to persons who so testify.	15912

At the request of any party to the appeal, a ~~stenographic~~	15913
record of the testimony and other evidence submitted shall be	15914
taken by an official court ~~shorthand~~ reporter at the expense of	15915
the party making the request ~~therefor~~for the record. The record	15916
shall include all of the testimony and other evidence and the	15917
rulings on the admissibility thereof presented at the hearing. The	15918
commission shall pass upon the admissibility of evidence, but any	15919
party may at the time object to the admission of any evidence and	15920
except to the rulings of the commission thereon, and if the	15921
commission refuses to admit evidence the party offering same may	15922
make a proffer thereof, and such proffer shall be made a part of	15923
the record of the hearing.	15924

If upon completion of the hearing the commission finds that	15925
the order appealed from was lawful and reasonable, it shall make a	15926
written order affirming the order appealed from; if the commission	15927
finds that the order was unreasonable or unlawful, it shall make a	15928
written order vacating the order appealed from and making the	15929
order that it finds the chief should have made. Every order made	15930
by the commission shall contain a written finding by the	15931
commission of the facts upon which the order is based.	15932

Notice of the making of the order shall be given forthwith to	15933
each party to the appeal by mailing a certified copy thereof to	15934
each such party by certified mail.	15935

The order of the commission is final unless vacated by the	15936
court of common pleas of Franklin county in an appeal as provided	15937
for in section 1509.37 of the Revised Code. Sections 1509.01 to	15938
1509.37 of the Revised Code, providing for appeals relating to	15939
orders by the chief or by the commission, or relating to rules	15940
adopted by the chief, do not constitute the exclusive procedure	15941
that any person who believes the person's rights to be unlawfully	15942
affected by those sections or any official action taken thereunder	15943
must pursue in order to protect and preserve those rights, nor do	15944
those sections constitute a procedure that that person must pursue	15945
before that person may lawfully appeal to the courts to protect	15946
and preserve those rights.	15947

Sec. 1533.081. (A) As used in this section:

15948

(1) "Energy" has the same meaning as in section 1551.01 of	15949
the Revised Code.	15950

(2) "Energy facility" means a facility at which energy is	15951
produced.	15952

(B) A person desiring to take a wild animal that is	15953
interfering with, or may interfere with, the operations of an	15954
energy facility shall obtain a permit to do so from the chief of	15955
the division of wildlife under this section. The chief shall adopt	15956
rules under section 1531.10 of the Revised Code that are necessary	15957
to administer this section.	15958

Sec. 1541.26. There is hereby created in the state treasury	15959
the parks mineral royalties fund. The fund shall consist of money	15960
deposited into it under section 1509.73 of the Revised Code and	15961
money transferred to it under section 1503.012 of the Revised	15962
Code. Any investment proceeds earned on money in the fund shall be	15963
credited to the fund.	15964

Money in the fund shall be used by the division of parks and	15965
recreation to acquire land and to pay capital costs, including	15966
equipment and repairs and renovations of facilities, that are	15967
owned by the state and administered by the division. Expenditures	15968
from the fund shall be approved by the director of natural	15969
resources.	15970

Sec. 1551.33. (A) The director of development shall appoint	15971
and fix the compensation of the director of the Ohio coal	15972
development office. The director shall serve at the pleasure of	15973
the director of development.	15974

(B) The director of the office shall do all of the following:

15975

(1) Biennially prepare and maintain the Ohio coal development	15976
agenda required under section 1551.34 of the Revised Code;	15977

(2) Propose and support policies for the office consistent	15978
with the Ohio coal development agenda and develop means to	15979
implement the agenda;	15980

(3) Initiate, undertake, and support projects to carry out	15981
the office's purposes and ensure that the projects are consistent	15982
with and meet the selection criteria established by the Ohio coal	15983
development agenda;	15984

(4) Actively encourage joint participation in and, when	15985
feasible, joint funding of the office's projects with governmental	15986
agencies, electric utilities, universities and colleges, other	15987
public or private interests, or any other person;	15988

(5) Establish a table of organization for and employ such	15989
employees and agents as are necessary for the administration and	15990
operation of the office. Any such employees shall be in the	15991
unclassified service and shall serve at the pleasure of the	15992
director of development.	15993

(6) Appoint specified members of and convene the technical	15994
advisory committee established under section 1551.35 of the	15995
Revised Code;	15996

(7) Review, with the assistance of the technical advisory	15997
committee, proposed coal research and development projects as	15998
defined in section 1555.01 of the Revised Code, and coal	15999
development projects, submitted to the office by public utilities	16000
for the purpose of section 4905.304 of the Revised Code. If the	16001
director and the advisory committee determine that any such	16002
facility or project has as its purpose the enhanced use of Ohio	16003
coal in an environmentally acceptable, cost effective manner,	16004
promotes energy conservation, is cost effective, and is	16005
environmentally sound, the director shall submit to the public	16006
utilities commission a report recommending that the commission	16007
allow the recovery of costs associated with the facility or	16008
project under section 4905.304 of the Revised Code and including	16009
the reasons for the recommendation.	16010

(8) Establish such policies, procedures, and guidelines as	16011
are necessary to achieve the office's purposes.	16012

(C) ~~The~~With the approval of the director of development, the	16013
director of the office may exercise any of the powers and duties	16014
that the director of ~~the office~~development considers appropriate	16015
or desirable to achieve the office's purposes, including, but not	16016
limited to, the powers and duties enumerated in sections 1551.11,	16017
1551.12, and 1551.15 of the Revised Code.	16018

Additionally, the director of the office may make loans to	16019
governmental agencies or persons for projects to carry out the	16020
office's purposes. Fees, charges, rates of interest, times of	16021
payment of interest and principal, and other terms, conditions,	16022
and provisions of the loans shall be such as the director of the	16023
office determines to be appropriate and in furtherance of the	16024
purposes for which the loans are made. The mortgage lien securing	16025
any moneys lent by the director of the office may be subordinate	16026
to the mortgage lien securing any moneys lent or invested by a	16027
financial institution, but shall be superior to that securing any	16028
moneys lent or expended by any other person. The moneys used in	16029
making the loans shall be disbursed upon order of the director of	16030
the office.	16031

Sec. 1555.02. It is hereby declared to be the public policy	16032
of this state through the operations of the Ohio coal development	16033
office under this chapter to contribute toward one or more of the	16034
following: to provide for the comfort, health, safety, and general	16035
welfare of all employees and other inhabitants of this state	16036
through research and development directed toward the discovery of	16037
new technologies or the demonstration or application of existing	16038
technologies to enable the conversion or use of Ohio coal as a	16039
fuel or chemical feedstock in an environmentally acceptable manner	16040
thereby enhancing the marketability and fostering the use of this	16041
state's vast reserves of coal, to assist in the financing of coal	16042
research and development and coal research and development	16043
projects or facilities for persons doing business in this state	16044
and educational and scientific institutions located in this state,	16045
to create or preserve jobs and employment opportunities or improve	16046
the economic welfare of the people of this state, or to assist and	16047
cooperate with such persons and educational and scientific	16048
institutions in conducting coal research and development. In	16049
furtherance of this public policy, the Ohio coal development	16050
office, with the advice of the technical advisory committee	16051
created in section 1551.35 of the Revised Code and the approval of	16052
the director of development, may make loans, guarantee loans, and	16053
make grants to persons doing business in this state or to	16054
educational or scientific institutions located in this state for	16055
coal research and development projects by such persons or	16056
educational or scientific institutions; may, with the advice of	16057
the technical advisory committee and the approval of the director	16058
of development, request the issuance of coal research and	16059
development general obligations under section 151.07 of the	16060
Revised Code to provide funds for making such loans, loan	16061
guarantees, and grants; and may, with the advice of the technical	16062
advisory committee and the approval of the director of	16063
development, expend moneys credited to the coal research and	16064
development fund created in section 1555.15 of the Revised Code	16065
for the purpose of making such loans, loan guarantees, and grants.	16066
Determinations by the director of the Ohio coal development office	16067
that coal research and development or a coal research and	16068
development facility is a coal research and development project	16069
under this chapter and is consistent with the purposes of Section	16070
15 of Article VIII, Ohio Constitution, and this chapter shall be	16071
conclusive as to the validity and enforceability of the coal	16072
research and development general obligations issued to finance	16073
such project and of the authorizations, trust agreements or	16074
indentures, loan agreements, loan guarantee agreements, or grant	16075
agreements, and other agreements made in connection therewith, all	16076
in accordance with their terms.	16077

Sec. 1555.03. For the purposes of this chapter, the director	16078
of the Ohio coal development office may:	16079

(A) With the advice of the technical advisory committee	16080
created in section 1551.35 of the Revised Code and the approval of	16081
the director of development, make loans, guarantee loans, and make	16082
grants to persons doing business in this state or to educational	16083
or scientific institutions located in this state for coal research	16084
and development projects by any such person or educational or	16085
scientific institution and adopt rules under Chapter 119. of the	16086
Revised Code for making such loans, guarantees, and grants.	16087

(B) In making loans, loan guarantees, and grants under	16088
division (A) of this section and section 1555.04 of the Revised	16089
Code, the director of the office shall ensure that an adequate	16090
portion of the total amount of those loans, loan guarantees, and	16091
grants, as determined by the director with the advice of the	16092
technical advisory committee, is used for conducting research on	16093
fundamental scientific problems related to the utilization of Ohio	16094
coal and shall ensure, to the maximum feasible extent, joint	16095
financial participation by the federal government or other	16096
investors or interested parties in conjunction with any such loan,	16097
loan guarantee, or grant. The director, in each grant agreement or	16098
contract under division (A) of this section, loan contract or	16099
agreement under this division or section 1555.04 of the Revised	16100
Code, and contract of guarantee under section 1555.05 of the	16101
Revised Code, shall require that the facility or project be	16102
maintained and kept in good condition and repair by the person or	16103
educational or scientific institution to whom the grant or loan	16104
was made or for whom the guarantee was made.	16105

(C) From time to time, with the advice of the technical	16106
advisory committee and the approval of the director of	16107
development, request the issuance of coal research and development	16108
general obligations under section 151.07 of the Revised Code, for	16109
any of the purposes set forth in Section 15 of Article VIII, Ohio	16110
Constitution, and subject to the limitations therein upon the	16111
aggregate total amount of obligations that may be outstanding at	16112
any time.	16113

(D) Include as a condition of any loan, loan guarantee, or	16114
grant contract or agreement with any such person or educational or	16115
scientific institution that the director of the office receive, in	16116
addition to payments of principal and interest on any such loan or	16117
service charges for any such guarantee, as appropriate, as	16118
authorized by Section 15,of Article VIII, Ohio Constitution, a	16119
reasonable royalty or portion of the income or profits arising out	16120
of the developments, discoveries, or inventions, including patents	16121
or copyrights, that result in whole or in part from coal research	16122
and development projects conducted under any such contract or	16123
agreement, in such amounts and for such period of years as may be	16124
negotiated and provided by the contract or agreement in advance of	16125
the making of the grant, loan, or loan guarantee. Moneys received	16126
by the director of the office under this section may be credited	16127
to the coal research and development bond service fund or used to	16128
make additional loans, loan guarantees, grants, or agreements	16129
under this section.	16130

(E) Employ managers, superintendents, and other employees and	16131
retain or contract with consulting engineers, financial	16132
consultants, accounting experts, architects, and such other	16133
consultants and independent contractors as are necessary in the	16134
judgment of the director of the office to carry out this chapter,	16135
and fix the compensation thereof.	16136

(F) Receive and accept from any federal agency, subject to	16137
the approval of the governor, grants for or in aid of the	16138
construction or operation of any coal research and development	16139
project or for coal research and development, and receive and	16140
accept aid or contributions from any source of money, property,	16141
labor, or other things of value, to be held, used, and applied	16142
only for the purposes for which such grants and contributions are	16143
made.	16144

(G) Purchase fire and extended coverage and liability	16145
insurance for any coal research and development project, insurance	16146
protecting the office and its officers and employees against	16147
liability for damage to property or injury to or death of persons	16148
arising from its operations, and any other insurance the director	16149
of the office determines necessary or proper under this chapter.	16150
Any moneys received by the director from the proceeds of any such	16151
insurance with respect to a coal research and development project	16152
and any moneys received by the director from the proceeds of any	16153
settlement, judgment, foreclosure, or other insurance with respect	16154
to a coal research and development project or facility shall be	16155
credited to the coal research and development bond service fund.	16156

(H) In the exercise of the powers of the director of the	16157
office under this chapter, call to the director's assistance,	16158
temporarily, from time to time, any engineers, technical experts,	16159
financial experts, and other employees in any state department,	16160
agency, or commission, or in the Ohio state university, or other	16161
educational institutions financed wholly or partially by this	16162
state for purposes of assisting the director of the office with	16163
reviewing and evaluating applications for financial assistance	16164
under this chapter, monitoring performance of coal research and	16165
development projects receiving financial assistance under this	16166
chapter, and reviewing and evaluating the progress and findings of	16167
those projects. Such engineers, experts, and employees shall not	16168
receive any additional compensation over that which they receive	16169
from the department, agency, commission, or educational	16170
institution by which they are employed, but they shall be	16171
reimbursed for their actual and necessary expenses incurred while	16172
working under the direction of the director.	16173

(I) Do all acts necessary or proper to carry out the powers	16174
expressly granted in this chapter.	16175

Sec. 1555.04. (A) With respect to coal research and	16176
development projects financed wholly or partially from a loan or	16177
loan guarantee under this chapter, the director of the Ohio coal	16178
development office, in addition to other powers under this	16179
chapter, with the advice of the technical advisory committee	16180
created in section 1551.35 of the Revised Code and the approval of	16181
the director of development, may enter into loan agreements,	16182
accept notes and other forms of obligation to evidence such	16183
indebtedness and mortgages, liens, pledges, assignments, or other	16184
security interests to secure such indebtedness, which may be prior	16185
or subordinate to or on a parity with other indebtedness,	16186
obligations, mortgages, pledges, assignments, other security	16187
interests, or liens or encumbrances, and take such actions as the	16188
director of the office considers appropriate to protect such	16189
security and safeguard against losses, including, without	16190
limitation, foreclosure and the bidding upon and purchase of	16191
property upon foreclosure or other sale.	16192

(B) The authority granted by this section is cumulative and	16193
supplementary to all other authority granted in this chapter. The	16194
authority granted by this section does not alter or impair any	16195
similar authority granted elsewhere in this chapter with respect	16196
to other projects.	16197

Sec. 1555.05. (A) Subject to any limitations as to aggregate	16198
amounts thereof that may from time to time be prescribed by the	16199
general assembly and to other applicable provisions of this	16200
chapter, and subject to the one-hundred-million-dollar limitation	16201
provided in Section 15 of Article VIII, Ohio Constitution, the	16202
director of the Ohio coal development office, on behalf of this	16203
state, with the advice of the technical advisory committee created	16204
in section 1551.35 of the Revised Code and the approval of the	16205
director of development, may enter into contracts to guarantee the	16206
repayment or payment of the unpaid principal amount of loans made	16207
to pay the costs of coal research and development projects.	16208

(B) The contract of guarantee may make provision for the	16209
conditions of, time for, and manner of fulfillment of the	16210
guarantee commitment, subrogation of this state to the rights of	16211
the parties guaranteed and exercise of such parties' rights by the	16212
state, giving the state the option of making payment of the	16213
principal amount guaranteed in one or more installments and, if	16214
deferred, to pay interest thereon from the source specified in	16215
division (A) of this section, and any other terms or conditions	16216
customary to such guarantees and as the director of the office may	16217
approve, and may contain provisions for securing the guarantee in	16218
the manner consistent with this section, covenants on behalf of	16219
this state to issue obligations under section 1555.08 of the	16220
Revised Code to provide moneys to fulfill such guarantees and	16221
covenants, and covenants restricting the aggregate amount of	16222
guarantees that may be contracted under this section and	16223
obligations that may be issued under section 151.07 of the Revised	16224
Code, and terms pertinent to either, to better secure the parties	16225
guaranteed.	16226

(C) The director of the office may fix service charges for	16227
making a guarantee. Such charges shall be payable at such times	16228
and place and in such amounts and manner as may be prescribed by	16229
the director. Moneys received from such charges shall be credited	16230
to the coal research and development bond service fund.	16231

(D) Any guaranteed parties under this section, by any	16232
suitable form of legal proceedings and except to the extent that	16233
their rights are restricted by the guarantee documents, may	16234
protect and enforce any rights under the laws of this state or	16235
granted by such guarantee or guarantee documents. Such rights	16236
include the right to compel the performance of all duties of the	16237
office required by this section or the guarantee or guarantee	16238
documents; and in the event of default with respect to the payment	16239
of any guarantees, to apply to a court having jurisdiction of the	16240
cause to appoint a receiver to receive and administer the moneys	16241
pledged to such guarantee with full power to pay, and to provide	16242
for payment of, such guarantee, and with such powers, subject to	16243
the direction of the court, as are accorded receivers in general	16244
equity cases, excluding any power to pledge or apply additional	16245
revenues or receipts or other income or moneys of this state. Each	16246
duty of the office and its director and employees required or	16247
undertaken under this section or a guarantee made under this	16248
section is hereby established as a duty of the office and of its	16249
director and each such employee having authority to perform such	16250
duty, specifically enjoined by the law resulting from an office,	16251
trust, or station within the meaning of section 2731.01 of the	16252
Revised Code. The persons who are at the time the director of the	16253
office, or its employees, are not liable in their personal	16254
capacities on any guarantees or contracts to make guarantees by	16255
the director.	16256

Sec. 1555.06. Upon application by the director of the Ohio	16257
coal development office with the approval of the director of	16258
development, the controlling board, from appropriations available	16259
to the board, may provide funds for surveys or studies by the	16260
office of any proposed coal research and development project	16261
subject to repayment by the office from funds available to it,	16262
within the time fixed by the board. Funds to be repaid shall be	16263
charged by the office to the appropriate coal research and	16264
development project and the amount thereof shall be a cost of the	16265
project. This section does not abrogate the authority of the	16266
controlling board to otherwise provide funds for use by the office	16267
in the exercise of the powers granted to it by this chapter.	16268

Sec. 1571.14. Any person claiming to be aggrieved or	16269
adversely affected by an order of the chief of the division of oil	16270
and gas resources management made as provided in section 1571.10	16271
or 1571.16 of the Revised Code may appeal to the director of	16272
natural resources for an order vacating or modifying such order.	16273
Upon receipt of the appeal, the director shall appoint an	16274
individual who has knowledge of the laws and rules regarding the	16275
underground storage of gas and who shall act as a hearing officer	16276
in accordance with Chapter 119. of the Revised Code in hearing the	16277
appeal.	16278

The person appealing to the director shall be known as	16279
appellant and the chief shall be known as appellee. The appellant	16280
and the appellee shall be deemed parties to the appeal.	16281

The appeal shall be in writing and shall set forth the order	16282
complained of and the grounds upon which the appeal is based. The	16283
appeal shall be filed with the director within thirty days after	16284
the date upon which appellant received notice by registered mail	16285
of the making of the order complained of, as required by section	16286
1571.10 of the Revised Code. Notice of the filing of such appeal	16287
shall be delivered by appellant to the chief within three days	16288
after the appeal is filed with the director.	16289

Within seven days after receipt of the notice of appeal the	16290
chief shall prepare and certify to the director at the expense of	16291
appellant a complete transcript of the proceedings out of which	16292
the appeal arises, including a transcript of the testimony	16293
submitted to the chief.	16294

Upon the filing of the appeal the director shall fix the time	16295
and place at which the hearing on the appeal will be held, and	16296
shall give appellant and the chief at least ten days' written	16297
notice thereof by mail. The director may postpone or continue any	16298
hearing upon the director's own motion or upon application of	16299
appellant or of the chief.	16300

The filing of an appeal provided for in this section does not	16301
automatically suspend or stay execution of the order appealed	16302
from, but upon application by the appellant the director may	16303
suspend or stay such execution pending determination of the appeal	16304
upon such terms as the director deems proper.	16305

The hearing officer appointed by the director shall hear the	16306
appeal de novo, and either party to the appeal may submit such	16307
evidence as the hearing officer deems admissible.	16308

For the purpose of conducting a hearing on an appeal, the	16309
hearing officer may require the attendance of witnesses and the	16310
production of books, records, and papers, and may, and at the	16311
request of any party shall, issue subpoenas for witnesses or	16312
subpoenas duces tecum to compel the production of any books,	16313
records, or papers, directed to the sheriffs of the counties where	16314
such witnesses are found, which subpoenas shall be served and	16315
returned in the same manner as subpoenas in criminal cases are	16316
served and returned. The fees of sheriffs shall be the same as	16317
those allowed by the court of common pleas in criminal cases.	16318
Witnesses shall be paid the fees and mileage provided for under	16319
section 119.094 of the Revised Code. Such fee and mileage expenses	16320
incurred at the request of appellant shall be paid in advance by	16321
appellant, and the remainder of such expenses shall be paid out of	16322
funds appropriated for the expenses of the division of oil and gas	16323
resources management.	16324

In case of disobedience or neglect of any subpoena served on	16325
any person, or the refusal of any witness to testify to any matter	16326
regarding which the witness may be lawfully interrogated, the	16327
court of common pleas of the county in which such disobedience,	16328
neglect, or refusal occurs, or any judge thereof, on application	16329
of the director, shall compel obedience by attachment proceedings	16330
for contempt as in the case of disobedience of the requirements of	16331
a subpoena issued from such court or a refusal to testify therein.	16332
Witnesses at such hearings shall testify under oath, and the	16333
hearing officer may administer oaths or affirmations to persons	16334
who so testify.	16335

At the request of any party to the appeal, a ~~stenographic~~	16336
record of the testimony and other evidence submitted shall be	16337
taken by an official court ~~shorthand~~ reporter at the expense of	16338
the party making the request ~~therefor~~for the record. The record	16339
shall include all of the testimony and other evidence and the	16340
rulings on the admissibility thereof presented at the hearing. The	16341
hearing officer shall pass upon the admissibility of evidence, but	16342
any party may at the time object to the admission of any evidence	16343
and except to the ruling of the hearing officer thereon, and if	16344
the hearing officer refuses to admit evidence, the party offering	16345
same may make a proffer thereof, and such proffer shall be made a	16346
part of the record of such hearing.	16347

If upon completion of the hearing the hearing officer finds	16348
that the order appealed from was lawful and reasonable, the	16349
hearing officer shall make a written order affirming the order	16350
appealed from. If the hearing officer finds that such order was	16351
unreasonable or unlawful, the hearing officer shall make a written	16352
order vacating the order appealed from and making the order that	16353
it finds the chief should have made. Every order made by the	16354
hearing officer shall contain a written finding by the hearing	16355
officer of the facts upon which the order is based. Notice of the	16356
making of such order shall be given forthwith to each party to the	16357
appeal by mailing a certified copy thereof to each such party by	16358
registered mail.	16359

Sec. 1701.86. (A) A corporation may be dissolved voluntarily	16360
in the manner provided in this section, provided the provisions of	16361
Chapter 1704. of the Revised Code do not prevent the dissolution	16362
from being effected.	16363

(B) A resolution of dissolution for a corporation shall set	16364
forth that the corporation elects to be dissolved. The resolution	16365
also may include any of the following:	16366

(1) The date on which the certificate of dissolution is to be	16367
filed or the conditions or events that will result in the filing	16368
of the certificate;	16369

(2) Authorization for the officers or directors to abandon	16370
the proposed dissolution before the filing of the certificate of	16371
dissolution;	16372

(3) Any additional provision considered necessary with	16373
respect to the proposed dissolution and winding up.	16374

(C) If an initial stated capital is not set forth in the	16375
articles then before the corporation begins business, or if an	16376
initial stated capital is set forth in the articles then before	16377
subscriptions to shares shall have been received in the amount of	16378
that initial stated capital, the incorporators or a majority of	16379
them may adopt, by a writing signed by each of them, a resolution	16380
of dissolution.	16381

(D) The directors may adopt a resolution of dissolution in	16382
any of the following cases:	16383

(1) When the corporation has been adjudged bankrupt or has	16384
made a general assignment for the benefit of creditors;	16385

(2) By leave of the court, when a receiver has been appointed	16386
in a general creditors' suit or in any suit in which the affairs	16387
of the corporation are to be wound up;	16388

(3) When substantially all of the assets have been sold at	16389
judicial sale or otherwise;	16390

(4) When the articles have been canceled for failure to file	16391
annual franchise or excise tax returns or for failure to pay	16392
franchise or excise taxes and the corporation has not been	16393
reinstated or does not desire to be reinstated;	16394

(5) When the period of existence of the corporation specified	16395
in its articles has expired.	16396

(E) The shareholders at a meeting held for such purpose may	16397
adopt a resolution of dissolution by the affirmative vote of the	16398
holders of shares entitling them to exercise two-thirds of the	16399
voting power of the corporation on such proposal or, if the	16400
articles provide or permit, by the affirmative vote of a greater	16401
or lesser proportion, though not less than a majority, of such	16402
voting power, and by such affirmative vote of the holders of	16403
shares of any particular class as is required by the articles.	16404
Notice of the meeting of the shareholders shall be given to all	16405
the shareholders whether or not entitled to vote at it.	16406

(F) Upon the adoption of a resolution of dissolution, a	16407
certificate shall be prepared, on a form prescribed by the	16408
secretary of state, setting forth all of the following:	16409

(1) The name of the corporation;

16410

(2) A statement that a resolution of dissolution has been	16411
adopted;	16412

(3) A statement of the manner of adoption of such resolution,	16413
and, in the case of its adoption by the incorporators or	16414
directors, a statement of the basis for such adoption;	16415

(4) The place in this state where its principal office is or	16416
is to be located;	16417

(5) The internet address of each domain name held or	16418
maintained by or on behalf of the corporation;	16419

(6) The name and address of its statutory agent;

16420

(7) The date of dissolution, if other than the filing date.	16421
The date of dissolution shall not be more than ninety days after	16422
the filing of the certificate of dissolution.	16423

(G) When the resolution of dissolution is adopted by the	16424
incorporators, the certificate shall be signed by not less than a	16425
majority of them. In all other cases, the certificate shall be	16426
signed by any authorized officer, unless the officer fails to	16427
execute and file such certificate within thirty days after the	16428
date upon which such certificate is to be filed. In that latter	16429
event, the certificate of dissolution may be signed by any three	16430
shareholders or, if there are less than three shareholders, all of	16431
the shareholders and shall set forth a statement that the persons	16432
signing the certificate are shareholders and are filing the	16433
certificate because of the failure of the officers to do so.	16434

(H) Except as otherwise provided in division (I) of this	16435
section, a certificate of dissolution, filed with the secretary of	16436
state, shall be accompanied by all of the following:	16437

(1) ~~An affidavit of one or more of the persons executing the~~	16438
~~certificate of dissolution or of an officer of the corporation~~	16439
~~containing a statement of the counties, if any, in this state in~~	16440
~~which the corporation has personal property or a statement that~~	16441
~~the corporation is of a type required to pay personal property~~	16442
~~taxes to state authorities only;~~	16443

~~(2)~~ A certificate or other evidence from the department of	16444
taxation showing that the ~~payment of all franchise, sales, use,~~	16445
~~and highway use taxes accruing up to the date of~~corporation has	16446
paid all taxes imposed under the laws of this state that are or	16447
will be due from the corporation on the date of the dissolution or	16448
showing that such payment has been adequately guaranteed, or an	16449
affidavit of one or more of the persons executing the certificate	16450
of dissolution or of an officer of the corporation containing a	16451
statement that the corporation is not required to pay or the	16452
department of taxation has not assessed any tax for which such a	16453
certificate or other evidence is not provided;	16454

~~(3) A certificate or other evidence showing the payment of~~	16455
~~all personal property and commercial activity taxes accruing up to~~	16456
~~the date of dissolution or showing that such payment has been~~	16457
~~adequately guaranteed, or an affidavit of one or more of the~~	16458
~~persons executing the certificate of dissolution or of an officer~~	16459
~~of the corporation containing a statement that the corporation is~~	16460
~~not required to pay or the department of taxation has not assessed~~	16461
~~any tax for which such a certificate or other evidence is not~~	16462
~~provided;~~	16463

~~(4)~~(2) A receipt, certificate, or other evidence from the	16464
director of job and family services showing that all contributions	16465
due from the corporation as an employer have been paid, or that	16466
such payment has been adequately guaranteed, or that the	16467
corporation is not subject to such contributions;	16468

~~(5)~~(3) A receipt, certificate, or other evidence from the	16469
bureau of workers' compensation showing that all premiums due from	16470
the corporation as an employer have been paid, or that such	16471
payment has been adequately guaranteed, or that the corporation is	16472
not subject to such premium payments.	16473

(I) In lieu of the receipt, certificate, or other evidence	16474
described in division (H)(2), (3), (4), or (5) of this section, an	16475
affidavit of one or more persons executing the certificate of	16476
dissolution or of an officer of the corporation containing a	16477
statement of the date upon which the particular department,	16478
agency, or authority was advised in writing of the scheduled	16479
effective date of the dissolution and was advised in writing of	16480
the acknowledgment by the corporation of the applicability of the	16481
provisions of section 1701.95 of the Revised Code.	16482

(J) Upon the filing of a certificate of dissolution and such	16483
accompanying documents or on a later date specified in the	16484
certificate that is not more than ninety days after the filing,	16485
the corporation shall be dissolved.	16486

Sec. 1702.47. (A) A corporation may be dissolved voluntarily	16487
in the manner provided in this section.	16488

(B) A resolution of dissolution for a corporation shall set	16489
forth:	16490

(1) That the corporation elects to be dissolved;

16491

(2) Any additional provision deemed necessary with respect to	16492
the proposed dissolution and winding up.	16493

(C) The directors may adopt a resolution of dissolution in	16494
the following cases:	16495

(1) When the corporation has been adjudged bankrupt or has	16496
made a general assignment for the benefit of creditors;	16497

(2) By leave of the court, when a receiver has been appointed	16498
in a general creditors' suit or in any suit in which the affairs	16499
of the corporation are to be wound up;	16500

(3) When substantially all of the assets have been sold at	16501
judicial sale or otherwise;	16502

(4) When the period of existence of the corporation specified	16503
in its articles has expired.	16504

(D)(1) The voting members at a meeting held for that purpose	16505
may adopt a resolution of dissolution by the affirmative vote of a	16506
majority of the voting members present in person or, if permitted,	16507
by mail, by proxy, or by the use of authorized communications	16508
equipment, if a quorum is present or, if the articles or the	16509
regulations provide or permit, by the affirmative vote of a	16510
greater or lesser proportion or number of the voting members, and	16511
by the affirmative vote of the voting members or the affirmative	16512
vote of the voting members of any particular class that is	16513
required by the articles or the regulations. Notice of the meeting	16514
of the members shall be sent to all the members who would be	16515
entitled to vote at the meeting by mail, overnight delivery	16516
service, or any authorized communications equipment.	16517

(2) For purposes of division (D)(1) of this section,	16518
participation by a voting member at a meeting through the use of	16519
any of the means of communication described in that division	16520
constitutes presence in person of that voting member at the	16521
meeting for purposes of determining a quorum.	16522

(E) Upon the adoption of a resolution of dissolution, a	16523
certificate shall be prepared, on a form prescribed by the	16524
secretary of state, setting forth the following:	16525

(1) The name of the corporation;

16526

(2) A statement that a resolution of dissolution has been	16527
adopted;	16528

(3) A statement of the manner of adoption of that resolution,	16529
and, in the case of its adoption by the directors, a statement of	16530
the basis for the adoption;	16531

(4) The place in this state where its principal office is or	16532
is to be located;	16533

(5) The names and addresses of its directors and officers;

16534

(6) The name and address of its statutory agent;

16535

(7) The date of dissolution, if other than the filing date.

16536

(F) The certificate described in division (E) of this section	16537
shall be signed by any authorized officer, unless the officer	16538
fails to execute and file the certificate within thirty days after	16539
the adoption of the resolution, or upon any date specified in the	16540
resolution as the date upon which the certificate is to be filed,	16541
or upon the expiration of any period specified in the resolution	16542
as the period within which the certificate is to be filed,	16543
whichever is latest, in which event the certificate of dissolution	16544
may be signed by any three voting members and shall set forth a	16545
statement that the persons signing the certificate are voting	16546
members and are filing the certificate because of the failure of	16547
the officers to do so.	16548

(G) A certificate of dissolution, filed with the secretary of	16549
state, shall be accompanied by:	16550

(1) ~~An affidavit of one or more of the persons executing the~~	16551
~~certificate of dissolution or of an officer of the corporation~~	16552
~~containing a statement of the counties, if any, in this state in~~	16553
~~which the corporation has personal property subject to personal~~	16554
~~property taxes or a statement that the corporation is of a type~~	16555
~~required to pay personal property taxes to state authorities only;~~	16556

~~(2) A receipt, certificate, or other evidence showing the~~	16557
~~payment of all personal property taxes accruing up to the date of~~	16558
~~such filing or, if applicable, to the later date specified in the~~	16559
~~certificate of dissolution in accordance with division (E) of this~~	16560
~~section, unless the affidavit provided for in division (G)(1) of~~	16561
~~this section states that the corporation has in this state no~~	16562
~~personal property subject to personal property taxes;~~	16563

~~(3)~~ A receipt, certificate, or other evidence from the	16564
director of job and family services showing that all contributions	16565
due from the corporation as an employer have been paid, that such	16566
payment has been adequately guaranteed, or that the corporation is	16567
not subject to such contributions;	16568

~~(4)~~(2) A receipt, certificate, or other evidence showing that	16569
the ~~payment of all sales, use, and highway use taxes accruing up~~	16570
~~to the date of such filing or, if applicable, to the later date~~	16571
~~specified in the certificate of~~corporation has paid all taxes	16572
imposed under the laws of this state that are or will be due from	16573
the corporation on the date of the dissolution ~~in accordance with~~	16574
~~division (E) of this section~~, or that such payment has been	16575
adequately guaranteed;	16576

~~(5)~~(3) In lieu of the receipt, certificate, or other evidence	16577
described in division (G)(1) or (2)~~, (3), or (4)~~ of this section,	16578
an affidavit of one or more of the persons executing the	16579
certificate of dissolution or of an officer of the corporation	16580
containing a statement of the date upon which the particular	16581
department, agency, or authority was advised in writing of the	16582
scheduled effective date of the dissolution and was advised in	16583
writing of the acknowledgement by the corporation of the	16584
applicability of section 1702.55 of the Revised Code.	16585

(H) Upon the filing of a certificate of dissolution and those	16586
accompanying documents or on a later date specified in the	16587
certificate that is not more than ninety days after the filing,	16588
the corporation shall be dissolved.	16589

Sec. 1707.08. (A) The transactions enumerated in section	16590
1707.06 of the Revised Code may be consummated on compliance with	16591
this section and section 1707.11 of the Revised Code.	16592

(B) A description, verified either by the oath of the	16593
individual filing it or of any individual having knowledge of the	16594
facts, shall be filed with the division of securities by the	16595
issuer, or by a majority of the incorporators of the issuer prior	16596
to election of officers if it is an incorporated issuer, or by a	16597
licensed dealer, which description shall be on forms prescribed by	16598
the division and shall set forth:	16599

(1) The name of the issuer;

16600

(2) A brief description of the securities;

16601

(3) The amount of the securities to be offered after the	16602
filing of the description for sale in this state and, if all the	16603
securities are not to be offered by the person filing the	16604
description, then the respective amounts to be offered by others,	16605
so far as those amounts are known, and the names and addresses of	16606
the other offerors;	16607

(4) A brief statement of the facts which show that the	16608
securities are the subject matter of a transaction enumerated in	16609
section 1707.06 of the Revised Code;	16610

(5) The price at which the securities are to be offered for	16611
sale.	16612

(C) The individual who executes the application for	16613
registration by description on behalf of the applicant shall state	16614
the individual's relationship to the applicant and certify all of	16615
the following:	16616

(1) The individual has executed the application on behalf of	16617
the applicant.	16618

(2) The individual is fully authorized to execute and file	16619
the application on behalf of the applicant.	16620

(3) The individual is familiar with the applicant's	16621
application.	16622

(4) To the best of the individual's knowledge, information,	16623
and belief, the statements made in the application are true, and	16624
the documents submitted with the application are true copies of	16625
the original documents.	16626

(D) A registration by description is effective seven business	16627
days after the division receives the description on applicable	16628
forms, together with aany filing fee ~~of fifty dollars~~required	16629
under this division, if no proceeding is pending under section	16630
1707.13 or 1707.131 of the Revised Code. However, the division may	16631
permit an earlier effective date by rule or by issuing a	16632
certificate of acknowledgment for the registration by description.	16633

For an offering that exceeds fifty thousand dollars, a filing	16634
fee of fifty dollars shall be submitted with the registration by	16635
description.	16636

(E) In order to correct errors or omissions, a registration	16637
by description may be amended by the person that originally filed	16638
it, by the filing, in the same manner as in the case of an	16639
original registration by description, of an amended registration	16640
by description or of an amendment of the original registration by	16641
description.	16642

(F) When transactions in any securities enumerated in section	16643
1707.06 of the Revised Code have been registered and the fees	16644
prescribed by this section have been paid, the transactions may be	16645
consummated so long as the registration remains in full force.	16646

Sec. 1707.391. When any securities have been sold in	16647
reliance upon division (Q), (W), (X), or (Y) of section 1707.03 of	16648
the Revised Code, section 1707.08 of the Revised Code, or any	16649
other section of this chapter that the division of securities may	16650
specify by rule, but such reliance was improper because the	16651
required filings were not timely or properly made due to excusable	16652
neglect, upon the effective date of an application made to the	16653
division and payment of ~~the required~~any applicable fee, if	16654
required and not already paid, ~~plus~~and upon payment of a penalty	16655
fee equal to the greater of the ~~required~~ fee or one hundred	16656
dollars, the sale of the securities shall be deemed exempt,	16657
qualified, or registered, as though timely and properly filed. The	16658
application shall become effective upon the expiration of fourteen	16659
days after the date of the filing in question if prior thereto the	16660
division did not give notice to the applicant that the application	16661
was denied based on a finding of lack of excusable neglect. The	16662
division shall promptly adopt and promulgate rules establishing	16663
provisions defining excusable neglect and otherwise establishing	16664
reasonable standards for determining excusable neglect.	16665

The effectiveness of an application under this section does	16666
not relieve anyone who has, other than for excusable neglect,	16667
violated sections 1707.01 to 1707.45 of the Revised Code, or any	16668
previous law in force at the time of sale, from prosecution	16669
thereunder.	16670

Sec. 1733.47. Whenever the approval of the superintendent of	16671
credit unions is required under this chapter, or under an order or	16672
supervisory action issued or taken under this chapter, for a	16673
person to serve as an organizer, incorporator, director, or	16674
executive officer of a credit union, or to otherwise participate	16675
in the management of a credit union, the superintendent shall	16676
request the superintendent of the bureau of criminal	16677
identification and investigation, or a vendor approved by the	16678
bureau, to conduct a criminal records check based on the person's	16679
fingerprints in accordance with ~~division (A)(14) of~~ section	16680
109.572 of the Revised Code. The superintendent of credit unions	16681
shall request that criminal record information from the federal	16682
bureau of investigation be obtained as part of the criminal	16683
records check. Any fee required under division (C)(3) of section	16684
109.572 of the Revised Code shall be paid by the person who is the	16685
subject of the request.	16686

Sec. 1751.01. As used in this chapter:

16687

(A)(1) "Basic health care services" means the following	16688
services when medically necessary:	16689

(a) Physician's services, except when such services are	16690
supplemental under division (B) of this section;	16691

(b) Inpatient hospital services;

16692

16693

(d) Emergency health services;

16694

(e) Urgent care services;

16695

(f) Diagnostic laboratory services and diagnostic and	16696
therapeutic radiologic services;	16697

(g) Diagnostic and treatment services, other than	16698
prescription drug services, for biologically based mental	16699
illnesses;	16700

(h) Preventive health care services, including, but not	16701
limited to, voluntary family planning services, infertility	16702
services, periodic physical examinations, prenatal obstetrical	16703
care, and well-child care;	16704

(i) Routine patient care for patients enrolled in an eligible	16705
cancer clinical trial pursuant to section 3923.80 of the Revised	16706
Code.	16707

"Basic health care services" does not include experimental	16708
procedures.	16709

Except as provided by divisions (A)(2) and (3) of this	16710
section in connection with the offering of coverage for diagnostic	16711
and treatment services for biologically based mental illnesses, a	16712
health insuring corporation shall not offer coverage for a health	16713
care service, defined as a basic health care service by this	16714
division, unless it offers coverage for all listed basic health	16715
care services. However, this requirement does not apply to the	16716
coverage of beneficiaries enrolled in medicare pursuant to a	16717
medicare contract, or to the coverage of beneficiaries enrolled in	16718
the federal employee health benefits program pursuant to 5	16719
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	16720
the coverage of beneficiaries under any federal health care	16721
program regulated by a federal regulatory body, or to the coverage	16722
of beneficiaries under any contract covering officers or employees	16723
of the state that has been entered into by the department of	16724
administrative services.	16725

(2) A health insuring corporation may offer coverage for	16726
diagnostic and treatment services for biologically based mental	16727
illnesses without offering coverage for all other basic health	16728
care services. A health insuring corporation may offer coverage	16729
for diagnostic and treatment services for biologically based	16730
mental illnesses alone or in combination with one or more	16731
supplemental health care services. However, a health insuring	16732
corporation that offers coverage for any other basic health care	16733
service shall offer coverage for diagnostic and treatment services	16734
for biologically based mental illnesses in combination with the	16735
offer of coverage for all other listed basic health care services.	16736

(3) A health insuring corporation that offers coverage for	16737
basic health care services is not required to offer coverage for	16738
diagnostic and treatment services for biologically based mental	16739
illnesses in combination with the offer of coverage for all other	16740
listed basic health care services if all of the following apply:	16741

(a) The health insuring corporation submits documentation	16742
certified by an independent member of the American academy of	16743
actuaries to the superintendent of insurance showing that incurred	16744
claims for diagnostic and treatment services for biologically	16745
based mental illnesses for a period of at least six months	16746
independently caused the health insuring corporation's costs for	16747
claims and administrative expenses for the coverage of basic	16748
health care services to increase by more than one per cent per	16749
year.	16750

(b) The health insuring corporation submits a signed letter	16751
from an independent member of the American academy of actuaries to	16752
the superintendent of insurance opining that the increase in costs	16753
described in division (A)(3)(a) of this section could reasonably	16754
justify an increase of more than one per cent in the annual	16755
premiums or rates charged by the health insuring corporation for	16756
the coverage of basic health care services.	16757

(c) The superintendent of insurance makes the following	16758
determinations from the documentation and opinion submitted	16759
pursuant to divisions (A)(3)(a) and (b) of this section:	16760

(i) Incurred claims for diagnostic and treatment services for	16761
biologically based mental illnesses for a period of at least six	16762
months independently caused the health insuring corporation's	16763
costs for claims and administrative expenses for the coverage of	16764
basic health care services to increase by more than one per cent	16765
per year.	16766

(ii) The increase in costs reasonably justifies an increase	16767
of more than one per cent in the annual premiums or rates charged	16768
by the health insuring corporation for the coverage of basic	16769
health care services.	16770

Any determination made by the superintendent under this	16771
division is subject to Chapter 119. of the Revised Code.	16772

(B)(1) "Supplemental health care services" means any health	16773
care services other than basic health care services that a health	16774
insuring corporation may offer, alone or in combination with	16775
either basic health care services or other supplemental health	16776
care services, and includes:	16777

(a) Services of facilities for intermediate or long-term	16778
care, or both;	16779

(b) Dental care services;

16780

(c) Vision care and optometric services including lenses and	16781
frames;	16782

(d) Podiatric care or foot care services;

16783

(e) Mental health services, excluding diagnostic and	16784
treatment services for biologically based mental illnesses;	16785

(f) Short-term outpatient evaluative and crisis-intervention	16786
mental health services;	16787

(g) Medical or psychological treatment and referral services	16788
for alcohol and drug abuse or addiction;	16789

(h) Home health services;

16790

(i) Prescription drug services;

16791

(j) Nursing services;

16792

(k) Services of a dietitian licensed under Chapter 4759. of	16793
the Revised Code;	16794

(l) Physical therapy services;

16795

(m) Chiropractic services;

16796

(n) Any other category of services approved by the	16797
superintendent of insurance.	16798

(2) If a health insuring corporation offers prescription drug	16799
services under this division, the coverage shall include	16800
prescription drug services for the treatment of biologically based	16801
mental illnesses on the same terms and conditions as other	16802
physical diseases and disorders.	16803

(C) "Specialty health care services" means one of the	16804
supplemental health care services listed in division (B) of this	16805
section, when provided by a health insuring corporation on an	16806
outpatient-only basis and not in combination with other	16807
supplemental health care services.	16808

(D) "Biologically based mental illnesses" means	16809
schizophrenia, schizoaffective disorder, major depressive	16810
disorder, bipolar disorder, paranoia and other psychotic	16811
disorders, obsessive-compulsive disorder, and panic disorder, as	16812
these terms are defined in the most recent edition of the	16813
diagnostic and statistical manual of mental disorders published by	16814
the American psychiatric association.	16815

(E) "Closed panel plan" means a health care plan that	16816
requires enrollees to use participating providers.	16817

(F) "Compensation" means remuneration for the provision of	16818
health care services, determined on other than a fee-for-service	16819
or discounted-fee-for-service basis.	16820

(G) "Contractual periodic prepayment" means the formula for	16821
determining the premium rate for all subscribers of a health	16822
insuring corporation.	16823

(H) "Corporation" means a corporation formed under Chapter	16824
1701. or 1702. of the Revised Code or the similar laws of another	16825
state.	16826

(I) "Emergency health services" means those health care	16827
services that must be available on a seven-days-per-week,	16828
twenty-four-hours-per-day basis in order to prevent jeopardy to an	16829
enrollee's health status that would occur if such services were	16830
not received as soon as possible, and includes, where appropriate,	16831
provisions for transportation and indemnity payments or service	16832
agreements for out-of-area coverage.	16833

(J) "Enrollee" means any natural person who is entitled to	16834
receive health care benefits provided by a health insuring	16835
corporation.	16836

(K) "Evidence of coverage" means any certificate, agreement,	16837
policy, or contract issued to a subscriber that sets out the	16838
coverage and other rights to which such person is entitled under a	16839
health care plan.	16840

(L) "Health care facility" means any facility, except a	16841
health care practitioner's office, that provides preventive,	16842
diagnostic, therapeutic, acute convalescent, rehabilitation,	16843
mental health, mental retardation, intermediate care, or skilled	16844
nursing services.	16845

(M) "Health care services" means basic, supplemental, and	16846
specialty health care services.	16847

(N) "Health delivery network" means any group of providers or	16848
health care facilities, or both, or any representative thereof,	16849
that have entered into an agreement to offer health care services	16850
in a panel rather than on an individual basis.	16851

(O) "Health insuring corporation" means a corporation, as	16852
defined in division (H) of this section, that, pursuant to a	16853
policy, contract, certificate, or agreement, pays for, reimburses,	16854
or provides, delivers, arranges for, or otherwise makes available,	16855
basic health care services, supplemental health care services, or	16856
specialty health care services, or a combination of basic health	16857
care services and either supplemental health care services or	16858
specialty health care services, through either an open panel plan	16859
or a closed panel plan.	16860

"Health insuring corporation" does not include a limited	16861
liability company formed pursuant to Chapter 1705. of the Revised	16862
Code, an insurer licensed under Title XXXIX of the Revised Code if	16863
that insurer offers only open panel plans under which all	16864
providers and health care facilities participating receive their	16865
compensation directly from the insurer, a corporation formed by or	16866
on behalf of a political subdivision or a department, office, or	16867
institution of the state, or a public entity formed by or on	16868
behalf of a board of county commissioners, a county board of	16869
developmental disabilities, an alcohol and drug addiction services	16870
board, a board of alcohol, drug addiction, and mental health	16871
services, or a community mental health board, as those terms are	16872
used in Chapters 340. and 5126. of the Revised Code. Except as	16873
provided by division (D) of section 1751.02 of the Revised Code,	16874
or as otherwise provided by law, no board, commission, agency, or	16875
other entity under the control of a political subdivision may	16876
accept insurance risk in providing for health care services.	16877
However, nothing in this division shall be construed as	16878
prohibiting such entities from purchasing the services of a health	16879
insuring corporation or a third-party administrator licensed under	16880
Chapter 3959. of the Revised Code.	16881

(P) "Intermediary organization" means a health delivery	16882
network or other entity that contracts with licensed health	16883
insuring corporations or self-insured employers, or both, to	16884
provide health care services, and that enters into contractual	16885
arrangements with other entities for the provision of health care	16886
services for the purpose of fulfilling the terms of its contracts	16887
with the health insuring corporations and self-insured employers.	16888

(Q) "Intermediate care" means residential care above the	16889
level of room and board for patients who require personal	16890
assistance and health-related services, but who do not require	16891
skilled nursing care.	16892

(R) "Medicaid" has the same meaning as in section 5111.01 of	16893
the Revised Code.	16894

(S) "Medical record" means the personal information that	16895
relates to an individual's physical or mental condition, medical	16896
history, or medical treatment.	16897

(T) "Medicare" means the program established under Title	16898
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	16899
1395, as amended.	16900

(U)(1) "Open panel plan" means a health care plan that	16901
provides incentives for enrollees to use participating providers	16902
and that also allows enrollees to use providers that are not	16903
participating providers.	16904

(2) No health insuring corporation may offer an open panel	16905
plan, unless the health insuring corporation is also licensed as	16906
an insurer under Title XXXIX of the Revised Code, the health	16907
insuring corporation, on June 4, 1997, holds a certificate of	16908
authority or license to operate under Chapter 1736. or 1740. of	16909
the Revised Code, or an insurer licensed under Title XXXIX of the	16910
Revised Code is responsible for the out-of-network risk as	16911
evidenced by both an evidence of coverage filing under section	16912
1751.11 of the Revised Code and a policy and certificate filing	16913
under section 3923.02 of the Revised Code.	16914

(V) "Osteopathic hospital" means a hospital registered under	16915
section 3701.07 of the Revised Code that advocates osteopathic	16916
principles and the practice and perpetuation of osteopathic	16917
medicine by doing any of the following:	16918

(1) Maintaining a department or service of osteopathic	16919
medicine or a committee on the utilization of osteopathic	16920
principles and methods, under the supervision of an osteopathic	16921
physician;	16922

(2) Maintaining an active medical staff, the majority of	16923
which is comprised of osteopathic physicians;	16924

(3) Maintaining a medical staff executive committee that has	16925
osteopathic physicians as a majority of its members.	16926

(W) "Panel" means a group of providers or health care	16927
facilities that have joined together to deliver health care	16928
services through a contractual arrangement with a health insuring	16929
corporation, employer group, or other payor.	16930

~~(W)~~(X) "Person" has the same meaning as in section 1.59 of	16931
the Revised Code, and, unless the context otherwise requires,	16932
includes any insurance company holding a certificate of authority	16933
under Title XXXIX of the Revised Code, any subsidiary and	16934
affiliate of an insurance company, and any government agency.	16935

~~(X)~~(Y) "Premium rate" means any set fee regularly paid by a	16936
subscriber to a health insuring corporation. A "premium rate" does	16937
not include a one-time membership fee, an annual administrative	16938
fee, or a nominal access fee, paid to a managed health care system	16939
under which the recipient of health care services remains solely	16940
responsible for any charges accessed for those services by the	16941
provider or health care facility.	16942

~~(Y)~~(Z) "Primary care provider" means a provider that is	16943
designated by a health insuring corporation to supervise,	16944
coordinate, or provide initial care or continuing care to an	16945
enrollee, and that may be required by the health insuring	16946
corporation to initiate a referral for specialty care and to	16947
maintain supervision of the health care services rendered to the	16948
enrollee.	16949

~~(Z)~~(AA) "Provider" means any natural person or partnership of	16950
natural persons who are licensed, certified, accredited, or	16951
otherwise authorized in this state to furnish health care	16952
services, or any professional association organized under Chapter	16953
1785. of the Revised Code, provided that nothing in this chapter	16954
or other provisions of law shall be construed to preclude a health	16955
insuring corporation, health care practitioner, or organized	16956
health care group associated with a health insuring corporation	16957
from employing certified nurse practitioners, certified nurse	16958
anesthetists, clinical nurse specialists, certified nurse	16959
midwives, dietitians, physician assistants, dental assistants,	16960
dental hygienists, optometric technicians, or other allied health	16961
personnel who are licensed, certified, accredited, or otherwise	16962
authorized in this state to furnish health care services.	16963

~~(AA)~~(BB) "Provider sponsored organization" means a	16964
corporation, as defined in division (H) of this section, that is	16965
at least eighty per cent owned or controlled by one or more	16966
hospitals, as defined in section 3727.01 of the Revised Code, or	16967
one or more physicians licensed to practice medicine or surgery or	16968
osteopathic medicine and surgery under Chapter 4731. of the	16969
Revised Code, or any combination of such physicians and hospitals.	16970
Such control is presumed to exist if at least eighty per cent of	16971
the voting rights or governance rights of a provider sponsored	16972
organization are directly or indirectly owned, controlled, or	16973
otherwise held by any combination of the physicians and hospitals	16974
described in this division.	16975

~~(BB)~~(CC) "Solicitation document" means the written materials	16976
provided to prospective subscribers or enrollees, or both, and	16977
used for advertising and marketing to induce enrollment in the	16978
health care plans of a health insuring corporation.	16979

~~(CC)~~(DD) "Subscriber" means a person who is responsible for	16980
making payments to a health insuring corporation for participation	16981
in a health care plan, or an enrollee whose employment or other	16982
status is the basis of eligibility for enrollment in a health	16983
insuring corporation.	16984

~~(DD)~~(EE) "Urgent care services" means those health care	16985
services that are appropriately provided for an unforeseen	16986
condition of a kind that usually requires medical attention	16987
without delay but that does not pose a threat to the life, limb,	16988
or permanent health of the injured or ill person, and may include	16989
such health care services provided out of the health insuring	16990
corporation's approved service area pursuant to indemnity payments	16991
or service agreements.	16992

Sec. 1751.02. (A) Notwithstanding any law in this state to	16993
the contrary, any corporation, as defined in section 1751.01 of	16994
the Revised Code, may apply to the superintendent of insurance for	16995
a certificate of authority to establish and operate a health	16996
insuring corporation. If the corporation applying for a	16997
certificate of authority is a foreign corporation domiciled in a	16998
state without laws similar to those of this chapter, the	16999
corporation must form a domestic corporation to apply for, obtain,	17000
and maintain a certificate of authority under this chapter.	17001

(B) No person shall establish, operate, or perform the	17002
services of a health insuring corporation in this state without	17003
obtaining a certificate of authority under this chapter.	17004

(C) Except as provided by division (D) of this section, no	17005
political subdivision or department, office, or institution of	17006
this state, or corporation formed by or on behalf of any political	17007
subdivision or department, office, or institution of this state,	17008
shall establish, operate, or perform the services of a health	17009
insuring corporation. Nothing in this section shall be construed	17010
to preclude a board of county commissioners, a county board of	17011
developmental disabilities, an alcohol and drug addiction services	17012
board, a board of alcohol, drug addiction, and mental health	17013
services, or a community mental health board, or a public entity	17014
formed by or on behalf of any of these boards, from using managed	17015
care techniques in carrying out the board's or public entity's	17016
duties pursuant to the requirements of Chapters 307., 329., 340.,	17017
and 5126. of the Revised Code. However, no such board or public	17018
entity may operate so as to compete in the private sector with	17019
health insuring corporations holding certificates of authority	17020
under this chapter.	17021

(D) A corporation formed by or on behalf of a publicly owned,	17022
operated, or funded hospital or health care facility may apply to	17023
the superintendent for a certificate of authority under division	17024
(A) of this section to establish and operate a health insuring	17025
corporation.	17026

(E) A health insuring corporation shall operate in this state	17027
in compliance with this chapter and Chapter 1753. of the Revised	17028
Code~~, and with sections 3702.51 to 3702.62 of the Revised Code,~~	17029
and shall operate in conformity with its filings with the	17030
superintendent under this chapter, including filings made pursuant	17031
to sections 1751.03, 1751.11, 1751.12, and 1751.31 of the Revised	17032
Code.	17033

(F) An insurer licensed under Title XXXIX of the Revised Code	17034
need not obtain a certificate of authority as a health insuring	17035
corporation to offer an open panel plan as long as the providers	17036
and health care facilities participating in the open panel plan	17037
receive their compensation directly from the insurer. If the	17038
providers and health care facilities participating in the open	17039
panel plan receive their compensation from any person other than	17040
the insurer, or if the insurer offers a closed panel plan, the	17041
insurer must obtain a certificate of authority as a health	17042
insuring corporation.	17043

(G) An intermediary organization need not obtain a	17044
certificate of authority as a health insuring corporation,	17045
regardless of the method of reimbursement to the intermediary	17046
organization, as long as a health insuring corporation or a	17047
self-insured employer maintains the ultimate responsibility to	17048
assure delivery of all health care services required by the	17049
contract between the health insuring corporation and the	17050
subscriber and the laws of this state or between the self-insured	17051
employer and its employees.	17052

Nothing in this section shall be construed to require any	17053
health care facility, provider, health delivery network, or	17054
intermediary organization that contracts with a health insuring	17055
corporation or self-insured employer, regardless of the method of	17056
reimbursement to the health care facility, provider, health	17057
delivery network, or intermediary organization, to obtain a	17058
certificate of authority as a health insuring corporation under	17059
this chapter, unless otherwise provided, in the case of contracts	17060
with a self-insured employer, by operation of the "Employee	17061
Retirement Income Security Act of 1974," 88 Stat. 829, 29 U.S.C.A.	17062
1001, as amended.	17063

(H) Any health delivery network doing business in this state,	17064
including any health delivery network that is functioning as an	17065
intermediary organization doing business in this state, that is	17066
not required to obtain a certificate of authority under this	17067
chapter shall certify to the superintendent annually, not later	17068
than the first day of July, and shall provide a statement signed	17069
by the highest ranking official which includes the following	17070
information:	17071

(1) The health delivery network's full name and the address	17072
of its principal place of business;	17073

(2) A statement that the health delivery network is not	17074
required to obtain a certificate of authority under this chapter	17075
to conduct its business.	17076

(I) The superintendent shall not issue a certificate of	17077
authority to a health insuring corporation that is a provider	17078
sponsored organization unless all health care plans to be offered	17079
by the health insuring corporation provide basic health care	17080
services. Substantially all of the physicians and hospitals with	17081
ownership or control of the provider sponsored organization, as	17082
defined in section 1751.01 of the Revised Code, shall also be	17083
participating providers for the provision of basic health care	17084
services for health care plans offered by the provider sponsored	17085
organization. If a health insuring corporation that is a provider	17086
sponsored organization offers health care plans that do not	17087
provide basic health care services, the health insuring	17088
corporation shall be deemed, for purposes of section 1751.35 of	17089
the Revised Code, to have failed to substantially comply with this	17090
chapter.	17091

Except as specifically provided in this division and in	17092
division (A) of section 1751.28 of the Revised Code, the	17093
provisions of this chapter shall apply to all health insuring	17094
corporations that are provider sponsored organizations in the same	17095
manner that these provisions apply to all health insuring	17096
corporations that are not provider sponsored organizations.	17097

(J) Nothing in this section shall be construed to apply to	17098
any multiple employer welfare arrangement operating pursuant to	17099
Chapter 1739. of the Revised Code.	17100

(K) Any person who violates division (B) of this section, and	17101
any health delivery network that fails to comply with division (H)	17102
of this section, is subject to the penalties set forth in section	17103
1751.45 of the Revised Code.	17104

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	17105
either directly or indirectly, enter into contracts for the	17106
provision of health care services with a sufficient number and	17107
types of providers and health care facilities to ensure that all	17108
covered health care services will be accessible to enrollees from	17109
a contracted provider or health care facility.	17110

(b) A health insuring corporation shall not refuse to	17111
contract with a physician for the provision of health care	17112
services or refuse to recognize a physician as a specialist on the	17113
basis that the physician attended an educational program or a	17114
residency program approved or certified by the American	17115
osteopathic association. A health insuring corporation shall not	17116
refuse to contract with a health care facility for the provision	17117
of health care services on the basis that the health care facility	17118
is certified or accredited by the American osteopathic association	17119
or that the health care facility is an osteopathic hospital as	17120
~~defined in section 3702.51 of the Revised Code~~.	17121

(c) Nothing in division (A)(1)(b) of this section shall be	17122
construed to require a health insuring corporation to make a	17123
benefit payment under a closed panel plan to a physician or health	17124
care facility with which the health insuring corporation does not	17125
have a contract, provided that none of the bases set forth in that	17126
division are used as a reason for failing to make a benefit	17127
payment.	17128

(2) When a health insuring corporation is unable to provide a	17129
covered health care service from a contracted provider or health	17130
care facility, the health insuring corporation must provide that	17131
health care service from a noncontracted provider or health care	17132
facility consistent with the terms of the enrollee's policy,	17133
contract, certificate, or agreement. The health insuring	17134
corporation shall either ensure that the health care service be	17135
provided at no greater cost to the enrollee than if the enrollee	17136
had obtained the health care service from a contracted provider or	17137
health care facility, or make other arrangements acceptable to the	17138
superintendent of insurance.	17139

(3) Nothing in this section shall prohibit a health insuring	17140
corporation from entering into contracts with out-of-state	17141
providers or health care facilities that are licensed, certified,	17142
accredited, or otherwise authorized in that state.	17143

(B)(1) A health insuring corporation shall, either directly	17144
or indirectly, enter into contracts with all providers and health	17145
care facilities through which health care services are provided to	17146
its enrollees.	17147

(2) A health insuring corporation, upon written request,	17148
shall assist its contracted providers in finding stop-loss or	17149
reinsurance carriers.	17150

(C) A health insuring corporation shall file an annual	17151
certificate with the superintendent certifying that all provider	17152
contracts and contracts with health care facilities through which	17153
health care services are being provided contain the following:	17154

(1) A description of the method by which the provider or	17155
health care facility will be notified of the specific health care	17156
services for which the provider or health care facility will be	17157
responsible, including any limitations or conditions on such	17158
services;	17159

(2) The specific hold harmless provision specifying	17160
protection of enrollees set forth as follows:	17161

"[Provider/Health Care Facility] agrees that in no event,	17162
including but not limited to nonpayment by the health insuring	17163
corporation, insolvency of the health insuring corporation, or	17164
breach of this agreement, shall [Provider/Health Care Facility]	17165
bill, charge, collect a deposit from, seek remuneration or	17166
reimbursement from, or have any recourse against, a subscriber,	17167
enrollee, person to whom health care services have been provided,	17168
or person acting on behalf of the covered enrollee, for health	17169
care services provided pursuant to this agreement. This does not	17170
prohibit [Provider/Health Care Facility] from collecting	17171
co-insurance, deductibles, or copayments as specifically provided	17172
in the evidence of coverage, or fees for uncovered health care	17173
services delivered on a fee-for-service basis to persons	17174
referenced above, nor from any recourse against the health	17175
insuring corporation or its successor."	17176

(3) Provisions requiring the provider or health care facility	17177
to continue to provide covered health care services to enrollees	17178
in the event of the health insuring corporation's insolvency or	17179
discontinuance of operations. The provisions shall require the	17180
provider or health care facility to continue to provide covered	17181
health care services to enrollees as needed to complete any	17182
medically necessary procedures commenced but unfinished at the	17183
time of the health insuring corporation's insolvency or	17184
discontinuance of operations. The completion of a medically	17185
necessary procedure shall include the rendering of all covered	17186
health care services that constitute medically necessary follow-up	17187
care for that procedure. If an enrollee is receiving necessary	17188
inpatient care at a hospital, the provisions may limit the	17189
required provision of covered health care services relating to	17190
that inpatient care in accordance with division (D)(3) of section	17191
1751.11 of the Revised Code, and may also limit such required	17192
provision of covered health care services to the period ending	17193
thirty days after the health insuring corporation's insolvency or	17194
discontinuance of operations.	17195

The provisions required by division (C)(3) of this section	17196
shall not require any provider or health care facility to continue	17197
to provide any covered health care service after the occurrence of	17198
any of the following:	17199

(a) The end of the thirty-day period following the entry of a	17200
liquidation order under Chapter 3903. of the Revised Code;	17201

(b) The end of the enrollee's period of coverage for a	17202
contractual prepayment or premium;	17203

(c) The enrollee obtains equivalent coverage with another	17204
health insuring corporation or insurer, or the enrollee's employer	17205
obtains such coverage for the enrollee;	17206

(d) The enrollee or the enrollee's employer terminates	17207
coverage under the contract;	17208

(e) A liquidator effects a transfer of the health insuring	17209
corporation's obligations under the contract under division (A)(8)	17210
of section 3903.21 of the Revised Code.	17211

(4) A provision clearly stating the rights and	17212
responsibilities of the health insuring corporation, and of the	17213
contracted providers and health care facilities, with respect to	17214
administrative policies and programs, including, but not limited	17215
to, payments systems, utilization review, quality assurance,	17216
assessment, and improvement programs, credentialing,	17217
confidentiality requirements, and any applicable federal or state	17218
programs;	17219

(5) A provision regarding the availability and	17220
confidentiality of those health records maintained by providers	17221
and health care facilities to monitor and evaluate the quality of	17222
care, to conduct evaluations and audits, and to determine on a	17223
concurrent or retrospective basis the necessity of and	17224
appropriateness of health care services provided to enrollees. The	17225
provision shall include terms requiring the provider or health	17226
care facility to make these health records available to	17227
appropriate state and federal authorities involved in assessing	17228
the quality of care or in investigating the grievances or	17229
complaints of enrollees, and requiring the provider or health care	17230
facility to comply with applicable state and federal laws related	17231
to the confidentiality of medical or health records.	17232

(6) A provision that states that contractual rights and	17233
responsibilities may not be assigned or delegated by the provider	17234
or health care facility without the prior written consent of the	17235
health insuring corporation;	17236

(7) A provision requiring the provider or health care	17237
facility to maintain adequate professional liability and	17238
malpractice insurance. The provision shall also require the	17239
provider or health care facility to notify the health insuring	17240
corporation not more than ten days after the provider's or health	17241
care facility's receipt of notice of any reduction or cancellation	17242
of such coverage.	17243

(8) A provision requiring the provider or health care	17244
facility to observe, protect, and promote the rights of enrollees	17245
as patients;	17246

(9) A provision requiring the provider or health care	17247
facility to provide health care services without discrimination on	17248
the basis of a patient's participation in the health care plan,	17249
age, sex, ethnicity, religion, sexual preference, health status,	17250
or disability, and without regard to the source of payments made	17251
for health care services rendered to a patient. This requirement	17252
shall not apply to circumstances when the provider or health care	17253
facility appropriately does not render services due to limitations	17254
arising from the provider's or health care facility's lack of	17255
training, experience, or skill, or due to licensing restrictions.	17256

(10) A provision containing the specifics of any obligation	17257
on the primary care provider to provide, or to arrange for the	17258
provision of, covered health care services twenty-four hours per	17259
day, seven days per week;	17260

(11) A provision setting forth procedures for the resolution	17261
of disputes arising out of the contract;	17262

(12) A provision stating that the hold harmless provision	17263
required by division (C)(2) of this section shall survive the	17264
termination of the contract with respect to services covered and	17265
provided under the contract during the time the contract was in	17266
effect, regardless of the reason for the termination, including	17267
the insolvency of the health insuring corporation;	17268

(13) A provision requiring those terms that are used in the	17269
contract and that are defined by this chapter, be used in the	17270
contract in a manner consistent with those definitions.	17271

This division does not apply to the coverage of beneficiaries	17272
enrolled in medicare pursuant to a medicare risk contract or	17273
medicare cost contract, or to the coverage of beneficiaries	17274
enrolled in the federal employee health benefits program pursuant	17275
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or	17276
to the coverage of beneficiaries under any federal health care	17277
program regulated by a federal regulatory body, or to the coverage	17278
of beneficiaries under any contract covering officers or employees	17279
of the state that has been entered into by the department of	17280
administrative services.	17281

(D)(1) No health insuring corporation contract with a	17282
provider or health care facility shall contain any of the	17283
following:	17284

(a) A provision that directly or indirectly offers an	17285
inducement to the provider or health care facility to reduce or	17286
limit medically necessary health care services to a covered	17287
enrollee;	17288

(b) A provision that penalizes a provider or health care	17289
facility that assists an enrollee to seek a reconsideration of the	17290
health insuring corporation's decision to deny or limit benefits	17291
to the enrollee;	17292

(c) A provision that limits or otherwise restricts the	17293
provider's or health care facility's ethical and legal	17294
responsibility to fully advise enrollees about their medical	17295
condition and about medically appropriate treatment options;	17296

(d) A provision that penalizes a provider or health care	17297
facility for principally advocating for medically necessary health	17298
care services;	17299

(e) A provision that penalizes a provider or health care	17300
facility for providing information or testimony to a legislative	17301
or regulatory body or agency. This shall not be construed to	17302
prohibit a health insuring corporation from penalizing a provider	17303
or health care facility that provides information or testimony	17304
that is libelous or slanderous or that discloses trade secrets	17305
which the provider or health care facility has no privilege or	17306
permission to disclose.	17307

(f) A provision that violates Chapter 3963. of the Revised	17308
Code.	17309

(2) Nothing in this division shall be construed to prohibit a	17310
health insuring corporation from doing either of the following:	17311

(a) Making a determination not to reimburse or pay for a	17312
particular medical treatment or other health care service;	17313

(b) Enforcing reasonable peer review or utilization review	17314
protocols, or determining whether a particular provider or health	17315
care facility has complied with these protocols.	17316

(E) Any contract between a health insuring corporation and an	17317
intermediary organization shall clearly specify that the health	17318
insuring corporation must approve or disapprove the participation	17319
of any provider or health care facility with which the	17320
intermediary organization contracts.	17321

(F) If an intermediary organization that is not a health	17322
delivery network contracting solely with self-insured employers	17323
subcontracts with a provider or health care facility, the	17324
subcontract with the provider or health care facility shall do all	17325
of the following:	17326

(1) Contain the provisions required by divisions (C) and (G)	17327
of this section, as made applicable to an intermediary	17328
organization, without the inclusion of inducements or penalties	17329
described in division (D) of this section;	17330

(2) Acknowledge that the health insuring corporation is a	17331
third-party beneficiary to the agreement;	17332

(3) Acknowledge the health insuring corporation's role in	17333
approving the participation of the provider or health care	17334
facility, pursuant to division (E) of this section.	17335

(G) Any provider contract or contract with a health care	17336
facility shall clearly specify the health insuring corporation's	17337
statutory responsibility to monitor and oversee the offering of	17338
covered health care services to its enrollees.	17339

(H)(1) A health insuring corporation shall maintain its	17340
provider contracts and its contracts with health care facilities	17341
at one or more of its places of business in this state, and shall	17342
provide copies of these contracts to facilitate regulatory review	17343
upon written notice by the superintendent of insurance.	17344

(2) Any contract with an intermediary organization that	17345
accepts compensation shall include provisions requiring the	17346
intermediary organization to provide the superintendent with	17347
regulatory access to all books, records, financial information,	17348
and documents related to the provision of health care services to	17349
subscribers and enrollees under the contract. The contract shall	17350
require the intermediary organization to maintain such books,	17351
records, financial information, and documents at its principal	17352
place of business in this state and to preserve them for at least	17353
three years in a manner that facilitates regulatory review.	17354

(I)(1) A health insuring corporation shall notify its	17355
affected enrollees of the termination of a contract for the	17356
provision of health care services between the health insuring	17357
corporation and a primary care physician or hospital, by mail,	17358
within thirty days after the termination of the contract.	17359

(a) Notice shall be given to subscribers of the termination	17360
of a contract with a primary care physician if the subscriber, or	17361
a dependent covered under the subscriber's health care coverage,	17362
has received health care services from the primary care physician	17363
within the previous twelve months or if the subscriber or	17364
dependent has selected the physician as the subscriber's or	17365
dependent's primary care physician within the previous twelve	17366
months.	17367

(b) Notice shall be given to subscribers of the termination	17368
of a contract with a hospital if the subscriber, or a dependent	17369
covered under the subscriber's health care coverage, has received	17370
health care services from that hospital within the previous twelve	17371
months.	17372

(2) The health insuring corporation shall pay, in accordance	17373
with the terms of the contract, for all covered health care	17374
services rendered to an enrollee by a primary care physician or	17375
hospital between the date of the termination of the contract and	17376
five days after the notification of the contract termination is	17377
mailed to a subscriber at the subscriber's last known address.	17378

(J) Divisions (A) and (B) of this section do not apply to any	17379
health insuring corporation that, on June 4, 1997, holds a	17380
certificate of authority or license to operate under Chapter 1740.	17381
of the Revised Code.	17382

(K) Nothing in this section shall restrict the governing body	17383
of a hospital from exercising the authority granted it pursuant to	17384
section 3701.351 of the Revised Code.	17385

Sec. 1761.26. Whenever the approval of the superintendent of	17386
credit unions is required under this chapter, or under an order or	17387
supervisory action issued or taken under this chapter, for a	17388
person to serve as an organizer, incorporator, director, or	17389
executive officer of a credit union share guaranty corporation, or	17390
to otherwise participate in the management of such a corporation,	17391
the superintendent shall request the superintendent of the bureau	17392
of criminal identification and investigation, or a vendor approved	17393
by the bureau, to conduct a criminal records check based on the	17394
person's fingerprints in accordance with ~~division (A)(14) of~~	17395
section 109.572 of the Revised Code. The superintendent of credit	17396
unions shall request that criminal record information from the	17397
federal bureau of investigation be obtained as part of the	17398
criminal records check. Any fee required under division (C)(3) of	17399
section 109.572 of the Revised Code shall be paid by the person	17400
who is the subject of the request.	17401

Sec. 1901.18. (A) Except as otherwise provided in this	17402
division or section 1901.181 of the Revised Code, subject to the	17403
monetary jurisdiction of municipal courts as set forth in section	17404
1901.17 of the Revised Code, a municipal court has original	17405
jurisdiction within its territory in all of the following actions	17406
or proceedings and to perform all of the following functions:	17407

(1) In any civil action, of whatever nature or remedy, of	17408
which judges of county courts have jurisdiction;	17409

(2) In any action or proceeding at law for the recovery of	17410
money or personal property of which the court of common pleas has	17411
jurisdiction;	17412

(3) In any action at law based on contract, to determine,	17413
preserve, and enforce all legal and equitable rights involved in	17414
the contract, to decree an accounting, reformation, or	17415
cancellation of the contract, and to hear and determine all legal	17416
and equitable remedies necessary or proper for a complete	17417
determination of the rights of the parties to the contract;	17418

(4) In any action or proceeding for the sale of personal	17419
property under chattel mortgage, lien, encumbrance, or other	17420
charge, for the foreclosure and marshalling of liens on personal	17421
property of that nature, and for the rendering of personal	17422
judgment in the action or proceeding;	17423

(5) In any action or proceeding to enforce the collection of	17424
its own judgments or the judgments rendered by any court within	17425
the territory to which the municipal court has succeeded, and to	17426
subject the interest of a judgment debtor in personal property to	17427
satisfy judgments enforceable by the municipal court;	17428

(6) In any action or proceeding in the nature of	17429
interpleader;	17430

(7) In any action of replevin;

17431

(8) In any action of forcible entry and detainer;

17432

(9) In any action concerning the issuance and enforcement of	17433
temporary protection orders pursuant to section 2919.26 of the	17434
Revised Code or protection orders pursuant to section 2903.213 of	17435
the Revised Code or the enforcement of protection orders issued by	17436
courts of another state, as defined in section 2919.27 of the	17437
Revised Code;	17438

(10) If the municipal court has a housing or environmental	17439
division, in any action over which the division is given	17440
jurisdiction by section 1901.181 of the Revised Code, provided	17441
that, except as specified in division (B) of that section, no	17442
judge of the court other than the judge of the division shall hear	17443
or determine any action over which the division has jurisdiction;	17444

(11) In any action brought pursuant to division (I) of	17445
section ~~3733.11~~4781.40 of the Revised Code, if the residential	17446
premises that are the subject of the action are located within the	17447
territorial jurisdiction of the court;	17448

(12) In any civil action as described in division (B)(1) of	17449
section 3767.41 of the Revised Code that relates to a public	17450
nuisance, and, to the extent any provision of this chapter	17451
conflicts or is inconsistent with a provision of that section, the	17452
provision of that section shall control in the civil action.	17453

(B) The Cleveland municipal court also shall have	17454
jurisdiction within its territory in all of the following actions	17455
or proceedings and to perform all of the following functions:	17456

(1) In all actions and proceedings for the sale of real	17457
property under lien of a judgment of the municipal court or a lien	17458
for machinery, material, or fuel furnished or labor performed,	17459
irrespective of amount, and, in those actions and proceedings, the	17460
court may proceed to foreclose and marshal all liens and all	17461
vested or contingent rights, to appoint a receiver, and to render	17462
personal judgment irrespective of amount in favor of any party.	17463

(2) In all actions for the foreclosure of a mortgage on real	17464
property given to secure the payment of money or the enforcement	17465
of a specific lien for money or other encumbrance or charge on	17466
real property, when the amount claimed by the plaintiff does not	17467
exceed fifteen thousand dollars and the real property is situated	17468
within the territory, and, in those actions, the court may proceed	17469
to foreclose all liens and all vested and contingent rights and	17470
may proceed to render judgments and make findings and orders	17471
between the parties in the same manner and to the same extent as	17472
in similar actions in the court of common pleas.	17473

(3) In all actions for the recovery of real property situated	17474
within the territory to the same extent as courts of common pleas	17475
have jurisdiction;	17476

(4) In all actions for injunction to prevent or terminate	17477
violations of the ordinances and regulations of the city of	17478
Cleveland enacted or promulgated under the police power of the	17479
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	17480
Constitution, over which the court of common pleas has or may have	17481
jurisdiction, and, in those actions, the court may proceed to	17482
render judgments and make findings and orders in the same manner	17483
and to the same extent as in similar actions in the court of	17484
common pleas.	17485

Sec. 1909.11. A county court judge has jurisdiction in any	17486
action brought pursuant to division (I) of section ~~3733.11~~4781.40	17487
of the Revised Code if the residential premises that are the	17488
subject of the action are located within the territorial	17489
jurisdiction of the judge's county court district.	17490

Sec. 1923.01. (A) As provided in this chapter, any judge of	17491
a county or municipal court or a court of common pleas, within the	17492
judge's proper area of jurisdiction, may inquire about persons who	17493
make unlawful and forcible entry into lands or tenements and	17494
detain them, and about persons who make a lawful and peaceable	17495
entry into lands or tenements and hold them unlawfully and by	17496
force. If, upon the inquiry, it is found that an unlawful and	17497
forcible entry has been made and the lands or tenements are	17498
detained, or that, after a lawful entry, lands or tenements are	17499
held unlawfully and by force, a judge shall cause the plaintiff in	17500
an action under this chapter to have restitution of the lands or	17501
tenements.	17502

(B) An action shall be brought under this chapter within two	17503
years after the cause of action accrues.	17504

17505

(1) "Tenant" means a person who is entitled under a rental	17506
agreement to the use or occupancy of premises, other than premises	17507
located in a manufactured home park, to the exclusion of others,	17508
except that as used in division (A)(6) of section 1923.02 and	17509
section 1923.051 of the Revised Code, "tenant" includes a	17510
manufactured home park resident.	17511

(2) "Landlord" means the owner, lessor, or sublessor of	17512
premises, or the agent or person the landlord authorizes to manage	17513
premises or to receive rent from a tenant under a rental	17514
agreement, except, if required by the facts of the action to which	17515
the term is applied, "landlord" means a park operator.	17516

(3) "Resident" has the same meaning as in section ~~3733.01~~	17517
4781.01 of the Revised Code.	17518

(4) "Residential premises" has the same meaning as in section	17519
5321.01 of the Revised Code, except, if required by the facts of	17520
the action to which the term is applied, "residential premises"	17521
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	17522
Code.	17523

(5) "Rental agreement" means any agreement or lease, written	17524
or oral, that establishes or modifies the terms, conditions,	17525
rules, or other provisions concerning the use or occupancy of	17526
premises by one of the parties to the agreement or lease, except	17527
that "rental agreement," as used in division (A)(13) of section	17528
1923.02 of the Revised Code and where the context requires as used	17529
in this chapter, means a rental agreement as defined in division	17530
(D) of section 5322.01 of the Revised Code.	17531

(6) "Controlled substance" has the same meaning as in section	17532
3719.01 of the Revised Code.	17533

(7) "School premises" has the same meaning as in section	17534
2925.01 of the Revised Code.	17535

(8) "Sexually oriented offense" and "child-victim oriented	17536
offense" have the same meanings as in section 2950.01 of the	17537
Revised Code.	17538

(9) "Recreational vehicle" and "mobile home" have the same	17539
meanings as in section 4501.01 of the Revised Code.	17540

(10) "Manufactured home" has the same meaning as in section	17541
3781.06 of the Revised Code.	17542

(11) "Manufactured home park" has the same meaning as in	17543
section ~~3733.01~~4781.01 of the Revised Code and also means any	17544
tract of land upon which one or two manufactured or mobile homes	17545
used for habitation are parked, either free of charge or for	17546
revenue purposes, pursuant to rental agreements between the owners	17547
of the manufactured or mobile homes and the owner of the tract of	17548
land.	17549

(12) "Park operator" has the same meaning as in section	17550
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	17551
premises upon which one or two manufactured or mobile homes used	17552
for habitation are parked, either free of charge or for revenue	17553
purposes, pursuant to rental agreements between the owners of the	17554
manufactured or mobile homes and a landlord who is not licensed as	17555
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	17556
of the Revised Code.	17557

(13) "Personal property" means tangible personal property	17558
other than a manufactured home, mobile home, or recreational	17559
vehicle that is the subject of an action under this chapter.	17560

(14) "Preschool or child day-care center premises" has the	17561
same meaning as in section 2950.034 of the Revised Code.	17562

Sec. 1923.02. (A) Proceedings under this chapter may be had	17563
as follows:	17564

(1) Against tenants or manufactured home park residents	17565
holding over their terms;	17566

(2) Against tenants or manufactured home park residents in	17567
possession under an oral tenancy, who are in default in the	17568
payment of rent as provided in division (B) of this section;	17569

(3) In sales of real estate, on executions, orders, or other	17570
judicial process, when the judgment debtor was in possession at	17571
the time of the rendition of the judgment or decree, by virtue of	17572
which the sale was made;	17573

(4) In sales by executors, administrators, or guardians, and	17574
on partition, when any of the parties to the complaint were in	17575
possession at the commencement of the action, after the sales, so	17576
made on execution or otherwise, have been examined by the proper	17577
court and adjudged legal;	17578

(5) When the defendant is an occupier of lands or tenements,	17579
without color of title, and the complainant has the right of	17580
possession to them;	17581

(6) In any other case of the unlawful and forcible detention	17582
of lands or tenements. For purposes of this division, in addition	17583
to any other type of unlawful and forcible detention of lands or	17584
tenements, such a detention may be determined to exist when both	17585
of the following apply:	17586

(a) A tenant fails to vacate residential premises within	17587
three days after both of the following occur:	17588

(i) The tenant's landlord has actual knowledge of or has	17589
reasonable cause to believe that the tenant, any person in the	17590
tenant's household, or any person on the premises with the consent	17591
of the tenant previously has or presently is engaged in a	17592
violation of Chapter 2925. or 3719. of the Revised Code, or of a	17593
municipal ordinance that is substantially similar to any section	17594
in either of those chapters, which involves a controlled substance	17595
and which occurred in, is occurring in, or otherwise was or is	17596
connected with the premises, whether or not the tenant or other	17597
person has been charged with, has pleaded guilty to or been	17598
convicted of, or has been determined to be a delinquent child for	17599
an act that, if committed by an adult, would be a violation as	17600
described in this division. For purposes of this division, a	17601
landlord has "actual knowledge of or has reasonable cause to	17602
believe" that a tenant, any person in the tenant's household, or	17603
any person on the premises with the consent of the tenant	17604
previously has or presently is engaged in a violation as described	17605
in this division if a search warrant was issued pursuant to	17606
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	17607
affidavit presented to obtain the warrant named or described the	17608
tenant or person as the individual to be searched and particularly	17609
described the tenant's premises as the place to be searched, named	17610
or described one or more controlled substances to be searched for	17611
and seized, stated substantially the offense under Chapter 2925.	17612
or 3719. of the Revised Code or the substantially similar	17613
municipal ordinance that occurred in, is occurring in, or	17614
otherwise was or is connected with the tenant's premises, and	17615
states the factual basis for the affiant's belief that the	17616
controlled substances are located on the tenant's premises; the	17617
warrant was properly executed by a law enforcement officer and any	17618
controlled substance described in the affidavit was found by that	17619
officer during the search and seizure; and, subsequent to the	17620
search and seizure, the landlord was informed by that or another	17621
law enforcement officer of the fact that the tenant or person has	17622
or presently is engaged in a violation as described in this	17623
division and it occurred in, is occurring in, or otherwise was or	17624
is connected with the tenant's premises.	17625

(ii) The landlord gives the tenant the notice required by	17626
division (C) of section 5321.17 of the Revised Code.	17627

(b) The court determines, by a preponderance of the evidence,	17628
that the tenant, any person in the tenant's household, or any	17629
person on the premises with the consent of the tenant previously	17630
has or presently is engaged in a violation as described in	17631
division (A)(6)(a)(i) of this section.	17632

(7) In cases arising out of Chapter 5313. of the Revised	17633
Code. In those cases, the court has the authority to declare a	17634
forfeiture of the vendee's rights under a land installment	17635
contract and to grant any other claims arising out of the	17636
contract.	17637

(8) Against tenants who have breached an obligation that is	17638
imposed by section 5321.05 of the Revised Code, other than the	17639
obligation specified in division (A)(9) of that section, and that	17640
materially affects health and safety. Prior to the commencement of	17641
an action under this division, notice shall be given to the tenant	17642
and compliance secured with section 5321.11 of the Revised Code.	17643

(9) Against tenants who have breached an obligation imposed	17644
upon them by a written rental agreement;	17645

(10) Against manufactured home park residents who have	17646
defaulted in the payment of rent or breached the terms of a rental	17647
agreement with a park operator. Nothing in this division precludes	17648
the commencement of an action under division (A)(12) of this	17649
section when the additional circumstances described in that	17650
division apply.	17651

(11) Against manufactured home park residents who have	17652
committed two material violations of the rules of the manufactured	17653
home park, of the ~~public health council~~manufactured homes	17654
commission, or of applicable state and local health and safety	17655
codes and who have been notified of the violations in compliance	17656
with section ~~3733.13~~4781.45 of the Revised Code;	17657

(12) Against a manufactured home park resident, or the estate	17658
of a manufactured home park resident, who as a result of death or	17659
otherwise has been absent from the manufactured home park for a	17660
period of thirty consecutive days prior to the commencement of an	17661
action under this division and whose manufactured home or mobile	17662
home, or recreational vehicle that is parked in the manufactured	17663
home park, has been left unoccupied for that thirty-day period,	17664
without notice to the park operator and without payment of rent	17665
due under the rental agreement with the park operator;	17666

(13) Against occupants of self-service storage facilities, as	17667
defined in division (A) of section 5322.01 of the Revised Code,	17668
who have breached the terms of a rental agreement or violated	17669
section 5322.04 of the Revised Code;	17670

(14) Against any resident or occupant who, pursuant to a	17671
rental agreement, resides in or occupies residential premises	17672
located within one thousand feet of any school premises or	17673
preschool or child day-care center premises and to whom both of	17674
the following apply:	17675

(a) The resident's or occupant's name appears on the state	17676
registry of sex offenders and child-victim offenders maintained	17677
under section 2950.13 of the Revised Code.	17678

(b) The state registry of sex offenders and child-victim	17679
offenders indicates that the resident or occupant was convicted of	17680
or pleaded guilty to a sexually oriented offense or a child-victim	17681
oriented offense in a criminal prosecution and was not sentenced	17682
to a serious youthful offender dispositional sentence for that	17683
offense.	17684

(15) Against any tenant who permits any person to occupy	17685
residential premises located within one thousand feet of any	17686
school premises or preschool or child day-care center premises if	17687
both of the following apply to the person:	17688

(a) The person's name appears on the state registry of sex	17689
offenders and child-victim offenders maintained under section	17690
2950.13 of the Revised Code.	17691

(b) The state registry of sex offenders and child-victim	17692
offenders indicates that the person was convicted of or pleaded	17693
guilty to a sexually oriented offense or a child-victim oriented	17694
offense in a criminal prosecution and was not sentenced to a	17695
serious youthful offender dispositional sentence for that offense.	17696

(B) If a tenant or manufactured home park resident holding	17697
under an oral tenancy is in default in the payment of rent, the	17698
tenant or resident forfeits the right of occupancy, and the	17699
landlord may, at the landlord's option, terminate the tenancy by	17700
notifying the tenant or resident, as provided in section 1923.04	17701
of the Revised Code, to leave the premises, for the restitution of	17702
which an action may then be brought under this chapter.	17703

(C)(1) If a tenant or any other person with the tenant's	17704
permission resides in or occupies residential premises that are	17705
located within one thousand feet of any school premises and is a	17706
resident or occupant of the type described in division (A)(14) of	17707
this section or a person of the type described in division (A)(15)	17708
of this section, the landlord for those residential premises, upon	17709
discovery that the tenant or other person is a resident, occupant,	17710
or person of that nature, may terminate the rental agreement or	17711
tenancy for those residential premises by notifying the tenant and	17712
all other occupants, as provided in section 1923.04 of the Revised	17713
Code, to leave the premises.	17714

(2) If a landlord is authorized to terminate a rental	17715
agreement or tenancy pursuant to division (C)(1) of this section	17716
but does not so terminate the rental agreement or tenancy, the	17717
landlord is not liable in a tort or other civil action in damages	17718
for any injury, death, or loss to person or property that	17719
allegedly result from that decision.	17720

(D) This chapter does not apply to a student tenant as	17721
defined by division (H) of section 5321.01 of the Revised Code	17722
when the college or university proceeds to terminate a rental	17723
agreement pursuant to section 5321.031 of the Revised Code.	17724

Sec. 1923.061. (A) Any defense in an action under this	17725
chapter may be asserted at trial.	17726

(B) In an action for possession of residential premises based	17727
upon nonpayment of the rent or in an action for rent when the	17728
tenant or manufactured home park resident is in possession, the	17729
tenant or resident may counterclaim for any amount hethe tenant	17730
or resident may recover under the rental agreement or under	17731
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	17732
the court from time to time may order the tenant or resident to	17733
pay into court all or part of the past due rent and rent becoming	17734
due during the pendency of the action. After trial and judgment,	17735
the party to whom a net judgment is owed shall be paid first from	17736
the money paid into court, and any balance shall be satisfied as	17737
any other judgment. If no rent remains due after application of	17738
this division, judgment shall be entered for the tenant or	17739
resident in the action for possession. If the tenant or resident	17740
has paid into court an amount greater than that necessary to	17741
satisfy a judgment obtained by the landlord, the balance shall be	17742
returned by the court to the tenant or resident.	17743

Sec. 1923.15. During any proceeding involving residential	17744
premises under this chapter, the court may order an appropriate	17745
governmental agency to inspect the residential premises. If the	17746
agency determines and the court finds conditions which constitute	17747
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	17748
Code, and if the premises have been vacated or are to be restored	17749
to the landlord, the court may issue an order forbidding the	17750
re-rental of the property until such conditions are corrected. If	17751
the agency determines and the court finds such conditions, and if	17752
the court finds that the tenant or manufactured home park resident	17753
may remain in possession, the court may order such conditions	17754
corrected. If such conditions have been caused by the tenant or	17755
resident, the court may award damages to the landlord equal to the	17756
reasonable cost of correcting such conditions.	17757

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	17758
entity that appoints or employs any person responsible for a	17759
child's care in out-of-home care shall request the superintendent	17760
of BCII to conduct a criminal records check with respect to any	17761
person who is under final consideration for appointment or	17762
employment as a person responsible for a child's care in	17763
out-of-home care, except that section 3319.39 of the Revised Code	17764
shall apply instead of this section if the out-of-home care entity	17765
is a public school, educational service center, or chartered	17766
nonpublic school.	17767

(2) At the times specified in this division, the	17768
administrative director of an agency, or attorney, who arranges an	17769
adoption for a prospective adoptive parent shall request the	17770
superintendent of BCII to conduct a criminal records check with	17771
respect to that prospective adoptive parent and a criminal records	17772
check with respect to all persons eighteen years of age or older	17773
who reside with the prospective adoptive parent. The	17774
administrative director or attorney shall request a criminal	17775
records check pursuant to this division at the time of the initial	17776
home study, every four years after the initial home study at the	17777
time of an update, and at the time that an adoptive home study is	17778
completed as a new home study.	17779

(3) Before a recommending agency submits a recommendation to	17780
the department of job and family services on whether the	17781
department should issue a certificate to a foster home under	17782
section 5103.03 of the Revised Code, and every four years	17783
thereafter prior to a recertification under that section, the	17784
administrative director of the agency shall request that the	17785
superintendent of BCII conduct a criminal records check with	17786
respect to the prospective foster caregiver and a criminal records	17787
check with respect to all other persons eighteen years of age or	17788
older who reside with the foster caregiver.	17789

(B)(1) If a person subject to a criminal records check under	17790
division (A)(1) of this section does not present proof that the	17791
person has been a resident of this state for the five-year period	17792
immediately prior to the date upon which the criminal records	17793
check is requested or does not provide evidence that within that	17794
five-year period the superintendent of BCII has requested	17795
information about the person from the federal bureau of	17796
investigation in a criminal records check, the appointing or	17797
hiring officer shall request that the superintendent of BCII	17798
obtain information from the federal bureau of investigation as a	17799
part of the criminal records check, including fingerprint-based	17800
checks of national crime information databases as described in 42	17801
U.S.C. 671. If a person subject to a criminal records check under	17802
division (A)(1) of this section presents proof that the person has	17803
been a resident of this state for that five-year period, the	17804
appointing or hiring officer or attorney may request that the	17805
superintendent of BCII include information from the federal bureau	17806
of investigation in the criminal records check, including	17807
fingerprint-based checks of national crime information databases	17808
as described in 42 U.S.C. 671.	17809

When the administrative director of an agency, or attorney,	17810
who arranges an adoption for a prospective parent requests, at the	17811
time of the initial home study, a criminal records check for a	17812
person pursuant to division (A)(2) of this section, the	17813
administrative director or attorney shall request that the	17814
superintendent of BCII obtain information from the federal bureau	17815
of investigation as part of the criminal records check, including	17816
fingerprint-based checks of national crime information databases	17817
as described in 42 U.S.C. 671, for the person subject to the	17818
criminal records check. In all other cases in which the	17819
administrative director of an agency, or attorney, who arranges an	17820
adoption for a prospective parent requests a criminal records	17821
check for a person pursuant to division (A)(2) of this section,	17822
the administrative director or attorney may request that the	17823
superintendent of BCII include information from the federal bureau	17824
of investigation in the criminal records check, including	17825
fingerprint-based checks of national crime information databases	17826
as described in 42 U.S.C. 671.	17827

When the administrative director of a recommending agency	17828
requests, before submitting a recommendation to the department of	17829
job and family services on whether the department should issue a	17830
certificate to a foster home under section 5103.03 of the Revised	17831
Code, a criminal records check for a person pursuant to division	17832
(A)(3) of this section, the administrative director shall request	17833
that the superintendent of BCII obtain information from the	17834
federal bureau of investigation as part of a criminal records	17835
check, including fingerprint-based checks of national crime	17836
information databases as described in 42 U.S.C. 671, for the	17837
person subject to the criminal records check. In all other cases	17838
in which the administrative director of a recommending agency	17839
requests a criminal records check for a person pursuant to	17840
division (A)(3) of this section, the administrative director may	17841
request that the superintendent of BCII include information from	17842
the federal bureau of investigation in the criminal records check,	17843
including fingerprint-based checks of national crime information	17844
databases as described in 42 U.S.C. 671.	17845

Prior to a hearing on a final decree of adoption or	17846
interlocutory order of adoption by a probate court, the	17847
administrative director of an agency, or an attorney, who arranges	17848
an adoption for a prospective parent shall provide to the clerk of	17849
the probate court either of the following:	17850

(a) Any information received pursuant to a request made under	17851
this division from the superintendent of BCII or the federal	17852
bureau of investigation as part of the criminal records check,	17853
including fingerprint-based checks of national crime information	17854
databases as described in 42 U.S.C. 671, for the person subject to	17855
the criminal records check;	17856

(b) Written notification that the person subject to a	17857
criminal records check pursuant to this division failed upon	17858
request to provide the information necessary to complete the form	17859
or failed to provide impressions of the person's fingerprints as	17860
required under division (B)(2) of this section.	17861

(2) An appointing or hiring officer, administrative director,	17862
or attorney required by division (A) of this section to request a	17863
criminal records check shall provide to each person subject to a	17864
criminal records check a copy of the form prescribed pursuant to	17865
division (C)(1) of section 109.572 of the Revised Code and a	17866
standard impression sheet to obtain fingerprint impressions	17867
prescribed pursuant to division (C)(2) of section 109.572 of the	17868
Revised Code, obtain the completed form and impression sheet from	17869
the person, and forward the completed form and impression sheet to	17870
the superintendent of BCII at the time the criminal records check	17871
is requested.	17872

Any person subject to a criminal records check who receives	17873
pursuant to this division a copy of the form prescribed pursuant	17874
to division (C)(1) of section 109.572 of the Revised Code and a	17875
copy of an impression sheet prescribed pursuant to division (C)(2)	17876
of that section and who is requested to complete the form and	17877
provide a set of fingerprint impressions shall complete the form	17878
or provide all the information necessary to complete the form and	17879
shall provide the impression sheet with the impressions of the	17880
person's fingerprints. If a person subject to a criminal records	17881
check, upon request, fails to provide the information necessary to	17882
complete the form or fails to provide impressions of the person's	17883
fingerprints, the appointing or hiring officer shall not appoint	17884
or employ the person as a person responsible for a child's care in	17885
out-of-home care, a probate court may not issue a final decree of	17886
adoption or an interlocutory order of adoption making the person	17887
an adoptive parent, and the department of job and family services	17888
shall not issue a certificate authorizing the prospective foster	17889
caregiver to operate a foster home.	17890

(C)(1) No appointing or hiring officer shall appoint or	17891
employ a person as a person responsible for a child's care in	17892
out-of-home care, the department of job and family services shall	17893
not issue a certificate under section 5103.03 of the Revised Code	17894
authorizing a prospective foster caregiver to operate a foster	17895
home, and no probate court shall issue a final decree of adoption	17896
or an interlocutory order of adoption making a person an adoptive	17897
parent if the person or, in the case of a prospective foster	17898
caregiver or prospective adoptive parent, any person eighteen	17899
years of age or older who resides with the prospective foster	17900
caregiver or prospective adoptive parent previously has been	17901
convicted of or pleaded guilty to any of the violations described	17902
in division (A)~~(8)~~(5) of section 109.572 of the Revised Code,	17903
unless the person meets rehabilitation standards established in	17904
rules adopted under division (F) of this section.	17905

(2) The appointing or hiring officer may appoint or employ a	17906
person as a person responsible for a child's care in out-of-home	17907
care conditionally until the criminal records check required by	17908
this section is completed and the officer receives the results of	17909
the criminal records check. If the results of the criminal records	17910
check indicate that, pursuant to division (C)(1) of this section,	17911
the person subject to the criminal records check does not qualify	17912
for appointment or employment, the officer shall release the	17913
person from appointment or employment.	17914

(3) Prior to certification or recertification under section	17915
5103.03 of the Revised Code, the prospective foster caregiver	17916
subject to a criminal records check under division (A)(3) of this	17917
section shall notify the recommending agency of the revocation of	17918
any foster home license, certificate, or other similar	17919
authorization in another state occurring within the five years	17920
prior to the date of application to become a foster caregiver in	17921
this state. The failure of a prospective foster caregiver to	17922
notify the recommending agency of any revocation of that type in	17923
another state that occurred within that five-year period shall be	17924
grounds for denial of the person's foster home application or the	17925
revocation of the person's foster home certification, whichever is	17926
applicable. If a person has had a revocation in another state	17927
within the five years prior to the date of the application, the	17928
department of job and family services shall not issue a foster	17929
home certificate to the prospective foster caregiver.	17930

(D) The appointing or hiring officer, administrative	17931
director, or attorney shall pay to the bureau of criminal	17932
identification and investigation the fee prescribed pursuant to	17933
division (C)(3) of section 109.572 of the Revised Code for each	17934
criminal records check conducted in accordance with that section	17935
upon a request pursuant to division (A) of this section. The	17936
officer, director, or attorney may charge the person subject to	17937
the criminal records check a fee for the costs the officer,	17938
director, or attorney incurs in obtaining the criminal records	17939
check. A fee charged under this division shall not exceed the	17940
amount of fees the officer, director, or attorney pays for the	17941
criminal records check. If a fee is charged under this division,	17942
the officer, director, or attorney shall notify the person who is	17943
the applicant at the time of the person's initial application for	17944
appointment or employment, an adoption to be arranged, or a	17945
certificate to operate a foster home of the amount of the fee and	17946
that, unless the fee is paid, the person who is the applicant will	17947
not be considered for appointment or employment or as an adoptive	17948
parent or foster caregiver.	17949

(E) The report of any criminal records check conducted by the	17950
bureau of criminal identification and investigation in accordance	17951
with section 109.572 of the Revised Code and pursuant to a request	17952
made under division (A) of this section is not a public record for	17953
the purposes of section 149.43 of the Revised Code and shall not	17954
be made available to any person other than the following:	17955

(1) The person who is the subject of the criminal records	17956
check or the person's representative;	17957

(2) The appointing or hiring officer, administrative	17958
director, or attorney requesting the criminal records check or the	17959
officer's, director's, or attorney's representative;	17960

(3) The department of job and family services, a county	17961
department of job and family services, or a public children	17962
services agency;	17963

(4) Any court, hearing officer, or other necessary individual	17964
involved in a case dealing with the denial of employment, a final	17965
decree of adoption or interlocutory order of adoption, or a foster	17966
home certificate.	17967

(F) The director of job and family services shall adopt rules	17968
in accordance with Chapter 119. of the Revised Code to implement	17969
this section. The rules shall include rehabilitation standards a	17970
person who has been convicted of or pleaded guilty to an offense	17971
listed in division (A)~~(8)~~(5) of section 109.572 of the Revised	17972
Code must meet for an appointing or hiring officer to appoint or	17973
employ the person as a person responsible for a child's care in	17974
out-of-home care, a probate court to issue a final decree of	17975
adoption or interlocutory order of adoption making the person an	17976
adoptive parent, or the department to issue a certificate	17977
authorizing the prospective foster caregiver to operate a foster	17978
home or not revoke a foster home certificate for a violation	17979
specified in section 5103.0328 of the Revised Code.	17980

(G) An appointing or hiring officer, administrative director,	17981
or attorney required by division (A) of this section to request a	17982
criminal records check shall inform each person who is the	17983
applicant, at the time of the person's initial application for	17984
appointment or employment, an adoption to be arranged, or a foster	17985
home certificate, that the person subject to the criminal records	17986
check is required to provide a set of impressions of the person's	17987
fingerprints and that a criminal records check is required to be	17988
conducted and satisfactorily completed in accordance with section	17989
109.572 of the Revised Code.	17990

(H) The department of job and family services may waive the	17991
requirement that a criminal records check based on fingerprints be	17992
conducted for an adult resident of a prospective adoptive or	17993
foster home or the home of a foster caregiver if the recommending	17994
agency documents to the department's satisfaction that the adult	17995
resident is physically unable to comply with the fingerprinting	17996
requirement and poses no danger to foster children or adoptive	17997
children who may be placed in the home. In such cases, the	17998
recommending or approving agency shall request that the bureau of	17999
criminal identification and investigation conduct a criminal	18000
records check using the person's name and social security number.	18001

(I) As used in this section:

18002

(1) "Children's hospital" means any of the following:

18003

(a) A hospital registered under section 3701.07 of the	18004
Revised Code that provides general pediatric medical and surgical	18005
care, and in which at least seventy-five per cent of annual	18006
inpatient discharges for the preceding two calendar years were	18007
individuals less than eighteen years of age;	18008

(b) A distinct portion of a hospital registered under section	18009
3701.07 of the Revised Code that provides general pediatric	18010
medical and surgical care, has a total of at least one hundred	18011
fifty registered pediatric special care and pediatric acute care	18012
beds, and in which at least seventy-five per cent of annual	18013
inpatient discharges for the preceding two calendar years were	18014
individuals less than eighteen years of age;	18015

(c) A distinct portion of a hospital, if the hospital is	18016
registered under section 3701.07 of the Revised Code as a	18017
children's hospital and the children's hospital meets all the	18018
requirements of division (I)(1)(a) of this section.	18019

(2) "Criminal records check" has the same meaning as in	18020
section 109.572 of the Revised Code.	18021

(3) "Person responsible for a child's care in out-of-home	18022
care" has the same meaning as in section 2151.011 of the Revised	18023
Code, except that it does not include a prospective employee of	18024
the department of youth services or a person responsible for a	18025
child's care in a hospital or medical clinic other than a	18026
children's hospital.	18027

(4) "Person subject to a criminal records check" means the	18028
following:	18029

(a) A person who is under final consideration for appointment	18030
or employment as a person responsible for a child's care in	18031
out-of-home care;	18032

(b) A prospective adoptive parent;

18033

18034

(d) A person eighteen years old or older who resides with a	18035
prospective foster caregiver or a prospective adoptive parent.	18036

(5) "Recommending agency" means a public children services	18037
agency, private child placing agency, or private noncustodial	18038
agency to which the department of job and family services has	18039
delegated a duty to inspect and approve foster homes.	18040

(6) "Superintendent of BCII" means the superintendent of the	18041
bureau of criminal identification and investigation.	18042

Sec. 2152.121. (A) If a complaint is filed against a child	18043
alleging that the child is a delinquent child and the case is	18044
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of	18045
section 2152.12 of the Revised Code, the juvenile court that	18046
transferred the case shall retain jurisdiction for purposes of	18047
making disposition of the child when required under division (B)	18048
of this section.	18049

(B) If a complaint is filed against a child alleging that the	18050
child is a delinquent child, if the case is transferred pursuant	18051
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of	18052
the Revised Code, and if the child subsequently is convicted of or	18053
pleads guilty to an offense in that case, the sentence to be	18054
imposed or disposition to be made of the child shall be determined	18055
as follows:	18056

(1) The court in which the child is convicted of or pleads	18057
guilty to the offense shall determine whether, had a complaint	18058
been filed in juvenile court alleging that the child was a	18059
delinquent child for committing an act that would be that offense	18060
if committed by an adult, division (A) of section 2152.12 of the	18061
Revised Code would have required mandatory transfer of the case or	18062
division (B) of that section would have allowed discretionary	18063
transfer of the case. The court shall not consider the factor	18064
specified in division (B)(3) of section 2152.12 of the Revised	18065
Code in making its determination under this division.	18066

(2) If the court in which the child is convicted of or pleads	18067
guilty to the offense determines under division (B)(1) of this	18068
section that, had a complaint been filed in juvenile court	18069
alleging that the child was a delinquent child for committing an	18070
act that would be that offense if committed by an adult, division	18071
(A) of section 2152.12 of the Revised Code would not have required	18072
mandatory transfer of the case, and division (B) of that section	18073
would not have allowed discretionary transfer of the case, the	18074
court shall transfer jurisdiction of the case back to the juvenile	18075
court that initially transferred the case, the court and all other	18076
agencies that have any record of the conviction of the child or	18077
the child's guilty plea shall expunge the conviction or guilty	18078
plea and all records of it, the conviction or guilty plea shall be	18079
considered and treated for all purposes other than as provided in	18080
this section to have never occurred, the conviction or guilty plea	18081
shall be considered and treated for all purposes other than as	18082
provided in this section to have been a delinquent child	18083
adjudication of the child, and the juvenile court shall impose one	18084
or more traditional juvenile dispositions upon the child under	18085
sections 2152.19 and 2152.20 of the Revised Code.	18086

(3) If the court in which the child is convicted of or pleads	18087
guilty to the offense determines under division (B)(1) of this	18088
section that, had a complaint been filed in juvenile court	18089
alleging that the child was a delinquent child for committing an	18090
act that would be that offense if committed by an adult, division	18091
(A) of section 2152.12 of the Revised Code would not have required	18092
mandatory transfer of the case but division (B) of that section	18093
would have allowed discretionary transfer of the case, the court	18094
shall determine the sentence it believes should be imposed upon	18095
the child under Chapter 2929. of the Revised Code, shall impose	18096
that sentence upon the child, and shall stay that sentence pending	18097
completion of the procedures specified in this division. Upon	18098
imposition and staying of the sentence, the court shall transfer	18099
jurisdiction of the case back to the juvenile court that initially	18100
transferred the case and the juvenile court shall proceed in	18101
accordance with this division. In no case may the child waive a	18102
right to a hearing of the type described in division (B)(3)(b) of	18103
this section, regarding a motion filed as described in that	18104
division by the prosecuting attorney in the case. Upon transfer of	18105
jurisdiction of the case back to the juvenile court, both of the	18106
following apply:	18107

(a) Except as otherwise provided in division (B)(3)(b) of	18108
this section, the juvenile court shall impose a serious youthful	18109
offender dispositional sentence upon the child under division	18110
(D)(1) of section 2152.13 of the Revised Code. In imposing the	18111
adult portion of that sentence, the juvenile court shall consider	18112
and give preference to the sentence imposed upon the child by the	18113
court in which the child was convicted of or pleaded guilty to the	18114
offense. Upon imposing a serious youthful offender dispositional	18115
sentence upon the child as described in this division, the	18116
juvenile court shall notify the court in which the child was	18117
convicted of or pleaded guilty to the offense, the sentence	18118
imposed upon the child by that court shall terminate, the court	18119
and all other agencies that have any record of the conviction of	18120
the child shall expunge the conviction or guilty plea and all	18121
records of it, the conviction or guilty plea shall be considered	18122
and treated for all purposes other than as provided in this	18123
section to have never occurred, and the conviction or guilty plea	18124
shall be considered and treated for all purposes other than as	18125
provided in this section to have been a delinquent child	18126
adjudication of the child.	18127

(b) Upon the transfer, the prosecuting attorney in the case	18128
may file a motion in the juvenile court that objects to the	18129
imposition of a serious youthful offender dispositional sentence	18130
upon the child and requests that the sentence imposed upon the	18131
child by the court in which the child was convicted of or pleaded	18132
guilty to the offense be invoked. Upon the filing of a motion	18133
under this division, the juvenile court shall hold a hearing to	18134
determine whether the child is not amenable to care or	18135
rehabilitation within the juvenile system and whether the safety	18136
of the community may require that the child be subject solely to	18137
adult sanctions. If the juvenile court at the hearing finds that	18138
the child is not amenable to care or rehabilitation within the	18139
juvenile system or that the safety of the community may require	18140
that the child be subject solely to adult sanctions, the court	18141
shall grant the motion. Absent such a finding, the juvenile court	18142
shall deny the motion. In making its decision under this division,	18143
the juvenile court shall consider the factors listed in division	18144
(D) of section 2152.12 of the Revised Code as factors indicating	18145
that the motion should be granted, shall consider the factors	18146
listed in division (E) of that section as factors indicating that	18147
the motion should not be granted, and shall consider whether the	18148
applicable factors listed in division (D) of that section outweigh	18149
the applicable factors listed in division (E) of that section.	18150

If the juvenile court grants the motion of the prosecuting	18151
attorney under this division, the juvenile court shall transfer	18152
jurisdiction of the case back to the court in which the child was	18153
convicted of or pleaded guilty to the offense, and the sentence	18154
imposed by that court shall be invoked. If the juvenile court	18155
denies the motion of the prosecuting attorney under this section,	18156
the juvenile court shall impose a serious youthful offender	18157
dispositional sentence upon the child in accordance with division	18158
(B)(3)(a) of this section.	18159

(4) If the court in which the child is convicted of or pleads	18160
guilty to the offense determines under division (B)(1) of this	18161
section that, had a complaint been filed in juvenile court	18162
alleging that the child was a delinquent child for committing an	18163
act that would be that offense if committed by an adult, division	18164
(A) of section 2152.12 of the Revised Code would have required	18165
mandatory transfer of the case, the court shall impose sentence	18166
upon the child under Chapter 2929. of the Revised Code.	18167

Sec. 2152.131. (A) The department of youth services, for the	18168
purposes of this section, shall select a single validated risk	18169
assessment tool for delinquent children that assesses the	18170
delinquent child's risk to reoffend. The assessment tool shall be	18171
used as described in division (B) of this section.	18172

(B)(1) In determining whether to initiate a serious youthful	18173
offender dispositional sentence process under section 2152.13 of	18174
the Revised Code with respect to an alleged delinquent child who	18175
is eligible for the dispositional sentence, a prosecuting attorney	18176
shall utilize the single validated risk assessment tool selected	18177
by the department of youth services under division (A) of this	18178
section.	18179

(2)(a) If a child is adjudicated a delinquent child under	18180
circumstances that require the juvenile court to impose upon the	18181
child a serious youthful dispositional sentence under section	18182
2152.11 or division (B)(3) of section 2151.121 of the Revised	18183
Code, or under circumstances that allow, but do not require, the	18184
juvenile court to impose upon the child a serious youthful	18185
dispositional sentence under section 2152.11 of the Revised Code,	18186
except as otherwise provided in division (B)(2)(b) of this	18187
section, the court shall utilize the single validated risk	18188
assessment tool selected by the department of youth services under	18189
division (A) of this section in determining the traditional	18190
juvenile disposition or dispositions to impose on the child under	18191
sections 2152.16, 2152.19, 2152.20, and, if applicable, section	18192
2152.17 of the Revised Code, as the juvenile portion of the	18193
serious youthful offender dispositional sentence described in	18194
division (D)(1) or (2)(a) of section 2152.13 of the Revised Code	18195
or as the disposition described in division (D)(2)(b) of that	18196
section.	18197

(b) Division (B)(2)(a) of this section does not apply if the	18198
court is required to commit the child to the department of youth	18199
services under the juvenile portion of the sentence.	18200

(C) For each entity required to use the assessment tool,	18201
every employee of the entity who actually uses the tool shall be	18202
trained and certified by a trainer who is certified by the	18203
department of youth services. Each entity that utilizes the	18204
assessment tool shall develop policies and protocols regarding all	18205
of the following:	18206

(1) Application and integration of the assessment tool into	18207
operation, supervision, and case planning;	18208

(2) Administrative oversight of the use of the assessment	18209
tool;	18210

(3) Staff training;

18211

(4) Quality assurance;

18212

(5) Data collection.

18213

Sec. 2152.22. (A) When a child is committed to the legal	18214
custody of the department of youth services under this chapter,	18215
the juvenile court relinquishes control with respect to the child	18216
so committed, except as provided in divisions (B), (C), (D), and	18217
(H) of this section or in sections 2152.82 to 2152.86 of the	18218
Revised Code. Subject to divisions (B), (C), and (D) of this	18219
section, sections 2151.353 and 2151.412 to 2151.421 of the Revised	18220
Code, sections 2152.82 to 2152.86 of the Revised Code, and any	18221
other provision of law that specifies a different duration for a	18222
dispositional order, all other dispositional orders made by the	18223
court under this chapter shall be temporary and shall continue for	18224
a period that is designated by the court in its order, until	18225
terminated or modified by the court or until the child attains	18226
twenty-one years of age.	18227

The department shall not release the child from a department	18228
facility and as a result shall not discharge the child or order	18229
the child's release on supervised release prior to the expiration	18230
of the minimum period specified by the court in division (A)(1) of	18231
section 2152.16 of the Revised Code and any term of commitment	18232
imposed under section 2152.17 of the Revised Code or prior to the	18233
child's attainment of twenty-one years of age, except upon the	18234
order of a court pursuant to division (B), (C), or (D) of this	18235
section or in accordance with section 5139.54 of the Revised Code.	18236

(B)(1) ~~The~~Unless the court grants judicial release under	18237
division (D)(1)(b) of this section, the court that commits a	18238
delinquent child to the department of youth services may grant	18239
judicial release of the child to court supervision under this	18240
division during the first half of the prescribed minimum term for	18241
which the child was committed to the department or, if the child	18242
was committed to the department until the child attains twenty-one	18243
years of age, during the first half of the prescribed period of	18244
commitment that begins on the first day of commitment and ends on	18245
the child's twenty-first birthday, provided any commitment imposed	18246
under division (A), (B), (C), or (D) of section 2152.17 of the	18247
Revised Code has ended.	18248

(2) If the department desires to release a child during a	18249
period specified in division (B)(1) of this section, it shall	18250
request the court that committed the child to grant a judicial	18251
release of the child to court supervision under this division.	18252
During whichever of those periods is applicable, the child or the	18253
parents of the child also may request that court to grant a	18254
judicial release of the child to court supervision. Upon receipt	18255
of a request for a judicial release to court supervision under	18256
this division from the department, the child, or the child's	18257
parent, or upon its own motion, the court that committed the child	18258
shall do one of the following: approve the release by journal	18259
entry; schedule within thirty days after the request is received a	18260
time for a hearing on whether the child is to be released; or	18261
reject the request by journal entry without conducting a hearing.	18262

If the court rejects an initial request for a release under	18263
this division by the child or the child's parent, the child or the	18264
child's parent may make one additional request for a judicial	18265
release to court supervision within the applicable period. The	18266
additional request may be made no earlier than thirty days after	18267
the filing of the prior request for a judicial release to court	18268
supervision. Upon the filing of a second request for a judicial	18269
release to court supervision, the court shall either approve or	18270
disapprove the release by journal entry or schedule within thirty	18271
days after the request is received a time for a hearing on whether	18272
the child is to be released.	18273

(3) If a court schedules a hearing under division (B)(2) of	18274
this section, it may order the department to deliver the child to	18275
the court on the date set for the hearing and may order the	18276
department to present to the court a report on the child's	18277
progress in the institution to which the child was committed and	18278
recommendations for conditions of supervision of the child by the	18279
court after release. The court may conduct the hearing without the	18280
child being present. The court shall determine at the hearing	18281
whether the child should be granted a judicial release to court	18282
supervision.	18283

If the court approves the release under this division, it	18284
shall order its staff to prepare a written treatment and	18285
rehabilitation plan for the child that may include any conditions	18286
of the child's release that were recommended by the department and	18287
approved by the court. The committing court shall send the	18288
juvenile court of the county in which the child is placed a copy	18289
of the recommended plan. The court of the county in which the	18290
child is placed may adopt the recommended conditions set by the	18291
committing court as an order of the court and may add any	18292
additional consistent conditions it considers appropriate. If a	18293
child is granted a judicial release to court supervision, the	18294
release discharges the child from the custody of the department of	18295
youth services.	18296

(C)(1) ~~The~~Unless the court grants judicial release under	18297
division (D)(1)(b) of this section, the court that commits a	18298
delinquent child to the department of youth services may grant	18299
judicial release of the child to department of youth services	18300
supervision under this division during the second half of the	18301
prescribed minimum term for which the child was committed to the	18302
department or, if the child was committed to the department until	18303
the child attains twenty-one years of age, during the second half	18304
of the prescribed period of commitment that begins on the first	18305
day of commitment and ends on the child's twenty-first birthday,	18306
provided any commitment imposed under division (A), (B), (C), or	18307
(D) of section 2152.17 of the Revised Code has ended.	18308

(2) If the department desires to release a child during a	18309
period specified in division (C)(1) of this section, it shall	18310
request the court that committed the child to grant a judicial	18311
release to department of youth services supervision. During	18312
whichever of those periods is applicable, the child or the child's	18313
parent also may request the court that committed the child to	18314
grant a judicial release to department of youth services	18315
supervision. Upon receipt of a request for judicial release to	18316
department of youth services supervision, the child, or the	18317
child's parent, or upon its own motion at any time during that	18318
period, the court shall do one of the following: approve the	18319
release by journal entry; schedule a time within thirty days after	18320
receipt of the request for a hearing on whether the child is to be	18321
released; or reject the request by journal entry without	18322
conducting a hearing.	18323

If the court rejects an initial request for release under	18324
this division by the child or the child's parent, the child or the	18325
child's parent may make one or more subsequent requests for a	18326
release within the applicable period, but may make no more than	18327
one request during each period of ninety days that the child is in	18328
a secure department facility after the filing of a prior request	18329
for early release. Upon the filing of a request for release under	18330
this division subsequent to an initial request, the court shall	18331
either approve or disapprove the release by journal entry or	18332
schedule a time within thirty days after receipt of the request	18333
for a hearing on whether the child is to be released.	18334

(3) If a court schedules a hearing under division (C)(2) of	18335
this section, it may order the department to deliver the child to	18336
the court on the date set for the hearing and shall order the	18337
department to present to the court at that time a treatment plan	18338
for the child's post-institutional care. The court may conduct the	18339
hearing without the child being present. The court shall determine	18340
at the hearing whether the child should be granted a judicial	18341
release to department of youth services supervision.	18342

If the court approves the judicial release to department of	18343
youth services supervision, the department shall prepare a written	18344
treatment and rehabilitation plan for the child pursuant to	18345
division (F) of this section that shall include the conditions of	18346
the child's release. It shall send the committing court and the	18347
juvenile court of the county in which the child is placed a copy	18348
of the plan. The court of the county in which the child is placed	18349
may adopt the conditions set by the department as an order of the	18350
court and may add any additional consistent conditions it	18351
considers appropriate, provided that the court may not add any	18352
condition that decreases the level or degree of supervision	18353
specified by the department in its plan, that substantially	18354
increases the financial burden of supervision that will be	18355
experienced by the department, or that alters the placement	18356
specified by the department in its plan. If the court of the	18357
county in which the child is placed adds to the department's plan	18358
any additional conditions, it shall enter those additional	18359
conditions in its journal and shall send to the department a copy	18360
of the journal entry of the additional conditions.	18361

If the court approves the judicial release to department of	18362
youth services supervision, the actual date on which the	18363
department shall release the child is contingent upon the	18364
department finding a suitable placement for the child. If the	18365
child is to be returned to the child's home, the department shall	18366
return the child on the date that the court schedules for the	18367
child's release or shall bear the expense of any additional time	18368
that the child remains in a department facility. If the child is	18369
unable to return to the child's home, the department shall	18370
exercise reasonable diligence in finding a suitable placement for	18371
the child, and the child shall remain in a department facility	18372
while the department finds the suitable placement.	18373

(D)(1) Subject to division (D)(3) of this section, the court	18374
that commits a delinquent child to the department of youth	18375
services may grant judicial release of the child under this	18376
division at any time after the expiration of one of the following	18377
periods of time:	18378

(a) Except as otherwise provided in division (D)(1)(b) of	18379
this section, if the child was committed to the department for a	18380
prescribed minimum period and a maximum period not to exceed the	18381
child's attainment of twenty-one years, the court may grant	18382
judicial release of the child at any time after the expiration of	18383
the prescribed minimum term for which the child was committed to	18384
the department.	18385

(b) If the child was committed to the department for both one	18386
or more definite periods under division (A), (B), (C), or (D) of	18387
section 2152.17 of the Revised Code and a period of the type	18388
described in division (D)(1)(a) of this section, all of the	18389
prescribed minimum periods of commitment imposed under division	18390
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and	18391
the prescribed period of commitment of the type described in	18392
division (D)(1)(a) of this section shall be aggregated for	18393
purposes of this division, and the court may grant judicial	18394
release of the child at any time after the expiration of one year	18395
after the child begins serving the aggregate period of commitment.	18396

(2) If a court grants a judicial release of a child under	18397
division (D)(1) of this section, the release shall be a judicial	18398
release to department of youth services supervision, if the	18399
release is granted during a period described in division (C)(1) of	18400
this section, and the second and third paragraphs of division	18401
(C)(3) of this section apply regarding the release. In all other	18402
cases, the release shall be a judicial release to court	18403
supervision, and the second paragraph of division (B)(3) of this	18404
section applies regarding the release.	18405

(3) A court at the time of making the disposition of a child	18406
shall provide notice in the order of disposition that the judge is	18407
retaining jurisdiction over the child for the purpose of a	18408
possible grant of judicial release of the child under division	18409
(D)(1) of this section. The failure of a court to provide this	18410
notice does not affect the authority of the court to grant a	18411
judicial release under that division and does not constitute	18412
grounds for setting aside the child's delinquent child	18413
adjudication or disposition or for granting any post-adjudication	18414
relief to the child.	18415

(4) The department of youth services, a child committed to	18416
the department, or the parents of the child, during a period	18417
specified in division (D)(1) of this section, may request the	18418
court that committed the child to grant a judicial release of the	18419
child under that division. Upon receipt of a request for judicial	18420
release of a child under this division from the department, the	18421
child, or the child's parent, or upon its own motion, the court	18422
that committed the child shall do one of the following:	18423

(a) Approve the request by journal entry;

18424

(b) Schedule within thirty days after the request is received	18425
a time for a hearing on whether the child is to be released;	18426

(c) Reject the request by journal entry without conducting a	18427
hearing.	18428

If the court rejects an initial request for a release under	18429
this division by the child or the child's parent, division (C)(2)	18430
of this section applies regarding the making of additional	18431
requests.	18432

If the court schedules a hearing under this division to	18433
consider the judicial release, the first paragraph of division	18434
(B)(3) of this section applies regarding the hearing.	18435

(E) If a child is released under division (B), (C), or (D) of	18436
this section and the court of the county in which the child is	18437
placed has reason to believe that the child's deportment is not in	18438
accordance with the conditions of the child's judicial release,	18439
the court of the county in which the child is placed shall	18440
schedule a time for a hearing to determine whether the child	18441
violated any of the post-release conditions, and, if the child was	18442
released under division (C) of this section or under division (D)	18443
of this section under department supervision, divisions (A) to (E)	18444
of section 5139.52 of the Revised Code apply regarding the child.	18445

If that court determines at the hearing that the child	18446
violated any of the post-release conditions, the court, if it	18447
determines that the violation was a serious violation, may order	18448
the child to be returned to the department for	18449
institutionalization, consistent with the original order of	18450
commitment of the child, or in any case may make any other	18451
disposition of the child authorized by law that the court	18452
considers proper. If the court of the county in which the child is	18453
placed orders the child to be returned to a department of youth	18454
services institution, the time during which the child was held in	18455
a secure department facility prior to the child's judicial release	18456
shall be considered as time served in fulfilling the prescribed	18457
period of institutionalization that is applicable to the child	18458
under the child's original order of commitment. If the court	18459
orders the child returned to a department institution, the child	18460
shall remain in institutional care for a minimum of three months	18461
or until the child successfully completes a revocation program of	18462
a duration of not less than thirty days operated either by the	18463
department or by an entity with which the department has	18464
contracted to provide a revocation program.	18465

(F) The department of youth services, prior to the release of	18466
a child pursuant to division (C) of this section or pursuant to	18467
division (D) of this section on department supervision, shall do	18468
all of the following:	18469

(1) After reviewing the child's rehabilitative progress	18470
history and medical and educational records, prepare a written	18471
treatment and rehabilitation plan for the child that includes	18472
conditions of the release;	18473

(2) Completely discuss the conditions of the plan prepared	18474
pursuant to division (F)(1) of this section and the possible	18475
penalties for violation of the plan with the child and the child's	18476
parents, guardian, or legal custodian;	18477

(3) Have the plan prepared pursuant to division (F)(1) of	18478
this section signed by the child, the child's parents, legal	18479
guardian, or custodian, and any authority or person that is to	18480
supervise, control, and provide supportive assistance to the child	18481
at the time of the child's release pursuant to division (C) or (D)	18482
of this section;	18483

(4) Prior to the child's release, file a copy of the	18484
treatment plan prepared pursuant to division (F)(1) of this	18485
section with the committing court and the juvenile court of the	18486
county in which the child is to be placed.	18487

(G) The department of youth services shall file a written	18488
progress report with the committing court regarding each child	18489
released pursuant to division (C) of this section or released	18490
pursuant to division (D) of this section on judicial release to	18491
department supervision at least once every thirty days unless	18492
specifically directed otherwise by the court. The report shall	18493
indicate the treatment and rehabilitative progress of the child	18494
and the child's family, if applicable, and shall include any	18495
suggestions for altering the program, custody, living	18496
arrangements, or treatment. The department shall retain legal	18497
custody of a child so released until it discharges the child or	18498
until the custody is terminated as otherwise provided by law.	18499

(H) When a child is committed to the legal custody of the	18500
department of youth services, the court retains jurisdiction to	18501
perform the functions specified in section 5139.51 of the Revised	18502
Code with respect to the granting of supervised release by the	18503
release authority and to perform the functions specified in	18504
section 5139.52 of the Revised Code with respect to violations of	18505
the conditions of supervised release granted by the release	18506
authority and to the revocation of supervised release granted by	18507
the release authority.	18508

Sec. 2301.03. (A) In Franklin county, the judges of the	18509
court of common pleas whose terms begin on January 1, 1953,	18510
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	18511
1997, and successors, shall have the same qualifications, exercise	18512
the same powers and jurisdiction, and receive the same	18513
compensation as other judges of the court of common pleas of	18514
Franklin county and shall be elected and designated as judges of	18515
the court of common pleas, division of domestic relations. They	18516
shall have all the powers relating to juvenile courts, and all	18517
cases under Chapters 2151. and 2152. of the Revised Code, all	18518
parentage proceedings under Chapter 3111. of the Revised Code over	18519
which the juvenile court has jurisdiction, and all divorce,	18520
dissolution of marriage, legal separation, and annulment cases	18521
shall be assigned to them. In addition to the judge's regular	18522
duties, the judge who is senior in point of service shall serve on	18523
the children services board and the county advisory board and	18524
shall be the administrator of the domestic relations division and	18525
its subdivisions and departments.	18526

(B) In Hamilton county:

18527

(1) The judge of the court of common pleas, whose term begins	18528
on January 1, 1957, and successors, and the judge of the court of	18529
common pleas, whose term begins on February 14, 1967, and	18530
successors, shall be the juvenile judges as provided in Chapters	18531
2151. and 2152. of the Revised Code, with the powers and	18532
jurisdiction conferred by those chapters.	18533

(2) The judges of the court of common pleas whose terms begin	18534
on January 5, 1957, January 16, 1981, and July 1, 1991, and	18535
successors, shall be elected and designated as judges of the court	18536
of common pleas, division of domestic relations, and shall have	18537
assigned to them all divorce, dissolution of marriage, legal	18538
separation, and annulment cases coming before the court. On or	18539
after the first day of July and before the first day of August of	18540
1991 and each year thereafter, a majority of the judges of the	18541
division of domestic relations shall elect one of the judges of	18542
the division as administrative judge of that division. If a	18543
majority of the judges of the division of domestic relations are	18544
unable for any reason to elect an administrative judge for the	18545
division before the first day of August, a majority of the judges	18546
of the Hamilton county court of common pleas, as soon as possible	18547
after that date, shall elect one of the judges of the division of	18548
domestic relations as administrative judge of that division. The	18549
term of the administrative judge shall begin on the earlier of the	18550
first day of August of the year in which the administrative judge	18551
is elected or the date on which the administrative judge is	18552
elected by a majority of the judges of the Hamilton county court	18553
of common pleas and shall terminate on the date on which the	18554
administrative judge's successor is elected in the following year.	18555

In addition to the judge's regular duties, the administrative	18556
judge of the division of domestic relations shall be the	18557
administrator of the domestic relations division and its	18558
subdivisions and departments and shall have charge of the	18559
employment, assignment, and supervision of the personnel of the	18560
division engaged in handling, servicing, or investigating divorce,	18561
dissolution of marriage, legal separation, and annulment cases,	18562
including any referees considered necessary by the judges in the	18563
discharge of their various duties.	18564

The administrative judge of the division of domestic	18565
relations also shall designate the title, compensation, expense	18566
allowances, hours, leaves of absence, and vacations of the	18567
personnel of the division, and shall fix the duties of its	18568
personnel. The duties of the personnel, in addition to those	18569
provided for in other sections of the Revised Code, shall include	18570
the handling, servicing, and investigation of divorce, dissolution	18571
of marriage, legal separation, and annulment cases and counseling	18572
and conciliation services that may be made available to persons	18573
requesting them, whether or not the persons are parties to an	18574
action pending in the division.	18575

The board of county commissioners shall appropriate the sum	18576
of money each year as will meet all the administrative expenses of	18577
the division of domestic relations, including reasonable expenses	18578
of the domestic relations judges and the division counselors and	18579
other employees designated to conduct the handling, servicing, and	18580
investigation of divorce, dissolution of marriage, legal	18581
separation, and annulment cases, conciliation and counseling, and	18582
all matters relating to those cases and counseling, and the	18583
expenses involved in the attendance of division personnel at	18584
domestic relations and welfare conferences designated by the	18585
division, and the further sum each year as will provide for the	18586
adequate operation of the division of domestic relations.	18587

The compensation and expenses of all employees and the salary	18588
and expenses of the judges shall be paid by the county treasurer	18589
from the money appropriated for the operation of the division,	18590
upon the warrant of the county auditor, certified to by the	18591
administrative judge of the division of domestic relations.	18592

The summonses, warrants, citations, subpoenas, and other	18593
writs of the division may issue to a bailiff, constable, or staff	18594
investigator of the division or to the sheriff of any county or	18595
any marshal, constable, or police officer, and the provisions of	18596
law relating to the subpoenaing of witnesses in other cases shall	18597
apply insofar as they are applicable. When a summons, warrant,	18598
citation, subpoena, or other writ is issued to an officer, other	18599
than a bailiff, constable, or staff investigator of the division,	18600
the expense of serving it shall be assessed as a part of the costs	18601
in the case involved.	18602

(3) The judge of the court of common pleas of Hamilton county	18603
whose term begins on January 3, 1997, and the successors to that	18604
judge shall each be elected and designated as the drug court judge	18605
of the court of common pleas of Hamilton county. The drug court	18606
judge may accept or reject any case referred to the drug court	18607
judge under division (B)(3) of this section. After the drug court	18608
judge accepts a referred case, the drug court judge has full	18609
authority over the case, including the authority to conduct	18610
arraignment, accept pleas, enter findings and dispositions,	18611
conduct trials, order treatment, and if treatment is not	18612
successfully completed pronounce and enter sentence.	18613

A judge of the general division of the court of common pleas	18614
of Hamilton county and a judge of the Hamilton county municipal	18615
court may refer to the drug court judge any case, and any	18616
companion cases, the judge determines meet the criteria described	18617
under divisions (B)(3)(a) and (b) of this section. If the drug	18618
court judge accepts referral of a referred case, the case, and any	18619
companion cases, shall be transferred to the drug court judge. A	18620
judge may refer a case meeting the criteria described in divisions	18621
(B)(3)(a) and (b) of this section that involves a violation of a	18622
condition of a community control sanction to the drug court judge,	18623
and, if the drug court judge accepts the referral, the referring	18624
judge and the drug court judge have concurrent jurisdiction over	18625
the case.	18626

A judge of the general division of the court of common pleas	18627
of Hamilton county and a judge of the Hamilton county municipal	18628
court may refer a case to the drug court judge under division	18629
(B)(3) of this section if the judge determines that both of the	18630
following apply:	18631

(a) One of the following applies:

18632

(i) The case involves a drug abuse offense, as defined in	18633
section 2925.01 of the Revised Code, that is a felony of the third	18634
or fourth degree if the offense is committed prior to July 1,	18635
1996, a felony of the third, fourth, or fifth degree if the	18636
offense is committed on or after July 1, 1996, or a misdemeanor.	18637

(ii) The case involves a theft offense, as defined in section	18638
2913.01 of the Revised Code, that is a felony of the third or	18639
fourth degree if the offense is committed prior to July 1, 1996, a	18640
felony of the third, fourth, or fifth degree if the offense is	18641
committed on or after July 1, 1996, or a misdemeanor, and the	18642
defendant is drug or alcohol dependent or in danger of becoming	18643
drug or alcohol dependent and would benefit from treatment.	18644

(b) All of the following apply:

18645

(i) The case involves an offense for which a community	18646
control sanction may be imposed or is a case in which a mandatory	18647
prison term or a mandatory jail term is not required to be	18648
imposed.	18649

(ii) The defendant has no history of violent behavior.

18650

(iii) The defendant has no history of mental illness.

18651

(iv) The defendant's current or past behavior, or both, is	18652
drug or alcohol driven.	18653

(v) The defendant demonstrates a sincere willingness to	18654
participate in a fifteen-month treatment process.	18655

(vi) The defendant has no acute health condition.

18656

(vii) If the defendant is incarcerated, the county prosecutor	18657
approves of the referral.	18658

(4) If the administrative judge of the court of common pleas	18659
of Hamilton county determines that the volume of cases pending	18660
before the drug court judge does not constitute a sufficient	18661
caseload for the drug court judge, the administrative judge, in	18662
accordance with the Rules of Superintendence for Courts of Common	18663
Pleas, shall assign individual cases to the drug court judge from	18664
the general docket of the court. If the assignments so occur, the	18665
administrative judge shall cease the assignments when the	18666
administrative judge determines that the volume of cases pending	18667
before the drug court judge constitutes a sufficient caseload for	18668
the drug court judge.	18669

(5) As used in division (B) of this section, "community	18670
control sanction," "mandatory prison term," and "mandatory jail	18671
term" have the same meanings as in section 2929.01 of the Revised	18672
Code.	18673

(C)(1) In Lorain county:

18674

(a) The judges of the court of common pleas whose terms begin	18675
on January 3, 1959, January 4, 1989, and January 2, 1999, and	18676
successors, and the judge of the court of common pleas whose term	18677
begins on February 9, 2009, shall have the same qualifications,	18678
exercise the same powers and jurisdiction, and receive the same	18679
compensation as the other judges of the court of common pleas of	18680
Lorain county and shall be elected and designated as the judges of	18681
the court of common pleas, division of domestic relations. The	18682
judges of the court of common pleas whose terms begin on January	18683
3, 1959, January 4, 1989, and January 2, 1999, and successors,	18684
shall have all of the powers relating to juvenile courts, and all	18685
cases under Chapters 2151. and 2152. of the Revised Code, all	18686
parentage proceedings over which the juvenile court has	18687
jurisdiction, and all divorce, dissolution of marriage, legal	18688
separation, and annulment cases shall be assigned to them, except	18689
cases that for some special reason are assigned to some other	18690
judge of the court of common pleas. From February 9, 2009, through	18691
September 28, 2009, the judge of the court of common pleas whose	18692
term begins on February 9, 2009, shall have all the powers	18693
relating to juvenile courts, and cases under Chapters 2151. and	18694
2152. of the Revised Code, parentage proceedings over which the	18695
juvenile court has jurisdiction, and divorce, dissolution of	18696
marriage, legal separation, and annulment cases shall be assigned	18697
to that judge, except cases that for some special reason are	18698
assigned to some other judge of the court of common pleas.	18699

(b) From January 1, 2006, through September 28, 2009, the	18700
judges of the court of common pleas, division of domestic	18701
relations, in addition to the powers and jurisdiction set forth in	18702
division (C)(1)(a) of this section, shall have jurisdiction over	18703
matters that are within the jurisdiction of the probate court	18704
under Chapter 2101. and other provisions of the Revised Code.	18705

(c) The judge of the court of common pleas, division of	18706
domestic relations, whose term begins on February 9, 2009, is the	18707
successor to the probate judge who was elected in 2002 for a term	18708
that began on February 9, 2003. After September 28, 2009, the	18709
judge of the court of common pleas, division of domestic	18710
relations, whose term begins on February 9, 2009, shall be the	18711
probate judge.	18712

(2)(a) From February 9, 2009, through September 28, 2009,	18713
with respect to Lorain county, all references in law to the	18714
probate court shall be construed as references to the court of	18715
common pleas, division of domestic relations, and all references	18716
to the probate judge shall be construed as references to the	18717
judges of the court of common pleas, division of domestic	18718
relations.	18719

(b) From February 9, 2009, through September 28, 2009, with	18720
respect to Lorain county, all references in law to the clerk of	18721
the probate court shall be construed as references to the judge	18722
who is serving pursuant to Rule 4 of the Rules of Superintendence	18723
for the Courts of Ohio as the administrative judge of the court of	18724
common pleas, division of domestic relations.	18725

(D) In Lucas county:

18726

(1) The judges of the court of common pleas whose terms begin	18727
on January 1, 1955, and January 3, 1965, and successors, shall	18728
have the same qualifications, exercise the same powers and	18729
jurisdiction, and receive the same compensation as other judges of	18730
the court of common pleas of Lucas county and shall be elected and	18731
designated as judges of the court of common pleas, division of	18732
domestic relations. All divorce, dissolution of marriage, legal	18733
separation, and annulment cases shall be assigned to them.	18734

The judge of the division of domestic relations, senior in	18735
point of service, shall be considered as the presiding judge of	18736
the court of common pleas, division of domestic relations, and	18737
shall be charged exclusively with the assignment and division of	18738
the work of the division and the employment and supervision of all	18739
other personnel of the domestic relations division.	18740

(2) The judges of the court of common pleas whose terms begin	18741
on January 5, 1977, and January 2, 1991, and successors shall have	18742
the same qualifications, exercise the same powers and	18743
jurisdiction, and receive the same compensation as other judges of	18744
the court of common pleas of Lucas county, shall be elected and	18745
designated as judges of the court of common pleas, juvenile	18746
division, and shall be the juvenile judges as provided in Chapters	18747
2151. and 2152. of the Revised Code with the powers and	18748
jurisdictions conferred by those chapters. In addition to the	18749
judge's regular duties, the judge of the court of common pleas,	18750
juvenile division, senior in point of service, shall be the	18751
administrator of the juvenile division and its subdivisions and	18752
departments and shall have charge of the employment, assignment,	18753
and supervision of the personnel of the division engaged in	18754
handling, servicing, or investigating juvenile cases, including	18755
any referees considered necessary by the judges of the division in	18756
the discharge of their various duties.	18757

The judge of the court of common pleas, juvenile division,	18758
senior in point of service, also shall designate the title,	18759
compensation, expense allowance, hours, leaves of absence, and	18760
vacation of the personnel of the division and shall fix the duties	18761
of the personnel of the division. The duties of the personnel, in	18762
addition to other statutory duties include the handling,	18763
servicing, and investigation of juvenile cases and counseling and	18764
conciliation services that may be made available to persons	18765
requesting them, whether or not the persons are parties to an	18766
action pending in the division.	18767

(3) If one of the judges of the court of common pleas,	18768
division of domestic relations, or one of the judges of the	18769
juvenile division is sick, absent, or unable to perform that	18770
judge's judicial duties or the volume of cases pending in that	18771
judge's division necessitates it, the duties shall be performed by	18772
the judges of the other of those divisions.	18773

(E) In Mahoning county:

18774

(1) The judge of the court of common pleas whose term began	18775
on January 1, 1955, and successors, shall have the same	18776
qualifications, exercise the same powers and jurisdiction, and	18777
receive the same compensation as other judges of the court of	18778
common pleas of Mahoning county, shall be elected and designated	18779
as judge of the court of common pleas, division of domestic	18780
relations, and shall be assigned all the divorce, dissolution of	18781
marriage, legal separation, and annulment cases coming before the	18782
court. In addition to the judge's regular duties, the judge of the	18783
court of common pleas, division of domestic relations, shall be	18784
the administrator of the domestic relations division and its	18785
subdivisions and departments and shall have charge of the	18786
employment, assignment, and supervision of the personnel of the	18787
division engaged in handling, servicing, or investigating divorce,	18788
dissolution of marriage, legal separation, and annulment cases,	18789
including any referees considered necessary in the discharge of	18790
the various duties of the judge's office.	18791

The judge also shall designate the title, compensation,	18792
expense allowances, hours, leaves of absence, and vacations of the	18793
personnel of the division and shall fix the duties of the	18794
personnel of the division. The duties of the personnel, in	18795
addition to other statutory duties, include the handling,	18796
servicing, and investigation of divorce, dissolution of marriage,	18797
legal separation, and annulment cases and counseling and	18798
conciliation services that may be made available to persons	18799
requesting them, whether or not the persons are parties to an	18800
action pending in the division.	18801

(2) The judge of the court of common pleas whose term began	18802
on January 2, 1969, and successors, shall have the same	18803
qualifications, exercise the same powers and jurisdiction, and	18804
receive the same compensation as other judges of the court of	18805
common pleas of Mahoning county, shall be elected and designated	18806
as judge of the court of common pleas, juvenile division, and	18807
shall be the juvenile judge as provided in Chapters 2151. and	18808
2152. of the Revised Code, with the powers and jurisdictions	18809
conferred by those chapters. In addition to the judge's regular	18810
duties, the judge of the court of common pleas, juvenile division,	18811
shall be the administrator of the juvenile division and its	18812
subdivisions and departments and shall have charge of the	18813
employment, assignment, and supervision of the personnel of the	18814
division engaged in handling, servicing, or investigating juvenile	18815
cases, including any referees considered necessary by the judge in	18816
the discharge of the judge's various duties.	18817

The judge also shall designate the title, compensation,	18818
expense allowances, hours, leaves of absence, and vacation of the	18819
personnel of the division and shall fix the duties of the	18820
personnel of the division. The duties of the personnel, in	18821
addition to other statutory duties, include the handling,	18822
servicing, and investigation of juvenile cases and counseling and	18823
conciliation services that may be made available to persons	18824
requesting them, whether or not the persons are parties to an	18825
action pending in the division.	18826

(3) If a judge of the court of common pleas, division of	18827
domestic relations or juvenile division, is sick, absent, or	18828
unable to perform that judge's judicial duties, or the volume of	18829
cases pending in that judge's division necessitates it, that	18830
judge's duties shall be performed by another judge of the court of	18831
common pleas.	18832

(F) In Montgomery county:

18833

(1) The judges of the court of common pleas whose terms begin	18834
on January 2, 1953, and January 4, 1977, and successors, shall	18835
have the same qualifications, exercise the same powers and	18836
jurisdiction, and receive the same compensation as other judges of	18837
the court of common pleas of Montgomery county and shall be	18838
elected and designated as judges of the court of common pleas,	18839
division of domestic relations. These judges shall have assigned	18840
to them all divorce, dissolution of marriage, legal separation,	18841
and annulment cases.	18842

The judge of the division of domestic relations, senior in	18843
point of service, shall be charged exclusively with the assignment	18844
and division of the work of the division and shall have charge of	18845
the employment and supervision of the personnel of the division	18846
engaged in handling, servicing, or investigating divorce,	18847
dissolution of marriage, legal separation, and annulment cases,	18848
including any necessary referees, except those employees who may	18849
be appointed by the judge, junior in point of service, under this	18850
section and sections 2301.12,and 2301.18~~, and 2301.19~~ of the	18851
Revised Code. The judge of the division of domestic relations,	18852
senior in point of service, also shall designate the title,	18853
compensation, expense allowances, hours, leaves of absence, and	18854
vacation of the personnel of the division and shall fix their	18855
duties.	18856

(2) The judges of the court of common pleas whose terms begin	18857
on January 1, 1953, and January 1, 1993, and successors, shall	18858
have the same qualifications, exercise the same powers and	18859
jurisdiction, and receive the same compensation as other judges of	18860
the court of common pleas of Montgomery county, shall be elected	18861
and designated as judges of the court of common pleas, juvenile	18862
division, and shall be, and have the powers and jurisdiction of,	18863
the juvenile judge as provided in Chapters 2151. and 2152. of the	18864
Revised Code.	18865

In addition to the judge's regular duties, the judge of the	18866
court of common pleas, juvenile division, senior in point of	18867
service, shall be the administrator of the juvenile division and	18868
its subdivisions and departments and shall have charge of the	18869
employment, assignment, and supervision of the personnel of the	18870
juvenile division, including any necessary referees, who are	18871
engaged in handling, servicing, or investigating juvenile cases.	18872
The judge, senior in point of service, also shall designate the	18873
title, compensation, expense allowances, hours, leaves of absence,	18874
and vacation of the personnel of the division and shall fix their	18875
duties. The duties of the personnel, in addition to other	18876
statutory duties, shall include the handling, servicing, and	18877
investigation of juvenile cases and of any counseling and	18878
conciliation services that are available upon request to persons,	18879
whether or not they are parties to an action pending in the	18880
division.	18881

If one of the judges of the court of common pleas, division	18882
of domestic relations, or one of the judges of the court of common	18883
pleas, juvenile division, is sick, absent, or unable to perform	18884
that judge's duties or the volume of cases pending in that judge's	18885
division necessitates it, the duties of that judge may be	18886
performed by the judge or judges of the other of those divisions.	18887

(G) In Richland county:

18888

(1) The judge of the court of common pleas whose term begins	18889
on January 1, 1957, and successors, shall have the same	18890
qualifications, exercise the same powers and jurisdiction, and	18891
receive the same compensation as the other judges of the court of	18892
common pleas of Richland county and shall be elected and	18893
designated as judge of the court of common pleas, division of	18894
domestic relations. That judge shall be assigned and hear all	18895
divorce, dissolution of marriage, legal separation, and annulment	18896
cases, all domestic violence cases arising under section 3113.31	18897
of the Revised Code, and all post-decree proceedings arising from	18898
any case pertaining to any of those matters. The division of	18899
domestic relations has concurrent jurisdiction with the juvenile	18900
division of the court of common pleas of Richland county to	18901
determine the care, custody, or control of any child not a ward of	18902
another court of this state, and to hear and determine a request	18903
for an order for the support of any child if the request is not	18904
ancillary to an action for divorce, dissolution of marriage,	18905
annulment, or legal separation, a criminal or civil action	18906
involving an allegation of domestic violence, or an action for	18907
support brought under Chapter 3115. of the Revised Code. Except in	18908
cases that are subject to the exclusive original jurisdiction of	18909
the juvenile court, the judge of the division of domestic	18910
relations shall be assigned and hear all cases pertaining to	18911
paternity or parentage, the care, custody, or control of children,	18912
parenting time or visitation, child support, or the allocation of	18913
parental rights and responsibilities for the care of children, all	18914
proceedings arising under Chapter 3111. of the Revised Code, all	18915
proceedings arising under the uniform interstate family support	18916
act contained in Chapter 3115. of the Revised Code, and all	18917
post-decree proceedings arising from any case pertaining to any of	18918
those matters.	18919

In addition to the judge's regular duties, the judge of the	18920
court of common pleas, division of domestic relations, shall be	18921
the administrator of the domestic relations division and its	18922
subdivisions and departments. The judge shall have charge of the	18923
employment, assignment, and supervision of the personnel of the	18924
domestic relations division, including any magistrates the judge	18925
considers necessary for the discharge of the judge's duties. The	18926
judge shall also designate the title, compensation, expense	18927
allowances, hours, leaves of absence, vacation, and other	18928
employment-related matters of the personnel of the division and	18929
shall fix their duties.	18930

(2) The judge of the court of common pleas whose term begins	18931
on January 3, 2005, and successors, shall have the same	18932
qualifications, exercise the same powers and jurisdiction, and	18933
receive the same compensation as other judges of the court of	18934
common pleas of Richland county, shall be elected and designated	18935
as judge of the court of common pleas, juvenile division, and	18936
shall be, and have the powers and jurisdiction of, the juvenile	18937
judge as provided in Chapters 2151. and 2152. of the Revised Code.	18938
Except in cases that are subject to the exclusive original	18939
jurisdiction of the juvenile court, the judge of the juvenile	18940
division shall not have jurisdiction or the power to hear, and	18941
shall not be assigned, any case pertaining to paternity or	18942
parentage, the care, custody, or control of children, parenting	18943
time or visitation, child support, or the allocation of parental	18944
rights and responsibilities for the care of children or any	18945
post-decree proceeding arising from any case pertaining to any of	18946
those matters. The judge of the juvenile division shall not have	18947
jurisdiction or the power to hear, and shall not be assigned, any	18948
proceeding under the uniform interstate family support act	18949
contained in Chapter 3115. of the Revised Code.	18950

In addition to the judge's regular duties, the judge of the	18951
juvenile division shall be the administrator of the juvenile	18952
division and its subdivisions and departments. The judge shall	18953
have charge of the employment, assignment, and supervision of the	18954
personnel of the juvenile division who are engaged in handling,	18955
servicing, or investigating juvenile cases, including any	18956
magistrates whom the judge considers necessary for the discharge	18957
of the judge's various duties.	18958

The judge of the juvenile division also shall designate the	18959
title, compensation, expense allowances, hours, leaves of absence,	18960
and vacation of the personnel of the division and shall fix their	18961
duties. The duties of the personnel, in addition to other	18962
statutory duties, include the handling, servicing, and	18963
investigation of juvenile cases and providing any counseling,	18964
conciliation, and mediation services that the court makes	18965
available to persons, whether or not the persons are parties to an	18966
action pending in the court, who request the services.	18967

(H) In Stark county, the judges of the court of common pleas	18968
whose terms begin on January 1, 1953, January 2, 1959, and January	18969
1, 1993, and successors, shall have the same qualifications,	18970
exercise the same powers and jurisdiction, and receive the same	18971
compensation as other judges of the court of common pleas of Stark	18972
county and shall be elected and designated as judges of the court	18973
of common pleas, division of domestic relations. They shall have	18974
all the powers relating to juvenile courts, and all cases under	18975
Chapters 2151. and 2152. of the Revised Code, all parentage	18976
proceedings over which the juvenile court has jurisdiction, and	18977
all divorce, dissolution of marriage, legal separation, and	18978
annulment cases, except cases that are assigned to some other	18979
judge of the court of common pleas for some special reason, shall	18980
be assigned to the judges.	18981

The judge of the division of domestic relations, second most	18982
senior in point of service, shall have charge of the employment	18983
and supervision of the personnel of the division engaged in	18984
handling, servicing, or investigating divorce, dissolution of	18985
marriage, legal separation, and annulment cases, and necessary	18986
referees required for the judge's respective court.	18987

The judge of the division of domestic relations, senior in	18988
point of service, shall be charged exclusively with the	18989
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	18990
of the Revised Code and with the assignment and division of the	18991
work of the division and the employment and supervision of all	18992
other personnel of the division, including, but not limited to,	18993
that judge's necessary referees, but excepting those employees who	18994
may be appointed by the judge second most senior in point of	18995
service. The senior judge further shall serve in every other	18996
position in which the statutes permit or require a juvenile judge	18997
to serve.	18998

(I) In Summit county:

18999

(1) The judges of the court of common pleas whose terms begin	19000
on January 4, 1967, and January 6, 1993, and successors, shall	19001
have the same qualifications, exercise the same powers and	19002
jurisdiction, and receive the same compensation as other judges of	19003
the court of common pleas of Summit county and shall be elected	19004
and designated as judges of the court of common pleas, division of	19005
domestic relations. The judges of the division of domestic	19006
relations shall have assigned to them and hear all divorce,	19007
dissolution of marriage, legal separation, and annulment cases	19008
that come before the court. Except in cases that are subject to	19009
the exclusive original jurisdiction of the juvenile court, the	19010
judges of the division of domestic relations shall have assigned	19011
to them and hear all cases pertaining to paternity, custody,	19012
visitation, child support, or the allocation of parental rights	19013
and responsibilities for the care of children and all post-decree	19014
proceedings arising from any case pertaining to any of those	19015
matters. The judges of the division of domestic relations shall	19016
have assigned to them and hear all proceedings under the uniform	19017
interstate family support act contained in Chapter 3115. of the	19018
Revised Code.	19019

The judge of the division of domestic relations, senior in	19020
point of service, shall be the administrator of the domestic	19021
relations division and its subdivisions and departments and shall	19022
have charge of the employment, assignment, and supervision of the	19023
personnel of the division, including any necessary referees, who	19024
are engaged in handling, servicing, or investigating divorce,	19025
dissolution of marriage, legal separation, and annulment cases.	19026
That judge also shall designate the title, compensation, expense	19027
allowances, hours, leaves of absence, and vacations of the	19028
personnel of the division and shall fix their duties. The duties	19029
of the personnel, in addition to other statutory duties, shall	19030
include the handling, servicing, and investigation of divorce,	19031
dissolution of marriage, legal separation, and annulment cases and	19032
of any counseling and conciliation services that are available	19033
upon request to all persons, whether or not they are parties to an	19034
action pending in the division.	19035

(2) The judge of the court of common pleas whose term begins	19036
on January 1, 1955, and successors, shall have the same	19037
qualifications, exercise the same powers and jurisdiction, and	19038
receive the same compensation as other judges of the court of	19039
common pleas of Summit county, shall be elected and designated as	19040
judge of the court of common pleas, juvenile division, and shall	19041
be, and have the powers and jurisdiction of, the juvenile judge as	19042
provided in Chapters 2151. and 2152. of the Revised Code. Except	19043
in cases that are subject to the exclusive original jurisdiction	19044
of the juvenile court, the judge of the juvenile division shall	19045
not have jurisdiction or the power to hear, and shall not be	19046
assigned, any case pertaining to paternity, custody, visitation,	19047
child support, or the allocation of parental rights and	19048
responsibilities for the care of children or any post-decree	19049
proceeding arising from any case pertaining to any of those	19050
matters. The judge of the juvenile division shall not have	19051
jurisdiction or the power to hear, and shall not be assigned, any	19052
proceeding under the uniform interstate family support act	19053
contained in Chapter 3115. of the Revised Code.	19054

The juvenile judge shall be the administrator of the juvenile	19055
division and its subdivisions and departments and shall have	19056
charge of the employment, assignment, and supervision of the	19057
personnel of the juvenile division, including any necessary	19058
referees, who are engaged in handling, servicing, or investigating	19059
juvenile cases. The judge also shall designate the title,	19060
compensation, expense allowances, hours, leaves of absence, and	19061
vacation of the personnel of the division and shall fix their	19062
duties. The duties of the personnel, in addition to other	19063
statutory duties, shall include the handling, servicing, and	19064
investigation of juvenile cases and of any counseling and	19065
conciliation services that are available upon request to persons,	19066
whether or not they are parties to an action pending in the	19067
division.	19068

(J) In Trumbull county, the judges of the court of common	19069
pleas whose terms begin on January 1, 1953, and January 2, 1977,	19070
and successors, shall have the same qualifications, exercise the	19071
same powers and jurisdiction, and receive the same compensation as	19072
other judges of the court of common pleas of Trumbull county and	19073
shall be elected and designated as judges of the court of common	19074
pleas, division of domestic relations. They shall have all the	19075
powers relating to juvenile courts, and all cases under Chapters	19076
2151. and 2152. of the Revised Code, all parentage proceedings	19077
over which the juvenile court has jurisdiction, and all divorce,	19078
dissolution of marriage, legal separation, and annulment cases	19079
shall be assigned to them, except cases that for some special	19080
reason are assigned to some other judge of the court of common	19081
pleas.	19082

(K) In Butler county:

19083

(1) The judges of the court of common pleas whose terms begin	19084
on January 1, 1957, and January 4, 1993, and successors, shall	19085
have the same qualifications, exercise the same powers and	19086
jurisdiction, and receive the same compensation as other judges of	19087
the court of common pleas of Butler county and shall be elected	19088
and designated as judges of the court of common pleas, division of	19089
domestic relations. The judges of the division of domestic	19090
relations shall have assigned to them all divorce, dissolution of	19091
marriage, legal separation, and annulment cases coming before the	19092
court, except in cases that for some special reason are assigned	19093
to some other judge of the court of common pleas. The judges of	19094
the division of domestic relations also have concurrent	19095
jurisdiction with judges of the juvenile division of the court of	19096
common pleas of Butler county with respect to and may hear cases	19097
to determine the custody, support, or custody and support of a	19098
child who is born of issue of a marriage and who is not the ward	19099
of another court of this state, cases commenced by a party of the	19100
marriage to obtain an order requiring support of any child when	19101
the request for that order is not ancillary to an action for	19102
divorce, dissolution of marriage, annulment, or legal separation,	19103
a criminal or civil action involving an allegation of domestic	19104
violence, an action for support under Chapter 3115. of the Revised	19105
Code, or an action that is within the exclusive original	19106
jurisdiction of the juvenile division of the court of common pleas	19107
of Butler county and that involves an allegation that the child is	19108
an abused, neglected, or dependent child, and post-decree	19109
proceedings and matters arising from those types of cases. The	19110
judge senior in point of service shall be charged with the	19111
assignment and division of the work of the division and with the	19112
employment and supervision of all other personnel of the domestic	19113
relations division.	19114

The judge senior in point of service also shall designate the	19115
title, compensation, expense allowances, hours, leaves of absence,	19116
and vacations of the personnel of the division and shall fix their	19117
duties. The duties of the personnel, in addition to other	19118
statutory duties, shall include the handling, servicing, and	19119
investigation of divorce, dissolution of marriage, legal	19120
separation, and annulment cases and providing any counseling and	19121
conciliation services that the division makes available to	19122
persons, whether or not the persons are parties to an action	19123
pending in the division, who request the services.	19124

(2) The judges of the court of common pleas whose terms begin	19125
on January 3, 1987, and January 2, 2003, and successors, shall	19126
have the same qualifications, exercise the same powers and	19127
jurisdiction, and receive the same compensation as other judges of	19128
the court of common pleas of Butler county, shall be elected and	19129
designated as judges of the court of common pleas, juvenile	19130
division, and shall be the juvenile judges as provided in Chapters	19131
2151. and 2152. of the Revised Code, with the powers and	19132
jurisdictions conferred by those chapters. Except in cases that	19133
are subject to the exclusive original jurisdiction of the juvenile	19134
court, the judges of the juvenile division shall not have	19135
jurisdiction or the power to hear and shall not be assigned, but	19136
shall have the limited ability and authority to certify, any case	19137
commenced by a party of a marriage to determine the custody,	19138
support, or custody and support of a child who is born of issue of	19139
the marriage and who is not the ward of another court of this	19140
state when the request for the order in the case is not ancillary	19141
to an action for divorce, dissolution of marriage, annulment, or	19142
legal separation. The judge of the court of common pleas, juvenile	19143
division, who is senior in point of service, shall be the	19144
administrator of the juvenile division and its subdivisions and	19145
departments. The judge, senior in point of service, shall have	19146
charge of the employment, assignment, and supervision of the	19147
personnel of the juvenile division who are engaged in handling,	19148
servicing, or investigating juvenile cases, including any referees	19149
whom the judge considers necessary for the discharge of the	19150
judge's various duties.	19151

The judge, senior in point of service, also shall designate	19152
the title, compensation, expense allowances, hours, leaves of	19153
absence, and vacation of the personnel of the division and shall	19154
fix their duties. The duties of the personnel, in addition to	19155
other statutory duties, include the handling, servicing, and	19156
investigation of juvenile cases and providing any counseling and	19157
conciliation services that the division makes available to	19158
persons, whether or not the persons are parties to an action	19159
pending in the division, who request the services.	19160

(3) If a judge of the court of common pleas, division of	19161
domestic relations or juvenile division, is sick, absent, or	19162
unable to perform that judge's judicial duties or the volume of	19163
cases pending in the judge's division necessitates it, the duties	19164
of that judge shall be performed by the other judges of the	19165
domestic relations and juvenile divisions.	19166

(L)(1) In Cuyahoga county, the judges of the court of common	19167
pleas whose terms begin on January 8, 1961, January 9, 1961,	19168
January 18, 1975, January 19, 1975, and January 13, 1987, and	19169
successors, shall have the same qualifications, exercise the same	19170
powers and jurisdiction, and receive the same compensation as	19171
other judges of the court of common pleas of Cuyahoga county and	19172
shall be elected and designated as judges of the court of common	19173
pleas, division of domestic relations. They shall have all the	19174
powers relating to all divorce, dissolution of marriage, legal	19175
separation, and annulment cases, except in cases that are assigned	19176
to some other judge of the court of common pleas for some special	19177
reason.	19178

(2) The administrative judge is administrator of the domestic	19179
relations division and its subdivisions and departments and has	19180
the following powers concerning division personnel:	19181

(a) Full charge of the employment, assignment, and	19182
supervision;	19183

(b) Sole determination of compensation, duties, expenses,	19184
allowances, hours, leaves, and vacations.	19185

(3) "Division personnel" include persons employed or referees	19186
engaged in hearing, servicing, investigating, counseling, or	19187
conciliating divorce, dissolution of marriage, legal separation	19188
and annulment matters.	19189

(M) In Lake county:

19190

(1) The judge of the court of common pleas whose term begins	19191
on January 2, 1961, and successors, shall have the same	19192
qualifications, exercise the same powers and jurisdiction, and	19193
receive the same compensation as the other judges of the court of	19194
common pleas of Lake county and shall be elected and designated as	19195
judge of the court of common pleas, division of domestic	19196
relations. The judge shall be assigned all the divorce,	19197
dissolution of marriage, legal separation, and annulment cases	19198
coming before the court, except in cases that for some special	19199
reason are assigned to some other judge of the court of common	19200
pleas. The judge shall be charged with the assignment and division	19201
of the work of the division and with the employment and	19202
supervision of all other personnel of the domestic relations	19203
division.	19204

The judge also shall designate the title, compensation,	19205
expense allowances, hours, leaves of absence, and vacations of the	19206
personnel of the division and shall fix their duties. The duties	19207
of the personnel, in addition to other statutory duties, shall	19208
include the handling, servicing, and investigation of divorce,	19209
dissolution of marriage, legal separation, and annulment cases and	19210
providing any counseling and conciliation services that the	19211
division makes available to persons, whether or not the persons	19212
are parties to an action pending in the division, who request the	19213
services.	19214

(2) The judge of the court of common pleas whose term begins	19215
on January 4, 1979, and successors, shall have the same	19216
qualifications, exercise the same powers and jurisdiction, and	19217
receive the same compensation as other judges of the court of	19218
common pleas of Lake county, shall be elected and designated as	19219
judge of the court of common pleas, juvenile division, and shall	19220
be the juvenile judge as provided in Chapters 2151. and 2152. of	19221
the Revised Code, with the powers and jurisdictions conferred by	19222
those chapters. The judge of the court of common pleas, juvenile	19223
division, shall be the administrator of the juvenile division and	19224
its subdivisions and departments. The judge shall have charge of	19225
the employment, assignment, and supervision of the personnel of	19226
the juvenile division who are engaged in handling, servicing, or	19227
investigating juvenile cases, including any referees whom the	19228
judge considers necessary for the discharge of the judge's various	19229
duties.	19230

The judge also shall designate the title, compensation,	19231
expense allowances, hours, leaves of absence, and vacation of the	19232
personnel of the division and shall fix their duties. The duties	19233
of the personnel, in addition to other statutory duties, include	19234
the handling, servicing, and investigation of juvenile cases and	19235
providing any counseling and conciliation services that the	19236
division makes available to persons, whether or not the persons	19237
are parties to an action pending in the division, who request the	19238
services.	19239

(3) If a judge of the court of common pleas, division of	19240
domestic relations or juvenile division, is sick, absent, or	19241
unable to perform that judge's judicial duties or the volume of	19242
cases pending in the judge's division necessitates it, the duties	19243
of that judge shall be performed by the other judges of the	19244
domestic relations and juvenile divisions.	19245

(N) In Erie county:

19246

(1) The judge of the court of common pleas whose term begins	19247
on January 2, 1971, and the successors to that judge whose terms	19248
begin before January 2, 2007, shall have the same qualifications,	19249
exercise the same powers and jurisdiction, and receive the same	19250
compensation as the other judge of the court of common pleas of	19251
Erie county and shall be elected and designated as judge of the	19252
court of common pleas, division of domestic relations. The judge	19253
shall have all the powers relating to juvenile courts, and shall	19254
be assigned all cases under Chapters 2151. and 2152. of the	19255
Revised Code, parentage proceedings over which the juvenile court	19256
has jurisdiction, and divorce, dissolution of marriage, legal	19257
separation, and annulment cases, except cases that for some	19258
special reason are assigned to some other judge.	19259

On or after January 2, 2007, the judge of the court of common	19260
pleas who is elected in 2006 shall be the successor to the judge	19261
of the domestic relations division whose term expires on January	19262
1, 2007, shall be designated as judge of the court of common	19263
pleas, juvenile division, and shall be the juvenile judge as	19264
provided in Chapters 2151. and 2152. of the Revised Code with the	19265
powers and jurisdictions conferred by those chapters.	19266

(2) The judge of the court of common pleas, general division,	19267
whose term begins on January 1, 2005, and successors, the judge of	19268
the court of common pleas, general division whose term begins on	19269
January 2, 2005, and successors, and the judge of the court of	19270
common pleas, general division, whose term begins February 9,	19271
2009, and successors, shall have assigned to them, in addition to	19272
all matters that are within the jurisdiction of the general	19273
division of the court of common pleas, all divorce, dissolution of	19274
marriage, legal separation, and annulment cases coming before the	19275
court, and all matters that are within the jurisdiction of the	19276
probate court under Chapter 2101., and other provisions, of the	19277
Revised Code.	19278

(O) In Greene county:

19279

(1) The judge of the court of common pleas whose term begins	19280
on January 1, 1961, and successors, shall have the same	19281
qualifications, exercise the same powers and jurisdiction, and	19282
receive the same compensation as the other judges of the court of	19283
common pleas of Greene county and shall be elected and designated	19284
as the judge of the court of common pleas, division of domestic	19285
relations. The judge shall be assigned all divorce, dissolution of	19286
marriage, legal separation, annulment, uniform reciprocal support	19287
enforcement, and domestic violence cases and all other cases	19288
related to domestic relations, except cases that for some special	19289
reason are assigned to some other judge of the court of common	19290
pleas.	19291

The judge shall be charged with the assignment and division	19292
of the work of the division and with the employment and	19293
supervision of all other personnel of the division. The judge also	19294
shall designate the title, compensation, hours, leaves of absence,	19295
and vacations of the personnel of the division and shall fix their	19296
duties. The duties of the personnel of the division, in addition	19297
to other statutory duties, shall include the handling, servicing,	19298
and investigation of divorce, dissolution of marriage, legal	19299
separation, and annulment cases and the provision of counseling	19300
and conciliation services that the division considers necessary	19301
and makes available to persons who request the services, whether	19302
or not the persons are parties in an action pending in the	19303
division. The compensation for the personnel shall be paid from	19304
the overall court budget and shall be included in the	19305
appropriations for the existing judges of the general division of	19306
the court of common pleas.	19307

(2) The judge of the court of common pleas whose term begins	19308
on January 1, 1995, and successors, shall have the same	19309
qualifications, exercise the same powers and jurisdiction, and	19310
receive the same compensation as the other judges of the court of	19311
common pleas of Greene county, shall be elected and designated as	19312
judge of the court of common pleas, juvenile division, and, on or	19313
after January 1, 1995, shall be the juvenile judge as provided in	19314
Chapters 2151. and 2152. of the Revised Code with the powers and	19315
jurisdiction conferred by those chapters. The judge of the court	19316
of common pleas, juvenile division, shall be the administrator of	19317
the juvenile division and its subdivisions and departments. The	19318
judge shall have charge of the employment, assignment, and	19319
supervision of the personnel of the juvenile division who are	19320
engaged in handling, servicing, or investigating juvenile cases,	19321
including any referees whom the judge considers necessary for the	19322
discharge of the judge's various duties.	19323

The judge also shall designate the title, compensation,	19324
expense allowances, hours, leaves of absence, and vacation of the	19325
personnel of the division and shall fix their duties. The duties	19326
of the personnel, in addition to other statutory duties, include	19327
the handling, servicing, and investigation of juvenile cases and	19328
providing any counseling and conciliation services that the court	19329
makes available to persons, whether or not the persons are parties	19330
to an action pending in the court, who request the services.	19331

(3) If one of the judges of the court of common pleas,	19332
general division, is sick, absent, or unable to perform that	19333
judge's judicial duties or the volume of cases pending in the	19334
general division necessitates it, the duties of that judge of the	19335
general division shall be performed by the judge of the division	19336
of domestic relations and the judge of the juvenile division.	19337

(P) In Portage county, the judge of the court of common	19338
pleas, whose term begins January 2, 1987, and successors, shall	19339
have the same qualifications, exercise the same powers and	19340
jurisdiction, and receive the same compensation as the other	19341
judges of the court of common pleas of Portage county and shall be	19342
elected and designated as judge of the court of common pleas,	19343
division of domestic relations. The judge shall be assigned all	19344
divorce, dissolution of marriage, legal separation, and annulment	19345
cases coming before the court, except in cases that for some	19346
special reason are assigned to some other judge of the court of	19347
common pleas. The judge shall be charged with the assignment and	19348
division of the work of the division and with the employment and	19349
supervision of all other personnel of the domestic relations	19350
division.	19351

The judge also shall designate the title, compensation,	19352
expense allowances, hours, leaves of absence, and vacations of the	19353
personnel of the division and shall fix their duties. The duties	19354
of the personnel, in addition to other statutory duties, shall	19355
include the handling, servicing, and investigation of divorce,	19356
dissolution of marriage, legal separation, and annulment cases and	19357
providing any counseling and conciliation services that the	19358
division makes available to persons, whether or not the persons	19359
are parties to an action pending in the division, who request the	19360
services.	19361

(Q) In Clermont county, the judge of the court of common	19362
pleas, whose term begins January 2, 1987, and successors, shall	19363
have the same qualifications, exercise the same powers and	19364
jurisdiction, and receive the same compensation as the other	19365
judges of the court of common pleas of Clermont county and shall	19366
be elected and designated as judge of the court of common pleas,	19367
division of domestic relations. The judge shall be assigned all	19368
divorce, dissolution of marriage, legal separation, and annulment	19369
cases coming before the court, except in cases that for some	19370
special reason are assigned to some other judge of the court of	19371
common pleas. The judge shall be charged with the assignment and	19372
division of the work of the division and with the employment and	19373
supervision of all other personnel of the domestic relations	19374
division.	19375

The judge also shall designate the title, compensation,	19376
expense allowances, hours, leaves of absence, and vacations of the	19377
personnel of the division and shall fix their duties. The duties	19378
of the personnel, in addition to other statutory duties, shall	19379
include the handling, servicing, and investigation of divorce,	19380
dissolution of marriage, legal separation, and annulment cases and	19381
providing any counseling and conciliation services that the	19382
division makes available to persons, whether or not the persons	19383
are parties to an action pending in the division, who request the	19384
services.	19385

(R) In Warren county, the judge of the court of common pleas,	19386
whose term begins January 1, 1987, and successors, shall have the	19387
same qualifications, exercise the same powers and jurisdiction,	19388
and receive the same compensation as the other judges of the court	19389
of common pleas of Warren county and shall be elected and	19390
designated as judge of the court of common pleas, division of	19391
domestic relations. The judge shall be assigned all divorce,	19392
dissolution of marriage, legal separation, and annulment cases	19393
coming before the court, except in cases that for some special	19394
reason are assigned to some other judge of the court of common	19395
pleas. The judge shall be charged with the assignment and division	19396
of the work of the division and with the employment and	19397
supervision of all other personnel of the domestic relations	19398
division.	19399

The judge also shall designate the title, compensation,	19400
expense allowances, hours, leaves of absence, and vacations of the	19401
personnel of the division and shall fix their duties. The duties	19402
of the personnel, in addition to other statutory duties, shall	19403
include the handling, servicing, and investigation of divorce,	19404
dissolution of marriage, legal separation, and annulment cases and	19405
providing any counseling and conciliation services that the	19406
division makes available to persons, whether or not the persons	19407
are parties to an action pending in the division, who request the	19408
services.	19409

(S) In Licking county, the judges of the court of common	19410
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	19411
and successors, shall have the same qualifications, exercise the	19412
same powers and jurisdiction, and receive the same compensation as	19413
the other judges of the court of common pleas of Licking county	19414
and shall be elected and designated as judges of the court of	19415
common pleas, division of domestic relations. The judges shall be	19416
assigned all divorce, dissolution of marriage, legal separation,	19417
and annulment cases, all cases arising under Chapter 3111. of the	19418
Revised Code, all proceedings involving child support, the	19419
allocation of parental rights and responsibilities for the care of	19420
children and the designation for the children of a place of	19421
residence and legal custodian, parenting time, and visitation, and	19422
all post-decree proceedings and matters arising from those cases	19423
and proceedings, except in cases that for some special reason are	19424
assigned to another judge of the court of common pleas. The	19425
administrative judge of the division of domestic relations shall	19426
be charged with the assignment and division of the work of the	19427
division and with the employment and supervision of the personnel	19428
of the division.	19429

The administrative judge of the division of domestic	19430
relations shall designate the title, compensation, expense	19431
allowances, hours, leaves of absence, and vacations of the	19432
personnel of the division and shall fix the duties of the	19433
personnel of the division. The duties of the personnel of the	19434
division, in addition to other statutory duties, shall include the	19435
handling, servicing, and investigation of divorce, dissolution of	19436
marriage, legal separation, and annulment cases, cases arising	19437
under Chapter 3111. of the Revised Code, and proceedings involving	19438
child support, the allocation of parental rights and	19439
responsibilities for the care of children and the designation for	19440
the children of a place of residence and legal custodian,	19441
parenting time, and visitation and providing any counseling and	19442
conciliation services that the division makes available to	19443
persons, whether or not the persons are parties to an action	19444
pending in the division, who request the services.	19445

(T) In Allen county, the judge of the court of common pleas,	19446
whose term begins January 1, 1993, and successors, shall have the	19447
same qualifications, exercise the same powers and jurisdiction,	19448
and receive the same compensation as the other judges of the court	19449
of common pleas of Allen county and shall be elected and	19450
designated as judge of the court of common pleas, division of	19451
domestic relations. The judge shall be assigned all divorce,	19452
dissolution of marriage, legal separation, and annulment cases,	19453
all cases arising under Chapter 3111. of the Revised Code, all	19454
proceedings involving child support, the allocation of parental	19455
rights and responsibilities for the care of children and the	19456
designation for the children of a place of residence and legal	19457
custodian, parenting time, and visitation, and all post-decree	19458
proceedings and matters arising from those cases and proceedings,	19459
except in cases that for some special reason are assigned to	19460
another judge of the court of common pleas. The judge shall be	19461
charged with the assignment and division of the work of the	19462
division and with the employment and supervision of the personnel	19463
of the division.	19464

The judge shall designate the title, compensation, expense	19465
allowances, hours, leaves of absence, and vacations of the	19466
personnel of the division and shall fix the duties of the	19467
personnel of the division. The duties of the personnel of the	19468
division, in addition to other statutory duties, shall include the	19469
handling, servicing, and investigation of divorce, dissolution of	19470
marriage, legal separation, and annulment cases, cases arising	19471
under Chapter 3111. of the Revised Code, and proceedings involving	19472
child support, the allocation of parental rights and	19473
responsibilities for the care of children and the designation for	19474
the children of a place of residence and legal custodian,	19475
parenting time, and visitation, and providing any counseling and	19476
conciliation services that the division makes available to	19477
persons, whether or not the persons are parties to an action	19478
pending in the division, who request the services.	19479

(U) In Medina county, the judge of the court of common pleas	19480
whose term begins January 1, 1995, and successors, shall have the	19481
same qualifications, exercise the same powers and jurisdiction,	19482
and receive the same compensation as other judges of the court of	19483
common pleas of Medina county and shall be elected and designated	19484
as judge of the court of common pleas, division of domestic	19485
relations. The judge shall be assigned all divorce, dissolution of	19486
marriage, legal separation, and annulment cases, all cases arising	19487
under Chapter 3111. of the Revised Code, all proceedings involving	19488
child support, the allocation of parental rights and	19489
responsibilities for the care of children and the designation for	19490
the children of a place of residence and legal custodian,	19491
parenting time, and visitation, and all post-decree proceedings	19492
and matters arising from those cases and proceedings, except in	19493
cases that for some special reason are assigned to another judge	19494
of the court of common pleas. The judge shall be charged with the	19495
assignment and division of the work of the division and with the	19496
employment and supervision of the personnel of the division.	19497

The judge shall designate the title, compensation, expense	19498
allowances, hours, leaves of absence, and vacations of the	19499
personnel of the division and shall fix the duties of the	19500
personnel of the division. The duties of the personnel, in	19501
addition to other statutory duties, include the handling,	19502
servicing, and investigation of divorce, dissolution of marriage,	19503
legal separation, and annulment cases, cases arising under Chapter	19504
3111. of the Revised Code, and proceedings involving child	19505
support, the allocation of parental rights and responsibilities	19506
for the care of children and the designation for the children of a	19507
place of residence and legal custodian, parenting time, and	19508
visitation, and providing counseling and conciliation services	19509
that the division makes available to persons, whether or not the	19510
persons are parties to an action pending in the division, who	19511
request the services.	19512

(V) In Fairfield county, the judge of the court of common	19513
pleas whose term begins January 2, 1995, and successors, shall	19514
have the same qualifications, exercise the same powers and	19515
jurisdiction, and receive the same compensation as the other	19516
judges of the court of common pleas of Fairfield county and shall	19517
be elected and designated as judge of the court of common pleas,	19518
division of domestic relations. The judge shall be assigned all	19519
divorce, dissolution of marriage, legal separation, and annulment	19520
cases, all cases arising under Chapter 3111. of the Revised Code,	19521
all proceedings involving child support, the allocation of	19522
parental rights and responsibilities for the care of children and	19523
the designation for the children of a place of residence and legal	19524
custodian, parenting time, and visitation, and all post-decree	19525
proceedings and matters arising from those cases and proceedings,	19526
except in cases that for some special reason are assigned to	19527
another judge of the court of common pleas. The judge also has	19528
concurrent jurisdiction with the probate-juvenile division of the	19529
court of common pleas of Fairfield county with respect to and may	19530
hear cases to determine the custody of a child, as defined in	19531
section 2151.011 of the Revised Code, who is not the ward of	19532
another court of this state, cases that are commenced by a parent,	19533
guardian, or custodian of a child, as defined in section 2151.011	19534
of the Revised Code, to obtain an order requiring a parent of the	19535
child to pay child support for that child when the request for	19536
that order is not ancillary to an action for divorce, dissolution	19537
of marriage, annulment, or legal separation, a criminal or civil	19538
action involving an allegation of domestic violence, an action for	19539
support under Chapter 3115. of the Revised Code, or an action that	19540
is within the exclusive original jurisdiction of the	19541
probate-juvenile division of the court of common pleas of	19542
Fairfield county and that involves an allegation that the child is	19543
an abused, neglected, or dependent child, and post-decree	19544
proceedings and matters arising from those types of cases.	19545

The judge of the domestic relations division shall be charged	19546
with the assignment and division of the work of the division and	19547
with the employment and supervision of the personnel of the	19548
division.	19549

The judge shall designate the title, compensation, expense	19550
allowances, hours, leaves of absence, and vacations of the	19551
personnel of the division and shall fix the duties of the	19552
personnel of the division. The duties of the personnel of the	19553
division, in addition to other statutory duties, shall include the	19554
handling, servicing, and investigation of divorce, dissolution of	19555
marriage, legal separation, and annulment cases, cases arising	19556
under Chapter 3111. of the Revised Code, and proceedings involving	19557
child support, the allocation of parental rights and	19558
responsibilities for the care of children and the designation for	19559
the children of a place of residence and legal custodian,	19560
parenting time, and visitation, and providing any counseling and	19561
conciliation services that the division makes available to	19562
persons, regardless of whether the persons are parties to an	19563
action pending in the division, who request the services. When the	19564
judge hears a case to determine the custody of a child, as defined	19565
in section 2151.011 of the Revised Code, who is not the ward of	19566
another court of this state or a case that is commenced by a	19567
parent, guardian, or custodian of a child, as defined in section	19568
2151.011 of the Revised Code, to obtain an order requiring a	19569
parent of the child to pay child support for that child when the	19570
request for that order is not ancillary to an action for divorce,	19571
dissolution of marriage, annulment, or legal separation, a	19572
criminal or civil action involving an allegation of domestic	19573
violence, an action for support under Chapter 3115. of the Revised	19574
Code, or an action that is within the exclusive original	19575
jurisdiction of the probate-juvenile division of the court of	19576
common pleas of Fairfield county and that involves an allegation	19577
that the child is an abused, neglected, or dependent child, the	19578
duties of the personnel of the domestic relations division also	19579
include the handling, servicing, and investigation of those types	19580
of cases.	19581

(W)(1) In Clark county, the judge of the court of common	19582
pleas whose term begins on January 2, 1995, and successors, shall	19583
have the same qualifications, exercise the same powers and	19584
jurisdiction, and receive the same compensation as other judges of	19585
the court of common pleas of Clark county and shall be elected and	19586
designated as judge of the court of common pleas, domestic	19587
relations division. The judge shall have all the powers relating	19588
to juvenile courts, and all cases under Chapters 2151. and 2152.	19589
of the Revised Code and all parentage proceedings under Chapter	19590
3111. of the Revised Code over which the juvenile court has	19591
jurisdiction shall be assigned to the judge of the division of	19592
domestic relations. All divorce, dissolution of marriage, legal	19593
separation, annulment, uniform reciprocal support enforcement, and	19594
other cases related to domestic relations shall be assigned to the	19595
domestic relations division, and the presiding judge of the court	19596
of common pleas shall assign the cases to the judge of the	19597
domestic relations division and the judges of the general	19598
division.	19599

(2) In addition to the judge's regular duties, the judge of	19600
the division of domestic relations shall serve on the children	19601
services board and the county advisory board.	19602

(3) If the judge of the court of common pleas of Clark	19603
county, division of domestic relations, is sick, absent, or unable	19604
to perform that judge's judicial duties or if the presiding judge	19605
of the court of common pleas of Clark county determines that the	19606
volume of cases pending in the division of domestic relations	19607
necessitates it, the duties of the judge of the division of	19608
domestic relations shall be performed by the judges of the general	19609
division or probate division of the court of common pleas of Clark	19610
county, as assigned for that purpose by the presiding judge of	19611
that court, and the judges so assigned shall act in conjunction	19612
with the judge of the division of domestic relations of that	19613
court.	19614

(X) In Scioto county, the judge of the court of common pleas	19615
whose term begins January 2, 1995, and successors, shall have the	19616
same qualifications, exercise the same powers and jurisdiction,	19617
and receive the same compensation as other judges of the court of	19618
common pleas of Scioto county and shall be elected and designated	19619
as judge of the court of common pleas, division of domestic	19620
relations. The judge shall be assigned all divorce, dissolution of	19621
marriage, legal separation, and annulment cases, all cases arising	19622
under Chapter 3111. of the Revised Code, all proceedings involving	19623
child support, the allocation of parental rights and	19624
responsibilities for the care of children and the designation for	19625
the children of a place of residence and legal custodian,	19626
parenting time, visitation, and all post-decree proceedings and	19627
matters arising from those cases and proceedings, except in cases	19628
that for some special reason are assigned to another judge of the	19629
court of common pleas. The judge shall be charged with the	19630
assignment and division of the work of the division and with the	19631
employment and supervision of the personnel of the division.	19632

The judge shall designate the title, compensation, expense	19633
allowances, hours, leaves of absence, and vacations of the	19634
personnel of the division and shall fix the duties of the	19635
personnel of the division. The duties of the personnel, in	19636
addition to other statutory duties, include the handling,	19637
servicing, and investigation of divorce, dissolution of marriage,	19638
legal separation, and annulment cases, cases arising under Chapter	19639
3111. of the Revised Code, and proceedings involving child	19640
support, the allocation of parental rights and responsibilities	19641
for the care of children and the designation for the children of a	19642
place of residence and legal custodian, parenting time, and	19643
visitation, and providing counseling and conciliation services	19644
that the division makes available to persons, whether or not the	19645
persons are parties to an action pending in the division, who	19646
request the services.	19647

(Y) In Auglaize county, the judge of the probate and juvenile	19648
divisions of the Auglaize county court of common pleas also shall	19649
be the administrative judge of the domestic relations division of	19650
the court and shall be assigned all divorce, dissolution of	19651
marriage, legal separation, and annulment cases coming before the	19652
court. The judge shall have all powers as administrator of the	19653
domestic relations division and shall have charge of the personnel	19654
engaged in handling, servicing, or investigating divorce,	19655
dissolution of marriage, legal separation, and annulment cases,	19656
including any referees considered necessary for the discharge of	19657
the judge's various duties.	19658

(Z)(1) In Marion county, the judge of the court of common	19659
pleas whose term begins on February 9, 1999, and the successors to	19660
that judge, shall have the same qualifications, exercise the same	19661
powers and jurisdiction, and receive the same compensation as the	19662
other judges of the court of common pleas of Marion county and	19663
shall be elected and designated as judge of the court of common	19664
pleas, domestic relations-juvenile-probate division. Except as	19665
otherwise specified in this division, that judge, and the	19666
successors to that judge, shall have all the powers relating to	19667
juvenile courts, and all cases under Chapters 2151. and 2152. of	19668
the Revised Code, all cases arising under Chapter 3111. of the	19669
Revised Code, all divorce, dissolution of marriage, legal	19670
separation, and annulment cases, all proceedings involving child	19671
support, the allocation of parental rights and responsibilities	19672
for the care of children and the designation for the children of a	19673
place of residence and legal custodian, parenting time, and	19674
visitation, and all post-decree proceedings and matters arising	19675
from those cases and proceedings shall be assigned to that judge	19676
and the successors to that judge. Except as provided in division	19677
(Z)(2) of this section and notwithstanding any other provision of	19678
any section of the Revised Code, on and after February 9, 2003,	19679
the judge of the court of common pleas of Marion county whose term	19680
begins on February 9, 1999, and the successors to that judge,	19681
shall have all the powers relating to the probate division of the	19682
court of common pleas of Marion county in addition to the powers	19683
previously specified in this division, and shall exercise	19684
concurrent jurisdiction with the judge of the probate division of	19685
that court over all matters that are within the jurisdiction of	19686
the probate division of that court under Chapter 2101., and other	19687
provisions, of the Revised Code in addition to the jurisdiction of	19688
the domestic relations-juvenile-probate division of that court	19689
otherwise specified in division (Z)(1) of this section.	19690

(2) The judge of the domestic relations-juvenile-probate	19691
division of the court of common pleas of Marion county or the	19692
judge of the probate division of the court of common pleas of	19693
Marion county, whichever of those judges is senior in total length	19694
of service on the court of common pleas of Marion county,	19695
regardless of the division or divisions of service, shall serve as	19696
the clerk of the probate division of the court of common pleas of	19697
Marion county.	19698

(3) On and after February 9, 2003, all references in law to	19699
"the probate court," "the probate judge," "the juvenile court," or	19700
"the judge of the juvenile court" shall be construed, with respect	19701
to Marion county, as being references to both "the probate	19702
division" and "the domestic relations-juvenile-probate division"	19703
and as being references to both "the judge of the probate	19704
division" and "the judge of the domestic relations-	19705
juvenile-probate division." On and after February 9, 2003, all	19706
references in law to "the clerk of the probate court" shall be	19707
construed, with respect to Marion county, as being references to	19708
the judge who is serving pursuant to division (Z)(2) of this	19709
section as the clerk of the probate division of the court of	19710
common pleas of Marion county.	19711

(AA) In Muskingum county, the judge of the court of common	19712
pleas whose term begins on January 2, 2003, and successors, shall	19713
have the same qualifications, exercise the same powers and	19714
jurisdiction, and receive the same compensation as the other	19715
judges of the court of common pleas of Muskingum county and shall	19716
be elected and designated as the judge of the court of common	19717
pleas, division of domestic relations. The judge shall be assigned	19718
all divorce, dissolution of marriage, legal separation, and	19719
annulment cases, all cases arising under Chapter 3111. of the	19720
Revised Code, all proceedings involving child support, the	19721
allocation of parental rights and responsibilities for the care of	19722
children and the designation for the children of a place of	19723
residence and legal custodian, parenting time, and visitation, and	19724
all post-decree proceedings and matters arising from those cases	19725
and proceedings, except in cases that for some special reason are	19726
assigned to another judge of the court of common pleas. The judge	19727
shall be charged with the assignment and division of the work of	19728
the division and with the employment and supervision of the	19729
personnel of the division.	19730

The judge shall designate the title, compensation, expense	19731
allowances, hours, leaves of absence, and vacations of the	19732
personnel of the division and shall fix the duties of the	19733
personnel of the division. The duties of the personnel of the	19734
division, in addition to other statutory duties, shall include the	19735
handling, servicing, and investigation of divorce, dissolution of	19736
marriage, legal separation, and annulment cases, cases arising	19737
under Chapter 3111. of the Revised Code, and proceedings involving	19738
child support, the allocation of parental rights and	19739
responsibilities for the care of children and the designation for	19740
the children of a place of residence and legal custodian,	19741
parenting time, and visitation and providing any counseling and	19742
conciliation services that the division makes available to	19743
persons, whether or not the persons are parties to an action	19744
pending in the division, who request the services.	19745

(BB) In Henry county, the judge of the court of common pleas	19746
whose term begins on January 1, 2005, and successors, shall have	19747
the same qualifications, exercise the same powers and	19748
jurisdiction, and receive the same compensation as the other judge	19749
of the court of common pleas of Henry county and shall be elected	19750
and designated as the judge of the court of common pleas, division	19751
of domestic relations. The judge shall have all of the powers	19752
relating to juvenile courts, and all cases under Chapter 2151. or	19753
2152. of the Revised Code, all parentage proceedings arising under	19754
Chapter 3111. of the Revised Code over which the juvenile court	19755
has jurisdiction, all divorce, dissolution of marriage, legal	19756
separation, and annulment cases, all proceedings involving child	19757
support, the allocation of parental rights and responsibilities	19758
for the care of children and the designation for the children of a	19759
place of residence and legal custodian, parenting time, and	19760
visitation, and all post-decree proceedings and matters arising	19761
from those cases and proceedings shall be assigned to that judge,	19762
except in cases that for some special reason are assigned to the	19763
other judge of the court of common pleas.	19764

(CC)(1) In Logan county, the judge of the court of common	19765
pleas whose term begins January 2, 2005, and the successors to	19766
that judge, shall have the same qualifications, exercise the same	19767
powers and jurisdiction, and receive the same compensation as the	19768
other judges of the court of common pleas of Logan county and	19769
shall be elected and designated as judge of the court of common	19770
pleas, domestic relations-juvenile-probate division. Except as	19771
otherwise specified in this division, that judge, and the	19772
successors to that judge, shall have all the powers relating to	19773
juvenile courts, and all cases under Chapters 2151. and 2152. of	19774
the Revised Code, all cases arising under Chapter 3111. of the	19775
Revised Code, all divorce, dissolution of marriage, legal	19776
separation, and annulment cases, all proceedings involving child	19777
support, the allocation of parental rights and responsibilities	19778
for the care of children and designation for the children of a	19779
place of residence and legal custodian, parenting time, and	19780
visitation, and all post-decree proceedings and matters arising	19781
from those cases and proceedings shall be assigned to that judge	19782
and the successors to that judge. Notwithstanding any other	19783
provision of any section of the Revised Code, on and after January	19784
2, 2005, the judge of the court of common pleas of Logan county	19785
whose term begins on January 2, 2005, and the successors to that	19786
judge, shall have all the powers relating to the probate division	19787
of the court of common pleas of Logan county in addition to the	19788
powers previously specified in this division and shall exercise	19789
concurrent jurisdiction with the judge of the probate division of	19790
that court over all matters that are within the jurisdiction of	19791
the probate division of that court under Chapter 2101., and other	19792
provisions, of the Revised Code in addition to the jurisdiction of	19793
the domestic relations-juvenile-probate division of that court	19794
otherwise specified in division (CC)(1) of this section.	19795

(2) The judge of the domestic relations-juvenile-probate	19796
division of the court of common pleas of Logan county or the	19797
probate judge of the court of common pleas of Logan county who is	19798
elected as the administrative judge of the probate division of the	19799
court of common pleas of Logan county pursuant to Rule 4 of the	19800
Rules of Superintendence shall be the clerk of the probate	19801
division and juvenile division of the court of common pleas of	19802
Logan county. The clerk of the court of common pleas who is	19803
elected pursuant to section 2303.01 of the Revised Code shall keep	19804
all of the journals, records, books, papers, and files pertaining	19805
to the domestic relations cases.	19806

(3) On and after January 2, 2005, all references in law to	19807
"the probate court," "the probate judge," "the juvenile court," or	19808
"the judge of the juvenile court" shall be construed, with respect	19809
to Logan county, as being references to both "the probate	19810
division" and the "domestic relations-juvenile-probate division"	19811
and as being references to both "the judge of the probate	19812
division" and the "judge of the domestic	19813
relations-juvenile-probate division." On and after January 2,	19814
2005, all references in law to "the clerk of the probate court"	19815
shall be construed, with respect to Logan county, as being	19816
references to the judge who is serving pursuant to division	19817
(CC)(2) of this section as the clerk of the probate division of	19818
the court of common pleas of Logan county.	19819

(DD)(1) In Champaign county, the judge of the court of common	19820
pleas whose term begins February 9, 2003, and the judge of the	19821
court of common pleas whose term begins February 10, 2009, and the	19822
successors to those judges, shall have the same qualifications,	19823
exercise the same powers and jurisdiction, and receive the same	19824
compensation as the other judges of the court of common pleas of	19825
Champaign county and shall be elected and designated as judges of	19826
the court of common pleas, domestic relations-juvenile-probate	19827
division. Except as otherwise specified in this division, those	19828
judges, and the successors to those judges, shall have all the	19829
powers relating to juvenile courts, and all cases under Chapters	19830
2151. and 2152. of the Revised Code, all cases arising under	19831
Chapter 3111. of the Revised Code, all divorce, dissolution of	19832
marriage, legal separation, and annulment cases, all proceedings	19833
involving child support, the allocation of parental rights and	19834
responsibilities for the care of children and the designation for	19835
the children of a place of residence and legal custodian,	19836
parenting time, and visitation, and all post-decree proceedings	19837
and matters arising from those cases and proceedings shall be	19838
assigned to those judges and the successors to those judges.	19839
Notwithstanding any other provision of any section of the Revised	19840
Code, on and after February 9, 2009, the judges designated by this	19841
division as judges of the court of common pleas of Champaign	19842
county, domestic relations-juvenile-probate division, and the	19843
successors to those judges, shall have all the powers relating to	19844
probate courts in addition to the powers previously specified in	19845
this division and shall exercise jurisdiction over all matters	19846
that are within the jurisdiction of probate courts under Chapter	19847
2101., and other provisions, of the Revised Code in addition to	19848
the jurisdiction of the domestic relations-juvenile-probate	19849
division otherwise specified in division (DD)(1) of this section.	19850

(2) On and after February 9, 2009, all references in law to	19851
"the probate court," "the probate judge," "the juvenile court," or	19852
"the judge of the juvenile court" shall be construed with respect	19853
to Champaign county as being references to the "domestic	19854
relations-juvenile-probate division" and as being references to	19855
the "judge of the domestic relations-juvenile-probate division."	19856
On and after February 9, 2009, all references in law to "the clerk	19857
of the probate court" shall be construed with respect to Champaign	19858
county as being references to the judge who is serving pursuant to	19859
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	19860
the administrative judge of the court of common pleas, domestic	19861
relations-juvenile-probate division.	19862

(EE) If a judge of the court of common pleas, division of	19863
domestic relations, or juvenile judge, of any of the counties	19864
mentioned in this section is sick, absent, or unable to perform	19865
that judge's judicial duties or the volume of cases pending in the	19866
judge's division necessitates it, the duties of that judge shall	19867
be performed by another judge of the court of common pleas of that	19868
county, assigned for that purpose by the presiding judge of the	19869
court of common pleas of that county to act in place of or in	19870
conjunction with that judge, as the case may require.	19871

Sec. 2301.18. The court of common pleas shall appoint a	19872
~~steongraphic~~ reporter as the official ~~shorthand~~ reporter of ~~such~~	19873
the court~~, who shall hold the appointment~~ for a term not exceeding	19874
three years ~~from the date thereof~~, unless removed by the court,	19875
after a good cause shown, for neglect of duty, misconduct in	19876
office, or incompetency. ~~Such~~The court may appoint assistant	19877
reporters as the business of the court requires for terms not	19878
exceeding three years under one appointment. The official	19879
~~shorthand~~ reporter and assistant reporters shall take an oath	19880
faithfully and impartially to discharge the duties of ~~such~~	19881
~~position~~their positions.	19882

Sec. 2301.20. ~~Upon the trial of a~~All civil orand criminal	19883
~~action~~actions in the court of common pleas~~, if either party to~~	19884
~~the action or his attorney requests the services of a shorthand~~	19885
~~reporter, the trial judge shall grant the request, or may order a~~	19886
~~full report of the testimony or other proceedings. In either case,~~	19887
~~the shorthand~~shall be recorded. The reporter shall take accurate	19888
~~shorthand~~ notes of or electronically record the oral testimony or	19889
~~other oral proceedings~~. The notes and electronic records shall be	19890
filed in the office of the official ~~shorthand~~ reporter and	19891
carefully preserved for either of the following periods of time:	19892

(A) If the action is not a capital case, the notes and	19893
electronic records shall be preserved for the period of time	19894
specified by the court of common pleas, which period of time shall	19895
not be longer than the period of time that the other records of	19896
the particular action are required to be kept;.	19897

(B) If the action is a capital case, the notes and electronic	19898
records shall be preserved for the longer of ten years or until	19899
the final disposition of the action and exhaustion of all appeals.	19900

Sec. 2301.21. In every case ~~reported~~recorded as provided in	19901
section 2301.20 of the Revised Code, there shall be taxed for each	19902
day's service of the official or assistant ~~shorthand~~ reporters a	19903
fee of twenty-five dollars, to be collected as other costs in the	19904
case. The fees so collected shall be paid quarterly by the clerk	19905
of the court of common pleas in which the cases were tried into	19906
the treasury of the county and shall be credited by the county	19907
treasurer to the general fund.	19908

Sec. 2301.22. Each ~~shorthand~~ reporter shall receive ~~such~~the	19909
compensation asthat the court of common pleas making the	19910
appointment fixes. ~~Such~~That compensation shall be in place of all	19911
per diem compensation in ~~such~~those courts. In case ~~such~~the	19912
appointment is for a term of less than one year, ~~such~~the court	19913
may allow a per diem compensation to be fixed by the court, plus	19914
actual and necessary expenses incurred, for each day ~~such~~	19915
~~shorthand~~the reporter is actually engaged in taking testimony or	19916
performing other duties under the orders of ~~such~~the court, which	19917
allowance shall be in full payment for all services so rendered.	19918

The county auditor shall issue warrants on the county	19919
treasurer for the payment of ~~such~~the compensation under this	19920
section in equal monthly installments~~, when~~if the compensation is	19921
allowed annually, and ~~when~~ in case of services per diem, for the	19922
amount of the bill approved by the court, from the general fund	19923
upon the presentation of a certified copy of the journal entry of	19924
appointment and compensation of ~~such shorthand~~the reporters.	19925

Sec. 2301.23. When ~~shorthand~~ notes have been taken or an	19926
electronic recording has been made in a case as provided in	19927
section 2301.20 of the Revised Code, if the court, or either party	19928
to the suit ~~or his attorney,~~ requests written transcripts of any	19929
portion of ~~such notes in longhand~~the proceeding, the ~~shorthand~~	19930
reporter reporting the case shall make full and accurate	19931
transcripts of the notes ~~for the use of such court or party~~or	19932
electronic recording. The court may direct the official ~~shorthand~~	19933
reporter to furnish to the court and the parties copies of	19934
decisions rendered and charges delivered by the court in pending	19935
cases.	19936

When the compensation for transcripts, copies of decisions,	19937
or charges is taxed as a part of the costs, ~~such~~the transcripts,	19938
copies of decisions, and charges shall remain on file with the	19939
papers of the case.	19940

Sec. 2301.24. The compensation of ~~shorthand~~ reporters for	19941
making written transcripts ~~and copies~~ as provided in section	19942
2301.23 of the Revised Code shall be fixed by ~~the judges of~~ the	19943
court of common pleas of the county ~~wherein~~in which the trial is	19944
~~had~~held. ~~Such~~If more than one transcript of the same testimony	19945
or proceeding is ordered, the reporter shall make copies of the	19946
transcript at cost pursuant to division (B)(1) of section 149.43	19947
of the Revised Code or shall provide an electronic copy of the	19948
transcript free of charge. The compensation shall be paid	19949
~~forthwith~~ by the party for whose benefit a transcript is made. The	19950
compensation for transcripts ~~of testimony~~ requested by the	19951
prosecuting attorney ~~during trial~~or an indigent defendant in	19952
criminal cases or by the trial judge, in either civil or criminal	19953
cases, and for copies of decisions and charges furnished by	19954
direction of the court shall be paid from the county treasury, and	19955
taxed and collected as costs.	19956

Sec. 2301.25. When ordered by the prosecuting attorney or	19957
the defendant in a criminal ~~trial,~~case or when ordered by a judge	19958
of the court of common pleas ~~for his use,~~ in either civil or	19959
criminal cases, the costs of transcripts ~~mentioned in section~~	19960
~~2301.23 of the Revised Code,~~ shall be taxed as costs in the case,	19961
collected as other costs, whether ~~such~~the transcripts have been	19962
prepaid or not, as provided by section 2301.24 of the Revised	19963
Code, ~~and~~ paid by the clerk of the court of common pleas,	19964
quarterly, into the county treasury, and credited to the general	19965
fund. If, upon final judgment, the costs or any part ~~thereof shall~~	19966
beof the costs are adjudged against a defendant in a criminal	19967
case, hethe defendant shall be allowed credit on the cost bill of	19968
the amount paid ~~by him~~ for the transcript hethe defendant ordered	19969
and, if the costs are finally adjudged against the state, the	19970
defendant shall have ~~his~~the defendant's deposit refunded. ~~When~~	19971
~~more than one transcript of the same testimony or proceedings is~~	19972
~~ordered at the same time by the same party, or by the court, the~~	19973
~~compensation for making such additional transcript shall be~~	19974
~~one-half the compensation allowed for the first copy, and shall be~~	19975
~~paid for in the same manner except that where ordered by the same~~	19976
~~party only the cost of the original shall be taxed as costs.~~ All	19977
~~such~~ transcripts shall be taken and received as prima-facie	19978
evidence of their correctness. ~~When~~If the testimony of witnesses	19979
is taken before the grand jury by ~~shorthand~~ reporters, they shall	19980
receive for ~~such~~the transcripts ~~as are ordered by the prosecuting~~	19981
~~attorney~~ the same compensation ~~per folio~~ and be paid ~~therefor~~ in	19982
the same manner as provided in this section and section 2301.24 of	19983
the Revised Code.	19984

Sec. 2301.26. ~~Shorthand reporters~~Reporters appointed under	19985
~~sections~~section 2301.18 ~~and 2301.19~~ of the Revised Code, may be	19986
appointed referees to take and report evidence in causes pending	19987
in any of the courts of this state. In the taking of evidence as	19988
~~such~~ referees, ~~they~~the reporters may administer oaths to	19989
witnesses. They shall be furnished by the board of county	19990
commissioners with a suitable room in the courthouse, and with	19991
~~stationery,~~ supplies and ~~other~~ equipment necessary infor the	19992
proper discharge of their duties and for the preservation of their	19993
~~stenographic~~ notes and electronic records. ~~Such~~The notes and	19994
electronic records shall be the property of the county and	19995
carefully preserved in the office of the ~~shorthand~~ reporters.	19996

Sec. 2301.27. (A)(1)(a) The court of common pleas may	19997
establish a county department of probation. The establishment of	19998
the department shall be entered upon the journal of the court, and	19999
the clerk of the court of common pleas shall certify a copy of the	20000
journal entry establishing the department to each elective officer	20001
and board of the county. The department shall consist of a chief	20002
probation officer and the number of other probation officers and	20003
employees, clerks, and stenographers that is fixed from time to	20004
time by the court. The court shall appoint those individuals, fix	20005
their salaries, and supervise their work.	20006

(b) When appointing a chief probation officer, the court	20007
shall do all of the following:	20008

(i) Publicly advertise the position on the court's web site,	20009
including, but not limited to, the job description, qualifications	20010
for the position, and the application requirements;	20011

(ii) Conduct a competitive hiring process that adheres to	20012
state and federal equal employment opportunity laws;	20013

(iii) Review applicants who meet the posted qualifications	20014
and comply with the application requirements.	20015

(c) The court shall not appoint as a probation officer any	20016
person who does not possess the training, experience, and other	20017
qualifications prescribed by the adult parole authority created by	20018
section 5149.02 of the Revised Code. Probation officers have all	20019
the powers of regular police officers and shall perform any duties	20020
that are designated by the judge or judges of the court. All	20021
positions within the department of probation shall be in the	20022
classified service of the civil service of the county.	20023

(2) If two or more counties desire to jointly establish a	20024
probation department for those counties, the judges of the courts	20025
of common pleas of those counties may establish a probation	20026
department for those counties. If a probation department is	20027
established pursuant to division (A)(2) of this section to serve	20028
more than one county, the judges of the courts of common pleas	20029
that established the department shall designate the county	20030
treasurer of one of the counties served by the department as the	20031
treasurer to whom probation fees paid under section 2951.021 of	20032
the Revised Code are to be appropriated and transferred under	20033
division (A)(2) of section 321.44 of the Revised Code for deposit	20034
into the multicounty probation services fund established under	20035
division (B) of section 321.44 of the Revised Code.	20036

The cost of the administration and operation of a probation	20037
department established for two or more counties shall be prorated	20038
to the respective counties on the basis of population.	20039

(3) Probation officers shall receive, in addition to their	20040
respective salaries, their necessary and reasonable travel and	20041
other expenses incurred in the performance of their duties. Their	20042
salaries and expenses shall be paid monthly from the county	20043
treasury in the manner provided for the payment of the	20044
compensation of other appointees of the court.	20045

(4) ~~Probation~~Adult probation officers shall be trained in	20046
accordance with a set of minimum standards that are established by	20047
the adult parole authority of the department of rehabilitation and	20048
correction.	20049

(B)(1) In lieu of establishing a county department of	20050
probation under division (A) of this section and in lieu of	20051
entering into an agreement with the adult parole authority as	20052
described in division (B) of section 2301.32 of the Revised Code,	20053
the court of common pleas may request the board of county	20054
commissioners to contract with, and upon that request the board	20055
may contract with, any nonprofit, public or private agency,	20056
association, or organization for the provision of probation	20057
services and supervisory services for persons placed under	20058
community control sanctions. The contract shall specify that each	20059
individual providing the probation services and supervisory	20060
services shall possess the training, experience, and other	20061
qualifications prescribed by the adult parole authority. The	20062
individuals who provide the probation services and supervisory	20063
services shall not be included in the classified or unclassified	20064
civil service of the county.	20065

(2) In lieu of establishing a county department of probation	20066
under division (A) of this section and in lieu of entering into an	20067
agreement with the adult parole authority as described in division	20068
(B) of section 2301.32 of the Revised Code, the courts of common	20069
pleas of two or more adjoining counties jointly may request the	20070
boards of county commissioners of those counties to contract with,	20071
and upon that request the boards of county commissioners of two or	20072
more adjoining counties jointly may contract with, any nonprofit,	20073
public or private agency, association, or organization for the	20074
provision of probation services and supervisory services for	20075
persons placed under community control sanctions for those	20076
counties. The contract shall specify that each individual	20077
providing the probation services and supervisory services shall	20078
possess the training, experience, and other qualifications	20079
prescribed by the adult parole authority. The individuals who	20080
provide the probation services and supervisory services shall not	20081
be included in the classified or unclassified civil service of any	20082
of those counties.	20083

(C) The chief probation officer may grant permission to a	20084
probation officer to carry firearms when required in the discharge	20085
of official duties if the probation officer has successfully	20086
completed a basic firearm training program that is approved by the	20087
executive director of the Ohio peace officer training commission.	20088
A probation officer who has been granted permission to carry a	20089
firearm in the discharge of official duties, annually shall	20090
successfully complete a firearms requalification program in	20091
accordance with section 109.801 of the Revised Code.	20092

(D) As used in this section and sections 2301.28 to 2301.32	20093
of the Revised Code, "community control sanction" has the same	20094
meaning as in section 2929.01 of the Revised Code.	20095

Sec. 2301.271. (A) The adult parole authority of the	20096
department of rehabilitation and correction shall develop minimum	20097
standards for the training of adult probation officers as provided	20098
by section 2301.27 of the Revised Code. The adult parole authority	20099
shall consult and collaborate with the supreme court in developing	20100
the standards.	20101

(B) Within six months after ~~the effective date of this~~	20102
~~section~~September 30, 2011, the department of rehabilitation and	20103
correction shall make available a copy of the minimum standards to	20104
the following entities:	20105

(1) Every municipal court, county court, and court of common	20106
pleas;	20107

(2) Every probation department.

20108

Sec. 2301.571. (A) A person who has been convicted of or	20109
pleaded guilty to an offense and who is confined in a	20110
community-based correctional facility or district community-based	20111
correctional facility~~, unless indigent,~~ is financially responsible	20112
for the payment of any medical expense or service requested by and	20113
provided to that person.	20114

(B) ~~Notwithstanding any contrary provision of section 2929.38~~	20115
~~of the Revised Code, the facility governing board of a~~	20116
~~community-based correctional facility or district community-based~~	20117
~~correctional facility shall establish a policy that requires any~~	20118
~~person who is not indigent and who is confined in the correctional~~	20119
~~facility to pay for any medical treatment or service requested by~~	20120
~~and provided to that person. The fee for the medical treatment or~~	20121
~~service shall not exceed the actual cost of the treatment or~~	20122
~~service provided.~~ No person confined in a community-based	20123
correctional facility or district community-based correctional	20124
facility shall be denied any necessary medical care because of	20125
inability to pay for medical treatment or service.	20126

(C) ~~Any fee paid by a person under~~Nothing in this section	20127
shall ~~be deducted from~~cause a community-based correctional	20128
facility or district community-based correctional facility to be	20129
responsible for the payment of any medical or ~~dental costs that~~	20130
~~the person is ordered to reimburse under a financial sanction~~	20131
~~imposed pursuant to section 2929.28 of the Revised Code or to~~	20132
~~repay under a policy adopted under~~other health care expenses	20133
incurred in connection with an offender who is serving a term in	20134
the facility pursuant to section ~~2929.37~~2929.16 of the Revised	20135
Code.	20136

Sec. 2305.01. Except as otherwise provided by this section	20137
or section 2305.03 of the Revised Code, the court of common pleas	20138
has original jurisdiction in all civil cases in which the sum or	20139
matter in dispute exceeds the exclusive original jurisdiction of	20140
county courts and appellate jurisdiction from the decisions of	20141
boards of county commissioners. The court of common pleas shall	20142
not have jurisdiction, in any tort action to which the amounts	20143
apply, to award punitive or exemplary damages that exceed the	20144
amounts set forth in section 2315.21 of the Revised Code. The	20145
court of common pleas shall not have jurisdiction in any tort	20146
action to which the limits apply to enter judgment on an award of	20147
compensatory damages for noneconomic loss in excess of the limits	20148
set forth in section 2315.18 of the Revised Code.	20149

The court of common pleas may on its own motion transfer for	20150
trial any action in the court to any municipal court in the county	20151
having concurrent jurisdiction of the subject matter of, and the	20152
parties to, the action, if the amount sought by the plaintiff does	20153
not exceed one thousand dollars and if the judge or presiding	20154
judge of the municipal court concurs in the proposed transfer.	20155
Upon the issuance of an order of transfer, the clerk of courts	20156
shall remove to the designated municipal court the entire case	20157
file. Any untaxed portion of the common pleas deposit for court	20158
costs shall be remitted to the municipal court by the clerk of	20159
courts to be applied in accordance with section 1901.26 of the	20160
Revised Code, and the costs taxed by the municipal court shall be	20161
added to any costs taxed in the common pleas court.	20162

The court of common pleas has jurisdiction in any action	20163
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	20164
Revised Code if the residential premises that are the subject of	20165
the action are located within the territorial jurisdiction of the	20166
court.	20167

The courts of common pleas of Adams, Athens, Belmont, Brown,	20168
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	20169
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	20170
beyond the north or northwest shore of the Ohio river extending to	20171
the opposite shore line, between the extended boundary lines of	20172
any adjacent counties or adjacent state. Each of those courts of	20173
common pleas has concurrent jurisdiction on the Ohio river with	20174
any adjacent court of common pleas that borders on that river and	20175
with any court of Kentucky or of West Virginia that borders on the	20176
Ohio river and that has jurisdiction on the Ohio river under the	20177
law of Kentucky or the law of West Virginia, whichever is	20178
applicable, or under federal law.	20179

Sec. 2305.02. AThe court of common pleas associated with	20180
the individual's conviction has exclusive, original jurisdiction	20181
to hear and determine an action or proceeding that is commenced by	20182
an individual who satisfies divisions (A)(1) to (4) of section	20183
2743.48 of the Revised Code and ~~that~~ seeks a determination by ~~the~~	20184
that court that the offense of which hethe individual was found	20185
guilty, including all lesser-included offenses, either was not	20186
committed by ~~him~~the individual or was not committed by any	20187
person. If ~~the~~that court enters the requested determination, it	20188
shall comply with division (B) of that section.	20189

Sec. 2307.89. The following apply to all tort actions for	20190
silicosis or mixed dust disease claims brought against a premises	20191
owner to recover damages or other relief for exposure to silica or	20192
mixed dust on the premises owner's property:	20193

(A) A premises owner is not liable for any injury to any	20194
individual resulting from silica or mixed dust exposure unless	20195
that individual's alleged exposure occurred while the individual	20196
was at the premises owner's property.	20197

(B) If exposure to silica or mixed dust is alleged to have	20198
occurred before January 1, 1972, it is presumed that a premises	20199
owner knew that this state had adopted safe levels of exposure for	20200
silica or mixed dust and that products containing silica or mixed	20201
dust were used on its property only at levels below those safe	20202
levels of exposure. To rebut this presumption, the plaintiff must	20203
prove by a preponderance of the evidence that the premises owner	20204
knew or should have known that the levels of silica or mixed dust	20205
in the immediate breathing zone of the plaintiff regularly	20206
exceeded the threshold limit values adopted by this state and that	20207
the premises owner allowed that condition to persist.	20208

(C)(1) A premises owner is presumed to be not liable for any	20209
injury to any invitee who was engaged to work with, install, or	20210
remove products containing silica or mixed dust on the premises	20211
owner's property if the invitee's employer held itself out as	20212
qualified to perform the work. To rebut this presumption, the	20213
plaintiff must demonstrate by a preponderance of the evidence that	20214
the premises owner had actual knowledge of the potential dangers	20215
of the products containing silica or mixed dust at the time of the	20216
alleged exposure that was superior to the knowledge of both the	20217
invitee and the invitee's employer.	20218

(2) A premises owner that hired a contractor before January	20219
1, 1972, to perform the type of work at the premises owner's	20220
property that the contractor was qualified to perform cannot be	20221
liable for any injury to any individual resulting from silica or	20222
mixed dust exposure caused by any of the contractor's employees or	20223
agents on the premises owner's property unless the premises owner	20224
directed the activity that resulted in the injury or gave or	20225
denied permission for the critical acts that led to the	20226
individual's injury.	20227

(3) If exposure to silica or mixed dust is alleged to have	20228
occurred after January 1, 1972, a premises owner is not liable for	20229
any injury to any individual resulting from that exposure caused	20230
by a contractor's employee or agent on the premises owner's	20231
property unless the plaintiff establishes the premises owner's	20232
intentional violation of an established safety standard that was	20233
in effect at the time of the exposure and that the alleged	20234
violation was in the plaintiff's breathing zone and was the	20235
proximate cause of the plaintiff's medical condition.	20236

(D) As used in this section:

20237

(1) "Threshold limit values" means the maximum allowable	20238
concentration of silica, or other dust, set forth in regulation	20239
247 of the "regulations for the prevention and control of diseases	20240
resulting from exposure to toxic fumes, vapors, mists, gases, and	20241
dusts in order to preserve and protect the public health," as	20242
adopted by the former public health council of the department of	20243
health on January 1, 1947, and set forth by the industrial	20244
commission of Ohio in bulletin no. 203, "specific requirements and	20245
general safety standards of the industrial commission of Ohio for	20246
work shops and factories, chapter XV, ventilation and exhausts,"	20247
effective January 3, 1955.	20248

(2) "Established safety standard" means that, for the years	20249
after 1971, the concentration of silica or mixed dust in the	20250
breathing zone of the worker does not exceed the maximum allowable	20251
exposure limits for the eight-hour time-weighted average airborne	20252
concentration as promulgated by the occupational safety and health	20253
administration (OSHA) in effect at the time of the alleged	20254
exposure.	20255

(3) "Employee" means an individual who performs labor or	20256
provides construction services pursuant to a construction	20257
contract, as defined in section 4123.79 of the Revised Code, or a	20258
remodeling or repair contract, whether written or oral, if at	20259
least ten of the following criteria apply:	20260

(a) The individual is required to comply with instructions	20261
from the other contracting party regarding the manner or method of	20262
performing services.	20263

(b) The individual is required by the other contracting party	20264
to have particular training.	20265

(c) The individual's services are integrated into the regular	20266
functioning of the other contracting party.	20267

(d) The individual is required to perform the work	20268
personally.	20269

(e) The individual is hired, supervised, or paid by the other	20270
contracting party.	20271

(f) A continuing relationship exists between the individual	20272
and the other contracting party that contemplates continuing or	20273
recurring work even if the work is not full time.	20274

(g) The individual's hours of work are established by the	20275
other contracting party.	20276

(h) The individual is required to devote full time to the	20277
business of the other contracting party.	20278

(i) The individual is required to perform the work on the	20279
premises of the other contracting party.	20280

(j) The individual is required to follow the order of work	20281
set by the other contracting party.	20282

(k) The individual is required to make oral or written	20283
reports of progress to the other contracting party.	20284

(l) The individual is paid for services on a regular basis,	20285
including hourly, weekly, or monthly.	20286

(m) The individual's expenses are paid for by the other	20287
contracting party.	20288

(n) The individual's tools and materials are furnished by the	20289
other contracting party.	20290

(o) The individual is provided with the facilities used to	20291
perform services.	20292

(p) The individual does not realize a profit or suffer a loss	20293
as a result of the services provided.	20294

(q) The individual is not performing services for a number of	20295
employers at the same time.	20296

(r) The individual does not make the same services available	20297
to the general public.	20298

(s) The other contracting party has a right to discharge the	20299
individual.	20300

(t) The individual has the right to end the relationship with	20301
the other contracting party without incurring liability pursuant	20302
to an employment contract or agreement.	20303

Sec. 2317.02. The following persons shall not testify in	20304
certain respects:	20305

(A)(1) An attorney, concerning a communication made to the	20306
attorney by a client in that relation or the attorney's advice to	20307
a client, except that the attorney may testify by express consent	20308
of the client or, if the client is deceased, by the express	20309
consent of the surviving spouse or the executor or administrator	20310
of the estate of the deceased client. However, if the client	20311
voluntarily testifies or is deemed by section 2151.421 of the	20312
Revised Code to have waived any testimonial privilege under this	20313
division, the attorney may be compelled to testify on the same	20314
subject.	20315

The testimonial privilege established under this division	20316
does not apply concerning a communication between a client who has	20317
since died and the deceased client's attorney if the communication	20318
is relevant to a dispute between parties who claim through that	20319
deceased client, regardless of whether the claims are by testate	20320
or intestate succession or by inter vivos transaction, and the	20321
dispute addresses the competency of the deceased client when the	20322
deceased client executed a document that is the basis of the	20323
dispute or whether the deceased client was a victim of fraud,	20324
undue influence, or duress when the deceased client executed a	20325
document that is the basis of the dispute.	20326

(2) An attorney, concerning a communication made to the	20327
attorney by a client in that relationship or the attorney's advice	20328
to a client, except that if the client is an insurance company,	20329
the attorney may be compelled to testify, subject to an in camera	20330
inspection by a court, about communications made by the client to	20331
the attorney or by the attorney to the client that are related to	20332
the attorney's aiding or furthering an ongoing or future	20333
commission of bad faith by the client, if the party seeking	20334
disclosure of the communications has made a prima-facie showing of	20335
bad faith, fraud, or criminal misconduct by the client.	20336

(B)(1) A physician or a dentist concerning a communication	20337
made to the physician or dentist by a patient in that relation or	20338
the physician's or dentist's advice to a patient, except as	20339
otherwise provided in this division, division (B)(2), and division	20340
(B)(3) of this section, and except that, if the patient is deemed	20341
by section 2151.421 of the Revised Code to have waived any	20342
testimonial privilege under this division, the physician may be	20343
compelled to testify on the same subject.	20344

The testimonial privilege established under this division	20345
does not apply, and a physician or dentist may testify or may be	20346
compelled to testify, in any of the following circumstances:	20347

(a) In any civil action, in accordance with the discovery	20348
provisions of the Rules of Civil Procedure in connection with a	20349
civil action, or in connection with a claim under Chapter 4123. of	20350
the Revised Code, under any of the following circumstances:	20351

(i) If the patient or the guardian or other legal	20352
representative of the patient gives express consent;	20353

(ii) If the patient is deceased, the spouse of the patient or	20354
the executor or administrator of the patient's estate gives	20355
express consent;	20356

(iii) If a medical claim, dental claim, chiropractic claim,	20357
or optometric claim, as defined in section 2305.113 of the Revised	20358
Code, an action for wrongful death, any other type of civil	20359
action, or a claim under Chapter 4123. of the Revised Code is	20360
filed by the patient, the personal representative of the estate of	20361
the patient if deceased, or the patient's guardian or other legal	20362
representative.	20363

(b) In any civil action concerning court-ordered treatment or	20364
services received by a patient, if the court-ordered treatment or	20365
services were ordered as part of a case plan journalized under	20366
section 2151.412 of the Revised Code or the court-ordered	20367
treatment or services are necessary or relevant to dependency,	20368
neglect, or abuse or temporary or permanent custody proceedings	20369
under Chapter 2151. of the Revised Code.	20370

(c) In any criminal action concerning any test or the results	20371
of any test that determines the presence or concentration of	20372
alcohol, a drug of abuse, a combination of them, a controlled	20373
substance, or a metabolite of a controlled substance in the	20374
patient's whole blood, blood serum or plasma, breath, urine, or	20375
other bodily substance at any time relevant to the criminal	20376
offense in question.	20377

(d) In any criminal action against a physician or dentist. In	20378
such an action, the testimonial privilege established under this	20379
division does not prohibit the admission into evidence, in	20380
accordance with the Rules of Evidence, of a patient's medical or	20381
dental records or other communications between a patient and the	20382
physician or dentist that are related to the action and obtained	20383
by subpoena, search warrant, or other lawful means. A court that	20384
permits or compels a physician or dentist to testify in such an	20385
action or permits the introduction into evidence of patient	20386
records or other communications in such an action shall require	20387
that appropriate measures be taken to ensure that the	20388
confidentiality of any patient named or otherwise identified in	20389
the records is maintained. Measures to ensure confidentiality that	20390
may be taken by the court include sealing its records or deleting	20391
specific information from its records.	20392

(e)(i) If the communication was between a patient who has	20393
since died and the deceased patient's physician or dentist, the	20394
communication is relevant to a dispute between parties who claim	20395
through that deceased patient, regardless of whether the claims	20396
are by testate or intestate succession or by inter vivos	20397
transaction, and the dispute addresses the competency of the	20398
deceased patient when the deceased patient executed a document	20399
that is the basis of the dispute or whether the deceased patient	20400
was a victim of fraud, undue influence, or duress when the	20401
deceased patient executed a document that is the basis of the	20402
dispute.	20403

(ii) If neither the spouse of a patient nor the executor or	20404
administrator of that patient's estate gives consent under	20405
division (B)(1)(a)(ii) of this section, testimony or the	20406
disclosure of the patient's medical records by a physician,	20407
dentist, or other health care provider under division (B)(1)(e)(i)	20408
of this section is a permitted use or disclosure of protected	20409
health information, as defined in 45 C.F.R. 160.103, and an	20410
authorization or opportunity to be heard shall not be required.	20411

(iii) Division (B)(1)(e)(i) of this section does not require	20412
a mental health professional to disclose psychotherapy notes, as	20413
defined in 45 C.F.R. 164.501.	20414

(iv) An interested person who objects to testimony or	20415
disclosure under division (B)(1)(e)(i) of this section may seek a	20416
protective order pursuant to Civil Rule 26.	20417

(v) A person to whom protected health information is	20418
disclosed under division (B)(1)(e)(i) of this section shall not	20419
use or disclose the protected health information for any purpose	20420
other than the litigation or proceeding for which the information	20421
was requested and shall return the protected health information to	20422
the covered entity or destroy the protected health information,	20423
including all copies made, at the conclusion of the litigation or	20424
proceeding.	20425

(2)(a) If any law enforcement officer submits a written	20426
statement to a health care provider that states that an official	20427
criminal investigation has begun regarding a specified person or	20428
that a criminal action or proceeding has been commenced against a	20429
specified person, that requests the provider to supply to the	20430
officer copies of any records the provider possesses that pertain	20431
to any test or the results of any test administered to the	20432
specified person to determine the presence or concentration of	20433
alcohol, a drug of abuse, a combination of them, a controlled	20434
substance, or a metabolite of a controlled substance in the	20435
person's whole blood, blood serum or plasma, breath, or urine at	20436
any time relevant to the criminal offense in question, and that	20437
conforms to section 2317.022 of the Revised Code, the provider,	20438
except to the extent specifically prohibited by any law of this	20439
state or of the United States, shall supply to the officer a copy	20440
of any of the requested records the provider possesses. If the	20441
health care provider does not possess any of the requested	20442
records, the provider shall give the officer a written statement	20443
that indicates that the provider does not possess any of the	20444
requested records.	20445

(b) If a health care provider possesses any records of the	20446
type described in division (B)(2)(a) of this section regarding the	20447
person in question at any time relevant to the criminal offense in	20448
question, in lieu of personally testifying as to the results of	20449
the test in question, the custodian of the records may submit a	20450
certified copy of the records, and, upon its submission, the	20451
certified copy is qualified as authentic evidence and may be	20452
admitted as evidence in accordance with the Rules of Evidence.	20453
Division (A) of section 2317.422 of the Revised Code does not	20454
apply to any certified copy of records submitted in accordance	20455
with this division. Nothing in this division shall be construed to	20456
limit the right of any party to call as a witness the person who	20457
administered the test to which the records pertain, the person	20458
under whose supervision the test was administered, the custodian	20459
of the records, the person who made the records, or the person	20460
under whose supervision the records were made.	20461

(3)(a) If the testimonial privilege described in division	20462
(B)(1) of this section does not apply as provided in division	20463
(B)(1)(a)(iii) of this section, a physician or dentist may be	20464
compelled to testify or to submit to discovery under the Rules of	20465
Civil Procedure only as to a communication made to the physician	20466
or dentist by the patient in question in that relation, or the	20467
physician's or dentist's advice to the patient in question, that	20468
related causally or historically to physical or mental injuries	20469
that are relevant to issues in the medical claim, dental claim,	20470
chiropractic claim, or optometric claim, action for wrongful	20471
death, other civil action, or claim under Chapter 4123. of the	20472
Revised Code.	20473

(b) If the testimonial privilege described in division (B)(1)	20474
of this section does not apply to a physician or dentist as	20475
provided in division (B)(1)(c) of this section, the physician or	20476
dentist, in lieu of personally testifying as to the results of the	20477
test in question, may submit a certified copy of those results,	20478
and, upon its submission, the certified copy is qualified as	20479
authentic evidence and may be admitted as evidence in accordance	20480
with the Rules of Evidence. Division (A) of section 2317.422 of	20481
the Revised Code does not apply to any certified copy of results	20482
submitted in accordance with this division. Nothing in this	20483
division shall be construed to limit the right of any party to	20484
call as a witness the person who administered the test in	20485
question, the person under whose supervision the test was	20486
administered, the custodian of the results of the test, the person	20487
who compiled the results, or the person under whose supervision	20488
the results were compiled.	20489

(4) The testimonial privilege described in division (B)(1) of	20490
this section is not waived when a communication is made by a	20491
physician to a pharmacist or when there is communication between a	20492
patient and a pharmacist in furtherance of the physician-patient	20493
relation.	20494

(5)(a) As used in divisions (B)(1) to (4) of this section,	20495
"communication" means acquiring, recording, or transmitting any	20496
information, in any manner, concerning any facts, opinions, or	20497
statements necessary to enable a physician or dentist to diagnose,	20498
treat, prescribe, or act for a patient. A "communication" may	20499
include, but is not limited to, any medical or dental, office, or	20500
hospital communication such as a record, chart, letter,	20501
memorandum, laboratory test and results, x-ray, photograph,	20502
financial statement, diagnosis, or prognosis.	20503

(b) As used in division (B)(2) of this section, "health care	20504
provider" means a hospital, ambulatory care facility, long-term	20505
care facility, pharmacy, emergency facility, or health care	20506
practitioner.	20507

20508

(i) "Ambulatory care facility" means a facility that provides	20509
medical, diagnostic, or surgical treatment to patients who do not	20510
require hospitalization, including a dialysis center, ambulatory	20511
surgical facility, cardiac catheterization facility, diagnostic	20512
imaging center, extracorporeal shock wave lithotripsy center, home	20513
health agency, inpatient hospice, birthing center, radiation	20514
therapy center, emergency facility, and an urgent care center.	20515
"Ambulatory health care facility" does not include the private	20516
office of a physician or dentist, whether the office is for an	20517
individual or group practice.	20518

(ii) "Emergency facility" means a hospital emergency	20519
department or any other facility that provides emergency medical	20520
services.	20521

(iii) "Health care practitioner" has the same meaning as in	20522
section 4769.01 of the Revised Code.	20523

(iv) "Hospital" has the same meaning as in section 3727.01 of	20524
the Revised Code.	20525

(v) "Long-term care facility" means a nursing home,	20526
residential care facility, or home for the aging, as those terms	20527
are defined in section 3721.01 of the Revised Code; ~~an adult care~~	20528
a residential facility~~, as defined in~~licensed under section	20529
~~5119.70~~5119.22 of the Revised Code that provides accommodations,	20530
supervision, and personal care services for three to sixteen	20531
unrelated adults; a nursing facility or intermediate care facility	20532
for the mentally retarded, as those terms are defined in section	20533
5111.20 of the Revised Code; a facility or portion of a facility	20534
certified as a skilled nursing facility under Title XVIII of the	20535
"Social Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as	20536
amended.	20537

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	20538
the Revised Code.	20539

(d) As used in divisions (B)(1) and (2) of this section,	20540
"drug of abuse" has the same meaning as in section 4506.01 of the	20541
Revised Code.	20542

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	20543
apply to doctors of medicine, doctors of osteopathic medicine,	20544
doctors of podiatry, and dentists.	20545

(7) Nothing in divisions (B)(1) to (6) of this section	20546
affects, or shall be construed as affecting, the immunity from	20547
civil liability conferred by section 307.628 of the Revised Code	20548
or the immunity from civil liability conferred by section 2305.33	20549
of the Revised Code upon physicians who report an employee's use	20550
of a drug of abuse, or a condition of an employee other than one	20551
involving the use of a drug of abuse, to the employer of the	20552
employee in accordance with division (B) of that section. As used	20553
in division (B)(7) of this section, "employee," "employer," and	20554
"physician" have the same meanings as in section 2305.33 of the	20555
Revised Code.	20556

(C)(1) A cleric, when the cleric remains accountable to the	20557
authority of that cleric's church, denomination, or sect,	20558
concerning a confession made, or any information confidentially	20559
communicated, to the cleric for a religious counseling purpose in	20560
the cleric's professional character. The cleric may testify by	20561
express consent of the person making the communication, except	20562
when the disclosure of the information is in violation of a sacred	20563
trust and except that, if the person voluntarily testifies or is	20564
deemed by division (A)(4)(c) of section 2151.421 of the Revised	20565
Code to have waived any testimonial privilege under this division,	20566
the cleric may be compelled to testify on the same subject except	20567
when disclosure of the information is in violation of a sacred	20568
trust.	20569

(2) As used in division (C) of this section:

20570

(a) "Cleric" means a member of the clergy, rabbi, priest,	20571
Christian Science practitioner, or regularly ordained, accredited,	20572
or licensed minister of an established and legally cognizable	20573
church, denomination, or sect.	20574

(b) "Sacred trust" means a confession or confidential	20575
communication made to a cleric in the cleric's ecclesiastical	20576
capacity in the course of discipline enjoined by the church to	20577
which the cleric belongs, including, but not limited to, the	20578
Catholic Church, if both of the following apply:	20579

(i) The confession or confidential communication was made	20580
directly to the cleric.	20581

(ii) The confession or confidential communication was made in	20582
the manner and context that places the cleric specifically and	20583
strictly under a level of confidentiality that is considered	20584
inviolate by canon law or church doctrine.	20585

(D) Husband or wife, concerning any communication made by one	20586
to the other, or an act done by either in the presence of the	20587
other, during coverture, unless the communication was made, or act	20588
done, in the known presence or hearing of a third person competent	20589
to be a witness; and such rule is the same if the marital relation	20590
has ceased to exist;	20591

(E) A person who assigns a claim or interest, concerning any	20592
matter in respect to which the person would not, if a party, be	20593
permitted to testify;	20594

(F) A person who, if a party, would be restricted under	20595
section 2317.03 of the Revised Code, when the property or thing is	20596
sold or transferred by an executor, administrator, guardian,	20597
trustee, heir, devisee, or legatee, shall be restricted in the	20598
same manner in any action or proceeding concerning the property or	20599
thing.	20600

(G)(1) A school guidance counselor who holds a valid educator	20601
license from the state board of education as provided for in	20602
section 3319.22 of the Revised Code, a person licensed under	20603
Chapter 4757. of the Revised Code as a professional clinical	20604
counselor, professional counselor, social worker, independent	20605
social worker, marriage and family therapist or independent	20606
marriage and family therapist, or registered under Chapter 4757.	20607
of the Revised Code as a social work assistant concerning a	20608
confidential communication received from a client in that relation	20609
or the person's advice to a client unless any of the following	20610
applies:	20611

(a) The communication or advice indicates clear and present	20612
danger to the client or other persons. For the purposes of this	20613
division, cases in which there are indications of present or past	20614
child abuse or neglect of the client constitute a clear and	20615
present danger.	20616

(b) The client gives express consent to the testimony.

20617

(c) If the client is deceased, the surviving spouse or the	20618
executor or administrator of the estate of the deceased client	20619
gives express consent.	20620

(d) The client voluntarily testifies, in which case the	20621
school guidance counselor or person licensed or registered under	20622
Chapter 4757. of the Revised Code may be compelled to testify on	20623
the same subject.	20624

(e) The court in camera determines that the information	20625
communicated by the client is not germane to the counselor-client,	20626
marriage and family therapist-client, or social worker-client	20627
relationship.	20628

(f) A court, in an action brought against a school, its	20629
administration, or any of its personnel by the client, rules after	20630
an in-camera inspection that the testimony of the school guidance	20631
counselor is relevant to that action.	20632

(g) The testimony is sought in a civil action and concerns	20633
court-ordered treatment or services received by a patient as part	20634
of a case plan journalized under section 2151.412 of the Revised	20635
Code or the court-ordered treatment or services are necessary or	20636
relevant to dependency, neglect, or abuse or temporary or	20637
permanent custody proceedings under Chapter 2151. of the Revised	20638
Code.	20639

(2) Nothing in division (G)(1) of this section shall relieve	20640
a school guidance counselor or a person licensed or registered	20641
under Chapter 4757. of the Revised Code from the requirement to	20642
report information concerning child abuse or neglect under section	20643
2151.421 of the Revised Code.	20644

(H) A mediator acting under a mediation order issued under	20645
division (A) of section 3109.052 of the Revised Code or otherwise	20646
issued in any proceeding for divorce, dissolution, legal	20647
separation, annulment, or the allocation of parental rights and	20648
responsibilities for the care of children, in any action or	20649
proceeding, other than a criminal, delinquency, child abuse, child	20650
neglect, or dependent child action or proceeding, that is brought	20651
by or against either parent who takes part in mediation in	20652
accordance with the order and that pertains to the mediation	20653
process, to any information discussed or presented in the	20654
mediation process, to the allocation of parental rights and	20655
responsibilities for the care of the parents' children, or to the	20656
awarding of parenting time rights in relation to their children;	20657

(I) A communications assistant, acting within the scope of	20658
the communication assistant's authority, when providing	20659
telecommunications relay service pursuant to section 4931.06 of	20660
the Revised Code or Title II of the "Communications Act of 1934,"	20661
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	20662
made through a telecommunications relay service. Nothing in this	20663
section shall limit the obligation of a communications assistant	20664
to divulge information or testify when mandated by federal law or	20665
regulation or pursuant to subpoena in a criminal proceeding.	20666

Nothing in this section shall limit any immunity or privilege	20667
granted under federal law or regulation.	20668

(J)(1) A chiropractor in a civil proceeding concerning a	20669
communication made to the chiropractor by a patient in that	20670
relation or the chiropractor's advice to a patient, except as	20671
otherwise provided in this division. The testimonial privilege	20672
established under this division does not apply, and a chiropractor	20673
may testify or may be compelled to testify, in any civil action,	20674
in accordance with the discovery provisions of the Rules of Civil	20675
Procedure in connection with a civil action, or in connection with	20676
a claim under Chapter 4123. of the Revised Code, under any of the	20677
following circumstances:	20678

(a) If the patient or the guardian or other legal	20679
representative of the patient gives express consent.	20680

(b) If the patient is deceased, the spouse of the patient or	20681
the executor or administrator of the patient's estate gives	20682
express consent.	20683

(c) If a medical claim, dental claim, chiropractic claim, or	20684
optometric claim, as defined in section 2305.113 of the Revised	20685
Code, an action for wrongful death, any other type of civil	20686
action, or a claim under Chapter 4123. of the Revised Code is	20687
filed by the patient, the personal representative of the estate of	20688
the patient if deceased, or the patient's guardian or other legal	20689
representative.	20690

(2) If the testimonial privilege described in division (J)(1)	20691
of this section does not apply as provided in division (J)(1)(c)	20692
of this section, a chiropractor may be compelled to testify or to	20693
submit to discovery under the Rules of Civil Procedure only as to	20694
a communication made to the chiropractor by the patient in	20695
question in that relation, or the chiropractor's advice to the	20696
patient in question, that related causally or historically to	20697
physical or mental injuries that are relevant to issues in the	20698
medical claim, dental claim, chiropractic claim, or optometric	20699
claim, action for wrongful death, other civil action, or claim	20700
under Chapter 4123. of the Revised Code.	20701

(3) The testimonial privilege established under this division	20702
does not apply, and a chiropractor may testify or be compelled to	20703
testify, in any criminal action or administrative proceeding.	20704

(4) As used in this division, "communication" means	20705
acquiring, recording, or transmitting any information, in any	20706
manner, concerning any facts, opinions, or statements necessary to	20707
enable a chiropractor to diagnose, treat, or act for a patient. A	20708
communication may include, but is not limited to, any	20709
chiropractic, office, or hospital communication such as a record,	20710
chart, letter, memorandum, laboratory test and results, x-ray,	20711
photograph, financial statement, diagnosis, or prognosis.	20712

(K)(1) Except as provided under division (K)(2) of this	20713
section, a critical incident stress management team member	20714
concerning a communication received from an individual who	20715
receives crisis response services from the team member, or the	20716
team member's advice to the individual, during a debriefing	20717
session.	20718

(2) The testimonial privilege established under division	20719
(K)(1) of this section does not apply if any of the following are	20720
true:	20721

(a) The communication or advice indicates clear and present	20722
danger to the individual who receives crisis response services or	20723
to other persons. For purposes of this division, cases in which	20724
there are indications of present or past child abuse or neglect of	20725
the individual constitute a clear and present danger.	20726

(b) The individual who received crisis response services	20727
gives express consent to the testimony.	20728

(c) If the individual who received crisis response services	20729
is deceased, the surviving spouse or the executor or administrator	20730
of the estate of the deceased individual gives express consent.	20731

(d) The individual who received crisis response services	20732
voluntarily testifies, in which case the team member may be	20733
compelled to testify on the same subject.	20734

(e) The court in camera determines that the information	20735
communicated by the individual who received crisis response	20736
services is not germane to the relationship between the individual	20737
and the team member.	20738

(f) The communication or advice pertains or is related to any	20739
criminal act.	20740

(3) As used in division (K) of this section:

20741

(a) "Crisis response services" means consultation, risk	20742
assessment, referral, and on-site crisis intervention services	20743
provided by a critical incident stress management team to	20744
individuals affected by crisis or disaster.	20745

(b) "Critical incident stress management team member" or	20746
"team member" means an individual specially trained to provide	20747
crisis response services as a member of an organized community or	20748
local crisis response team that holds membership in the Ohio	20749
critical incident stress management network.	20750

(c) "Debriefing session" means a session at which crisis	20751
response services are rendered by a critical incident stress	20752
management team member during or after a crisis or disaster.	20753

(L)(1) Subject to division (L)(2) of this section and except	20754
as provided in division (L)(3) of this section, an employee	20755
assistance professional, concerning a communication made to the	20756
employee assistance professional by a client in the employee	20757
assistance professional's official capacity as an employee	20758
assistance professional.	20759

(2) Division (L)(1) of this section applies to an employee	20760
assistance professional who meets either or both of the following	20761
requirements:	20762

(a) Is certified by the employee assistance certification	20763
commission to engage in the employee assistance profession;	20764

(b) Has education, training, and experience in all of the	20765
following:	20766

(i) Providing workplace-based services designed to address	20767
employer and employee productivity issues;	20768

(ii) Providing assistance to employees and employees'	20769
dependents in identifying and finding the means to resolve	20770
personal problems that affect the employees or the employees'	20771
performance;	20772

(iii) Identifying and resolving productivity problems	20773
associated with an employee's concerns about any of the following	20774
matters: health, marriage, family, finances, substance abuse or	20775
other addiction, workplace, law, and emotional issues;	20776

(iv) Selecting and evaluating available community resources;

20777

(v) Making appropriate referrals;

20778

(vi) Local and national employee assistance agreements;

20779

(vii) Client confidentiality.

20780

(3) Division (L)(1) of this section does not apply to any of	20781
the following:	20782

(a) A criminal action or proceeding involving an offense	20783
under sections 2903.01 to 2903.06 of the Revised Code if the	20784
employee assistance professional's disclosure or testimony relates	20785
directly to the facts or immediate circumstances of the offense;	20786

(b) A communication made by a client to an employee	20787
assistance professional that reveals the contemplation or	20788
commission of a crime or serious, harmful act;	20789

(c) A communication that is made by a client who is an	20790
unemancipated minor or an adult adjudicated to be incompetent and	20791
indicates that the client was the victim of a crime or abuse;	20792

(d) A civil proceeding to determine an individual's mental	20793
competency or a criminal action in which a plea of not guilty by	20794
reason of insanity is entered;	20795

(e) A civil or criminal malpractice action brought against	20796
the employee assistance professional;	20797

(f) When the employee assistance professional has the express	20798
consent of the client or, if the client is deceased or disabled,	20799
the client's legal representative;	20800

(g) When the testimonial privilege otherwise provided by	20801
division (L)(1) of this section is abrogated under law.	20802

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	20803
2317.41 of the Revised Code but subject to division (B) of this	20804
section, the records, or copies or photographs of the records, of	20805
a hospital, homes required to be licensed pursuant to section	20806
3721.01 of the Revised Code, and ~~adult care~~residential facilities	20807
~~required to be~~ licensed pursuant to ~~Chapter 5119.~~section 5119.22	20808
of the Revised Code that provides accommodations, supervision, and	20809
personal care services for three to sixteen unrelated adults, in	20810
lieu of the testimony in open court of their custodian, person who	20811
made them, or person under whose supervision they were made, may	20812
be qualified as authentic evidence if any such person endorses	20813
thereon the person's verified certification identifying such	20814
records, giving the mode and time of their preparation, and	20815
stating that they were prepared in the usual course of the	20816
business of the institution. Such records, copies, or photographs	20817
may not be qualified by certification as provided in this section	20818
unless the party intending to offer them delivers a copy of them,	20819
or of their relevant portions, to the attorney of record for each	20820
adverse party not less than five days before trial. Nothing in	20821
this section shall be construed to limit the right of any party to	20822
call the custodian, person who made such records, or person under	20823
whose supervision they were made, as a witness.	20824

(B) Division (A) of this section does not apply to any	20825
certified copy of the results of any test given to determine the	20826
presence or concentration of alcohol, a drug of abuse, a	20827
combination of them, a controlled substance, or a metabolite of a	20828
controlled substance in a patient's whole blood, blood serum or	20829
plasma, breath, or urine at any time relevant to a criminal	20830
offense that is submitted in a criminal action or proceeding in	20831
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	20832
of the Revised Code.	20833

Sec. 2317.56. (A) As used in this section:

20834

(1) "Medical emergency" means a condition of a pregnant woman	20835
that, in the reasonable judgment of the physician who is attending	20836
the woman, creates an immediate threat of serious risk to the life	20837
or physical health of the woman from the continuation of the	20838
pregnancy necessitating the immediate performance or inducement of	20839
an abortion.	20840

(2) "Medical necessity" means a medical condition of a	20841
pregnant woman that, in the reasonable judgment of the physician	20842
who is attending the woman, so complicates the pregnancy that it	20843
necessitates the immediate performance or inducement of an	20844
abortion.	20845

(3) "Probable gestational age of the embryo or fetus" means	20846
the gestational age that, in the judgment of a physician, is, with	20847
reasonable probability, the gestational age of the embryo or fetus	20848
at the time that the physician informs a pregnant woman pursuant	20849
to division (B)(1)(b) of this section.	20850

(B) Except when there is a medical emergency or medical	20851
necessity, an abortion shall be performed or induced only if all	20852
of the following conditions are satisfied:	20853

(1) At least twenty-four hours prior to the performance or	20854
inducement of the abortion, a physician meets with the pregnant	20855
woman in person in an individual, private setting and gives her an	20856
adequate opportunity to ask questions about the abortion that will	20857
be performed or induced. At this meeting, the physician shall	20858
inform the pregnant woman, verbally or, if she is hearing	20859
impaired, by other means of communication, of all of the	20860
following:	20861

(a) The nature and purpose of the particular abortion	20862
procedure to be used and the medical risks associated with that	20863
procedure;	20864

(b) The probable gestational age of the embryo or fetus;

20865

(c) The medical risks associated with the pregnant woman	20866
carrying the pregnancy to term.	20867

The meeting need not occur at the facility where the abortion	20868
is to be performed or induced, and the physician involved in the	20869
meeting need not be affiliated with that facility or with the	20870
physician who is scheduled to perform or induce the abortion.	20871

(2) At least twenty-four hours prior to the performance or	20872
inducement of the abortion, one or more physicians or one or more	20873
agents of one or more physicians do each of the following in	20874
person, by telephone, by certified mail, return receipt requested,	20875
or by regular mail evidenced by a certificate of mailing:	20876

(a) Inform the pregnant woman of the name of the physician	20877
who is scheduled to perform or induce the abortion;	20878

(b) Give the pregnant woman copies of the published materials	20879
described in division (C) of this section;	20880

(c) Inform the pregnant woman that the materials given	20881
pursuant to division (B)(2)(b) of this section are ~~provided~~	20882
published by the state and that they describe the embryo or fetus	20883
and list agencies that offer alternatives to abortion. The	20884
pregnant woman may choose to examine or not to examine the	20885
materials. A physician or an agent of a physician may choose to be	20886
disassociated from the materials and may choose to comment or not	20887
comment on the materials.	20888

(3) Prior to the performance or inducement of the abortion,	20889
the pregnant woman signs a form consenting to the abortion and	20890
certifies both of the following on that form:	20891

(a) She has received the information and materials described	20892
in divisions (B)(1) and (2) of this section, and her questions	20893
about the abortion that will be performed or induced have been	20894
answered in a satisfactory manner.	20895

(b) She consents to the particular abortion voluntarily,	20896
knowingly, intelligently, and without coercion by any person, and	20897
she is not under the influence of any drug of abuse or alcohol.	20898

(4) Prior to the performance or inducement of the abortion,	20899
the physician who is scheduled to perform or induce the abortion	20900
or the physician's agent receives a copy of the pregnant woman's	20901
signed form on which she consents to the abortion and that	20902
includes the certification required by division (B)(3) of this	20903
section.	20904

(C) The department of health shall ~~cause to be published~~	20905
publish in English and in Spanish, in a typeface large enough to	20906
be clearly legible, and in an easily comprehensible format, the	20907
following materials on the department's web site:	20908

(1) Materials that inform the pregnant woman about family	20909
planning information, of publicly funded agencies that are	20910
available to assist in family planning, and of public and private	20911
agencies and services that are available to assist her through the	20912
pregnancy, upon childbirth, and while the child is dependent,	20913
including, but not limited to, adoption agencies. The materials	20914
shall be geographically indexed; include a comprehensive list of	20915
the available agencies, a description of the services offered by	20916
the agencies, and the telephone numbers and addresses of the	20917
agencies; and inform the pregnant woman about available medical	20918
assistance benefits for prenatal care, childbirth, and neonatal	20919
care and about the support obligations of the father of a child	20920
who is born alive. The department shall ensure that the materials	20921
described in division (C)(1) of this section are comprehensive and	20922
do not directly or indirectly promote, exclude, or discourage the	20923
use of any agency or service described in this division.	20924

(2) Materials that inform the pregnant woman of the probable	20925
anatomical and physiological characteristics of the zygote,	20926
blastocyte, embryo, or fetus at two-week gestational increments	20927
for the first sixteen weeks of pregnancy and at four-week	20928
gestational increments from the seventeenth week of pregnancy to	20929
full term, including any relevant information regarding the time	20930
at which the fetus possibly would be viable. The department shall	20931
cause these materials to be published only after it consults with	20932
the Ohio state medical association and the Ohio section of the	20933
American college of obstetricians and gynecologists relative to	20934
the probable anatomical and physiological characteristics of a	20935
zygote, blastocyte, embryo, or fetus at the various gestational	20936
increments. The materials shall use language that is	20937
understandable by the average person who is not medically trained,	20938
shall be objective and nonjudgmental, and shall include only	20939
accurate scientific information about the zygote, blastocyte,	20940
embryo, or fetus at the various gestational increments. If the	20941
materials use a pictorial, photographic, or other depiction to	20942
provide information regarding the zygote, blastocyte, embryo, or	20943
fetus, the materials shall include, in a conspicuous manner, a	20944
scale or other explanation that is understandable by the average	20945
person and that can be used to determine the actual size of the	20946
zygote, blastocyte, embryo, or fetus at a particular gestational	20947
increment as contrasted with the depicted size of the zygote,	20948
blastocyte, embryo, or fetus at that gestational increment.	20949

(D) Upon the submission of a request to the department of	20950
health by any person, hospital, physician, or medical facility for	20951
one ~~or more copies~~copy of the materials published in accordance	20952
with division (C) of this section, the department shall make the	20953
requested ~~number of copies~~copy of the materials available to the	20954
person, hospital, physician, or medical facility that requested	20955
the ~~copies~~copy.	20956

(E) If a medical emergency or medical necessity compels the	20957
performance or inducement of an abortion, the physician who will	20958
perform or induce the abortion, prior to its performance or	20959
inducement if possible, shall inform the pregnant woman of the	20960
medical indications supporting the physician's judgment that an	20961
immediate abortion is necessary. Any physician who performs or	20962
induces an abortion without the prior satisfaction of the	20963
conditions specified in division (B) of this section because of a	20964
medical emergency or medical necessity shall enter the reasons for	20965
the conclusion that a medical emergency or medical necessity	20966
exists in the medical record of the pregnant woman.	20967

(F) If the conditions specified in division (B) of this	20968
section are satisfied, consent to an abortion shall be presumed to	20969
be valid and effective.	20970

(G) The performance or inducement of an abortion without the	20971
prior satisfaction of the conditions specified in division (B) of	20972
this section does not constitute, and shall not be construed as	20973
constituting, a violation of division (A) of section 2919.12 of	20974
the Revised Code. The failure of a physician to satisfy the	20975
conditions of division (B) of this section prior to performing or	20976
inducing an abortion upon a pregnant woman may be the basis of	20977
both of the following:	20978

(1) A civil action for compensatory and exemplary damages as	20979
described in division (H) of this section;	20980

(2) Disciplinary action under section 4731.22 of the Revised	20981
Code.	20982

(H)(1) Subject to divisions (H)(2) and (3) of this section,	20983
any physician who performs or induces an abortion with actual	20984
knowledge that the conditions specified in division (B) of this	20985
section have not been satisfied or with a heedless indifference as	20986
to whether those conditions have been satisfied is liable in	20987
compensatory and exemplary damages in a civil action to any	20988
person, or the representative of the estate of any person, who	20989
sustains injury, death, or loss to person or property as a result	20990
of the failure to satisfy those conditions. In the civil action,	20991
the court additionally may enter any injunctive or other equitable	20992
relief that it considers appropriate.	20993

(2) The following shall be affirmative defenses in a civil	20994
action authorized by division (H)(1) of this section:	20995

(a) The physician performed or induced the abortion under the	20996
circumstances described in division (E) of this section.	20997

(b) The physician made a good faith effort to satisfy the	20998
conditions specified in division (B) of this section.	20999

~~(c) The physician or an agent of the physician requested~~	21000
~~copies of the materials published in accordance with division (C)~~	21001
~~of this section from the department of health, but the physician~~	21002
~~was not able to give a pregnant woman copies of the materials~~	21003
~~pursuant to division (B)(2) of this section and to obtain a~~	21004
~~certification as described in divisions (B)(3) and (4) of this~~	21005
~~section because the department failed to make the requested number~~	21006
~~of copies available to the physician or agent in accordance with~~	21007
~~division (D) of this section.~~	21008

(3) An employer or other principal is not liable in damages	21009
in a civil action authorized by division (H)(1) of this section on	21010
the basis of the doctrine of respondeat superior unless either of	21011
the following applies:	21012

(a) The employer or other principal had actual knowledge or,	21013
by the exercise of reasonable diligence, should have known that an	21014
employee or agent performed or induced an abortion with actual	21015
knowledge that the conditions specified in division (B) of this	21016
section had not been satisfied or with a heedless indifference as	21017
to whether those conditions had been satisfied.	21018

(b) The employer or other principal negligently failed to	21019
secure the compliance of an employee or agent with division (B) of	21020
this section.	21021

(4) Notwithstanding division (E) of section 2919.12 of the	21022
Revised Code, the civil action authorized by division (H)(1) of	21023
this section shall be the exclusive civil remedy for persons, or	21024
the representatives of estates of persons, who allegedly sustain	21025
injury, death, or loss to person or property as a result of a	21026
failure to satisfy the conditions specified in division (B) of	21027
this section.	21028

(I) The department of job and family services shall prepare	21029
and conduct a public information program to inform women of all	21030
available governmental programs and agencies that provide services	21031
or assistance for family planning, prenatal care, child care, or	21032
alternatives to abortion.	21033

Sec. 2319.27. Except as section 147.08 of the Revised Code	21034
governs the fees chargeable by a notary public for services	21035
rendered in connection with depositions, the fees and expenses	21036
chargeable for the taking and certifying of a deposition by a	21037
person who is authorized to do so in this state, including, but	21038
not limited to, a ~~shorthand~~ reporter, stenographer, or person	21039
described in Civil Rule 28, may be established by that person	21040
subject to the qualification specified in this section, and may be	21041
different than the fees and expenses charged for the taking and	21042
certifying of depositions by similar persons in other areas of	21043
this state. Unless, prior to the taking and certifying of a	21044
deposition, the parties who request it agree that the fees or	21045
expenses to be charged may exceed the usual and customary fees or	21046
expenses charged in the particular community for similar services,	21047
such a person shall not charge fees or expenses in connection with	21048
the taking and certifying of the deposition that exceed those	21049
usual and customary fees and expenses.	21050

The person taking and certifying a deposition may retain the	21051
deposition until the fees and expenses that hethe person charged	21052
are paid. HeThe person also shall tax the costs, if any, of a	21053
sheriff or other officer who serves any process in connection with	21054
the taking of a deposition and the fees of the witnesses, and, if	21055
directed by a person entitled to those costs or fees, may retain	21056
the deposition until those costs or fees are paid.	21057

Sec. 2501.16. (A) Each court of appeals may appoint one or	21058
more official ~~shorthand~~ reporters, law clerks, secretaries, and	21059
any other employees that the court considers necessary for its	21060
efficient operation.	21061

The clerk of the court of common pleas, acting as the clerk	21062
of the court of appeals for the county, shall perform the duties	21063
otherwise performed and collect the fees otherwise collected by	21064
the clerk of the court of common pleas, as set forth in section	21065
2303.03 of the Revised Code, and shall maintain the files and	21066
records of the court. The clerk of the court of common pleas,	21067
acting as the clerk of the court of appeals for the county, may	21068
refuse to accept for filing any pleading or paper submitted for	21069
filing by a person who has been found to be a vexatious litigator	21070
under section 2323.52 of the Revised Code and who has failed to	21071
obtain leave from the court of appeals to proceed under that	21072
section. The overhead expenses pertaining to the office of the	21073
clerk of the court of common pleas that result from the clerk's	21074
acting as clerk of the court of appeals for the county, other than	21075
wages and salaries, shall be paid from the funds provided under	21076
sections 2501.18 and 2501.181 of the Revised Code.	21077

Each officer and employee appointed pursuant to this section	21078
shall take an oath of office, serve at the pleasure of the court,	21079
and perform any duties that the court directs. Each ~~shorthand~~	21080
reporter shall have the powers that are vested in official	21081
~~shorthand~~ reporters of the court of common pleas under sections	21082
2301.18 to 2301.26 of the Revised Code. Whenever an opinion, per	21083
curiam, or report of a case has been prepared in accordance with	21084
section 2503.20 of the Revised Code, the official ~~shorthand~~	21085
reporter immediately shall forward one copy of the opinion, per	21086
curiam, or report to the reporter of the supreme court, without	21087
expense to the reporter.	21088

(B) The court of appeals may determine that, for the	21089
efficient operation of the court, additional funds are necessary	21090
to acquire and pay for special projects of the court, including,	21091
but not limited to, the acquisition of additional facilities or	21092
the rehabilitation of existing facilities, the acquisition of	21093
equipment, the hiring and training of staff, the employment of	21094
magistrates, the training and education of judges, acting judges,	21095
and magistrates, community service programs, and other related	21096
services. Upon that determination, the court by rule may charge a	21097
fee, in addition to all other court costs, on the filing of each	21098
case or cause over which the court has jurisdiction.	21099

If the court of appeals offers a special program or service	21100
in cases of a specific type, the court by rule may assess an	21101
additional charge in a case of that type, over and above court	21102
costs, to cover the special program or service. The court shall	21103
adjust the special assessment periodically, but not retroactively,	21104
so that the amount assessed in those cases does not exceed the	21105
actual cost of providing the service or program.	21106

All moneys collected under division (B) of this section shall	21107
be paid to the county treasurer of the county selected as the	21108
principal seat of that court of appeals for deposit into either a	21109
general special projects fund or a fund established for a specific	21110
special project. Moneys from a fund of that nature shall be	21111
disbursed upon an order of the court in an amount no greater than	21112
the actual cost to the court of a project. If a specific fund is	21113
terminated because of the discontinuance of a program or service	21114
established under division (B) of this section, the court may	21115
order that moneys remaining in the fund be transferred to an	21116
account established under this division for a similar purpose.	21117

Sec. 2501.17. Each officer and employee of a court of	21118
appeals appointed under section 2501.16 of the Revised Code shall	21119
receive the compensation that is fixed by the court of appeals and	21120
payable from the state treasury upon the certificate of the	21121
presiding or administrative judge of the district in which the	21122
officer or employee serves. The additional amount of compensation	21123
that the clerk of the court of common pleas receives for acting as	21124
the clerk of the court of appeals in ~~his~~the clerk's county and	21125
assuming the duties of that office and that is equal to one-eighth	21126
of the annual compensation that hethe clerk receives pursuant to	21127
sections 325.08 and 325.18 of the Revised Code for being the clerk	21128
of the court of common pleas is payable from the state treasury	21129
upon the certificate of the presiding or administrative judge of	21130
the district in which the clerk serves.	21131

~~Shorthand reporters~~Reporters may receive additional	21132
compensation for transcripts of evidence, the fee for the	21133
transcripts to be fixed by the judges of the court of appeals and	21134
paid and collected in the same manner as the fees for transcripts	21135
furnished by official ~~shorthand~~ reporters of the court of common	21136
pleas under section 2301.24 of the Revised Code. ~~Shorthand~~	21137
~~reporters~~Reporters appointed for a term of less than one year	21138
shall receive a per diem compensation of not less than thirty	21139
dollars per day. All ~~shorthand~~ reporters shall receive their	21140
actual expenses for traveling when attending court in any county	21141
other than that in which they reside, to be paid as provided by	21142
section ~~2301.24~~2301.22 of the Revised Code.	21143

Sec. 2743.01. As used in this chapter:

21144

(A) ~~"State"~~Subject to sections 2743.021 and 2743.022 of the	21145
Revised Code, "state" means the state of Ohio, including, but not	21146
limited to, the general assembly, the supreme court, the offices	21147
of all elected state officers, and all departments, boards,	21148
offices, commissions, agencies, institutions, and other	21149
instrumentalities of the state. "State" does not include political	21150
subdivisions.	21151

(B) "Political subdivisions" means municipal corporations,	21152
townships, counties, school districts, and all other bodies	21153
corporate and politic responsible for governmental activities only	21154
in geographic areas smaller than that of the state to which the	21155
sovereign immunity of the state attaches.	21156

(C) "Claim for an award of reparations" or "claim" means a	21157
claim for an award of reparations made under sections 2743.51 to	21158
2743.72 of the Revised Code.	21159

(D) "Award of reparations" or "award" means an award made	21160
under sections 2743.51 to 2743.72 of the Revised Code.	21161

(E)(1) "Public duty" includes, but is not limited to, any	21162
statutory, regulatory, or assumed duty concerning any action or	21163
omission of the state involving any of the following:	21164

(a) Permitting, certifying, licensing, inspecting,	21165
investigating, supervising, regulating, auditing, monitoring, law	21166
enforcement, or emergency response activity;	21167

(b) Supervising, rehabilitating, or liquidating corporations	21168
or other business entities.	21169

(2) "Public duty" does not include any action of the state	21170
under circumstances in which a special relationship can be	21171
established between the state and an injured party as provided in	21172
division (A)(3) of section 2743.02 of the Revised Code.	21173

Sec. 2743.02. (A)(1) The state hereby waives its immunity	21174
from liability, except as provided for the office of the state	21175
fire marshal in division (G)(1) of section 9.60 and division (B)	21176
of section 3737.221 of the Revised Code and subject to division	21177
(H) of this section, and consents to be sued, and have its	21178
liability determined, in the court of claims created in this	21179
chapter in accordance with the same rules of law applicable to	21180
suits between private parties, except that the determination of	21181
liability is subject to the limitations set forth in this chapter	21182
and, in the case of state universities or colleges, in section	21183
3345.40 of the Revised Code, except that the determination of	21184
liability of the department of transportation is subject to	21185
sections 2743.021 and 2743.022 of the Revised Code, and except as	21186
provided in division (A)(2) or (3) of this section. To the extent	21187
that the state has previously consented to be sued, this chapter	21188
has no applicability.	21189

Except in the case of a civil action filed by the state,	21190
filing a civil action in the court of claims results in a complete	21191
waiver of any cause of action, based on the same act or omission,	21192
~~which~~that the filing party has against any officer or employee,	21193
as defined in section 109.36 of the Revised Code. The waiver shall	21194
be void if the court determines that the act or omission was	21195
manifestly outside the scope of the officer's or employee's office	21196
or employment or that the officer or employee acted with malicious	21197
purpose, in bad faith, or in a wanton or reckless manner.	21198

(2) If a claimant proves in the court of claims that an	21199
officer or employee, as defined in section 109.36 of the Revised	21200
Code, would have personal liability for the officer's or	21201
employee's acts or omissions but for the fact that the officer or	21202
employee has personal immunity under section 9.86 of the Revised	21203
Code, the state shall be held liable in the court of claims in any	21204
action that is timely filed pursuant to section 2743.16 of the	21205
Revised Code and that is based upon the acts or omissions.	21206

(3)(a) Except as provided in division (A)(3)(b) of this	21207
section, the state is immune from liability in any civil action or	21208
proceeding involving the performance or nonperformance of a public	21209
duty, including the performance or nonperformance of a public duty	21210
that is owed by the state in relation to any action of an	21211
individual who is committed to the custody of the state.	21212

(b) The state immunity provided in division (A)(3)(a) of this	21213
section does not apply to any action of the state under	21214
circumstances in which a special relationship can be established	21215
between the state and an injured party. A special relationship	21216
under this division is demonstrated if all of the following	21217
elements exist:	21218

(i) An assumption by the state, by means of promises or	21219
actions, of an affirmative duty to act on behalf of the party who	21220
was allegedly injured;	21221

(ii) Knowledge on the part of the state's agents that	21222
inaction of the state could lead to harm;	21223

(iii) Some form of direct contact between the state's agents	21224
and the injured party;	21225

(iv) The injured party's justifiable reliance on the state's	21226
affirmative undertaking.	21227

(B) The state hereby waives the immunity from liability of	21228
all hospitals owned or operated by one or more political	21229
subdivisions and consents for them to be sued, and to have their	21230
liability determined, in the court of common pleas, in accordance	21231
with the same rules of law applicable to suits between private	21232
parties, subject to the limitations set forth in this chapter.	21233
This division is also applicable to hospitals owned or operated by	21234
political subdivisions ~~which~~that have been determined by the	21235
supreme court to be subject to suit prior to July 28, 1975.	21236

(C) Any hospital, as defined in section 2305.113 of the	21237
Revised Code, may purchase liability insurance covering its	21238
operations and activities and its agents, employees, nurses,	21239
interns, residents, staff, and members of the governing board and	21240
committees, and, whether or not such insurance is purchased, may,	21241
to ~~such~~the extent asthat its governing board considers	21242
appropriate, indemnify or agree to indemnify and hold harmless any	21243
such person against expense, including attorney's fees, damage,	21244
loss, or other liability arising out of, or claimed to have arisen	21245
out of, the death, disease, or injury of any person as a result of	21246
the negligence, malpractice, or other action or inaction of the	21247
indemnified person while acting within the scope of the	21248
indemnified person's duties or engaged in activities at the	21249
request or direction, or for the benefit, of the hospital. Any	21250
hospital electing to indemnify ~~such~~those persons, or to agree to	21251
so indemnify, shall reserve ~~such~~any funds asthat are necessary,	21252
in the exercise of sound and prudent actuarial judgment, to cover	21253
the potential expense, fees, damage, loss, or other liability. The	21254
superintendent of insurance may recommend, or, if ~~such~~the	21255
hospital requests the superintendent to do so, the superintendent	21256
shall recommend, a specific amount for any period that, in the	21257
superintendent's opinion, represents such a judgment. This	21258
authority is in addition to any authorization otherwise provided	21259
or permitted by law.	21260

(D) Recoveries against the state shall be reduced by the	21261
aggregate of insurance proceeds, disability award, or other	21262
collateral recovery received by the claimant. This division does	21263
not apply to civil actions in the court of claims against a state	21264
university or college under the circumstances described in section	21265
3345.40 of the Revised Code. The collateral benefits provisions of	21266
division (B)(2) of that section apply under those circumstances.	21267

(E) The only defendant in original actions in the court of	21268
claims is the state. The state may file a third-party complaint or	21269
counterclaim in any civil action, except a civil action for ~~two~~	21270
ten thousand ~~five hundred~~ dollars or less, that is filed in the	21271
court of claims.	21272

(F) A civil action against an officer or employee, as defined	21273
in section 109.36 of the Revised Code, that alleges that the	21274
officer's or employee's conduct was manifestly outside the scope	21275
of the officer's or employee's employment or official	21276
responsibilities, or that the officer or employee acted with	21277
malicious purpose, in bad faith, or in a wanton or reckless manner	21278
shall first be filed against the state in the court of claims,	21279
~~which~~that has exclusive, original jurisdiction to determine,	21280
initially, whether the officer or employee is entitled to personal	21281
immunity under section 9.86 of the Revised Code and whether the	21282
courts of common pleas have jurisdiction over the civil action.	21283
The officer or employee may participate in the immunity	21284
determination proceeding before the court of claims to determine	21285
whether the officer or employee is entitled to personal immunity	21286
under section 9.86 of the Revised Code.	21287

The filing of a claim against an officer or employee under	21288
this division tolls the running of the applicable statute of	21289
limitations until the court of claims determines whether the	21290
officer or employee is entitled to personal immunity under section	21291
9.86 of the Revised Code.	21292

(G) ~~Whenever~~If a claim lies against an officer or employee	21293
who is a member of the Ohio national guard, and the officer or	21294
employee was, at the time of the act or omission complained of,	21295
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	21296
U.S.C. 2671, et seq., ~~then~~ the Federal Tort Claims Act is the	21297
exclusive remedy of the claimant and the state has no liability	21298
under this section.	21299

(H) If an inmate of a state correctional institution has a	21300
claim against the state for the loss of or damage to property and	21301
the amount claimed does not exceed three hundred dollars, before	21302
commencing an action against the state in the court of claims, the	21303
inmate shall file a claim for the loss or damage under the rules	21304
adopted by the director of rehabilitation and correction pursuant	21305
to this division. The inmate shall file the claim within the time	21306
allowed for commencement of a civil action under section 2743.16	21307
of the Revised Code. If the state admits or compromises the claim,	21308
the director shall make payment from a fund designated by the	21309
director for that purpose. If the state denies the claim or does	21310
not compromise the claim at least sixty days prior to expiration	21311
of the time allowed for commencement of a civil action based upon	21312
the loss or damage under section 2743.16 of the Revised Code, the	21313
inmate may commence an action in the court of claims under this	21314
chapter to recover damages for the loss or damage.	21315

The director of rehabilitation and correction shall adopt	21316
rules pursuant to Chapter 119. of the Revised Code to implement	21317
this division.	21318

Sec. 2743.021. (A) As used in this section and section	21319
2743.022 of the Revised Code:	21320

(1)(a) "Governmental function" means a function of the	21321
department of transportation that is specified in division	21322
(A)(1)(b) of this section or that satisfies any of the following:	21323

(i) A function that is imposed upon the state as an	21324
obligation of sovereignty and is performed by the department of	21325
transportation voluntarily or pursuant to legislative requirement;	21326

(ii) A function that is for the common good of all citizens	21327
of the state;	21328

(iii) A function that promotes or preserves the public peace,	21329
health, safety, or welfare and that involves activities that are	21330
not engaged in or not customarily engaged in by nongovernmental	21331
persons.	21332

(b) "Governmental function" includes, but is not limited to,	21333
the following functions insofar as they are within the	21334
jurisdiction of the department of transportation:	21335

(i) The provision or nonprovision of roadway services;

21336

(ii) The regulation of the use of, and the design,	21337
construction, reconstruction, repair, renovation, and maintenance	21338
of roads, highways, streets, avenues, alleys, sidewalks, bridges,	21339
culverts, aqueducts, viaducts, and public grounds;	21340

(iii) Quasi-judicial, prosecutorial, and quasi-legislative	21341
functions, including, but not limited to, permitting functions;	21342

(iv) The design, construction, reconstruction, repair,	21343
renovation, maintenance, and operation of buildings that are used	21344
in connection with the performance of a governmental function,	21345
including, but not limited to, office buildings, garage	21346
facilities, and rest areas;	21347

(v) The enforcement or nonperformance of any law;

21348

(vi) The regulation of traffic and the erection or	21349
nonerection of traffic signs, signals, or control devices;	21350

(vii) The collection and disposal of solid wastes, as defined	21351
in section 3734.01 of the Revised Code;	21352

(viii) The provision or nonprovision, planning or design,	21353
construction, or reconstruction of a public improvement,	21354
including, but not limited to, a sewer system;	21355

(ix) The provision or nonprovision of inspection services of	21356
all types, including, but not limited to, inspections in	21357
connection with building, zoning, sanitation, fire, plumbing, and	21358
electrical codes, and the taking of actions in connection with	21359
those types of codes, including, but not limited to, the approval	21360
of plans for the construction of buildings or structures and the	21361
issuance or revocation of building permits or stop work orders in	21362
connection with buildings or structures;	21363

(x) Flood control measures;

21364

(xi) The issuance of revenue obligations;

21365

(xii) The design, construction, reconstruction, renovation,	21366
repair, maintenance, and operation of any recreational area or	21367
facility incident to a highway improvement;	21368

(xiii) A function that the general assembly requires the	21369
department of transportation to perform, including, but not	21370
limited to, any duties, powers, and functions that are conferred	21371
by law on the department of transportation or the director, the	21372
assistant directors, the deputy directors, or the divisions of the	21373
department under Title LV of the Revised Code.	21374

(2) "Proprietary function" means a function of the department	21375
of transportation that satisfies both of the following:	21376

(a) The function is not one described in division	21377
(A)(1)(a)(i) or (ii) of this section and is not one specified in	21378
division (A)(1)(b) of this section;	21379

(b) The function is one that promotes or preserves the public	21380
peace, health, safety, or welfare and that involves activities	21381
that are customarily engaged in by nongovernmental persons.	21382

(B)(1) Notwithstanding any provision in this chapter, the	21383
liability of the department of transportation for damages in a	21384
civil action for injury, death, or loss to person or property	21385
allegedly caused by any act or omission of the department of	21386
transportation or of any of its officers or employees in	21387
connection with a governmental or proprietary function shall be	21388
determined in accordance with this section and section 2743.022 of	21389
the Revised Code.	21390

(2) Except as provided in division (C) of this section, the	21391
department of transportation is not liable in damages in a civil	21392
action for injury, death, or loss to person or property allegedly	21393
caused by any act or omission of the department of transportation	21394
or of any of its officers or employees in connection with a	21395
governmental or proprietary function.	21396

(C) Subject to section 2743.022 of the Revised Code, the	21397
department of transportation is liable in damages in a civil	21398
action for injury, death, or loss to person or property shown to	21399
be caused by a preponderance of the evidence by any act or	21400
omission of the department of transportation or of any of its	21401
officers or employees in connection with a governmental or	21402
proprietary function, as follows:	21403

(1) The department of transportation is liable for injury,	21404
death, or loss to person or property caused by the negligent	21405
operation of any motor vehicle by any of its officers or employees	21406
while the officer or employee is engaged within the officer's or	21407
employee's scope of employment and authority.	21408

(2) The department of transportation is liable for injury,	21409
death, or loss to person or property caused by the negligent	21410
performance of acts by any of its officers or employees with	21411
respect to proprietary functions of the department of	21412
transportation.	21413

(3)(a) The department of transportation is liable for injury,	21414
death, or loss to person or property caused by its negligent	21415
failure to keep roads or highways under the jurisdiction of the	21416
department in repair and other negligent failure to remove	21417
obstructions from roads or highways under the jurisdiction of the	21418
department.	21419

(b) As used in division (C)(3)(a) of this section, "road" and	21420
"highway" have the same meanings as in section 5501.01 of the	21421
Revised Code but do not include berms, shoulders, rights-of-way,	21422
or traffic control devices unless the traffic control devices are	21423
mandated by the Ohio manual of uniform traffic control devices.	21424

(4) The department of transportation is liable for injury,	21425
death, or loss to person or property that is caused by the	21426
negligence of any of its officers or employees and that occurs	21427
within or on the grounds of, and is due to patent physical defects	21428
within or on the grounds of, buildings that are used in connection	21429
with the performance of a governmental function of the department	21430
of transportation.	21431

(5) In addition to the circumstances described in divisions	21432
(C)(1) to (4) of this section, the department of transportation is	21433
liable for injury, death, or loss to person or property when civil	21434
liability is expressly imposed upon the department of	21435
transportation by a section of the Revised Code. Civil liability	21436
shall not be construed to exist under another section of the	21437
Revised Code merely because that section imposes a responsibility	21438
or mandatory duty upon the department of transportation, because	21439
that section provides for a criminal penalty, because of a general	21440
authorization in that section that the department of	21441
transportation may sue and be sued, or because that section uses	21442
the term "shall" in a provision pertaining to the department of	21443
transportation.	21444

Sec. 2743.022. (A) In a civil action brought against the	21445
department of transportation or an officer or employee of the	21446
department to recover damages for injury, death, or loss to person	21447
or property allegedly caused by any act or omission in connection	21448
with a governmental or proprietary function, the following	21449
defenses or immunities may be asserted to establish nonliability:	21450

(1) The department is immune from liability if the officer or	21451
employee involved was engaged in the performance of a	21452
quasi-judicial, prosecutorial, or quasi-legislative function.	21453

(2) The department is immune from liability if the conduct of	21454
the officer or employee involved, other than negligent conduct,	21455
that gave rise to the claim of liability was required by law or	21456
authorized by law, or if the conduct of the officer or employee	21457
involved that gave rise to the claim of liability was necessary or	21458
essential to the exercise of the powers of the department or the	21459
officer or employee.	21460

(3) The department is immune from liability if the action or	21461
failure to act by the officer or employee involved that gave rise	21462
to the claim of liability was within the discretion of the officer	21463
or employee with respect to policy-making, planning, or	21464
enforcement powers by virtue of the duties and responsibilities of	21465
the office or position of the officer or employee.	21466

(4) The department is immune from liability if the injury,	21467
death, or loss to person or property resulted from the exercise of	21468
judgment or discretion in determining whether to acquire, or how	21469
to use, equipment, supplies, materials, personnel, facilities, and	21470
other resources unless the judgment or discretion was exercised	21471
with malicious purpose, in bad faith, or in a wanton or reckless	21472
manner.	21473

(5) The officer or employee of the department of	21474
transportation is immune from liability unless one of the	21475
following applies:	21476

(a) The officer's or employee's acts or omissions were	21477
manifestly outside the scope of the officer's or employee's	21478
employment or official responsibilities.	21479

(b) The officer's or employee's acts or omissions were with	21480
malicious purpose, in bad faith, or in a wanton or reckless	21481
manner.	21482

(c) Civil liability is expressly imposed upon the officer or	21483
employee by a section of the Revised Code. Civil liability shall	21484
not be construed to exist under another section of the Revised	21485
Code merely because that section imposes a responsibility or	21486
mandatory duty upon an officer or employee, because that section	21487
provides for a criminal penalty, because of a general	21488
authorization in that section that an officer or employee may sue	21489
and be sued, or because the section uses the term "shall" in a	21490
provision pertaining to an officer or employee.	21491

(B) Any immunity or defense conferred upon an officer or	21492
employee of the department of transportation by division (A)(5) of	21493
this section does not affect or limit any liability of the	21494
department of transportation for an act or omission of the officer	21495
or employee as provided in section 2743.021 of the Revised Code.	21496

(C) An order that denies the department of transportation or	21497
an officer or employee of the department the benefit of an alleged	21498
immunity from liability as provided in this section or any other	21499
provision of the law is a final order.	21500

Sec. 2743.09. The clerk of the court of claims shall do all	21501
of the following:	21502

(A) Administer oaths and take and certify affidavits,	21503
depositions, and acknowledgments of powers of attorney and other	21504
instruments in writing;	21505

(B) Prepare the dockets, enter and record the orders,	21506
judgments, decisions, awards, and proceedings of the court of	21507
claims and the court of claims commissioners, and issue writs and	21508
process;	21509

(C) Maintain an office in Franklin county in rooms provided	21510
by the supreme court for that purpose;	21511

(D) Keep an appearance docket of civil actions, claims for an	21512
award of reparations, and appeals from decisions of the court of	21513
claims commissioners. The clerk may refuse to accept for filing	21514
any pleading or paper that relates to a civil action in the court	21515
of claims and that is submitted for filing by a person who has	21516
been found to be a vexatious litigator under section 2323.52 of	21517
the Revised Code and who has failed to obtain leave to proceed	21518
under that section.	21519

Upon the commencement of an action or claim, the clerk shall	21520
assign it a number. This number shall be placed on the first page,	21521
and every continuation page, of the appearance docket that	21522
concerns the particular action or claim. In addition, this number	21523
and the names of the parties shall be placed on the case file, and	21524
every paper filed in the action or claim.	21525

At the time the action is commenced the clerk shall enter in	21526
the appearance docket the names of the parties in full and the	21527
names of counsel and shall index the action alphabetically by the	21528
last name of each party. Thereafter, the clerk shall	21529
chronologically note in the appearance docket all process issued	21530
and returns, pleas, motions, papers filed in the action, orders,	21531
verdicts, and judgments. The notations shall be brief but shall	21532
show the date of filing, substance, and journal volume and page of	21533
each order, verdict, and judgment. An action is commenced for	21534
purposes of this division by the filing of a complaint, including	21535
a form complaint under section 2743.10 of the Revised Code or a	21536
petition for removal.	21537

At the time an appeal for an award of reparations is	21538
commenced, the clerk shall enter the full names of the claimant,	21539
the victim, and the attorneys in the appearance docket and shall	21540
index the claim alphabetically by the last name of the claimant	21541
and the victim. Thereafter, the clerk shall chronologically note	21542
in the appearance docket all process issued and returns, motions,	21543
papers filed in the claim, orders, decisions, and awards. The	21544
notations shall be brief but shall show the date of filing,	21545
substance, and journal volume and page of each order.	21546

(E) Keep all original papers filed in an action or claim in a	21547
separate file folder and a journal in which all orders, verdicts,	21548
and judgments of the court and commissioners shall be recorded;	21549

(F) Charge and collect fees pursuant to section 2303.20 of	21550
the Revised Code, keep a cashbook in which the clerk shall enter	21551
the amounts received, make a report to the clerk of the supreme	21552
court each quarter of the fees received during the preceding	21553
quarter, and pay them monthly into the state treasury;	21554

(G) Appoint ~~stenographers, shorthand~~ reporters, and other	21555
clerical personnel;	21556

(H) Under the direction of the chief justice, establish	21557
procedures for hearing and determining appeals for an award of	21558
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	21559
Code.	21560

Sec. 2743.10. (A) Civil actions against the state for ~~two~~	21561
ten thousand ~~five hundred~~ dollars or less shall be determined	21562
administratively by the clerk of the court of claims, except that	21563
the clerk is not required to administratively determine a civil	21564
action of that nature if the civil action was commenced by a	21565
person who has been found to be a vexatious litigator under	21566
section 2323.52 of the Revised Code and who has failed to obtain	21567
leave to proceed under that section and if the clerk refused	21568
pursuant to division (D) of section 2743.09 of the Revised Code to	21569
accept for filing any pleading or paper that relates to the civil	21570
action and that was submitted for filing by that person and except	21571
that all civil actions against the state that have been removed to	21572
the court of claims shall be heard and determined by a judge of	21573
the court of claims.	21574

(B) Civil actions covered by division (A) of this section	21575
shall be commenced by filing with the clerk on complaint forms	21576
prescribed by the supreme court. The clerk shall forward copies of	21577
the form complaint to the attorney general and the state	21578
department, board, office, commission, agency, institution, or	21579
other instrumentality whose actions or failure to act are the	21580
subject of complaint. The latter shall investigate the allegations	21581
made in the form complaint and report the results of its	21582
investigation to the clerk within sixty days of receipt of a copy	21583
of the form complaint. The clerk shall forward a copy of the	21584
report to the claimant and give the claimant an opportunity to	21585
respond to the report either in writing or by appearing before the	21586
clerk.	21587

(C) The clerk shall determine the civil action covered by	21588
division (A) of this section and make a report of the decision,	21589
together with findings of fact and conclusions of law, copies of	21590
which shall be mailed to the claimant and the state	21591
instrumentality. Except as otherwise provided in this division,	21592
the determination shall be based upon principles of law applicable	21593
in the court of claims, including, but not limited to, section	21594
3345.40 of the Revised Code if a state university or college is a	21595
defendant in the court of claims.	21596

Rules of evidence shall not be applicable in the	21597
determination. Procedures shall be governed by rules promulgated	21598
by the clerk, shall be informal, and shall be designed to	21599
accommodate persons who are not skilled in the law.	21600

(D) Upon the motion of a party, the court of claims shall	21601
review the determination of the clerk upon the clerk's report and	21602
papers filed in the action and shall enter judgment consistent	21603
with its findings. The judgment shall not be the subject of	21604
further appeal. No civil action arising out of the same	21605
transaction or set of facts may be commenced by the claimant in	21606
the court of claims.	21607

(E) The determination of the clerk pursuant to division (C)	21608
of this section shall be processed pursuant to section 2743.19 of	21609
the Revised Code as if it were a judgment.	21610

Sec. 2743.48. (A) As used in this section and section	21611
2743.49 of the Revised Code, a "wrongfully imprisoned individual"	21612
means an individual who satisfies each of the following:	21613

(1) The individual was charged with a violation of a section	21614
of the Revised Code by an indictment or information ~~prior to, or~~	21615
~~on or after, September 24, 1986~~, and the violation charged was an	21616
aggravated felony or felony.	21617

(2) The individual was found guilty of~~, but did not plead~~	21618
~~guilty to,~~ the particular charge or a lesser-included offense by	21619
the court or jury involved, the offender did not plead guilty to	21620
the particular charge or a lesser-included offense, whether or not	21621
the guilty plea was accepted or invalidated by the court, and the	21622
offense of which the individual was found guilty was an aggravated	21623
felony or felony.	21624

(3) The individual was sentenced to an indefinite or definite	21625
term of imprisonment in a state correctional institution for the	21626
offense of which the individual was found guilty.	21627

(4) The individual's conviction was vacated or was dismissed,	21628
or reversed on appeal, the prosecuting attorney in the case cannot	21629
or will not seek any further appeal of right or upon leave of	21630
court, and no criminal proceeding is pending, can be brought, or	21631
will be brought by any prosecuting attorney, city director of law,	21632
village solicitor, or other chief legal officer of a municipal	21633
corporation against the individual for any act associated with	21634
that conviction.	21635

(5) Subsequent to sentencing and during or subsequent to	21636
imprisonment, ~~an error in procedure resulted in the individual's~~	21637
~~release, or~~ it was determined by athe court of common pleas	21638
associated with the individual's conviction that the offense of	21639
~~which the individual was found guilty~~, including all	21640
lesser-included offenses, either was not committed by the	21641
individual or was not committed by any person.	21642

(B)(1) ~~When a~~A person may file a civil action to be declared	21643
a wrongfully imprisoned individual in the court of common pleas	21644
associated with the person's conviction. That civil action shall	21645
be separate from the underlying finding of guilt by that court of	21646
common pleas. There is no right to a jury trial in that action.	21647
The prosecuting attorney of that county shall be served with a	21648
copy of the complaint and shall defend all civil actions to	21649
determine a person to be a wrongfully imprisoned individual under	21650
this section. Upon the filing of a civil action to be determined a	21651
wrongfully imprisoned individual, the attorney general shall also	21652
be served with a copy of the complaint and shall be heard.	21653

(2) Before a person may be determined to be a wrongfully	21654
imprisoned individual, the person shall prove to the court of	21655
common pleas associated with the person's conviction that at the	21656
time of the offense the person was not engaging in any other	21657
criminal conduct arising out of that offense.	21658

(3) When the court of common pleas associated with the	21659
person's conviction determines~~, on or after September 24, 1986,~~in	21660
a separate civil action that a person is a wrongfully imprisoned	21661
individual, the court shall provide the person with a copy of this	21662
section and orally inform the person and the person's attorney of	21663
the person's rights under this section to commence a civil action	21664
against the state in the court of claims because of the person's	21665
wrongful imprisonment ~~and to be represented in that civil action~~	21666
~~by counsel of the person's own choice~~.	21667

~~(2)~~(4) The court described in division (B)~~(1)~~(3) of this	21668
section shall notify the clerk of the court of claims, in writing	21669
and within seven days after the date of the entry of its	21670
determination that the person is a wrongfully imprisoned	21671
individual, of the name and proposed mailing address of the person	21672
and of the fact that the person has the rights to commence a civil	21673
action and to have legal representation as provided in this	21674
section. The clerk of the court of claims shall maintain in the	21675
clerk's office a list of wrongfully imprisoned individuals for	21676
whom notices are received under this section and shall create	21677
files in the clerk's office for each such individual.	21678

~~(3)~~(5) Within sixty days after the date of the ~~entry of a~~	21679
~~court of common plea's determination that a person is a wrongfully~~	21680
~~imprisoned individual~~filing of the complaint for damages in the	21681
court of claims and the finding by the court of claims of the	21682
number of days of wrongful imprisonment in a state correctional	21683
institution, the clerk of the court of claims shall forward a	21684
preliminary judgment to the president of the controlling board	21685
requesting the payment of fifty per cent of the amount described	21686
in division (E)(2)(b) of this section to the wrongfully imprisoned	21687
individual. The board shall take all actions necessary to cause	21688
the payment of that amount out of the emergency purposes special	21689
purpose account of the board.	21690

(6) If an individual was serving at the time of the wrongful	21691
imprisonment concurrent sentences on other convictions that were	21692
not vacated, dismissed, or reversed on appeal, the individual is	21693
not eligible for compensation as described in this section for any	21694
portion of that wrongful imprisonment that occurred during a	21695
concurrent sentence of that nature.	21696

(C)~~(1) In a civil action under this section, a wrongfully~~	21697
~~imprisoned individual has the right to have counsel of the~~	21698
~~individual's own choice.~~	21699

~~(2)~~ If a wrongfully imprisoned individual who is the subject	21700
of a court determination as described in division (B)~~(1)~~(3) of	21701
this section does not commence a civil action under this section	21702
within six months after the entry of that determination, the clerk	21703
of the court of claims shall send a letter to the wrongfully	21704
imprisoned individual, at the address set forth in the notice	21705
received from the court of common pleas pursuant to division	21706
(B)~~(2)~~(4) of this section or to any later address provided by the	21707
wrongfully imprisoned individual, that reminds the wrongfully	21708
imprisoned individual of the wrongfully imprisoned individual's	21709
rights under this section. Until the statute of limitations	21710
provided in division (H) of this section expires and unless the	21711
wrongfully imprisoned individual commences a civil action under	21712
this section, the clerk of the court of claims shall send a	21713
similar letter in a similar manner to the wrongfully imprisoned	21714
individual at least once each three months after the sending of	21715
the first reminder.	21716

(D) Notwithstanding any provisions of this chapter to the	21717
contrary, a wrongfully imprisoned individual has and may file a	21718
civil action against the state, in the court of claims, to recover	21719
a sum of money as described in this section, because of the	21720
individual's wrongful imprisonment. The court of claims shall have	21721
exclusive, original jurisdiction over such a civil action. The	21722
civil action shall proceed, be heard, and be determined as	21723
provided in sections 2743.01 to 2743.20 of the Revised Code,	21724
except that if a provision of this section conflicts with a	21725
provision in any of those sections, the provision in this section	21726
controls.	21727

(E)(1) In a civil action as described in division (D) of this	21728
section, the complainant may establish that the claimant is a	21729
wrongfully imprisoned individual by submitting to the court of	21730
claims a certified copy of the judgment entry of the court of	21731
common pleas associated with the claimant's conviction and	21732
sentencing, and a certified copy of the entry of the determination	21733
of athat court of common pleas that the claimant is a wrongfully	21734
imprisoned individual. No other evidence shall be required of the	21735
complainant to establish that the claimant is a wrongfully	21736
imprisoned individual, and the claimant shall be ~~irrebuttably~~	21737
rebuttably presumed to be a wrongfully imprisoned individual	21738
absent a violation of any provision of this section or of section	21739
2305.02 of the Revised Code.	21740

(2) In a civil action as described in division (D) of this	21741
section, upon presentation of requisite proof to the court of	21742
claims, a wrongfully imprisoned individual is entitled to receive	21743
a sum of money that equals the total of each of the following	21744
amounts:	21745

(a) The amount of any fine or court costs imposed and paid,	21746
and the reasonable attorney's fees and other expenses incurred by	21747
the wrongfully imprisoned individual in connection with all	21748
associated criminal proceedings and appeals, and, if applicable,	21749
in connection with obtaining the wrongfully imprisoned	21750
individual's discharge from confinement in the state correctional	21751
institution;	21752

(b) For each full year of imprisonment in the state	21753
correctional institution for the offense of which the wrongfully	21754
imprisoned individual was found guilty, forty thousand three	21755
hundred thirty dollars or the adjusted amount determined by the	21756
auditor of state pursuant to section 2743.49 of the Revised Code,	21757
and for each part of a year of being so imprisoned, a pro-rated	21758
share of forty thousand three hundred thirty dollars or the	21759
adjusted amount determined by the auditor of state pursuant to	21760
section 2743.49 of the Revised Code;	21761

(c) Any loss of wages, salary, or other earned income that	21762
directly resulted from the wrongfully imprisoned individual's	21763
arrest, prosecution, conviction, and wrongful imprisonment;	21764

(d) The amount of the following cost debts the department of	21765
rehabilitation and correction recovered from the wrongfully	21766
imprisoned individual who was in custody of the department or	21767
under the department's supervision:	21768

(i) Any user fee or copayment for services at a detention	21769
facility, including, but not limited to, a fee or copayment for	21770
sick call visits;	21771

(ii) The cost of housing and feeding the wrongfully	21772
imprisoned individual in a detention facility;	21773

(iii) The cost of supervision of the wrongfully imprisoned	21774
individual;	21775

(iv) The cost of any ancillary services provided to the	21776
wrongfully imprisoned individual.	21777

(3) The court of claims shall deduct any known debts owed by	21778
the wrongfully imprisoned individual to the state as described in	21779
division (A) of section 2743.01 of the Revised Code or a political	21780
subdivision under division (B) of section 2743.01 of the Revised	21781
Code from the sum of money described in division (E)(2) of this	21782
section, and those deducted amounts shall be paid to the state or	21783
political subdivision, whichever is applicable.	21784

(F)(1) If the court of claims determines in a civil action as	21785
described in division (D) of this section that the complainant is	21786
a wrongfully imprisoned individual, it shall enter judgment for	21787
the wrongfully imprisoned individual in the amount of the sum of	21788
money to which the wrongfully imprisoned individual is entitled	21789
under division (E)(2) of this section. In determining that sum,	21790
the court of claims shall not take into consideration any expenses	21791
incurred by the state or any of its political subdivisions in	21792
connection with the arrest, prosecution, and imprisonment of the	21793
wrongfully imprisoned individual, including, but not limited to,	21794
expenses for food, clothing, shelter, and medical services. The	21795
court shall reduce that sum by the amount of the payment to the	21796
wrongfully imprisoned individual described in ~~division~~divisions	21797
(B)~~(3)~~(5) and (E)(3) of this section.	21798

(2) ~~If the wrongfully imprisoned individual was represented~~	21799
~~in the civil action under this section by counsel of the~~	21800
~~wrongfully imprisoned individual's own choice, the~~The clerk of	21801
the court of claims shall include in the judgment entry referred	21802
to in division (F)(1) of this section an award for the payment of	21803
the court costs, transcripts, expert witness fees, and other	21804
reasonable ~~attorney's fees of that counsel~~out-of-pocket	21805
litigation expenses related to the civil action described in	21806
division (D) of this section. These fees shall be paid as provided	21807
in division (G) of this section.	21808

(3) The state consents to be sued by a wrongfully imprisoned	21809
individual because the imprisonment was wrongful, and to liability	21810
on its part because of that fact, only as provided in this	21811
section. However, this section does not affect any liability of	21812
the state or of its employees to a wrongfully imprisoned	21813
individual on a claim for relief that is not based on the fact of	21814
the wrongful imprisonment, including, but not limited to, a claim	21815
for relief that arises out of circumstances occurring during the	21816
wrongfully imprisoned individual's confinement in the state	21817
correctional institution.	21818

(G) The clerk of the court of claims shall forward a	21819
certified copy of a judgment under division (F) of this section to	21820
the president of the controlling board. The board shall take all	21821
actions necessary to cause the payment of the judgment out of the	21822
emergency purposes special purpose account of the board.	21823

(H) To be eligible to recover a sum of money as described in	21824
this section because of wrongful imprisonment, aall of the	21825
following shall apply to a wrongfully imprisoned individual:	21826

(1) The wrongfully imprisoned individual shall not have been,	21827
prior to September 24, 1986, the subject of an act of the general	21828
assembly that authorized an award of compensation for the wrongful	21829
imprisonment or have been the subject of an action before the	21830
former sundry claims board that resulted in an award of	21831
compensation for the wrongful imprisonment. ~~Additionally, to be~~	21832
~~eligible to so recover, the~~	21833

(2) The wrongfully imprisoned individual shall commence a	21834
civil action under this section in the court of claims no later	21835
than two years after the date of the entry of the determination of	21836
athe court of common pleas associated with the individual's	21837
conviction that the individual is a wrongfully imprisoned	21838
individual.	21839

(3) The wrongfully imprisoned individual shall not have been	21840
convicted of a felony, other than the felony that is the subject	21841
of the action under this section, or a misdemeanor offense of	21842
violence within ten years prior to the filing of the civil action	21843
to be determined to be a wrongfully imprisoned individual by the	21844
court of common pleas associated with the individual's conviction	21845
or be convicted of a felony during the pendency of that action or	21846
the action in the court of claims under this section.	21847

Sec. 2746.01. A court of record of this state shall tax as	21848
costs or otherwise require the payment of fees for the following	21849
services rendered or as compensation for the following persons or	21850
any other of the following fees that are applicable in a	21851
particular case:	21852

(A) Appraisers, commissioners, or arbitrators appointed to	21853
make or procure an appraisement or valuation of any property, as	21854
provided in section 2335.02 of the Revised Code;	21855

(B) Auctioneers appointed to conduct any public auction of	21856
goods, chattels, or lands required to be sold by an officer of the	21857
court, as provided in section 2335.021 of the Revised Code;	21858

(C) Commissioners appointed to make partition of lands or to	21859
assign dower and appraisers of real or personal property on	21860
execution, replevin, or attachment or to fix the value of exempt	21861
property, as provided in section 2335.01 of the Revised Code;	21862

(D) Deposit of rent with the clerk of court by a resident of	21863
a manufactured home park, as provided in section ~~3733.121~~4781.42	21864
of the Revised Code, or by a tenant of residential premises, as	21865
provided in section 5321.08 of the Revised Code;	21866

(E) Interpreters, as provided in section 2335.09 of the	21867
Revised Code;	21868

(F) Fees in a civil action or appeal commenced by an inmate	21869
against a government entity or employee, as provided in section	21870
2969.22 of the Revised Code;	21871

(G) Procurement of a transcript of a judgment or proceeding	21872
or exemplification of a record in an appeal or other civil action,	21873
as provided in section 2303.21 of the Revised Code;	21874

(H) Publication of an advertisement, notice, or proclamation	21875
required to be published by a trustee, assignee, executor,	21876
administrator, receiver, or other officer of the court or a party	21877
in a case or proceeding, as provided in section 7.13 of the	21878
Revised Code;	21879

(I) Publication of calendars, motion dockets, legal	21880
advertisements, and notices, the fees for which are not fixed by	21881
law, as provided in section 2701.09 of the Revised Code;	21882

(J) Sheriffs, as provided in section 311.17 of the Revised	21883
Code;	21884

(K) Township constables or members of the police force of a	21885
township police district or joint police district, as provided in	21886
section 509.15 of the Revised Code;	21887

(L) Witnesses, as follows:

21888

(1) Fees and mileage in civil cases, as provided in section	21889
2335.06 of the Revised Code;	21890

(2) Fees and mileage in criminal cases, as provided in	21891
section 2335.08 of the Revised Code;	21892

(3) Fees in all cases or proceedings not specified in	21893
sections 2335.06 and 2335.08 of the Revised Code, as provided in	21894
section 2335.05 of the Revised Code;	21895

(4) Fees of municipal police officers in state felony cases,	21896
as provided in section 2335.17 of the Revised Code;	21897

(5) Fees in arbitration proceedings, as provided in section	21898
2711.06 of the Revised Code.	21899

(M) In an action to abate a nuisance or to enforce a local	21900
code relating to buildings, the expenses of operating and	21901
conserving the building, as provided in section 3767.41 of the	21902
Revised Code.	21903

Sec. 2746.03. In addition to any applicable fees or costs	21904
set forth in sections 2746.01 and 2746.02 of the Revised Code or	21905
any other applicable provision of law, the supreme court, a court	21906
of appeals, or the court of claims shall tax as costs or otherwise	21907
require the payment of fees for the following services rendered or	21908
as compensation for the following persons or any other of the	21909
following fees that are applicable in a particular case:	21910

(A) In the supreme court, filing fees, as provided in section	21911
2503.17 of the Revised Code;	21912

(B) In a court of appeals:

21913

(1) Fees collectible by the clerk of a court of common pleas	21914
when acting as the clerk of the court of appeals of the county, as	21915
provided in section 2303.03 of the Revised Code;	21916

(2) Additional filing fees or charges for special projects,	21917
programs, or services, as provided in section 2501.16 of the	21918
Revised Code;	21919

(3) Sheriffs or other officers who serve process, as provided	21920
in section 2501.19 of the Revised Code;	21921

(4) ~~Shorthand reporters~~Reporters, as provided in section	21922
2501.17 of the Revised Code;	21923

(5) The expense of preparing and transcribing the record in	21924
an appeal to the tenth district court of appeals from a ruling of	21925
the director of health under the certificate of need program, as	21926
provided in section 3702.60 of the Revised Code.	21927

21928

(1) The fees provided for in section 2743.09 of the Revised	21929
Code;	21930

(2) Witness fees and mileage, as provided in section 2743.06	21931
of the Revised Code.	21932

Sec. 2746.04. In addition to any applicable fees or costs	21933
set forth in sections 2746.01 and 2746.02 of the Revised Code or	21934
any other applicable provision of law, a court of common pleas	21935
shall tax as costs or otherwise require the payment of fees for	21936
the following services rendered or as compensation for the	21937
following persons or any other of the following fees that are	21938
applicable in a particular case:	21939

(A) The fees provided for in section 2303.20 of the Revised	21940
Code;	21941

(B) Additional fees to computerize the court, make available	21942
computerized legal research services, computerize the office of	21943
the clerk of the court, provide financial assistance to legal aid	21944
societies, support the office of the state public defender, fund	21945
shelters for victims of domestic violence, and special projects of	21946
the court, as provided in section 2303.201 and, for a court that	21947
has a domestic relations division, section 2301.031 of the Revised	21948
Code;	21949

(C) Filing for a divorce decree under section 3105.10 or a	21950
decree of dissolution under section 3105.65 of the Revised Code,	21951
as provided in section 3109.14 of the Revised Code;	21952

(D) Filing of a foreign judgment pursuant to section 2329.022	21953
of the Revised Code, as provided in section 2329.025 of the	21954
Revised Code;	21955

(E) Interpreters, as provided in section 2301.14 of the	21956
Revised Code;	21957

(F) Jurors in civil actions, as provided in section 2335.28	21958
of the Revised Code;	21959

(G) ~~Shorthand reporters~~Reporters, as provided in sections	21960
2301.21 and 2301.24 of the Revised Code;	21961

(H) In a case involving the operation by a nonresident of a	21962
vessel upon the waters in this state, or the operation on the	21963
waters in this state of a vessel owned by a nonresident if	21964
operated with his consent, actual traveling expenses of the	21965
defendant, as provided in section 1547.36 of the Revised Code;	21966

(I) In a civil case, the expenses of taking a deposition of a	21967
person who is imprisoned in a workhouse, juvenile detention	21968
facility, jail, or state correctional institution within this	21969
state, or who is in the custody of the department of youth	21970
services, as provided in section 2317.06 of the Revised Code;	21971

(J) In proceedings relating to the examination of a judgment	21972
debtor under sections 2333.09 to 2333.27 of the Revised Code,	21973
compensation for clerks, sheriffs, referees, receivers, and	21974
witnesses, as provided in section 2333.27 of the Revised Code;	21975

(K) In an appeal from an order of an agency issued pursuant	21976
to an adjudication under section 119.12 of the Revised Code, the	21977
expense of preparing and transcribing the record;	21978

(L) In a case in which the court issues a protection order	21979
upon a petition alleging that the respondent engaged in domestic	21980
violence against a family or household member, the cost of	21981
supervision of the respondent's exercise of parenting time,	21982
visitation, or companionship rights, as provided in section	21983
3113.31 of the Revised Code;	21984

(M) Upon a petition to have a person involuntarily	21985
institutionalized, the costs of appointed counsel for the	21986
respondent at a full hearing, as provided in section 5123.76 of	21987
the Revised Code;	21988

(N) In a case before the domestic relations division of the	21989
Hamilton county court of common pleas, the expense of serving a	21990
summons, warrant, citation, subpoena, or other writ issued to an	21991
officer other than a bailiff, constable, or staff investigator of	21992
the division, as provided in section 2301.03 of the Revised Code.	21993

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	21994
Revised Code:	21995

(A) "Care facility" means any of the following:

21996

(1) Any "home" as defined in section 3721.10 or 5111.20 of	21997
the Revised Code;	21998

(2) Any "residential facility" as defined in section 5123.19	21999
of the Revised Code;	22000

(3) Any institution or facility operated or provided by the	22001
department of mental health or by the department of developmental	22002
disabilities pursuant to sections 5119.02 and 5123.03 of the	22003
Revised Code;	22004

(4) Any "residential facility" as defined in section 5119.22	22005
of the Revised Code;	22006

(5) Any unit of any hospital, as defined in section 3701.01	22007
of the Revised Code, that provides the same services as a nursing	22008
home, as defined in section 3721.01 of the Revised Code;	22009

(6) Any institution, residence, or facility that provides,	22010
for a period of more than twenty-four hours, whether for a	22011
consideration or not, accommodations to one individual or two	22012
unrelated individuals who are dependent upon the services of	22013
others;	22014

(7) ~~Any "adult care facility" as defined in section 5119.70~~	22015
~~of the Revised Code;~~	22016

~~(8)~~ Any adult foster home certified under section 5119.692 of	22017
the Revised Code.	22018

(B) "Abuse" means knowingly causing physical harm or	22019
recklessly causing serious physical harm to a person by physical	22020
contact with the person or by the inappropriate use of a physical	22021
or chemical restraint, medication, or isolation on the person.	22022

(C)(1) "Gross neglect" means knowingly failing to provide a	22023
person with any treatment, care, goods, or service that is	22024
necessary to maintain the health or safety of the person when the	22025
failure results in physical harm or serious physical harm to the	22026
person.	22027

(2) "Neglect" means recklessly failing to provide a person	22028
with any treatment, care, goods, or service that is necessary to	22029
maintain the health or safety of the person when the failure	22030
results in serious physical harm to the person.	22031

(D) "Inappropriate use of a physical or chemical restraint,	22032
medication, or isolation" means the use of physical or chemical	22033
restraint, medication, or isolation as punishment, for staff	22034
convenience, excessively, as a substitute for treatment, or in	22035
quantities that preclude habilitation and treatment.	22036

Sec. 2907.27. (A)(1) If a person is charged with a violation	22037
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	22038
2907.25 of the Revised Code or with a violation of a municipal	22039
ordinance that is substantially equivalent to any of those	22040
sections, the arresting authorities or a court, upon the request	22041
of the prosecutor in the case or upon the request of the victim	22042
and not later than forty-eight hours after the date on which the	22043
complaint, information, or indictment is filed against the	22044
accused, shall cause the accused to submit to one or more	22045
appropriate tests to determine if the accused is suffering from a	22046
venereal disease.	22047

(2) If the accused is found to be suffering from a venereal	22048
disease in an infectious stage, the accused shall be required to	22049
submit to medical treatment for that disease. The cost of the	22050
medical treatment shall be charged to and paid by the accused who	22051
undergoes the treatment. If the accused is indigent, the court	22052
shall order the accused to report to a facility operated by a city	22053
health district or a general health district for treatment. If the	22054
accused is convicted of or pleads guilty to the offense with which	22055
the accused is charged and is placed under a community control	22056
sanction, a condition of community control shall be that the	22057
offender submit to and faithfully follow a course of medical	22058
treatment for the venereal disease. If the offender does not seek	22059
the required medical treatment, the court may revoke the	22060
offender's community control and order the offender to undergo	22061
medical treatment during the period of the offender's	22062
incarceration and to pay the cost of that treatment.	22063

(B)(1)(a) If a person is charged with a violation of division	22064
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,	22065
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised	22066
Code or with a violation of a municipal ordinance that is	22067
substantially equivalent to that division or any of those	22068
sections, the court, upon the request of the prosecutor in the	22069
case, upon the request of the victim, or upon the request of any	22070
other person whom the court reasonably believes had contact with	22071
the accused in circumstances related to the violation that could	22072
have resulted in the transmission to that person the human	22073
immunodeficiency virus, shall cause the accused to submit to one	22074
or more tests designated by the director of health under section	22075
3701.241 of the Revised Code to determine if the accused is	22076
infected with HIV. The court, upon the request of the prosecutor	22077
in the case, upon the request of the victim with the agreement of	22078
the prosecutor, or upon the request of any other person with the	22079
agreement of the prosecutor, may cause an accused who is charged	22080
with a violation of any other section of the Revised Code or with	22081
a violation of any other municipal ordinance to submit to one or	22082
more tests so designated by the director of health if the	22083
circumstances of the violation indicate probable cause to believe	22084
that the accused, if the accused is infected with HIV, might have	22085
transmitted HIV to any of the following persons in committing the	22086
violation:	22087

(i) In relation to a request made by the prosecuting	22088
attorney, to the victim or to any other person;	22089

(ii) In relation to a request made by the victim, to the	22090
victim making the request;	22091

(iii) In relation to a request made by any other person, to	22092
the person making the request.	22093

(b) The results of a test performed under division (B)(1)(a)	22094
of this section shall be communicated in confidence to the court,	22095
and the court shall inform the accused of the result. The court	22096
shall inform the victim that the test was performed and that the	22097
victim has a right to receive the results on request. If the test	22098
was performed upon the request of a person other than the	22099
prosecutor in the case and other than the victim, the court shall	22100
inform the person who made the request that the test was performed	22101
and that the person has a right to receive the results upon	22102
request. Additionally, regardless of who made the request that was	22103
the basis of the test being performed, if the court reasonably	22104
believes that, in circumstances related to the violation, a person	22105
other than the victim had contact with the accused that could have	22106
resulted in the transmission of HIV to that person, the court may	22107
inform that person that the test was performed and that the person	22108
has a right to receive the results of the test on request. If the	22109
accused tests positive for HIV, the test results shall be reported	22110
to the department of health in accordance with section 3701.24 of	22111
the Revised Code and to the sheriff, head of the state	22112
correctional institution, or other person in charge of any jail or	22113
prison in which the accused is incarcerated. If the accused tests	22114
positive for HIV and the accused was charged with, and was	22115
convicted of or pleaded guilty to, a violation of section 2907.24,	22116
2907.241, or 2907.25 of the Revised Code or a violation of a	22117
municipal ordinance that is substantially equivalent to any of	22118
those sections, the test results also shall be reported to the law	22119
enforcement agency that arrested the accused, and the law	22120
enforcement agency may use the test results as the basis for any	22121
future charge of a violation of division (B) of any of those	22122
sections or a violation of a municipal ordinance that is	22123
substantially equivalent to division (B) of any of those sections.	22124
No other disclosure of the test results or the fact that a test	22125
was performed shall be made, other than as evidence in a grand	22126
jury proceeding or as evidence in a judicial proceeding in	22127
accordance with the Rules of Evidence. If the test result is	22128
negative, and the charge has not been dismissed or if the accused	22129
has been convicted of the charge or a different offense arising	22130
out of the same circumstances as the offense charged, the court	22131
shall order that the test be repeated not earlier than three	22132
months nor later than six months after the original test.	22133

(2) If an accused who is free on bond refuses to submit to a	22134
test ordered by the court pursuant to division (B)(1) of this	22135
section, the court may order that the accused's bond be revoked	22136
and that the accused be incarcerated until the test is performed.	22137
If an accused who is incarcerated refuses to submit to a test	22138
ordered by the court pursuant to division (B)(1) of this section,	22139
the court shall order the person in charge of the jail or prison	22140
in which the accused is incarcerated to take any action necessary	22141
to facilitate the performance of the test, including the forcible	22142
restraint of the accused for the purpose of drawing blood to be	22143
used in the test.	22144

(3) A state agency, a political subdivision of the state, or	22145
an employee of a state agency or of a political subdivision of the	22146
state is immune from liability in a civil action to recover	22147
damages for injury, death, or loss to person or property allegedly	22148
caused by any act or omission in connection with the performance	22149
of the duties required under division (B)(2) of this section	22150
unless the acts or omissions are with malicious purpose, in bad	22151
faith, or in a wanton or reckless manner.	22152

22153

(1) "Community control sanction" has the same meaning as in	22154
section 2929.01 of the Revised Code.	22155

(2) "HIV" means the human immunodeficiency virus.

22156

Sec. 2907.29. Every hospital of this state that offers	22157
organized emergency services shall provide that a physician, a	22158
physician assistant, a clinical nurse specialist, a certified	22159
nurse practitioner, or a certified nurse-midwife is available on	22160
call twenty-four hours each day for the examination of persons	22161
reported to any law enforcement agency to be victims of sexual	22162
offenses cognizable as violations of any provision of sections	22163
2907.02 to 2907.06 of the Revised Code. The physician, physician	22164
assistant, clinical nurse specialist, certified nurse	22165
practitioner, or certified nurse-midwife, upon the request of any	22166
peace officer or prosecuting attorney and with the consent of the	22167
reported victim or upon the request of the reported victim, shall	22168
examine the person for the purposes of gathering physical evidence	22169
and shall complete any written documentation of the physical	22170
examination. The ~~public~~director of health ~~council~~ shall establish	22171
procedures for gathering evidence under this section.	22172

Each reported victim shall be informed of available venereal	22173
disease, pregnancy, medical, and psychiatric services.	22174

Notwithstanding any other provision of law, a minor may	22175
consent to examination under this section. The consent is not	22176
subject to disaffirmance because of minority, and consent of the	22177
parent, parents, or guardian of the minor is not required for an	22178
examination under this section. However, the hospital shall give	22179
written notice to the parent, parents, or guardian of a minor that	22180
an examination under this section has taken place. The parent,	22181
parents, or guardian of a minor giving consent under this section	22182
are not liable for payment for any services provided under this	22183
section without their consent.	22184

Sec. 2909.21. As used in sections 2909.21 to ~~2909.34~~2909.31	22185
of the Revised Code:	22186

(A) "Act of terrorism" means an act that is committed within	22187
or outside the territorial jurisdiction of this state or the	22188
United States, that constitutes a specified offense if committed	22189
in this state or constitutes an offense in any jurisdiction within	22190
or outside the territorial jurisdiction of the United States	22191
containing all of the essential elements of a specified offense,	22192
and that is intended to do one or more of the following:	22193

(1) Intimidate or coerce a civilian population;

22194

(2) Influence the policy of any government by intimidation or	22195
coercion;	22196

(3) Affect the conduct of any government by the act that	22197
constitutes the offense.	22198

(B) "Biological agent," "delivery system," "toxin," and	22199
"vector" have the same meanings as in section 2917.33 of the	22200
Revised Code.	22201

(C) "Biological weapon" means any biological agent, toxin,	22202
vector, or delivery system or combination of any biological agent	22203
or agents, any toxin or toxins, any vector or vectors, and any	22204
delivery system or systems.	22205

(D) "Chemical weapon" means any one or more of the following:

22206

(1) Any toxic chemical or precursor of a toxic chemical that	22207
is listed in Schedule 1, Schedule 2, or Schedule 3 of the	22208
international "Convention on the Prohibition of the Development,	22209
Production, Stockpiling and Use of Chemical Weapons and on their	22210
Destruction (CWC)," as entered into force on April 29, 1997;	22211

(2) A device specifically designed to cause death or other	22212
harm through the toxic properties of a toxic chemical or precursor	22213
identified in division (D)(1) of this section that would be	22214
created or released as a result of the employment of that device;	22215

(3) Any equipment specifically designed for use directly in	22216
connection with the employment of devices identified in division	22217
(D)(2) of this section.	22218

(E) "Radiological or nuclear weapon" means any device that is	22219
designed to create or release radiation or radioactivity at a	22220
level that is dangerous to human life or in order to cause serious	22221
physical harm to persons as a result of the radiation or	22222
radioactivity created or released.	22223

(F) "Explosive device" has the same meaning as in section	22224
2923.11 of the Revised Code.	22225

(G) "Key component of a binary or multicomponent chemical	22226
system" means the precursor that plays the most important role in	22227
determining the toxic properties of the final product and reacts	22228
rapidly with other chemicals in the binary or multicomponent	22229
chemical system.	22230

(H) ~~"Material assistance" means any of the following:~~

22231

~~(1) Membership in an organization on the United States~~	22232
~~department of state terrorist exclusion list;~~	22233

~~(2) Use of the person's position of prominence within any~~	22234
~~country to persuade others to support an organization on the~~	22235
~~United States department of state terrorist exclusion list;~~	22236

~~(3) Knowingly soliciting funds or other things of value for~~	22237
~~an organization on the United States department of state terrorist~~	22238
~~exclusion list;~~	22239

~~(4) Solicitation of any individual for membership in an~~	22240
~~organization on the United States department of state terrorist~~	22241
~~exclusion list;~~	22242

~~(5) Commission of an act that the person knows, or reasonably~~	22243
~~should have known, affords material support or resources to an~~	22244
~~organization on the United States department of state terrorist~~	22245
~~exclusion list;~~	22246

~~(6) Hiring or compensating a person known by the person~~	22247
~~hiring or providing the compensation to be a member of an~~	22248
~~organization on the United States department of state terrorist~~	22249
~~exclusion list or a person known by the person hiring or providing~~	22250
~~the compensation to be engaged in planning, assisting, or carrying~~	22251
~~out an act of terrorism.~~	22252

~~(I)~~ "Material support or resources" means currency, payment	22253
instruments, other financial securities, funds, transfer of funds,	22254
financial services, communications, lodging, training, safe	22255
houses, false documentation or identification, communications	22256
equipment, facilities, weapons, lethal substances, explosives,	22257
personnel, transportation, and other physical assets, except	22258
medicine or religious materials.	22259

~~(J)~~(I) "Payment instrument" means a check, draft, money	22260
order, traveler's check, cashier's check, teller's check, or other	22261
instrument or order for the transmission or payment of money,	22262
regardless of whether the item in question is negotiable.	22263

~~(K)~~(J) "Peace officer" and "prosecutor" have the same	22264
meanings as in section 2935.01 of the Revised Code.	22265

~~(L)~~(K) "Precursor" means any chemical reactant that takes	22266
part at any stage in the production by whatever method of a toxic	22267
chemical, including any key component of a binary or	22268
multicomponent chemical system.	22269

~~(M)~~(L) "Response costs" means all costs a political	22270
subdivision incurs as a result of, or in making any response to, a	22271
threat of a specified offense made as described in section 2909.23	22272
of the Revised Code or a specified offense committed as described	22273
in section 2909.24 of the Revised Code, including, but not limited	22274
to, all costs so incurred by any law enforcement officers,	22275
firefighters, rescue personnel, or emergency medical services	22276
personnel of the political subdivision and all costs so incurred	22277
by the political subdivision that relate to laboratory testing or	22278
hazardous material cleanup.	22279

~~(N)~~(M) "Specified offense" means any of the following:

22280

(1) A felony offense of violence, a violation of section	22281
2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27,	22282
2909.28, 2909.29, or 2927.24 of the Revised Code, a felony of the	22283
first degree that is not a violation of any provision in Chapter	22284
2925. or 3719. of the Revised Code;	22285

(2) An attempt to commit, complicity in committing, or a	22286
conspiracy to commit an offense listed in division ~~(N)~~(M)(1) of	22287
this section.	22288

~~(O)~~(N) "Toxic chemical" means any chemical that through its	22289
chemical action on life processes can cause death or serious	22290
physical harm to persons or animals, regardless of its origin or	22291
of its method of production and regardless of whether it is	22292
produced in facilities, in munitions, or elsewhere.	22293

~~(P) "United States department of state terrorist exclusion~~	22294
~~list" and "terrorist exclusion list" means the list compiled by~~	22295
~~the United States secretary of state, in consultation with or upon~~	22296
~~the request of the United States attorney general, that designates~~	22297
~~terrorist organizations for immigration purposes. "United States~~	22298
~~department of state terrorist exclusion list" and "terrorist~~	22299
~~exclusion list" also mean the list of terrorist organizations the~~	22300
~~director of public safety prepares pursuant to rules adopted in~~	22301
~~accordance with Chapter 119. of the Revised Code, that is~~	22302
~~comprised of lists of organizations officials of the United States~~	22303
~~government designate as terrorist, including the "terrorist~~	22304
~~exclusion list" described in this division, the list of "foreign~~	22305
~~terrorist organizations" the Unites States secretary of state~~	22306
~~prepares in consultation with the United States attorney general~~	22307
~~and the United States secretary of the treasury, and the list of~~	22308
~~charities that support terrorist activities, known as "designated~~	22309
~~charities," that the United States department of treasury~~	22310
~~compiles.~~	22311

~~(Q)~~(O) "Hazardous radioactive substance" means any substance	22312
or item that releases or is designed to release radiation or	22313
radioactivity at a level dangerous to human life.	22314

Sec. 2909.28. (A) No person, with the intent to manufacture	22315
a chemical weapon, biological weapon, radiological or nuclear	22316
weapon, or explosive device, shall knowingly assemble or possess	22317
one or more toxins, toxic chemicals, precursors of toxic	22318
chemicals, vectors, biological agents, or hazardous radioactive	22319
substances~~, including, but not limited to, those listed in rules~~	22320
~~the director of public safety adopts,~~ that may be used to	22321
manufacture a chemical weapon, biological weapon, radiological or	22322
nuclear weapon, or explosive device.	22323

(B) In a prosecution under this section, it is not necessary	22324
to allege or prove that the offender assembled or possessed all	22325
chemicals or substances necessary to manufacture a chemical	22326
weapon, biological weapon, radiological or nuclear weapon, or	22327
explosive device. The assembly or possession of a single chemical	22328
or substance, with the intent to use that chemical or substance in	22329
the manufacture of a chemical weapon, biological weapon,	22330
radiological or nuclear weapon, or explosive device, is sufficient	22331
to violate this section.	22332

(C) Whoever violates this section is guilty of illegal	22333
assembly or possession of chemicals or substances for the	22334
manufacture of a chemical weapon, biological weapon, radiological	22335
or nuclear weapon, or explosive device, which is a felony of the	22336
fourth degree.	22337

(D) This section does not apply when the items described in	22338
division (A) of this section are assembled or possessed for a	22339
purpose related to the performance of official duties related to	22340
any military purpose of the United States and any law enforcement	22341
purpose, including any domestic riot control purpose.	22342

Sec. 2927.023. (A) As used in this section ~~"authorized~~:

22343

(1) "Authorized recipient of tobacco products" means a person	22344
who is:	22345

~~(1)~~(a) Licensed as a cigarette wholesale dealer under section	22346
5743.15 of the Revised Code;	22347

~~(2)~~(b) Licensed as a retail dealer as long as the person	22348
purchases cigarettes with the appropriate tax stamp affixed;	22349

~~(3)~~(c) An export warehouse proprietor as defined in section	22350
5702 of the Internal Revenue Code;	22351

~~(4)~~(d) An operator of a customs bonded warehouse under 19	22352
U.S.C. 1311 or 19 U.S.C. 1555;	22353

~~(5)~~(e) An officer, employee, or agent of the federal	22354
government or of this state acting in the person's official	22355
capacity;	22356

~~(6)~~(f) A department, agency, instrumentality, or political	22357
subdivision of the federal government or of this state;	22358

~~(7)~~(g) A person having a consent for consumer shipment issued	22359
by the tax commissioner under section 5743.71 of the Revised Code.	22360

(2) "Motor carrier" has the same meaning as in section	22361
4923.01 of the Revised Code.	22362

The purpose of this section is to prevent the sale of	22363
cigarettes to minors and to ensure compliance with the Master	22364
Settlement Agreement, as defined in section 1346.01 of the Revised	22365
Code.	22366

(B)(1) No person shall cause to be shipped any cigarettes to	22367
any person in this state other than an authorized recipient of	22368
tobacco products.	22369

(2) No ~~common carrier, contract~~motor carrier, or other	22370
person shall knowingly transport cigarettes to any person in this	22371
state that the carrier or other person reasonably believes is not	22372
an authorized recipient of tobacco products. If cigarettes are	22373
transported to a home or residence, it shall be presumed that the	22374
~~common carrier, contract~~motor carrier, or other person knew that	22375
the person to whom the cigarettes were delivered was not an	22376
authorized recipient of tobacco products.	22377

(C) No person engaged in the business of selling cigarettes	22378
who ships or causes to be shipped cigarettes to any person in this	22379
state in any container or wrapping other than the original	22380
container or wrapping of the cigarettes shall fail to plainly and	22381
visibly mark the exterior of the container or wrapping in which	22382
the cigarettes are shipped with the words "cigarettes."	22383

(D) A court shall impose a fine of up to one thousand dollars	22384
for each violation of division (B)(1), (B)(2), or (C) of this	22385
section.	22386

Sec. 2929.01. As used in this chapter:

22387

(A)(1) "Alternative residential facility" means, subject to	22388
division (A)(2) of this section, any facility other than an	22389
offender's home or residence in which an offender is assigned to	22390
live and that satisfies all of the following criteria:	22391

(a) It provides programs through which the offender may seek	22392
or maintain employment or may receive education, training,	22393
treatment, or habilitation.	22394

(b) It has received the appropriate license or certificate	22395
for any specialized education, training, treatment, habilitation,	22396
or other service that it provides from the government agency that	22397
is responsible for licensing or certifying that type of education,	22398
training, treatment, habilitation, or service.	22399

(2) "Alternative residential facility" does not include a	22400
community-based correctional facility, jail, halfway house, or	22401
prison.	22402

(B) "Basic probation supervision" means a requirement that	22403
the offender maintain contact with a person appointed to supervise	22404
the offender in accordance with sanctions imposed by the court or	22405
imposed by the parole board pursuant to section 2967.28 of the	22406
Revised Code. "Basic probation supervision" includes basic parole	22407
supervision and basic post-release control supervision.	22408

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	22409
same meanings as in section 2925.01 of the Revised Code.	22410

(D) "Community-based correctional facility" means a	22411
community-based correctional facility and program or district	22412
community-based correctional facility and program developed	22413
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	22414

(E) "Community control sanction" means a sanction that is not	22415
a prison term and that is described in section 2929.15, 2929.16,	22416
2929.17, or 2929.18 of the Revised Code or a sanction that is not	22417
a jail term and that is described in section 2929.26, 2929.27, or	22418
2929.28 of the Revised Code. "Community control sanction" includes	22419
probation if the sentence involved was imposed for a felony that	22420
was committed prior to July 1, 1996, or if the sentence involved	22421
was imposed for a misdemeanor that was committed prior to January	22422
1, 2004.	22423

(F) "Controlled substance," "marihuana," "schedule I," and	22424
"schedule II" have the same meanings as in section 3719.01 of the	22425
Revised Code.	22426

(G) "Curfew" means a requirement that an offender during a	22427
specified period of time be at a designated place.	22428

(H) "Day reporting" means a sanction pursuant to which an	22429
offender is required each day to report to and leave a center or	22430
other approved reporting location at specified times in order to	22431
participate in work, education or training, treatment, and other	22432
approved programs at the center or outside the center.	22433

(I) "Deadly weapon" has the same meaning as in section	22434
2923.11 of the Revised Code.	22435

(J) "Drug and alcohol use monitoring" means a program under	22436
which an offender agrees to submit to random chemical analysis of	22437
the offender's blood, breath, or urine to determine whether the	22438
offender has ingested any alcohol or other drugs.	22439

(K) "Drug treatment program" means any program under which a	22440
person undergoes assessment and treatment designed to reduce or	22441
completely eliminate the person's physical or emotional reliance	22442
upon alcohol, another drug, or alcohol and another drug and under	22443
which the person may be required to receive assessment and	22444
treatment on an outpatient basis or may be required to reside at a	22445
facility other than the person's home or residence while	22446
undergoing assessment and treatment.	22447

(L) "Economic loss" means any economic detriment suffered by	22448
a victim as a direct and proximate result of the commission of an	22449
offense and includes any loss of income due to lost time at work	22450
because of any injury caused to the victim, and any property loss,	22451
medical cost, or funeral expense incurred as a result of the	22452
commission of the offense. "Economic loss" does not include	22453
non-economic loss or any punitive or exemplary damages.	22454

(M) "Education or training" includes study at, or in	22455
conjunction with a program offered by, a university, college, or	22456
technical college or vocational study and also includes the	22457
completion of primary school, secondary school, and literacy	22458
curricula or their equivalent.	22459

(N) "Firearm" has the same meaning as in section 2923.11 of	22460
the Revised Code.	22461

(O) "Halfway house" means a facility licensed by the division	22462
of parole and community services of the department of	22463
rehabilitation and correction pursuant to section 2967.14 of the	22464
Revised Code as a suitable facility for the care and treatment of	22465
adult offenders.	22466

(P) "House arrest" means a period of confinement of an	22467
offender that is in the offender's home or in other premises	22468
specified by the sentencing court or by the parole board pursuant	22469
to section 2967.28 of the Revised Code and during which all of the	22470
following apply:	22471

(1) The offender is required to remain in the offender's home	22472
or other specified premises for the specified period of	22473
confinement, except for periods of time during which the offender	22474
is at the offender's place of employment or at other premises as	22475
authorized by the sentencing court or by the parole board.	22476

(2) The offender is required to report periodically to a	22477
person designated by the court or parole board.	22478

(3) The offender is subject to any other restrictions and	22479
requirements that may be imposed by the sentencing court or by the	22480
parole board.	22481

(Q) "Intensive probation supervision" means a requirement	22482
that an offender maintain frequent contact with a person appointed	22483
by the court, or by the parole board pursuant to section 2967.28	22484
of the Revised Code, to supervise the offender while the offender	22485
is seeking or maintaining necessary employment and participating	22486
in training, education, and treatment programs as required in the	22487
court's or parole board's order. "Intensive probation supervision"	22488
includes intensive parole supervision and intensive post-release	22489
control supervision.	22490

(R) "Jail" means a jail, workhouse, minimum security jail, or	22491
other residential facility used for the confinement of alleged or	22492
convicted offenders that is operated by a political subdivision or	22493
a combination of political subdivisions of this state.	22494

(S) "Jail term" means the term in a jail that a sentencing	22495
court imposes or is authorized to impose pursuant to section	22496
2929.24 or 2929.25 of the Revised Code or pursuant to any other	22497
provision of the Revised Code that authorizes a term in a jail for	22498
a misdemeanor conviction.	22499

(T) "Mandatory jail term" means the term in a jail that a	22500
sentencing court is required to impose pursuant to division (G) of	22501
section 1547.99 of the Revised Code, division (E) of section	22502
2903.06 or division (D) of section 2903.08 of the Revised Code,	22503
division (E) or (G) of section 2929.24 of the Revised Code,	22504
division (B) of section 4510.14 of the Revised Code, or division	22505
(G) of section 4511.19 of the Revised Code or pursuant to any	22506
other provision of the Revised Code that requires a term in a jail	22507
for a misdemeanor conviction.	22508

(U) "Delinquent child" has the same meaning as in section	22509
2152.02 of the Revised Code.	22510

(V) "License violation report" means a report that is made by	22511
a sentencing court, or by the parole board pursuant to section	22512
2967.28 of the Revised Code, to the regulatory or licensing board	22513
or agency that issued an offender a professional license or a	22514
license or permit to do business in this state and that specifies	22515
that the offender has been convicted of or pleaded guilty to an	22516
offense that may violate the conditions under which the offender's	22517
professional license or license or permit to do business in this	22518
state was granted or an offense for which the offender's	22519
professional license or license or permit to do business in this	22520
state may be revoked or suspended.	22521

(W) "Major drug offender" means an offender who is convicted	22522
of or pleads guilty to the possession of, sale of, or offer to	22523
sell any drug, compound, mixture, preparation, or substance that	22524
consists of or contains at least one thousand grams of hashish; at	22525
least one hundred grams of cocaine; at least two thousand five	22526
hundred unit doses or two hundred fifty grams of heroin; at least	22527
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	22528
in a liquid concentrate, liquid extract, or liquid distillate	22529
form; or at least one hundred times the amount of any other	22530
schedule I or II controlled substance other than marihuana that is	22531
necessary to commit a felony of the third degree pursuant to	22532
section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code	22533
that is based on the possession of, sale of, or offer to sell the	22534
controlled substance.	22535

(X) "Mandatory prison term" means any of the following:

22536

(1) Subject to division (X)(2) of this section, the term in	22537
prison that must be imposed for the offenses or circumstances set	22538
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	22539
2929.13 and division (B) of section 2929.14 of the Revised Code.	22540
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	22541
and 2925.11 of the Revised Code, unless the maximum or another	22542
specific term is required under section 2929.14 or 2929.142 of the	22543
Revised Code, a mandatory prison term described in this division	22544
may be any prison term authorized for the level of offense.	22545

(2) The term of sixty or one hundred twenty days in prison	22546
that a sentencing court is required to impose for a third or	22547
fourth degree felony OVI offense pursuant to division (G)(2) of	22548
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	22549
of the Revised Code or the term of one, two, three, four, or five	22550
years in prison that a sentencing court is required to impose	22551
pursuant to division (G)(2) of section 2929.13 of the Revised	22552
Code.	22553

(3) The term in prison imposed pursuant to division (A) of	22554
section 2971.03 of the Revised Code for the offenses and in the	22555
circumstances described in division (F)(11) of section 2929.13 of	22556
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	22557
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	22558
2971.03 of the Revised Code and that term as modified or	22559
terminated pursuant to section 2971.05 of the Revised Code.	22560

(Y) "Monitored time" means a period of time during which an	22561
offender continues to be under the control of the sentencing court	22562
or parole board, subject to no conditions other than leading a	22563
law-abiding life.	22564

(Z) "Offender" means a person who, in this state, is	22565
convicted of or pleads guilty to a felony or a misdemeanor.	22566

(AA) "Prison" means a residential facility used for the	22567
confinement of convicted felony offenders that is under the	22568
control of the department of rehabilitation and correction but	22569
does not include a violation sanction center operated under	22570
authority of section 2967.141 of the Revised Code.	22571

(BB) "Prison term" includes either of the following sanctions	22572
for an offender:	22573

(1) A stated prison term;

22574

(2) A term in a prison shortened by, or with the approval of,	22575
the sentencing court pursuant to section 2929.143, 2929.20,	22576
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	22577

(CC) "Repeat violent offender" means a person about whom both	22578
of the following apply:	22579

(1) The person is being sentenced for committing or for	22580
complicity in committing any of the following:	22581

(a) Aggravated murder, murder, any felony of the first or	22582
second degree that is an offense of violence, or an attempt to	22583
commit any of these offenses if the attempt is a felony of the	22584
first or second degree;	22585

(b) An offense under an existing or former law of this state,	22586
another state, or the United States that is or was substantially	22587
equivalent to an offense described in division (CC)(1)(a) of this	22588
section.	22589

(2) The person previously was convicted of or pleaded guilty	22590
to an offense described in division (CC)(1)(a) or (b) of this	22591
section.	22592

(DD) "Sanction" means any penalty imposed upon an offender	22593
who is convicted of or pleads guilty to an offense, as punishment	22594
for the offense. "Sanction" includes any sanction imposed pursuant	22595
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	22596
2929.28 of the Revised Code.	22597

(EE) "Sentence" means the sanction or combination of	22598
sanctions imposed by the sentencing court on an offender who is	22599
convicted of or pleads guilty to an offense.	22600

(FF) "Stated prison term" means the prison term, mandatory	22601
prison term, or combination of all prison terms and mandatory	22602
prison terms imposed by the sentencing court pursuant to section	22603
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	22604
2919.25 of the Revised Code. "Stated prison term" includes any	22605
credit received by the offender for time spent in jail awaiting	22606
trial, sentencing, or transfer to prison for the offense and any	22607
time spent under house arrest or house arrest with electronic	22608
monitoring imposed after earning credits pursuant to section	22609
2967.193 of the Revised Code. If an offender is serving a prison	22610
term as a risk reduction sentence under sections 2929.142 and	22611
5120.036 of the Revised Code, "stated prison term" includes any	22612
period of time by which the prison term imposed upon the offender	22613
is shortened by the offender's successful completion of all	22614
assessment and treatment or programming pursuant to those	22615
sections.	22616

(GG) "Victim-offender mediation" means a reconciliation or	22617
mediation program that involves an offender and the victim of the	22618
offense committed by the offender and that includes a meeting in	22619
which the offender and the victim may discuss the offense, discuss	22620
restitution, and consider other sanctions for the offense.	22621

(HH) "Fourth degree felony OVI offense" means a violation of	22622
division (A) of section 4511.19 of the Revised Code that, under	22623
division (G) of that section, is a felony of the fourth degree.	22624

(II) "Mandatory term of local incarceration" means the term	22625
of sixty or one hundred twenty days in a jail, a community-based	22626
correctional facility, a halfway house, or an alternative	22627
residential facility that a sentencing court may impose upon a	22628
person who is convicted of or pleads guilty to a fourth degree	22629
felony OVI offense pursuant to division (G)(1) of section 2929.13	22630
of the Revised Code and division (G)(1)(d) or (e) of section	22631
4511.19 of the Revised Code.	22632

(JJ) "Designated homicide, assault, or kidnapping offense,"	22633
"violent sex offense," "sexual motivation specification,"	22634
"sexually violent offense," "sexually violent predator," and	22635
"sexually violent predator specification" have the same meanings	22636
as in section 2971.01 of the Revised Code.	22637

(KK) "Sexually oriented offense," "child-victim oriented	22638
offense," and "tier III sex offender/child-victim offender," have	22639
the same meanings as in section 2950.01 of the Revised Code.	22640

(LL) An offense is "committed in the vicinity of a child" if	22641
the offender commits the offense within thirty feet of or within	22642
the same residential unit as a child who is under eighteen years	22643
of age, regardless of whether the offender knows the age of the	22644
child or whether the offender knows the offense is being committed	22645
within thirty feet of or within the same residential unit as the	22646
child and regardless of whether the child actually views the	22647
commission of the offense.	22648

(MM) "Family or household member" has the same meaning as in	22649
section 2919.25 of the Revised Code.	22650

(NN) "Motor vehicle" and "manufactured home" have the same	22651
meanings as in section 4501.01 of the Revised Code.	22652

(OO) "Detention" and "detention facility" have the same	22653
meanings as in section 2921.01 of the Revised Code.	22654

(PP) "Third degree felony OVI offense" means a violation of	22655
division (A) of section 4511.19 of the Revised Code that, under	22656
division (G) of that section, is a felony of the third degree.	22657

(QQ) "Random drug testing" has the same meaning as in section	22658
5120.63 of the Revised Code.	22659

(RR) "Felony sex offense" has the same meaning as in section	22660
2967.28 of the Revised Code.	22661

(SS) "Body armor" has the same meaning as in section	22662
2941.1411 of the Revised Code.	22663

(TT) "Electronic monitoring" means monitoring through the use	22664
of an electronic monitoring device.	22665

(UU) "Electronic monitoring device" means any of the	22666
following:	22667

(1) Any device that can be operated by electrical or battery	22668
power and that conforms with all of the following:	22669

(a) The device has a transmitter that can be attached to a	22670
person, that will transmit a specified signal to a receiver of the	22671
type described in division (UU)(1)(b) of this section if the	22672
transmitter is removed from the person, turned off, or altered in	22673
any manner without prior court approval in relation to electronic	22674
monitoring or without prior approval of the department of	22675
rehabilitation and correction in relation to the use of an	22676
electronic monitoring device for an inmate on transitional control	22677
or otherwise is tampered with, that can transmit continuously and	22678
periodically a signal to that receiver when the person is within a	22679
specified distance from the receiver, and that can transmit an	22680
appropriate signal to that receiver if the person to whom it is	22681
attached travels a specified distance from that receiver.	22682

(b) The device has a receiver that can receive continuously	22683
the signals transmitted by a transmitter of the type described in	22684
division (UU)(1)(a) of this section, can transmit continuously	22685
those signals by a wireless or landline telephone connection to a	22686
central monitoring computer of the type described in division	22687
(UU)(1)(c) of this section, and can transmit continuously an	22688
appropriate signal to that central monitoring computer if the	22689
device has been turned off or altered without prior court approval	22690
or otherwise tampered with. The device is designed specifically	22691
for use in electronic monitoring, is not a converted wireless	22692
phone or another tracking device that is clearly not designed for	22693
electronic monitoring, and provides a means of text-based or voice	22694
communication with the person.	22695

(c) The device has a central monitoring computer that can	22696
receive continuously the signals transmitted by a wireless or	22697
landline telephone connection by a receiver of the type described	22698
in division (UU)(1)(b) of this section and can monitor	22699
continuously the person to whom an electronic monitoring device of	22700
the type described in division (UU)(1)(a) of this section is	22701
attached.	22702

(2) Any device that is not a device of the type described in	22703
division (UU)(1) of this section and that conforms with all of the	22704
following:	22705

(a) The device includes a transmitter and receiver that can	22706
monitor and determine the location of a subject person at any	22707
time, or at a designated point in time, through the use of a	22708
central monitoring computer or through other electronic means.	22709

(b) The device includes a transmitter and receiver that can	22710
determine at any time, or at a designated point in time, through	22711
the use of a central monitoring computer or other electronic means	22712
the fact that the transmitter is turned off or altered in any	22713
manner without prior approval of the court in relation to the	22714
electronic monitoring or without prior approval of the department	22715
of rehabilitation and correction in relation to the use of an	22716
electronic monitoring device for an inmate on transitional control	22717
or otherwise is tampered with.	22718

(3) Any type of technology that can adequately track or	22719
determine the location of a subject person at any time and that is	22720
approved by the director of rehabilitation and correction,	22721
including, but not limited to, any satellite technology, voice	22722
tracking system, or retinal scanning system that is so approved.	22723

(VV) "Non-economic loss" means nonpecuniary harm suffered by	22724
a victim of an offense as a result of or related to the commission	22725
of the offense, including, but not limited to, pain and suffering;	22726
loss of society, consortium, companionship, care, assistance,	22727
attention, protection, advice, guidance, counsel, instruction,	22728
training, or education; mental anguish; and any other intangible	22729
loss.	22730

(WW) "Prosecutor" has the same meaning as in section 2935.01	22731
of the Revised Code.	22732

(XX) "Continuous alcohol monitoring" means the ability to	22733
automatically test and periodically transmit alcohol consumption	22734
levels and tamper attempts at least every hour, regardless of the	22735
location of the person who is being monitored.	22736

(YY) A person is "adjudicated a sexually violent predator" if	22737
the person is convicted of or pleads guilty to a violent sex	22738
offense and also is convicted of or pleads guilty to a sexually	22739
violent predator specification that was included in the	22740
indictment, count in the indictment, or information charging that	22741
violent sex offense or if the person is convicted of or pleads	22742
guilty to a designated homicide, assault, or kidnapping offense	22743
and also is convicted of or pleads guilty to both a sexual	22744
motivation specification and a sexually violent predator	22745
specification that were included in the indictment, count in the	22746
indictment, or information charging that designated homicide,	22747
assault, or kidnapping offense.	22748

(ZZ) An offense is "committed in proximity to a school" if	22749
the offender commits the offense in a school safety zone or within	22750
five hundred feet of any school building or the boundaries of any	22751
school premises, regardless of whether the offender knows the	22752
offense is being committed in a school safety zone or within five	22753
hundred feet of any school building or the boundaries of any	22754
school premises.	22755

(AAA) "Human trafficking" means a scheme or plan to which all	22756
of the following apply:	22757

(1) Its object is to subject a victim or victims to	22758
involuntary servitude, as defined in section 2905.31 of the	22759
Revised Code, to compel a victim or victims to engage in sexual	22760
activity for hire, to engage in a performance that is obscene,	22761
sexually oriented, or nudity oriented, or to be a model or	22762
participant in the production of material that is obscene,	22763
sexually oriented, or nudity oriented.	22764

(2) It involves at least two felony offenses, whether or not	22765
there has been a prior conviction for any of the felony offenses,	22766
to which all of the following apply:	22767

(a) Each of the felony offenses is a violation of section	22768
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	22769
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	22770
(4), or (5) of section 2919.22 of the Revised Code or is a	22771
violation of a law of any state other than this state that is	22772
substantially similar to any of the sections or divisions of the	22773
Revised Code identified in this division.	22774

(b) At least one of the felony offenses was committed in this	22775
state.	22776

(c) The felony offenses are related to the same scheme or	22777
plan and are not isolated instances.	22778

(BBB) "Material," "nudity," "obscene," "performance," and	22779
"sexual activity" have the same meanings as in section 2907.01 of	22780
the Revised Code.	22781

(CCC) "Material that is obscene, sexually oriented, or nudity	22782
oriented" means any material that is obscene, that shows a person	22783
participating or engaging in sexual activity, masturbation, or	22784
bestiality, or that shows a person in a state of nudity.	22785

(DDD) "Performance that is obscene, sexually oriented, or	22786
nudity oriented" means any performance that is obscene, that shows	22787
a person participating or engaging in sexual activity,	22788
masturbation, or bestiality, or that shows a person in a state of	22789
nudity.	22790

Sec. 2929.19. (A) The court shall hold a sentencing hearing	22791
before imposing a sentence under this chapter upon an offender who	22792
was convicted of or pleaded guilty to a felony and before	22793
resentencing an offender who was convicted of or pleaded guilty to	22794
a felony and whose case was remanded pursuant to section 2953.07	22795
or 2953.08 of the Revised Code. At the hearing, the offender, the	22796
prosecuting attorney, the victim or the victim's representative in	22797
accordance with section 2930.14 of the Revised Code, and, with the	22798
approval of the court, any other person may present information	22799
relevant to the imposition of sentence in the case. The court	22800
shall inform the offender of the verdict of the jury or finding of	22801
the court and ask the offender whether the offender has anything	22802
to say as to why sentence should not be imposed upon the offender.	22803

(B)(1) At the sentencing hearing, the court, before imposing	22804
sentence, shall consider the record, any information presented at	22805
the hearing by any person pursuant to division (A) of this	22806
section, and, if one was prepared, the presentence investigation	22807
report made pursuant to section 2951.03 of the Revised Code or	22808
Criminal Rule 32.2, and any victim impact statement made pursuant	22809
to section 2947.051 of the Revised Code.	22810

(2) Subject to division (B)(3) of this section, if the	22811
sentencing court determines at the sentencing hearing that a	22812
prison term is necessary or required, the court shall do all of	22813
the following:	22814

(a) Impose a stated prison term and, if the court imposes a	22815
mandatory prison term, notify the offender that the prison term is	22816
a mandatory prison term;	22817

(b) In addition to any other information, include in the	22818
sentencing entry the name and section reference to the offense or	22819
offenses, the sentence or sentences imposed and whether the	22820
sentence or sentences contain mandatory prison terms, if sentences	22821
are imposed for multiple counts whether the sentences are to be	22822
served concurrently or consecutively, and the name and section	22823
reference of any specification or specifications for which	22824
sentence is imposed and the sentence or sentences imposed for the	22825
specification or specifications;	22826

(c) Notify the offender that the offender will be supervised	22827
under section 2967.28 of the Revised Code after the offender	22828
leaves prison if the offender is being sentenced for a felony of	22829
the first degree or second degree, for a felony sex offense, or	22830
for a felony of the third degree that is not a felony sex offense	22831
and in the commission of which the offender caused or threatened	22832
to cause physical harm to a person. This division applies with	22833
respect to all prison terms imposed for an offense of a type	22834
described in this division, including a term imposed for any such	22835
offense that is a risk reduction sentence, as defined in section	22836
2967.28 of the Revised Code. If a court imposes a sentence	22837
including a prison term of a type described in division (B)(2)(c)	22838
of this section on or after July 11, 2006, the failure of a court	22839
to notify the offender pursuant to division (B)(2)(c) of this	22840
section that the offender will be supervised under section 2967.28	22841
of the Revised Code after the offender leaves prison or to include	22842
in the judgment of conviction entered on the journal a statement	22843
to that effect does not negate, limit, or otherwise affect the	22844
mandatory period of supervision that is required for the offender	22845
under division (B) of section 2967.28 of the Revised Code. Section	22846
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	22847
court imposed a sentence including a prison term of a type	22848
described in division (B)(2)(c) of this section and failed to	22849
notify the offender pursuant to division (B)(2)(c) of this section	22850
regarding post-release control or to include in the judgment of	22851
conviction entered on the journal or in the sentence a statement	22852
regarding post-release control.	22853

(d) Notify the offender that the offender may be supervised	22854
under section 2967.28 of the Revised Code after the offender	22855
leaves prison if the offender is being sentenced for a felony of	22856
the third, fourth, or fifth degree that is not subject to division	22857
(B)(2)(c) of this section. This division applies with respect to	22858
all prison terms imposed for an offense of a type described in	22859
this division, including a term imposed for any such offense that	22860
is a risk reduction sentence, as defined in section 2967.28 of the	22861
Revised Code. Section 2929.191 of the Revised Code applies if,	22862
prior to July 11, 2006, a court imposed a sentence including a	22863
prison term of a type described in division (B)(2)(d) of this	22864
section and failed to notify the offender pursuant to division	22865
(B)(2)(d) of this section regarding post-release control or to	22866
include in the judgment of conviction entered on the journal or in	22867
the sentence a statement regarding post-release control.	22868

(e) Notify the offender that, if a period of supervision is	22869
imposed following the offender's release from prison, as described	22870
in division (B)(2)(c) or (d) of this section, and if the offender	22871
violates that supervision or a condition of post-release control	22872
imposed under division (B) of section 2967.131 of the Revised	22873
Code, the parole board may impose a prison term, as part of the	22874
sentence, of up to one-half of the stated prison term originally	22875
imposed upon the offender. If a court imposes a sentence including	22876
a prison term on or after July 11, 2006, the failure of a court to	22877
notify the offender pursuant to division (B)(2)(e) of this section	22878
that the parole board may impose a prison term as described in	22879
division (B)(2)(e) of this section for a violation of that	22880
supervision or a condition of post-release control imposed under	22881
division (B) of section 2967.131 of the Revised Code or to include	22882
in the judgment of conviction entered on the journal a statement	22883
to that effect does not negate, limit, or otherwise affect the	22884
authority of the parole board to so impose a prison term for a	22885
violation of that nature if, pursuant to division (D)(1) of	22886
section 2967.28 of the Revised Code, the parole board notifies the	22887
offender prior to the offender's release of the board's authority	22888
to so impose a prison term. Section 2929.191 of the Revised Code	22889
applies if, prior to July 11, 2006, a court imposed a sentence	22890
including a prison term and failed to notify the offender pursuant	22891
to division (B)(2)(e) of this section regarding the possibility of	22892
the parole board imposing a prison term for a violation of	22893
supervision or a condition of post-release control.	22894

(f) Require that the offender not ingest or be injected with	22895
a drug of abuse and submit to random drug testing as provided in	22896
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	22897
is applicable to the offender who is serving a prison term, and	22898
require that the results of the drug test administered under any	22899
of those sections indicate that the offender did not ingest or was	22900
not injected with a drug of abuse.	22901

(g) Include in the offender's sentence a statement notifying	22902
the offender of the information described in division (F)(3) of	22903
section 2929.14 of the Revised Code regarding earned credits under	22904
section 2967.193 of the Revised Code.	22905

(h)(i) Determine, notify the offender of, and include in the	22906
sentencing entry the number of days that the offender has been	22907
confined for any reason arising out of the offense for which the	22908
offender is being sentenced and by which the department of	22909
rehabilitation and correction must reduce the stated prison term	22910
under section 2967.191 of the Revised Code. The court's	22911
calculation shall not include the number of days, if any, that the	22912
offender previously served in the custody of the department of	22913
rehabilitation and correction arising out of the offense for which	22914
the prisoner was convicted and sentenced.	22915

(ii) In making a determination under division (B)(2)(h)(i) of	22916
this section, the court shall consider the arguments of the	22917
parties and conduct a hearing if one is requested.	22918

(iii) The sentencing court retains continuing jurisdiction to	22919
correct any error not previously raised at sentencing in making a	22920
determination under division (B)(2)(h)(i) of this section. The	22921
offender may, at any time after sentencing, file a motion in the	22922
sentencing court to correct any error made in making a	22923
determination under division (B)(2)(h)(i) of this section, and the	22924
court may in its discretion grant or deny that motion. If the	22925
court changes the number of days in its determination or	22926
redetermination, the court shall cause the entry granting that	22927
change to be delivered to the department of rehabilitation and	22928
correction without delay. Sections 2931.15 and 2953.21 of the	22929
Revised Code do not apply to a motion made under this section.	22930

(iv) An inaccurate determination under division (B)(2)(h)(i)	22931
of this section is not grounds for setting aside the offender's	22932
conviction or sentence and does not otherwise render the sentence	22933
void or voidable.	22934

(3)(a) The court shall include in the offender's sentence a	22935
statement that the offender is a tier III sex	22936
offender/child-victim offender, and the court shall comply with	22937
the requirements of section 2950.03 of the Revised Code if any of	22938
the following apply:	22939

(i) The offender is being sentenced for a violent sex offense	22940
or designated homicide, assault, or kidnapping offense that the	22941
offender committed on or after January 1, 1997, and the offender	22942
is adjudicated a sexually violent predator in relation to that	22943
offense.	22944

(ii) The offender is being sentenced for a sexually oriented	22945
offense that the offender committed on or after January 1, 1997,	22946
and the offender is a tier III sex offender/child-victim offender	22947
relative to that offense.	22948

(iii) The offender is being sentenced on or after July 31,	22949
2003, for a child-victim oriented offense, and the offender is a	22950
tier III sex offender/child-victim offender relative to that	22951
offense.	22952

(iv) The offender is being sentenced under section 2971.03 of	22953
the Revised Code for a violation of division (A)(1)(b) of section	22954
2907.02 of the Revised Code committed on or after January 2, 2007.	22955

(v) The offender is sentenced to a term of life without	22956
parole under division (B) of section 2907.02 of the Revised Code.	22957

(vi) The offender is being sentenced for attempted rape	22958
committed on or after January 2, 2007, and a specification of the	22959
type described in section 2941.1418, 2941.1419, or 2941.1420 of	22960
the Revised Code.	22961

(vii) The offender is being sentenced under division	22962
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	22963
for an offense described in those divisions committed on or after	22964
January 1, 2008.	22965

(b) Additionally, if any criterion set forth in divisions	22966
(B)(3)(a)(i) to (vii) of this section is satisfied, in the	22967
circumstances described in division (E) of section 2929.14 of the	22968
Revised Code, the court shall impose sentence on the offender as	22969
described in that division.	22970

(4) If the sentencing court determines at the sentencing	22971
hearing that a community control sanction should be imposed and	22972
the court is not prohibited from imposing a community control	22973
sanction, the court shall impose a community control sanction. The	22974
court shall notify the offender that, if the conditions of the	22975
sanction are violated, if the offender commits a violation of any	22976
law, or if the offender leaves this state without the permission	22977
of the court or the offender's probation officer, the court may	22978
impose a longer time under the same sanction, may impose a more	22979
restrictive sanction, or may impose a prison term on the offender	22980
and shall indicate the specific prison term that may be imposed as	22981
a sanction for the violation, as selected by the court from the	22982
range of prison terms for the offense pursuant to section 2929.14	22983
of the Revised Code.	22984

(5) Before imposing a financial sanction under section	22985
2929.18 of the Revised Code or a fine under section 2929.32 of the	22986
Revised Code, the court shall consider the offender's present and	22987
future ability to pay the amount of the sanction or fine.	22988

(6) If the sentencing court sentences the offender to a	22989
sanction of confinement pursuant to section 2929.14 or 2929.16 of	22990
the Revised Code that is to be served in a local detention	22991
facility, as defined in section 2929.36 of the Revised Code, and	22992
if the local detention facility is covered by a policy adopted	22993
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	22994
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	22995
and section 2929.37 of the Revised Code, both of the following	22996
apply:	22997

(a) The court shall specify both of the following as part of	22998
the sentence:	22999

(i) If the offender is presented with an itemized bill	23000
pursuant to section 2929.37 of the Revised Code for payment of the	23001
costs of confinement, the offender is required to pay the bill in	23002
accordance with that section.	23003

(ii) If the offender does not dispute the bill described in	23004
division (B)(6)(a)(i) of this section and does not pay the bill by	23005
the times specified in section 2929.37 of the Revised Code, the	23006
clerk of the court may issue a certificate of judgment against the	23007
offender as described in that section.	23008

(b) The sentence automatically includes any certificate of	23009
judgment issued as described in division (B)(6)(a)(ii) of this	23010
section.	23011

(7) The failure of the court to notify the offender that a	23012
prison term is a mandatory prison term pursuant to division	23013
(B)(2)(a) of this section or to include in the sentencing entry	23014
any information required by division (B)(2)(b) of this section	23015
does not affect the validity of the imposed sentence or sentences.	23016
If the sentencing court notifies the offender at the sentencing	23017
hearing that a prison term is mandatory but the sentencing entry	23018
does not specify that the prison term is mandatory, the court may	23019
complete a corrected journal entry and send copies of the	23020
corrected entry to the offender and the department of	23021
rehabilitation and correction, or, at the request of the state,	23022
the court shall complete a corrected journal entry and send copies	23023
of the corrected entry to the offender and department of	23024
rehabilitation and correction.	23025

(C)(1) If the offender is being sentenced for a fourth degree	23026
felony OVI offense under division (G)(1) of section 2929.13 of the	23027
Revised Code, the court shall impose the mandatory term of local	23028
incarceration in accordance with that division, shall impose a	23029
mandatory fine in accordance with division (B)(3) of section	23030
2929.18 of the Revised Code, and, in addition, may impose	23031
additional sanctions as specified in sections 2929.15, 2929.16,	23032
2929.17, and 2929.18 of the Revised Code. The court shall not	23033
impose a prison term on the offender except that the court may	23034
impose a prison term upon the offender as provided in division	23035
(A)(1) of section 2929.13 of the Revised Code.	23036

(2) If the offender is being sentenced for a third or fourth	23037
degree felony OVI offense under division (G)(2) of section 2929.13	23038
of the Revised Code, the court shall impose the mandatory prison	23039
term in accordance with that division, shall impose a mandatory	23040
fine in accordance with division (B)(3) of section 2929.18 of the	23041
Revised Code, and, in addition, may impose an additional prison	23042
term as specified in section 2929.14 of the Revised Code. In	23043
addition to the mandatory prison term or mandatory prison term and	23044
additional prison term the court imposes, the court also may	23045
impose a community control sanction on the offender, but the	23046
offender shall serve all of the prison terms so imposed prior to	23047
serving the community control sanction.	23048

(D) The sentencing court, pursuant to division (I)(1) of	23049
section 2929.14 of the Revised Code, may recommend placement of	23050
the offender in a program of shock incarceration under section	23051
5120.031 of the Revised Code or an intensive program prison under	23052
section 5120.032 of the Revised Code, disapprove placement of the	23053
offender in a program or prison of that nature, or make no	23054
recommendation. If the court recommends or disapproves placement,	23055
it shall make a finding that gives its reasons for its	23056
recommendation or disapproval.	23057

Sec. 2939.11. The official ~~shorthand~~ reporter of the county,	23058
or any ~~shorthand~~ reporter designated by the court of common pleas,	23059
at the request of the prosecuting attorney, or any such reporter	23060
designated by the attorney general in investigations conducted by	23061
~~him~~the attorney general, may take ~~shorthand~~ notes of or	23062
electronically record testimony before the grand jury, and furnish	23063
a transcript to the prosecuting attorney or the attorney general,	23064
and to no other person. The ~~shorthand~~ reporter shall withdraw from	23065
the jury room before the jurors begin to express their views or	23066
take their vote on the matter before them. Such reporter shall	23067
take an oath to be administered by the judge after the grand jury	23068
is sworn, imposing an obligation of secrecy to not disclose any	23069
testimony taken or heard except to the grand jury, prosecuting	23070
attorney, or attorney general, unless called upon in court to make	23071
disclosures.	23072

Sec. 2945.371. (A) If the issue of a defendant's competence	23073
to stand trial is raised or if a defendant enters a plea of not	23074
guilty by reason of insanity, the court may order one or more	23075
evaluations of the defendant's present mental condition or, in the	23076
case of a plea of not guilty by reason of insanity, of the	23077
defendant's mental condition at the time of the offense charged.	23078
An examiner shall conduct the evaluation.	23079

(B) If the court orders more than one evaluation under	23080
division (A) of this section, the prosecutor and the defendant may	23081
recommend to the court an examiner whom each prefers to perform	23082
one of the evaluations. If a defendant enters a plea of not guilty	23083
by reason of insanity and if the court does not designate an	23084
examiner recommended by the defendant, the court shall inform the	23085
defendant that the defendant may have independent expert	23086
evaluation and that, if the defendant is unable to obtain	23087
independent expert evaluation, it will be obtained for the	23088
defendant at public expense if the defendant is indigent.	23089

(C) If the court orders an evaluation under division (A) of	23090
this section, the defendant shall be available at the times and	23091
places established by the examiners who are to conduct the	23092
evaluation. The court may order a defendant who has been released	23093
on bail or recognizance to submit to an evaluation under this	23094
section. If a defendant who has been released on bail or	23095
recognizance refuses to submit to a complete evaluation, the court	23096
may amend the conditions of bail or recognizance and order the	23097
sheriff to take the defendant into custody and deliver the	23098
defendant to a center, program, or facility operated or certified	23099
by the department of mental health or the department of	23100
developmental disabilities where the defendant may be held for	23101
evaluation for a reasonable period of time not to exceed twenty	23102
days.	23103

(D) A defendant who has not been released on bail or	23104
recognizance may be evaluated at the defendant's place of	23105
detention. Upon the request of the examiner, the court may order	23106
the sheriff to transport the defendant to a program or facility	23107
operated or certified by the department of mental health or the	23108
department of developmental disabilities, where the defendant may	23109
be held for evaluation for a reasonable period of time not to	23110
exceed twenty days, and to return the defendant to the place of	23111
detention after the evaluation. A municipal court may make an	23112
order under this division only upon the request of a certified	23113
forensic center examiner.	23114

(E) If a court orders the evaluation to determine a	23115
defendant's mental condition at the time of the offense charged,	23116
the court shall inform the examiner of the offense with which the	23117
defendant is charged.	23118

(F) In conducting an evaluation of a defendant's mental	23119
condition at the time of the offense charged, the examiner shall	23120
consider all relevant evidence. If the offense charged involves	23121
the use of force against another person, the relevant evidence to	23122
be considered includes, but is not limited to, any evidence that	23123
the defendant suffered, at the time of the commission of the	23124
offense, from the "battered woman syndrome."	23125

(G) The examiner shall file a written report with the court	23126
within thirty days after entry of a court order for evaluation,	23127
and the court shall provide copies of the report to the prosecutor	23128
and defense counsel. The report shall include all of the	23129
following:	23130

(1) The examiner's findings;

23131

(2) The facts in reasonable detail on which the findings are	23132
based;	23133

(3) If the evaluation was ordered to determine the	23134
defendant's competence to stand trial, all of the following	23135
findings or recommendations that are applicable:	23136

(a) Whether the defendant is capable of understanding the	23137
nature and objective of the proceedings against the defendant or	23138
of assisting in the defendant's defense;	23139

(b) If the examiner's opinion is that the defendant is	23140
incapable of understanding the nature and objective of the	23141
proceedings against the defendant or of assisting in the	23142
defendant's defense, whether the defendant presently is mentally	23143
ill or mentally retarded and, if the examiner's opinion is that	23144
the defendant presently is mentally retarded, whether the	23145
defendant appears to be a mentally retarded person subject to	23146
institutionalization by court order;	23147

(c) If the examiner's opinion is that the defendant is	23148
incapable of understanding the nature and objective of the	23149
proceedings against the defendant or of assisting in the	23150
defendant's defense, the examiner's opinion as to the likelihood	23151
of the defendant becoming capable of understanding the nature and	23152
objective of the proceedings against the defendant and of	23153
assisting in the defendant's defense within one year if the	23154
defendant is provided with a course of treatment;	23155

(d) If the examiner's opinion is that the defendant is	23156
incapable of understanding the nature and objective of the	23157
proceedings against the defendant or of assisting in the	23158
defendant's defense and that the defendant presently is mentally	23159
ill or mentally retarded, the examiner's recommendation as to the	23160
least restrictive placement or commitment alternative, consistent	23161
with the defendant's treatment needs for restoration to competency	23162
and with the safety of the community;	23163

~~(e) If the defendant is charged with a misdemeanor offense~~	23164
~~that is not an offense of violence and the examiner's opinion is~~	23165
~~that the defendant is incapable of understanding the nature and~~	23166
~~objective of the proceedings against the defendant or of assisting~~	23167
~~in the defendant's defense and that the defendant is presently~~	23168
~~mentally ill or mentally retarded, the examiner's recommendation~~	23169
~~as to whether the defendant is amenable to engagement in mental~~	23170
~~health treatment or developmental disability services~~.	23171

(4) If the evaluation was ordered to determine the	23172
defendant's mental condition at the time of the offense charged,	23173
the examiner's findings as to whether the defendant, at the time	23174
of the offense charged, did not know, as a result of a severe	23175
mental disease or defect, the wrongfulness of the defendant's acts	23176
charged.	23177

(H) If the examiner's report filed under division (G) of this	23178
section indicates that in the examiner's opinion the defendant is	23179
incapable of understanding the nature and objective of the	23180
proceedings against the defendant or of assisting in the	23181
defendant's defense and that in the examiner's opinion the	23182
defendant appears to be a mentally retarded person subject to	23183
institutionalization by court order, the court shall order the	23184
defendant to undergo a separate mental retardation evaluation	23185
conducted by a psychologist designated by the director of	23186
developmental disabilities. Divisions (C) to (F) of this section	23187
apply in relation to a separate mental retardation evaluation	23188
conducted under this division. The psychologist appointed under	23189
this division to conduct the separate mental retardation	23190
evaluation shall file a written report with the court within	23191
thirty days after the entry of the court order requiring the	23192
separate mental retardation evaluation, and the court shall	23193
provide copies of the report to the prosecutor and defense	23194
counsel. The report shall include all of the information described	23195
in divisions (G)(1) to (4) of this section. If the court orders a	23196
separate mental retardation evaluation of a defendant under this	23197
division, the court shall not conduct a hearing under divisions	23198
(B) to (H) of section 2945.37 of the Revised Code regarding that	23199
defendant until a report of the separate mental retardation	23200
evaluation conducted under this division has been filed. Upon the	23201
filing of that report, the court shall conduct the hearing within	23202
the period of time specified in division (C) of section 2945.37 of	23203
the Revised Code.	23204

(I) An examiner appointed under divisions (A) and (B) of this	23205
section or under division (H) of this section to evaluate a	23206
defendant to determine the defendant's competence to stand trial	23207
also may be appointed to evaluate a defendant who has entered a	23208
plea of not guilty by reason of insanity, but an examiner of that	23209
nature shall prepare separate reports on the issue of competence	23210
to stand trial and the defense of not guilty by reason of	23211
insanity.	23212

(J) No statement that a defendant makes in an evaluation or	23213
hearing under divisions (A) to (H) of this section relating to the	23214
defendant's competence to stand trial or to the defendant's mental	23215
condition at the time of the offense charged shall be used against	23216
the defendant on the issue of guilt in any criminal action or	23217
proceeding, but, in a criminal action or proceeding, the	23218
prosecutor or defense counsel may call as a witness any person who	23219
evaluated the defendant or prepared a report pursuant to a	23220
referral under this section. Neither the appointment nor the	23221
testimony of an examiner appointed under this section precludes	23222
the prosecutor or defense counsel from calling other witnesses or	23223
presenting other evidence on competency or insanity issues.	23224

(K) Persons appointed as examiners under divisions (A) and	23225
(B) of this section or under division (H) of this section shall be	23226
paid a reasonable amount for their services and expenses, as	23227
certified by the court. The certified amount shall be paid by the	23228
county in the case of county courts and courts of common pleas and	23229
by the legislative authority, as defined in section 1901.03 of the	23230
Revised Code, in the case of municipal courts.	23231

Sec. 2945.38. (A) If the issue of a defendant's competence	23232
to stand trial is raised and if the court, upon conducting the	23233
hearing provided for in section 2945.37 of the Revised Code, finds	23234
that the defendant is competent to stand trial, the defendant	23235
shall be proceeded against as provided by law. If the court finds	23236
the defendant competent to stand trial and the defendant is	23237
receiving psychotropic drugs or other medication, the court may	23238
authorize the continued administration of the drugs or medication	23239
or other appropriate treatment in order to maintain the	23240
defendant's competence to stand trial, unless the defendant's	23241
attending physician advises the court against continuation of the	23242
drugs, other medication, or treatment.	23243

(B)(1)(a) If, after taking into consideration all relevant	23244
reports, information, and other evidence, the court finds that the	23245
defendant is incompetent to stand trial and that there is a	23246
substantial probability that the defendant will become competent	23247
to stand trial within one year if the defendant is provided with a	23248
course of treatment, the court shall order the defendant to	23249
undergo treatment. If the defendant has been charged with a felony	23250
offense and if, after taking into consideration all relevant	23251
reports, information, and other evidence, the court finds that the	23252
defendant is incompetent to stand trial, but the court is unable	23253
at that time to determine whether there is a substantial	23254
probability that the defendant will become competent to stand	23255
trial within one year if the defendant is provided with a course	23256
of treatment, the court shall order continuing evaluation and	23257
treatment of the defendant for a period not to exceed four months	23258
to determine whether there is a substantial probability that the	23259
defendant will become competent to stand trial within one year if	23260
the defendant is provided with a course of treatment.	23261

(b) The court order for the defendant to undergo treatment or	23262
continuing evaluation and treatment under division (B)(1)(a) of	23263
this section shall specify that the defendant, if determined to	23264
require mental health treatment or continuing evaluation and	23265
treatment, either shall be committed to the department of mental	23266
health for treatment or continuing evaluation and treatment at a	23267
hospital, facility, or agency, as determined to be clinically	23268
appropriate by the department of mental health ~~and~~or shall be	23269
committed to a facility certified by the department of mental	23270
health as being qualified to treat mental illness, to a public or	23271
community mental health facility, or to a psychiatrist or another	23272
mental health professional for treatment or continuing evaluation	23273
and treatment. Prior to placing the defendant, the department of	23274
mental health shall obtain court approval for that placement	23275
following a hearing. The court order for the defendant to undergo	23276
treatment or continuing evaluation and treatment under division	23277
(B)(1)(a) of this section shall specify that the defendant, if	23278
determined to require treatment or continuing evaluation and	23279
treatment for ~~a developmental disability~~mental retardation,	23280
shall receive treatment or continuing evaluation and treatment at	23281
an institution or facility operated by the department of	23282
developmental disabilities, at a facility certified by the	23283
department of developmental disabilities as being qualified to	23284
treat mental retardation, at a public or private ~~community~~ mental	23285
retardation facility, or by a psychiatrist or another mental	23286
retardation professional. ~~The~~In any case, the order may restrict	23287
the defendant's freedom of movement as the court considers	23288
necessary. The prosecutor in the defendant's case shall send to	23289
the chief clinical officer of the hospital, facility, or agency	23290
where the defendant is placed by the department of mental health,	23291
or to the managing officer of the institution, the director of the	23292
program or facility, or the person to which the defendant is	23293
committed, copies of relevant police reports and other background	23294
information that pertains to the defendant and is available to the	23295
prosecutor unless the prosecutor determines that the release of	23296
any of the information in the police reports or any of the other	23297
background information to unauthorized persons would interfere	23298
with the effective prosecution of any person or would create a	23299
substantial risk of harm to any person.	23300

In ~~committing the defendant to the department of mental~~	23301
~~health, the court shall consider the extent to which the person is~~	23302
~~a danger to the person and to others, the need for security, and~~	23303
~~the type of crime involved and, if the court finds that~~	23304
~~restrictions on the defendant's freedom of movement are necessary,~~	23305
~~shall specify the least restrictive limitations on the person's~~	23306
~~freedom of movement determined to be necessary to protect public~~	23307
~~safety. In~~ determining the place of commitment ~~alternatives for~~	23308
~~defendants determined to require treatment or continuing~~	23309
~~evaluation and treatment for developmental disabilities~~, the court	23310
shall consider the extent to which the person is a danger to the	23311
person and to others, the need for security, and the type of crime	23312
involved and shall order the least restrictive alternative	23313
available that is consistent with public safety and treatment	23314
goals. In weighing these factors, the court shall give preference	23315
to protecting public safety.	23316

(c) If the defendant is found incompetent to stand trial, if	23317
the chief clinical officer of the hospital, facility, or agency	23318
where the defendant is placed, or the managing officer of the	23319
institution, the director of the program or facility, or the	23320
person to which the defendant is committed for treatment or	23321
continuing evaluation and treatment under division (B)(1)(b) of	23322
this section determines that medication is necessary to restore	23323
the defendant's competency to stand trial, and if the defendant	23324
lacks the capacity to give informed consent or refuses medication,	23325
the chief clinical officer of the hospital, facility, or agency	23326
where the defendant is placed, or the managing officer of the	23327
institution, the director of the program or facility, or the	23328
person to which the defendant is committed for treatment or	23329
continuing evaluation and treatment may petition the court for	23330
authorization for the involuntary administration of medication.	23331
The court shall hold a hearing on the petition within five days of	23332
the filing of the petition if the petition was filed in a	23333
municipal court or a county court regarding an incompetent	23334
defendant charged with a misdemeanor or within ten days of the	23335
filing of the petition if the petition was filed in a court of	23336
common pleas regarding an incompetent defendant charged with a	23337
felony offense. Following the hearing, the court may authorize the	23338
involuntary administration of medication or may dismiss the	23339
petition.	23340

~~(d) If the defendant is charged with a misdemeanor offense~~	23341
~~that is not an offense of violence, the prosecutor may hold the~~	23342
~~charges in abeyance while the defendant engages in mental health~~	23343
~~treatment or developmental disability services.~~	23344

(2) If the court finds that the defendant is incompetent to	23345
stand trial and that, even if the defendant is provided with a	23346
course of treatment, there is not a substantial probability that	23347
the defendant will become competent to stand trial within one	23348
year, the court shall order the discharge of the defendant, unless	23349
upon motion of the prosecutor or on its own motion, the court	23350
either seeks to retain jurisdiction over the defendant pursuant to	23351
section 2945.39 of the Revised Code or files an affidavit in the	23352
probate court for the civil commitment of the defendant pursuant	23353
to Chapter 5122. or 5123. of the Revised Code alleging that the	23354
defendant is a mentally ill person subject to hospitalization by	23355
court order or a mentally retarded person subject to	23356
institutionalization by court order. If an affidavit is filed in	23357
the probate court, the trial court shall send to the probate court	23358
copies of all written reports of the defendant's mental condition	23359
that were prepared pursuant to section 2945.371 of the Revised	23360
Code.	23361

The trial court may issue the temporary order of detention	23362
that a probate court may issue under section 5122.11 or 5123.71 of	23363
the Revised Code, to remain in effect until the probable cause or	23364
initial hearing in the probate court. Further proceedings in the	23365
probate court are civil proceedings governed by Chapter 5122. or	23366
5123. of the Revised Code.	23367

(C) No defendant shall be required to undergo treatment,	23368
including any continuing evaluation and treatment, under division	23369
(B)(1) of this section for longer than whichever of the following	23370
periods is applicable:	23371

(1) One year, if the most serious offense with which the	23372
defendant is charged is one of the following offenses:	23373

(a) Aggravated murder, murder, or an offense of violence for	23374
which a sentence of death or life imprisonment may be imposed;	23375

(b) An offense of violence that is a felony of the first or	23376
second degree;	23377

(c) A conspiracy to commit, an attempt to commit, or	23378
complicity in the commission of an offense described in division	23379
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	23380
complicity is a felony of the first or second degree.	23381

(2) Six months, if the most serious offense with which the	23382
defendant is charged is a felony other than a felony described in	23383
division (C)(1) of this section;	23384

(3) Sixty days, if the most serious offense with which the	23385
defendant is charged is a misdemeanor of the first or second	23386
degree;	23387

(4) Thirty days, if the most serious offense with which the	23388
defendant is charged is a misdemeanor of the third or fourth	23389
degree, a minor misdemeanor, or an unclassified misdemeanor.	23390

(D) Any defendant who is committed pursuant to this section	23391
shall not voluntarily admit the defendant or be voluntarily	23392
admitted to a hospital or institution pursuant to section 5122.02,	23393
5122.15, 5123.69, or 5123.76 of the Revised Code.	23394

(E) Except as otherwise provided in this division, a	23395
defendant who is charged with an offense and is committed by the	23396
court under this section to the department of mental health ~~with~~	23397
~~restrictions on the defendant's freedom of movement~~ or is	23398
committed to an institution or facility for the treatment of	23399
~~developmental disabilities~~mental retardation shall not be granted	23400
unsupervised on-grounds movement, supervised off-grounds movement,	23401
or nonsecured status except in accordance with the court order.	23402
The court may grant a defendant supervised off-grounds movement to	23403
obtain medical treatment or specialized habilitation treatment	23404
services if the person who supervises the treatment or the	23405
continuing evaluation and treatment of the defendant ordered under	23406
division (B)(1)(a) of this section informs the court that the	23407
treatment or continuing evaluation and treatment cannot be	23408
provided at the hospital or facility where the defendant is placed	23409
by the department of mental health or the institution or facility	23410
to which the defendant is committed. The chief clinical officer of	23411
the hospital or facility where the defendant is placed by the	23412
department of mental health or the managing officer of the	23413
institution or director of the facility to which the defendant is	23414
committed, or a designee of any of those persons, may grant a	23415
defendant movement to a medical facility for an emergency medical	23416
situation with appropriate supervision to ensure the safety of the	23417
defendant, staff, and community during that emergency medical	23418
situation. The chief clinical officer of the hospital or facility	23419
where the defendant is placed by the department of mental health	23420
or the managing officer of the institution or director of the	23421
facility to which the defendant is committed shall notify the	23422
court within twenty-four hours of the defendant's movement to the	23423
medical facility for an emergency medical situation under this	23424
division.	23425

(F) The person who supervises the treatment or continuing	23426
evaluation and treatment of a defendant ordered to undergo	23427
treatment or continuing evaluation and treatment under division	23428
(B)(1)(a) of this section shall file a written report with the	23429
court at the following times:	23430

(1) Whenever the person believes the defendant is capable of	23431
understanding the nature and objective of the proceedings against	23432
the defendant and of assisting in the defendant's defense;	23433

(2) For a felony offense, fourteen days before expiration of	23434
the maximum time for treatment as specified in division (C) of	23435
this section and fourteen days before the expiration of the	23436
maximum time for continuing evaluation and treatment as specified	23437
in division (B)(1)(a) of this section, and, for a misdemeanor	23438
offense, ten days before the expiration of the maximum time for	23439
treatment, as specified in division (C) of this section;	23440

(3) At a minimum, after each six months of treatment;

23441

(4) Whenever the person who supervises the treatment or	23442
continuing evaluation and treatment of a defendant ordered under	23443
division (B)(1)(a) of this section believes that there is not a	23444
substantial probability that the defendant will become capable of	23445
understanding the nature and objective of the proceedings against	23446
the defendant or of assisting in the defendant's defense even if	23447
the defendant is provided with a course of treatment.	23448

(G) A report under division (F) of this section shall contain	23449
the examiner's findings, the facts in reasonable detail on which	23450
the findings are based, and the examiner's opinion as to the	23451
defendant's capability of understanding the nature and objective	23452
of the proceedings against the defendant and of assisting in the	23453
defendant's defense. If, in the examiner's opinion, the defendant	23454
remains incapable of understanding the nature and objective of the	23455
proceedings against the defendant and of assisting in the	23456
defendant's defense and there is a substantial probability that	23457
the defendant will become capable of understanding the nature and	23458
objective of the proceedings against the defendant and of	23459
assisting in the defendant's defense if the defendant is provided	23460
with a course of treatment, if in the examiner's opinion the	23461
defendant remains mentally ill or mentally retarded, and if the	23462
maximum time for treatment as specified in division (C) of this	23463
section has not expired, the report also shall contain the	23464
examiner's recommendation as to the least restrictive placement or	23465
commitment alternative that is consistent with the defendant's	23466
treatment needs for restoration to competency and with the safety	23467
of the community. The court shall provide copies of the report to	23468
the prosecutor and defense counsel.	23469

(H) If a defendant is committed pursuant to division (B)(1)	23470
of this section, within ten days after the treating physician of	23471
the defendant or the examiner of the defendant who is employed or	23472
retained by the treating facility advises that there is not a	23473
substantial probability that the defendant will become capable of	23474
understanding the nature and objective of the proceedings against	23475
the defendant or of assisting in the defendant's defense even if	23476
the defendant is provided with a course of treatment, within ten	23477
days after the expiration of the maximum time for treatment as	23478
specified in division (C) of this section, within ten days after	23479
the expiration of the maximum time for continuing evaluation and	23480
treatment as specified in division (B)(1)(a) of this section,	23481
within thirty days after a defendant's request for a hearing that	23482
is made after six months of treatment, or within thirty days after	23483
being advised by the treating physician or examiner that the	23484
defendant is competent to stand trial, whichever is the earliest,	23485
the court shall conduct another hearing to determine if the	23486
defendant is competent to stand trial and shall do whichever of	23487
the following is applicable:	23488

(1) If the court finds that the defendant is competent to	23489
stand trial, the defendant shall be proceeded against as provided	23490
by law.	23491

(2) If the court finds that the defendant is incompetent to	23492
stand trial, but that there is a substantial probability that the	23493
defendant will become competent to stand trial if the defendant is	23494
provided with a course of treatment, and the maximum time for	23495
treatment as specified in division (C) of this section has not	23496
expired, the court, after consideration of the examiner's	23497
recommendation, shall order that treatment be continued, may	23498
change the ~~least restrictive limitations on the defendant's~~	23499
~~freedom of movement~~facility or program at which the treatment is	23500
to be continued, and~~, if applicable,~~ shall specify whether the	23501
treatment ~~for developmental disabilities~~ is to be continued at the	23502
same or a different facility or ~~institution~~program.	23503

(3) If the court finds that the defendant is incompetent to	23504
stand trial, if the defendant is charged with an offense listed in	23505
division (C)(1) of this section, and if the court finds that there	23506
is not a substantial probability that the defendant will become	23507
competent to stand trial even if the defendant is provided with a	23508
course of treatment, or if the maximum time for treatment relative	23509
to that offense as specified in division (C) of this section has	23510
expired, further proceedings shall be as provided in sections	23511
2945.39, 2945.401, and 2945.402 of the Revised Code.	23512

(4) If the court finds that the defendant is incompetent to	23513
stand trial, if the most serious offense with which the defendant	23514
is charged is a misdemeanor or a felony other than a felony listed	23515
in division (C)(1) of this section, and if the court finds that	23516
there is not a substantial probability that the defendant will	23517
become competent to stand trial even if the defendant is provided	23518
with a course of treatment, or if the maximum time for treatment	23519
relative to that offense as specified in division (C) of this	23520
section has expired, the court shall dismiss the indictment,	23521
information, or complaint against the defendant. A dismissal under	23522
this division is not a bar to further prosecution based on the	23523
same conduct. The court shall discharge the defendant unless the	23524
court or prosecutor files an affidavit in probate court for civil	23525
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	23526
If an affidavit for civil commitment is filed, the court may	23527
detain the defendant for ten days pending civil commitment. All of	23528
the following provisions apply to persons charged with a	23529
misdemeanor or a felony other than a felony listed in division	23530
(C)(1) of this section who are committed by the probate court	23531
subsequent to the court's or prosecutor's filing of an affidavit	23532
for civil commitment under authority of this division:	23533

(a) The chief clinical officer of the entity, hospital, or	23534
facility, the managing officer of the institution, the director of	23535
the program, or the person to which the defendant is committed or	23536
admitted shall do all of the following:	23537

(i) Notify the prosecutor, in writing, of the discharge of	23538
the defendant, send the notice at least ten days prior to the	23539
discharge unless the discharge is by the probate court, and state	23540
in the notice the date on which the defendant will be discharged;	23541

(ii) Notify the prosecutor, in writing, when the defendant is	23542
absent without leave or is granted unsupervised, off-grounds	23543
movement, and send this notice promptly after the discovery of the	23544
absence without leave or prior to the granting of the	23545
unsupervised, off-grounds movement, whichever is applicable;	23546

(iii) Notify the prosecutor, in writing, of the change of the	23547
defendant's commitment or admission to voluntary status, send the	23548
notice promptly upon learning of the change to voluntary status,	23549
and state in the notice the date on which the defendant was	23550
committed or admitted on a voluntary status.	23551

(b) Upon receiving notice that the defendant will be granted	23552
unsupervised, off-grounds movement, the prosecutor either shall	23553
re-indict the defendant or promptly notify the court that the	23554
prosecutor does not intend to prosecute the charges against the	23555
defendant.	23556

(I) If a defendant is convicted of a crime and sentenced to a	23557
jail or workhouse, the defendant's sentence shall be reduced by	23558
the total number of days the defendant is confined for evaluation	23559
to determine the defendant's competence to stand trial or	23560
treatment under this section and sections 2945.37 and 2945.371 of	23561
the Revised Code or by the total number of days the defendant is	23562
confined for evaluation to determine the defendant's mental	23563
condition at the time of the offense charged.	23564

Sec. 2945.39. (A) If a defendant who is charged with an	23565
offense described in division (C)(1) of section 2945.38 of the	23566
Revised Code is found incompetent to stand trial, after the	23567
expiration of the maximum time for treatment as specified in	23568
division (C) of that section or after the court finds that there	23569
is not a substantial probability that the defendant will become	23570
competent to stand trial even if the defendant is provided with a	23571
course of treatment, one of the following applies:	23572

(1) The court or the prosecutor may file an affidavit in	23573
probate court for civil commitment of the defendant in the manner	23574
provided in Chapter 5122. or 5123. of the Revised Code. If the	23575
court or prosecutor files an affidavit for civil commitment, the	23576
court may detain the defendant for ten days pending civil	23577
commitment. If the probate court commits the defendant subsequent	23578
to the court's or prosecutor's filing of an affidavit for civil	23579
commitment, the chief clinical officer of the entity, hospital, or	23580
facility, the managing officer of the institution, the director of	23581
the program, or the person to which the defendant is committed or	23582
admitted shall send to the prosecutor the notices described in	23583
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	23584
Code within the periods of time and under the circumstances	23585
specified in those divisions.	23586

(2) On the motion of the prosecutor or on its own motion, the	23587
court may retain jurisdiction over the defendant if, at a hearing,	23588
the court finds both of the following by clear and convincing	23589
evidence:	23590

(a) The defendant committed the offense with which the	23591
defendant is charged.	23592

(b) The defendant is a mentally ill person subject to	23593
hospitalization by court order or a mentally retarded person	23594
subject to institutionalization by court order.	23595

(B) In making its determination under division (A)(2) of this	23596
section as to whether to retain jurisdiction over the defendant,	23597
the court may consider all relevant evidence, including, but not	23598
limited to, any relevant psychiatric, psychological, or medical	23599
testimony or reports, the acts constituting the offense charged,	23600
and any history of the defendant that is relevant to the	23601
defendant's ability to conform to the law.	23602

(C) If the court conducts a hearing as described in division	23603
(A)(2) of this section and if the court does not make both	23604
findings described in divisions (A)(2)(a) and (b) of this section	23605
by clear and convincing evidence, the court shall dismiss the	23606
indictment, information, or complaint against the defendant. Upon	23607
the dismissal, the court shall discharge the defendant unless the	23608
court or prosecutor files an affidavit in probate court for civil	23609
commitment of the defendant pursuant to Chapter 5122. or 5123. of	23610
the Revised Code. If the court or prosecutor files an affidavit	23611
for civil commitment, the court may order that the defendant be	23612
detained for up to ten days pending the civil commitment. If the	23613
probate court commits the defendant subsequent to the court's or	23614
prosecutor's filing of an affidavit for civil commitment, the	23615
chief clinical officer of the entity, hospital, or facility, the	23616
managing officer of the institution, the director of the program,	23617
or the person to which the defendant is committed or admitted	23618
shall send to the prosecutor the notices described in divisions	23619
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	23620
within the periods of time and under the circumstances specified	23621
in those divisions. A dismissal of charges under this division is	23622
not a bar to further criminal proceedings based on the same	23623
conduct.	23624

(D)(1) If the court conducts a hearing as described in	23625
division (A)(2) of this section and if the court makes the	23626
findings described in divisions (A)(2)(a) and (b) of this section	23627
by clear and convincing evidence, the court shall commit the	23628
defendant, if determined to require mental health treatment,	23629
either to the department of mental health for treatment at a	23630
hospital, facility, or agency as determined clinically appropriate	23631
by the department of mental health or to another medical or	23632
psychiatric facility, as appropriate. Prior to placing the	23633
defendant, the department of mental health shall obtain court	23634
approval for that placement. If the court conducts such a hearing	23635
and if it makes those findings by clear and convincing evidence,	23636
the court shall commit the defendant, if determined to require	23637
treatment for ~~developmental disabilities~~mental retardation, to a	23638
facility operated by the department of developmental disabilities,	23639
or another facility, as appropriate. ~~In committing the defendant~~	23640
~~to the department of mental health, the court shall specify the~~	23641
~~least restrictive limitations on the defendant's freedom of~~	23642
~~movement determined to be necessary to protect public safety. In~~	23643
~~determining the place and nature of the commitment to a facility~~	23644
~~operated by the department of developmental disabilities or~~	23645
~~another facility for treatment of developmental disabilities, the~~	23646
~~court~~In determining the place of commitment, the court shall	23647
consider the extent to which the person is a danger to the person	23648
and to others, the need for security, and the type of crime	23649
involved and shall order the least restrictive ~~commitment~~	23650
alternative available that is consistent with public safety and	23651
the welfare of the defendant. In weighing these factors, the court	23652
shall give preference to protecting public safety.	23653

(2) If a court makes a commitment of a defendant under	23654
division (D)(1) of this section, the prosecutor shall send to the	23655
hospital, facility, or agency where the defendant is placed by the	23656
department of mental health or to the defendant's place of	23657
commitment all reports of the defendant's current mental condition	23658
and, except as otherwise provided in this division, any other	23659
relevant information, including, but not limited to, a transcript	23660
of the hearing held pursuant to division (A)(2) of this section,	23661
copies of relevant police reports, and copies of any prior arrest	23662
and conviction records that pertain to the defendant and that the	23663
prosecutor possesses. The prosecutor shall send the reports of the	23664
defendant's current mental condition in every case of commitment,	23665
and, unless the prosecutor determines that the release of any of	23666
the other relevant information to unauthorized persons would	23667
interfere with the effective prosecution of any person or would	23668
create a substantial risk of harm to any person, the prosecutor	23669
also shall send the other relevant information. Upon admission of	23670
a defendant committed under division (D)(1) of this section, the	23671
place of commitment shall send to the board of alcohol, drug	23672
addiction, and mental health services or the community mental	23673
health board serving the county in which the charges against the	23674
defendant were filed a copy of all reports of the defendant's	23675
current mental condition and a copy of the other relevant	23676
information provided by the prosecutor under this division,	23677
including, if provided, a transcript of the hearing held pursuant	23678
to division (A)(2) of this section, the relevant police reports,	23679
and the prior arrest and conviction records that pertain to the	23680
defendant and that the prosecutor possesses.	23681

(3) If a court makes a commitment under division (D)(1) of	23682
this section, all further proceedings shall be in accordance with	23683
sections 2945.401 and 2945.402 of the Revised Code.	23684

Sec. 2945.40. (A) If a person is found not guilty by reason	23685
of insanity, the verdict shall state that finding, and the trial	23686
court shall conduct a full hearing to determine whether the person	23687
is a mentally ill person subject to hospitalization by court order	23688
or a mentally retarded person subject to institutionalization by	23689
court order. Prior to the hearing, if the trial judge believes	23690
that there is probable cause that the person found not guilty by	23691
reason of insanity is a mentally ill person subject to	23692
hospitalization by court order or mentally retarded person subject	23693
to institutionalization by court order, the trial judge may issue	23694
a temporary order of detention for that person to remain in effect	23695
for ten court days or until the hearing, whichever occurs first.	23696

Any person detained pursuant to a temporary order of	23697
detention issued under this division shall be held in a suitable	23698
facility, taking into consideration the place and type of	23699
confinement prior to and during trial.	23700

(B) The court shall hold the hearing under division (A) of	23701
this section to determine whether the person found not guilty by	23702
reason of insanity is a mentally ill person subject to	23703
hospitalization by court order or a mentally retarded person	23704
subject to institutionalization by court order within ten court	23705
days after the finding of not guilty by reason of insanity.	23706
Failure to conduct the hearing within the ten-day period shall	23707
cause the immediate discharge of the respondent, unless the judge	23708
grants a continuance for not longer than ten court days for good	23709
cause shown or for any period of time upon motion of the	23710
respondent.	23711

(C) If a person is found not guilty by reason of insanity,	23712
the person has the right to attend all hearings conducted pursuant	23713
to sections 2945.37 to 2945.402 of the Revised Code. At any	23714
hearing conducted pursuant to one of those sections, the court	23715
shall inform the person that the person has all of the following	23716
rights:	23717

(1) The right to be represented by counsel and to have that	23718
counsel provided at public expense if the person is indigent, with	23719
the counsel to be appointed by the court under Chapter 120. of the	23720
Revised Code or under the authority recognized in division (C) of	23721
section 120.06, division (E) of section 120.16, division (E) of	23722
section 120.26, or section 2941.51 of the Revised Code;	23723

(2) The right to have independent expert evaluation and to	23724
have that independent expert evaluation provided at public expense	23725
if the person is indigent;	23726

(3) The right to subpoena witnesses and documents, to present	23727
evidence on the person's behalf, and to cross-examine witnesses	23728
against the person;	23729

(4) The right to testify in the person's own behalf and to	23730
not be compelled to testify;	23731

(5) The right to have copies of any relevant medical or	23732
mental health document in the custody of the state or of any place	23733
of commitment other than a document for which the court finds that	23734
the release to the person of information contained in the document	23735
would create a substantial risk of harm to any person.	23736

(D) The hearing under division (A) of this section shall be	23737
open to the public, and the court shall conduct the hearing in	23738
accordance with the Rules of Civil Procedure. The court shall make	23739
and maintain a full transcript and record of the hearing	23740
proceedings. The court may consider all relevant evidence,	23741
including, but not limited to, any relevant psychiatric,	23742
psychological, or medical testimony or reports, the acts	23743
constituting the offense in relation to which the person was found	23744
not guilty by reason of insanity, and any history of the person	23745
that is relevant to the person's ability to conform to the law.	23746

(E) Upon completion of the hearing under division (A) of this	23747
section, if the court finds there is not clear and convincing	23748
evidence that the person is a mentally ill person subject to	23749
hospitalization by court order or a mentally retarded person	23750
subject to institutionalization by court order, the court shall	23751
discharge the person, unless a detainer has been placed upon the	23752
person by the department of rehabilitation and correction, in	23753
which case the person shall be returned to that department.	23754

(F) If, at the hearing under division (A) of this section,	23755
the court finds by clear and convincing evidence that the person	23756
is a mentally ill person subject to hospitalization by court	23757
order, the court shall commit the person either to the department	23758
of mental health for ~~placement~~treatment in a hospital, facility,	23759
or agency as determined clinically appropriate by the department	23760
of mental health or to another medical or psychiatric facility, as	23761
appropriate. Prior to placing the defendant, the department of	23762
mental health shall obtain court approval for that placement. If,	23763
at the hearing under division (A) of this section, the court ~~finds~~	23764
determines by clear and convincing evidence that the person ~~is a~~	23765
~~mentally retarded person subject to institutionalization by court~~	23766
~~order~~requires treatment for mental retardation, it shall commit	23767
the person to a facility operated by the department of	23768
developmental disabilities or another facility, as appropriate.	23769
Further proceedings shall be in accordance with sections 2945.401	23770
and 2945.402 of the Revised Code. ~~In committing the person to the~~	23771
~~department of mental health, the court shall specify the least~~	23772
~~restrictive limitations to the defendant's freedom of movement~~	23773
~~determined to be necessary to protect public safety.~~ In	23774
determining the place ~~and nature~~ of ~~the~~ commitment ~~of a mentally~~	23775
~~retarded person subject to institutionalization by court order~~,	23776
the court shall consider the extent to which the person is a	23777
danger to the person and to others, the need for security, and the	23778
type of crime involved and shall order the least restrictive	23779
~~commitment~~ alternative available that is consistent with public	23780
safety and the welfare of the person. In weighing these factors,	23781
the court shall give preference to protecting public safety.	23782

(G) If a court makes a commitment of a person under division	23783
(F) of this section, the prosecutor shall send to the hospital,	23784
facility, or agency where the person is placed by the department	23785
of mental health or to the defendant's place of commitment all	23786
reports of the person's current mental condition, and, except as	23787
otherwise provided in this division, any other relevant	23788
information, including, but not limited to, a transcript of the	23789
hearing held pursuant to division (A) of this section, copies of	23790
relevant police reports, and copies of any prior arrest and	23791
conviction records that pertain to the person and that the	23792
prosecutor possesses. The prosecutor shall send the reports of the	23793
person's current mental condition in every case of commitment,	23794
and, unless the prosecutor determines that the release of any of	23795
the other relevant information to unauthorized persons would	23796
interfere with the effective prosecution of any person or would	23797
create a substantial risk of harm to any person, the prosecutor	23798
also shall send the other relevant information. Upon admission of	23799
a person committed under division (F) of this section, the place	23800
of commitment shall send to the board of alcohol, drug addiction,	23801
and mental health services or the community mental health board	23802
serving the county in which the charges against the person were	23803
filed a copy of all reports of the person's current mental	23804
condition and a copy of the other relevant information provided by	23805
the prosecutor under this division, including, if provided, a	23806
transcript of the hearing held pursuant to division (A) of this	23807
section, the relevant police reports, and the prior arrest and	23808
conviction records that pertain to the person and that the	23809
prosecutor possesses.	23810

(H) A person who is committed pursuant to this section shall	23811
not voluntarily admit the person or be voluntarily admitted to a	23812
hospital or institution pursuant to section 5122.02, 5122.15,	23813
5123.69, or 5123.76 of the Revised Code.	23814

Sec. 2945.401. (A) A defendant found incompetent to stand	23815
trial and committed pursuant to section 2945.39 of the Revised	23816
Code or a person found not guilty by reason of insanity and	23817
committed pursuant to section 2945.40 of the Revised Code shall	23818
remain subject to the jurisdiction of the trial court pursuant to	23819
that commitment, and to the provisions of this section, until the	23820
final termination of the commitment as described in division	23821
(J)(1) of this section. If the jurisdiction is terminated under	23822
this division because of the final termination of the commitment	23823
resulting from the expiration of the maximum prison term or term	23824
of imprisonment described in division (J)(1)(b) of this section,	23825
the court or prosecutor may file an affidavit for the civil	23826
commitment of the defendant or person pursuant to Chapter 5122. or	23827
5123. of the Revised Code.	23828

(B) A hearing conducted under any provision of sections	23829
2945.37 to 2945.402 of the Revised Code shall not be conducted in	23830
accordance with Chapters 5122. and 5123. of the Revised Code. Any	23831
person who is committed pursuant to section 2945.39 or 2945.40 of	23832
the Revised Code shall not voluntarily admit the person or be	23833
voluntarily admitted to a hospital or institution pursuant to	23834
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	23835
All other provisions of Chapters 5122. and 5123. of the Revised	23836
Code regarding hospitalization or institutionalization shall apply	23837
to the extent they are not in conflict with this chapter. A	23838
commitment under section 2945.39 or 2945.40 of the Revised Code	23839
shall not be terminated and the conditions of the commitment shall	23840
not be changed except as otherwise provided in division (D)(2) of	23841
this section with respect to a mentally retarded person subject to	23842
institutionalization by court order or except by order of the	23843
trial court.	23844

(C) The department of mental health or the institution or,	23845
facility, or program to which a defendant or person has been	23846
committed under section 2945.39 or 2945.40 of the Revised Code	23847
shall report in writing to the trial court, at the times specified	23848
in this division, as to whether the defendant or person remains a	23849
mentally ill person subject to hospitalization by court order or a	23850
mentally retarded person subject to institutionalization by court	23851
order and, in the case of a defendant committed under section	23852
2945.39 of the Revised Code, as to whether the defendant remains	23853
incompetent to stand trial. The department, institution, or	23854
facility, or program shall make the reports after the initial six	23855
months of treatment and every two years after the initial report	23856
is made. The trial court shall provide copies of the reports to	23857
the prosecutor and to the counsel for the defendant or person.	23858
Within thirty days after its receipt pursuant to this division of	23859
a report from the department, institution, or facility, or	23860
program, the trial court shall hold a hearing on the continued	23861
commitment of the defendant or person or on any changes in the	23862
conditions of the commitment of the defendant or person. The	23863
defendant or person may request a change in the conditions of	23864
confinement, and the trial court shall conduct a hearing on that	23865
request if six months or more have elapsed since the most recent	23866
hearing was conducted under this section.	23867

(D)(1) Except as otherwise provided in division (D)(2) of	23868
this section, when a defendant or person has been committed under	23869
section 2945.39 or 2945.40 of the Revised Code, at any time after	23870
evaluating the risks to public safety and the welfare of the	23871
defendant or person, the designee of the department of mental	23872
health or the managing officer of the institution or director of	23873
the facility or program to which the defendant or person is	23874
committed may recommend a termination of the defendant's or	23875
person's commitment or a change in the conditions of the	23876
defendant's or person's commitment.	23877

Except as otherwise provided in division (D)(2) of this	23878
section, if the designee of the department of mental health	23879
recommends on-grounds unsupervised movement, off-grounds	23880
supervised movement, or nonsecured status for the defendant or	23881
person or termination of the defendant's or person's commitment,	23882
the following provisions apply:	23883

(a) If the department's designee recommends on-grounds	23884
unsupervised movement or off-grounds supervised movement, the	23885
department's designee shall file with the trial court an	23886
application for approval of the movement and shall send a copy of	23887
the application to the prosecutor. Within fifteen days after	23888
receiving the application, the prosecutor may request a hearing on	23889
the application and, if a hearing is requested, shall so inform	23890
the department's designee. If the prosecutor does not request a	23891
hearing within the fifteen-day period, the trial court shall	23892
approve the application by entering its order approving the	23893
requested movement or, within five days after the expiration of	23894
the fifteen-day period, shall set a date for a hearing on the	23895
application. If the prosecutor requests a hearing on the	23896
application within the fifteen-day period, the trial court shall	23897
hold a hearing on the application within thirty days after the	23898
hearing is requested. If the trial court, within five days after	23899
the expiration of the fifteen-day period, sets a date for a	23900
hearing on the application, the trial court shall hold the hearing	23901
within thirty days after setting the hearing date. At least	23902
fifteen days before any hearing is held under this division, the	23903
trial court shall give the prosecutor written notice of the date,	23904
time, and place of the hearing. At the conclusion of each hearing	23905
conducted under this division, the trial court either shall	23906
approve or disapprove the application and shall enter its order	23907
accordingly.	23908

(b) If the department's designee recommends termination of	23909
the defendant's or person's commitment at any time or if the	23910
department's designee recommends the first of any nonsecured	23911
status for the defendant or person, the department's designee	23912
shall send written notice of this recommendation to the trial	23913
court and to the local forensic center. The local forensic center	23914
shall evaluate the committed defendant or person and, within	23915
thirty days after its receipt of the written notice, shall submit	23916
to the trial court and the department's designee a written report	23917
of the evaluation. The trial court shall provide a copy of the	23918
department's designee's written notice and of the local forensic	23919
center's written report to the prosecutor and to the counsel for	23920
the defendant or person. Upon the local forensic center's	23921
submission of the report to the trial court and the department's	23922
designee, all of the following apply:	23923

(i) If the forensic center disagrees with the recommendation	23924
of the department's designee, it shall inform the department's	23925
designee and the trial court of its decision and the reasons for	23926
the decision. The department's designee, after consideration of	23927
the forensic center's decision, shall either withdraw, proceed	23928
with, or modify and proceed with the recommendation. If the	23929
department's designee proceeds with, or modifies and proceeds	23930
with, the recommendation, the department's designee shall proceed	23931
in accordance with division (D)(1)(b)(iii) of this section.	23932

(ii) If the forensic center agrees with the recommendation of	23933
the department's designee, it shall inform the department's	23934
designee and the trial court of its decision and the reasons for	23935
the decision, and the department's designee shall proceed in	23936
accordance with division (D)(1)(b)(iii) of this section.	23937

(iii) If the forensic center disagrees with the	23938
recommendation of the department's designee and the department's	23939
designee proceeds with, or modifies and proceeds with, the	23940
recommendation or if the forensic center agrees with the	23941
recommendation of the department's designee, the department's	23942
designee shall work with community mental health agencies,	23943
programs, facilities, or boards of alcohol, drug addiction, and	23944
mental health services or community mental health boards to	23945
develop a plan to implement the recommendation. If the defendant	23946
or person is on medication, the plan shall include, but shall not	23947
be limited to, a system to monitor the defendant's or person's	23948
compliance with the prescribed medication treatment plan. The	23949
system shall include a schedule that clearly states when the	23950
defendant or person shall report for a medication compliance	23951
check. The medication compliance checks shall be based upon the	23952
effective duration of the prescribed medication, taking into	23953
account the route by which it is taken, and shall be scheduled at	23954
intervals sufficiently close together to detect a potential	23955
increase in mental illness symptoms that the medication is	23956
intended to prevent.	23957

The department's designee, after consultation with the board	23958
of alcohol, drug addiction, and mental health services or the	23959
community mental health board serving the area, shall send the	23960
recommendation and plan developed under division (D)(1)(b)(iii) of	23961
this section, in writing, to the trial court, the prosecutor, and	23962
the counsel for the committed defendant or person. The trial court	23963
shall conduct a hearing on the recommendation and plan developed	23964
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	23965
and (d) and (E) to (J) of this section apply regarding the	23966
hearing.	23967

(c) If the department's designee's recommendation is for	23968
nonsecured status or termination of commitment, the prosecutor may	23969
obtain an independent expert evaluation of the defendant's or	23970
person's mental condition, and the trial court may continue the	23971
hearing on the recommendation for a period of not more than thirty	23972
days to permit time for the evaluation.	23973

The prosecutor may introduce the evaluation report or present	23974
other evidence at the hearing in accordance with the Rules of	23975
Evidence.	23976

(d) The trial court shall schedule the hearing on a	23977
department's designee's recommendation for nonsecured status or	23978
termination of commitment and shall give reasonable notice to the	23979
prosecutor and the counsel for the defendant or person. Unless	23980
continued for independent evaluation at the prosecutor's request	23981
or for other good cause, the hearing shall be held within thirty	23982
days after the trial court's receipt of the recommendation and	23983
plan.	23984

(2)(a) Division (D)(1) of this section does not apply to	23985
on-grounds unsupervised movement of a defendant or person who has	23986
been committed under section 2945.39 or 2945.40 of the Revised	23987
Code, who is a mentally retarded person subject to	23988
institutionalization by court order, and who is being provided	23989
residential habilitation, care, and treatment in a facility	23990
operated by the department of developmental disabilities.	23991

(b) If, pursuant to section 2945.39 of the Revised Code, the	23992
trial court commits a defendant who is found incompetent to stand	23993
trial and who is a mentally retarded person subject to	23994
institutionalization by court order, if the defendant is being	23995
provided residential habilitation, care, and treatment in a	23996
facility operated by the department of developmental disabilities,	23997
if an individual who is conducting a survey for the department of	23998
health to determine the facility's compliance with the	23999
certification requirements of the medicaid program under Chapter	24000
5111. of the Revised Code and Title XIX of the "Social Security	24001
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	24002
defendant's receipt of the residential habilitation, care, and	24003
treatment in the facility as being inappropriate under the	24004
certification requirements, if the defendant's receipt of the	24005
residential habilitation, care, and treatment in the facility	24006
potentially jeopardizes the facility's continued receipt of	24007
federal medicaid moneys, and if as a result of the citation the	24008
chief clinical officer of the facility determines that the	24009
conditions of the defendant's commitment should be changed, the	24010
department of developmental disabilities may cause the defendant	24011
to be removed from the particular facility and, after evaluating	24012
the risks to public safety and the welfare of the defendant and	24013
after determining whether another type of placement is consistent	24014
with the certification requirements, may place the defendant in	24015
another facility that the department selects as an appropriate	24016
facility for the defendant's continued receipt of residential	24017
habilitation, care, and treatment and that is a no less secure	24018
setting than the facility in which the defendant had been placed	24019
at the time of the citation. Within three days after the	24020
defendant's removal and alternative placement under the	24021
circumstances described in division (D)(2)(b) of this section, the	24022
department of developmental disabilities shall notify the trial	24023
court and the prosecutor in writing of the removal and alternative	24024
placement.	24025

The trial court shall set a date for a hearing on the removal	24026
and alternative placement, and the hearing shall be held within	24027
twenty-one days after the trial court's receipt of the notice from	24028
the department of developmental disabilities. At least ten days	24029
before the hearing is held, the trial court shall give the	24030
prosecutor, the department of developmental disabilities, and the	24031
counsel for the defendant written notice of the date, time, and	24032
place of the hearing. At the hearing, the trial court shall	24033
consider the citation issued by the individual who conducted the	24034
survey for the department of health to be prima-facie evidence of	24035
the fact that the defendant's commitment to the particular	24036
facility was inappropriate under the certification requirements of	24037
the medicaid program under Chapter 5111. of the Revised Code and	24038
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	24039
U.S.C.A. 301, as amended, and potentially jeopardizes the	24040
particular facility's continued receipt of federal medicaid	24041
moneys. At the conclusion of the hearing, the trial court may	24042
approve or disapprove the defendant's removal and alternative	24043
placement. If the trial court approves the defendant's removal and	24044
alternative placement, the department of developmental	24045
disabilities may continue the defendant's alternative placement.	24046
If the trial court disapproves the defendant's removal and	24047
alternative placement, it shall enter an order modifying the	24048
defendant's removal and alternative placement, but that order	24049
shall not require the department of developmental disabilities to	24050
replace the defendant for purposes of continued residential	24051
habilitation, care, and treatment in the facility associated with	24052
the citation issued by the individual who conducted the survey for	24053
the department of health.	24054

(E) In making a determination under this section regarding	24055
nonsecured status or termination of commitment, the trial court	24056
shall consider all relevant factors, including, but not limited	24057
to, all of the following:	24058

(1) Whether, in the trial court's view, the defendant or	24059
person currently represents a substantial risk of physical harm to	24060
the defendant or person or others;	24061

(2) Psychiatric and medical testimony as to the current	24062
mental and physical condition of the defendant or person;	24063

(3) Whether the defendant or person has insight into the	24064
~~dependant's~~ defendant's or person's condition so that the	24065
defendant or person will continue treatment as prescribed or seek	24066
professional assistance as needed;	24067

(4) The grounds upon which the state relies for the proposed	24068
commitment;	24069

(5) Any past history that is relevant to establish the	24070
defendant's or person's degree of conformity to the laws, rules,	24071
regulations, and values of society;	24072

(6) If there is evidence that the defendant's or person's	24073
mental illness is in a state of remission, the medically suggested	24074
cause and degree of the remission and the probability that the	24075
defendant or person will continue treatment to maintain the	24076
remissive state of the defendant's or person's illness should the	24077
defendant's or person's commitment conditions be altered.	24078

(F) At any hearing held pursuant to division (C) or (D)(1) or	24079
(2) of this section, the defendant or the person shall have all	24080
the rights of a defendant or person at a commitment hearing as	24081
described in section 2945.40 of the Revised Code.	24082

(G) In a hearing held pursuant to division (C) or (D)(1) of	24083
this section, the prosecutor has the burden of proof as follows:	24084

(1) For a recommendation of termination of commitment, to	24085
show by clear and convincing evidence that the defendant or person	24086
remains a mentally ill person subject to hospitalization by court	24087
order or a mentally retarded person subject to	24088
institutionalization by court order;	24089

(2) For a recommendation for a change in the conditions of	24090
the commitment to a less restrictive status, to show by clear and	24091
convincing evidence that the proposed change represents a threat	24092
to public safety or a threat to the safety of any person.	24093

(H) In a hearing held pursuant to division (C) or (D)(1) or	24094
(2) of this section, the prosecutor shall represent the state or	24095
the public interest.	24096

(I) At the conclusion of a hearing conducted under division	24097
(D)(1) of this section regarding a recommendation from the	24098
designee of the department of mental health, managing officer of	24099
the institution, or director of a facility or program, the trial	24100
court may approve, disapprove, or modify the recommendation and	24101
shall enter an order accordingly.	24102

(J)(1) A defendant or person who has been committed pursuant	24103
to section 2945.39 or 2945.40 of the Revised Code continues to be	24104
under the jurisdiction of the trial court until the final	24105
termination of the commitment. For purposes of division (J) of	24106
this section, the final termination of a commitment occurs upon	24107
the earlier of one of the following:	24108

(a) The defendant or person no longer is a mentally ill	24109
person subject to hospitalization by court order or a mentally	24110
retarded person subject to institutionalization by court order, as	24111
determined by the trial court;	24112

(b) The expiration of the maximum prison term or term of	24113
imprisonment that the defendant or person could have received if	24114
the defendant or person had been convicted of the most serious	24115
offense with which the defendant or person is charged or in	24116
relation to which the defendant or person was found not guilty by	24117
reason of insanity;	24118

(c) The trial court enters an order terminating the	24119
commitment under the circumstances described in division	24120
(J)(2)(a)(ii) of this section.	24121

(2)(a) If a defendant is found incompetent to stand trial and	24122
committed pursuant to section 2945.39 of the Revised Code, if	24123
neither of the circumstances described in divisions (J)(1)(a) and	24124
(b) of this section applies to that defendant, and if a report	24125
filed with the trial court pursuant to division (C) of this	24126
section indicates that the defendant presently is competent to	24127
stand trial or if, at any other time during the period of the	24128
defendant's commitment, the prosecutor, the counsel for the	24129
defendant, or the designee of the department of mental health or	24130
the managing officer of the institution or director of the	24131
facility or program to which the defendant is committed files an	24132
application with the trial court alleging that the defendant	24133
presently is competent to stand trial and requesting a hearing on	24134
the competency issue or the trial court otherwise has reasonable	24135
cause to believe that the defendant presently is competent to	24136
stand trial and determines on its own motion to hold a hearing on	24137
the competency issue, the trial court shall schedule a hearing on	24138
the competency of the defendant to stand trial, shall give the	24139
prosecutor, the counsel for the defendant, and the department's	24140
designee or the managing officer of the institution or the	24141
director of the facility to which the defendant is committed	24142
notice of the date, time, and place of the hearing at least	24143
fifteen days before the hearing, and shall conduct the hearing	24144
within thirty days of the filing of the application or of its own	24145
motion. If, at the conclusion of the hearing, the trial court	24146
determines that the defendant presently is capable of	24147
understanding the nature and objective of the proceedings against	24148
the defendant and of assisting in the defendant's defense, the	24149
trial court shall order that the defendant is competent to stand	24150
trial and shall be proceeded against as provided by law with	24151
respect to the applicable offenses described in division (C)(1) of	24152
section 2945.38 of the Revised Code and shall enter whichever of	24153
the following additional orders is appropriate:	24154

(i) If the trial court determines that the defendant remains	24155
a mentally ill person subject to hospitalization by court order or	24156
a mentally retarded person subject to institutionalization by	24157
court order, the trial court shall order that the defendant's	24158
commitment to the department of mental health or to an institution	24159
or, facility, or program for the treatment of ~~developmental~~	24160
~~disabilities~~mental retardation be continued during the pendency	24161
of the trial on the applicable offenses described in division	24162
(C)(1) of section 2945.38 of the Revised Code.	24163

(ii) If the trial court determines that the defendant no	24164
longer is a mentally ill person subject to hospitalization by	24165
court order or a mentally retarded person subject to	24166
institutionalization by court order, the trial court shall order	24167
that the defendant's commitment to the department of mental health	24168
or to an institution or, facility, or program for the treatment of	24169
~~developmental disabilities~~mental retardation shall not be	24170
continued during the pendency of the trial on the applicable	24171
offenses described in division (C)(1) of section 2945.38 of the	24172
Revised Code. This order shall be a final termination of the	24173
commitment for purposes of division (J)(1)(c) of this section.	24174

(b) If, at the conclusion of the hearing described in	24175
division (J)(2)(a) of this section, the trial court determines	24176
that the defendant remains incapable of understanding the nature	24177
and objective of the proceedings against the defendant or of	24178
assisting in the defendant's defense, the trial court shall order	24179
that the defendant continues to be incompetent to stand trial,	24180
that the defendant's commitment to the department of mental health	24181
or to an institution or, facility, or program for the treatment of	24182
~~developmental disabilities~~mental retardation shall be continued,	24183
and that the defendant remains subject to the jurisdiction of the	24184
trial court pursuant to that commitment, and to the provisions of	24185
this section, until the final termination of the commitment as	24186
described in division (J)(1) of this section.	24187

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	24188
of the Revised Code, a first offender may apply to the sentencing	24189
court if convicted in this state, or to a court of common pleas if	24190
convicted in another state or in a federal court, for the sealing	24191
of the conviction record. Application may be made at the	24192
expiration of three years after the offender's final discharge if	24193
convicted of a felony, or at the expiration of one year after the	24194
offender's final discharge if convicted of a misdemeanor.	24195

(2) Any person who has been arrested for any misdemeanor	24196
offense and who has effected a bail forfeiture may apply to the	24197
court in which the misdemeanor criminal case was pending when bail	24198
was forfeited for the sealing of the record of the case. Except as	24199
provided in section 2953.61 of the Revised Code, the application	24200
may be filed at any time after the expiration of one year from the	24201
date on which the bail forfeiture was entered upon the minutes of	24202
the court or the journal, whichever entry occurs first.	24203

(B) Upon the filing of an application under this section, the	24204
court shall set a date for a hearing and shall notify the	24205
prosecutor for the case of the hearing on the application. The	24206
prosecutor may object to the granting of the application by filing	24207
an objection with the court prior to the date set for the hearing.	24208
The prosecutor shall specify in the objection the reasons for	24209
believing a denial of the application is justified. The court	24210
shall direct its regular probation officer, a state probation	24211
officer, or the department of probation of the county in which the	24212
applicant resides to make inquiries and written reports as the	24213
court requires concerning the applicant.	24214

(C)(1) The court shall do each of the following:

24215

(a) Determine whether the applicant is a first offender or	24216
whether the forfeiture of bail was agreed to by the applicant and	24217
the prosecutor in the case. If the applicant applies as a first	24218
offender pursuant to division (A)(1) of this section and has two	24219
or three convictions that result from the same indictment,	24220
information, or complaint, from the same plea of guilty, or from	24221
the same official proceeding, and result from related criminal	24222
acts that were committed within a three-month period but do not	24223
result from the same act or from offenses committed at the same	24224
time, in making its determination under this division, the court	24225
initially shall determine whether it is not in the public interest	24226
for the two or three convictions to be counted as one conviction.	24227
If the court determines that it is not in the public interest for	24228
the two or three convictions to be counted as one conviction, the	24229
court shall determine that the applicant is not a first offender;	24230
if the court does not make that determination, the court shall	24231
determine that the offender is a first offender.	24232

(b) Determine whether criminal proceedings are pending	24233
against the applicant;	24234

(c) If the applicant is a first offender who applies pursuant	24235
to division (A)(1) of this section, determine whether the	24236
applicant has been rehabilitated to the satisfaction of the court;	24237

(d) If the prosecutor has filed an objection in accordance	24238
with division (B) of this section, consider the reasons against	24239
granting the application specified by the prosecutor in the	24240
objection;	24241

(e) Weigh the interests of the applicant in having the	24242
records pertaining to the applicant's conviction sealed against	24243
the legitimate needs, if any, of the government to maintain those	24244
records.	24245

(2) If the court determines, after complying with division	24246
(C)(1) of this section, that the applicant is a first offender or	24247
the subject of a bail forfeiture, that no criminal proceeding is	24248
pending against the applicant, and that the interests of the	24249
applicant in having the records pertaining to the applicant's	24250
conviction or bail forfeiture sealed are not outweighed by any	24251
legitimate governmental needs to maintain those records, and that	24252
the rehabilitation of an applicant who is a first offender	24253
applying pursuant to division (A)(1) of this section has been	24254
attained to the satisfaction of the court, the court, except as	24255
provided in divisions (G) and (H) of this section, shall order all	24256
official records pertaining to the case sealed and, except as	24257
provided in division (F) of this section, all index references to	24258
the case deleted and, in the case of bail forfeitures, shall	24259
dismiss the charges in the case. The proceedings in the case shall	24260
be considered not to have occurred and the conviction or bail	24261
forfeiture of the person who is the subject of the proceedings	24262
shall be sealed, except that upon conviction of a subsequent	24263
offense, the sealed record of prior conviction or bail forfeiture	24264
may be considered by the court in determining the sentence or	24265
other appropriate disposition, including the relief provided for	24266
in sections 2953.31 to 2953.33 of the Revised Code.	24267

(3) Upon the filing of an application under this section, the	24268
applicant, unless indigent, shall pay a fee of fifty dollars. The	24269
court shall pay thirty dollars of the fee into the state treasury.	24270
It shall pay twenty dollars of the fee into the county general	24271
revenue fund if the sealed conviction or bail forfeiture was	24272
pursuant to a state statute, or into the general revenue fund of	24273
the municipal corporation involved if the sealed conviction or	24274
bail forfeiture was pursuant to a municipal ordinance.	24275

(D) Inspection of the sealed records included in the order	24276
may be made only by the following persons or for the following	24277
purposes:	24278

(1) By a law enforcement officer or prosecutor, or the	24279
assistants of either, to determine whether the nature and	24280
character of the offense with which a person is to be charged	24281
would be affected by virtue of the person's previously having been	24282
convicted of a crime;	24283

(2) By the parole or probation officer of the person who is	24284
the subject of the records, for the exclusive use of the officer	24285
in supervising the person while on parole or under a community	24286
control sanction or a post-release control sanction, and in making	24287
inquiries and written reports as requested by the court or adult	24288
parole authority;	24289

(3) Upon application by the person who is the subject of the	24290
records, by the persons named in the application;	24291

(4) By a law enforcement officer who was involved in the	24292
case, for use in the officer's defense of a civil action arising	24293
out of the officer's involvement in that case;	24294

(5) By a prosecuting attorney or the prosecuting attorney's	24295
assistants, to determine a defendant's eligibility to enter a	24296
pre-trial diversion program established pursuant to section	24297
2935.36 of the Revised Code;	24298

(6) By any law enforcement agency or any authorized employee	24299
of a law enforcement agency or by the department of rehabilitation	24300
and correction as part of a background investigation of a person	24301
who applies for employment with the agency as a law enforcement	24302
officer or with the department as a corrections officer;	24303

(7) By any law enforcement agency or any authorized employee	24304
of a law enforcement agency, for the purposes set forth in, and in	24305
the manner provided in, section 2953.321 of the Revised Code;	24306

(8) By the bureau of criminal identification and	24307
investigation or any authorized employee of the bureau for the	24308
purpose of providing information to a board or person pursuant to	24309
division (F) or (G) of section 109.57 of the Revised Code;	24310

(9) By the bureau of criminal identification and	24311
investigation or any authorized employee of the bureau for the	24312
purpose of performing a criminal history records check on a person	24313
to whom a certificate as prescribed in section 109.77 of the	24314
Revised Code is to be awarded;	24315

(10) By the bureau of criminal identification and	24316
investigation or any authorized employee of the bureau for the	24317
purpose of conducting a criminal records check of an individual	24318
pursuant to division (B) of section 109.572 of the Revised Code	24319
that was requested pursuant to any of the sections identified in	24320
division (B)(1) of that section;	24321

(11) By the bureau of criminal identification and	24322
investigation, an authorized employee of the bureau, a sheriff, or	24323
an authorized employee of a sheriff in connection with a criminal	24324
records check described in section 311.41 of the Revised Code;	24325

(12) By the attorney general or an authorized employee of the	24326
attorney general or a court for purposes of determining a person's	24327
classification pursuant to Chapter 2950. of the Revised Code;	24328

(13) By a prosecuting attorney or the attorney general, or	24329
the assistants of either, for purposes of defending a civil action	24330
brought pursuant to division (B)(1) of section 2743.48 of the	24331
Revised Code.	24332

When the nature and character of the offense with which a	24333
person is to be charged would be affected by the information, it	24334
may be used for the purpose of charging the person with an	24335
offense.	24336

(E) In any criminal proceeding, proof of any otherwise	24337
admissible prior conviction may be introduced and proved,	24338
notwithstanding the fact that for any such prior conviction an	24339
order of sealing previously was issued pursuant to sections	24340
2953.31 to 2953.36 of the Revised Code.	24341

(F) The person or governmental agency, office, or department	24342
that maintains sealed records pertaining to convictions or bail	24343
forfeitures that have been sealed pursuant to this section may	24344
maintain a manual or computerized index to the sealed records. The	24345
index shall contain only the name of, and alphanumeric identifiers	24346
that relate to, the persons who are the subject of the sealed	24347
records, the word "sealed," and the name of the person, agency,	24348
office, or department that has custody of the sealed records, and	24349
shall not contain the name of the crime committed. The index shall	24350
be made available by the person who has custody of the sealed	24351
records only for the purposes set forth in divisions (C), (D), and	24352
(E) of this section.	24353

(G) Notwithstanding any provision of this section or section	24354
2953.33 of the Revised Code that requires otherwise, a board of	24355
education of a city, local, exempted village, or joint vocational	24356
school district that maintains records of an individual who has	24357
been permanently excluded under sections 3301.121 and 3313.662 of	24358
the Revised Code is permitted to maintain records regarding a	24359
conviction that was used as the basis for the individual's	24360
permanent exclusion, regardless of a court order to seal the	24361
record. An order issued under this section to seal the record of a	24362
conviction does not revoke the adjudication order of the	24363
superintendent of public instruction to permanently exclude the	24364
individual who is the subject of the sealing order. An order	24365
issued under this section to seal the record of a conviction of an	24366
individual may be presented to a district superintendent as	24367
evidence to support the contention that the superintendent should	24368
recommend that the permanent exclusion of the individual who is	24369
the subject of the sealing order be revoked. Except as otherwise	24370
authorized by this division and sections 3301.121 and 3313.662 of	24371
the Revised Code, any school employee in possession of or having	24372
access to the sealed conviction records of an individual that were	24373
the basis of a permanent exclusion of the individual is subject to	24374
section 2953.35 of the Revised Code.	24375

(H) For purposes of sections 2953.31 to 2953.36 of the	24376
Revised Code, DNA records collected in the DNA database and	24377
fingerprints filed for record by the superintendent of the bureau	24378
of criminal identification and investigation shall not be sealed	24379
unless the superintendent receives a certified copy of a final	24380
court order establishing that the offender's conviction has been	24381
overturned. For purposes of this section, a court order is not	24382
"final" if time remains for an appeal or application for	24383
discretionary review with respect to the order.	24384

Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a	24385
state correctional institution who satisfies all of the following	24386
is eligible to apply to the department of rehabilitation and	24387
correction at a time specified in division (A)(2) of this section	24388
and in accordance with division (D) of this section for a	24389
certificate of achievement and employability:	24390

(a) The prisoner has satisfactorily completed one or more	24391
in-prison vocational programs approved by rule by the department	24392
of rehabilitation and correction.	24393

(b) The prisoner has demonstrated exemplary performance as	24394
determined by completion of one or more cognitive or behavioral	24395
improvement programs approved by rule by the department while	24396
incarcerated in a state correctional institution, while under	24397
supervision, or during both periods of time.	24398

24399

(d) The prisoner shows other evidence of achievement and	24400
rehabilitation while under the jurisdiction of the department.	24401

(2) An eligible prisoner may apply to the department of	24402
rehabilitation and correction under division (A)(1) of this	24403
section for a certificate of achievement and employability no	24404
earlier than one year prior to the date scheduled for the release	24405
of the prisoner from department custody and no later than the date	24406
of release of the prisoner.	24407

(B)(1) Any prisoner who has been released from a state	24408
correctional institution, who is under supervision on parole or	24409
under a post-release control sanction, and who satisfies all of	24410
the criteria set forth in division (A)(1) of this section is	24411
eligible to apply to the adult parole authority at a time	24412
specified in division (B)(2) of this section and in accordance	24413
with division (D) of this section for a certificate of achievement	24414
and employability.	24415

(2) An eligible prisoner may apply to the adult parole	24416
authority under division (B)(1) of this section for a certificate	24417
of achievement and employability at any time while the prisoner is	24418
under supervision on parole or under a post-release control	24419
sanction.	24420

(C)(1) An eligible prisoner may apply to the department of	24421
rehabilitation and correction or to the adult parole authority at	24422
a time specified in division (A) or (B) of this section, whichever	24423
is applicable, for a certificate of achievement and employability	24424
that grants the prisoner relief from one or more mandatory civil	24425
impacts that would affect a potential job within a field in which	24426
the prisoner trained as part of the prisoner's in-prison	24427
vocational program. The prisoner shall specify the mandatory civil	24428
impacts from which the prisoner is requesting relief under the	24429
certificate. Upon application by a prisoner in accordance with	24430
this division, if the mandatory civil impact of any licensing	24431
agency would be affected by the issuance of the certificate to the	24432
prisoner, the department or authority shall notify the licensing	24433
agency of the filing of the application, provide the licensing	24434
agency with a copy of the application and all evidence that the	24435
department, authority, or court has regarding the prisoner, and	24436
afford the licensing agency with an opportunity to object in	24437
writing to the issuance of the certificate to the prisoner.	24438

(2) Upon application by a prisoner in accordance with	24439
division (C)(1) of this section, the department of rehabilitation	24440
and correction or the adult parole authority, whichever is	24441
applicable, shall consider the application and all objections to	24442
the issuance of a certificate of achievement and employability to	24443
the prisoner, if any, that were made by a licensing agency under	24444
division (C)(1) of this section. If the department or authority	24445
determines that the prisoner is an eligible prisoner, that the	24446
application was filed at a time specified in division (B) of this	24447
section, and that any licensing agency objections to the issuance	24448
of the certificate to the prisoner are not sufficient to deny the	24449
issuance of the certificate to the prisoner, subject to division	24450
(C)(3) of this section, the department or authority shall issue	24451
the prisoner a certificate of achievement and employability that	24452
grants the prisoner relief from the mandatory civil impacts that	24453
are specified in the prisoner's application and that would affect	24454
a potential job within a field in which the prisoner trained as	24455
part of the prisoner's in-prison vocational program.	24456

(3) The mandatory civil impacts identified in division (A)(1)	24457
of section 2961.01 and in division (B) of section 2961.02 of the	24458
Revised Code shall not be affected by any certificate of	24459
achievement and employability issued under this section. No	24460
certificate of achievement and employability issued to a prisoner	24461
under this section grants the prisoner relief from the mandatory	24462
civil impacts identified in division (A)(1) of section 2961.01 and	24463
in division (B) of section 2961.02 of the Revised Code.	24464

(E) The department of rehabilitation and correction shall	24465
adopt rules that define in-prison vocational programs and	24466
cognitive or behavioral improvement programs that a prisoner may	24467
complete to satisfy the criteria described in divisions (A)(1)(a)	24468
and (b) of this section.	24469

(F) The department of rehabilitation and correction and the	24470
adult parole authority shall not be liable for any claim for	24471
damages arising from the department's or authority's issuance,	24472
denial, or revocation of a certificate of achievement and	24473
employability or for the department's or authority's failure to	24474
revoke a certificate of achievement and employability under the	24475
circumstances described in section 2961.24 of the Revised Code.	24476

Sec. 2967.03. The adult parole authority may exercise its	24477
functions and duties in relation to the pardon, commutation of	24478
sentence, or reprieve of a convict upon direction of the governor	24479
or upon its own initiative. It may exercise its functions and	24480
duties in relation to the parole of a prisoner who is eligible for	24481
parole upon the initiative of the head of the institution in which	24482
the prisoner is confined or upon its own initiative. When a	24483
prisoner becomes eligible for parole, the head of the institution	24484
in which the prisoner is confined shall notify the authority in	24485
the manner prescribed by the authority. The authority may	24486
investigate and examine, or cause the investigation and	24487
examination of, prisoners confined in state correctional	24488
institutions concerning their conduct in the institutions, their	24489
mental and moral qualities and characteristics, their knowledge of	24490
a trade or profession, their former means of livelihood, their	24491
family relationships, and any other matters affecting their	24492
fitness to be at liberty without being a threat to society.	24493

The authority may recommend to the governor the pardon,	24494
commutation of sentence, ~~medical release,~~ or reprieve of any	24495
convict or prisoner or grant a parole to any prisoner for whom	24496
parole is authorized, if in its judgment there is reasonable	24497
ground to believe that granting a pardon, commutation, ~~medical~~	24498
~~release,~~ or reprieve to the convict or paroling the prisoner would	24499
further the interests of justice and be consistent with the	24500
welfare and security of society. However, the authority shall not	24501
recommend a pardon,or commutation of sentence, ~~or medical release~~	24502
~~of,~~ or grant a parole to, any convict or prisoner until the	24503
authority has complied with the applicable notice requirements of	24504
sections 2930.16 and 2967.12 of the Revised Code and until it has	24505
considered any statement made by a victim or a victim's	24506
representative that is relevant to the convict's or prisoner's	24507
case and that was sent to the authority pursuant to section	24508
2930.17 of the Revised Code, any other statement made by a victim	24509
or a victim's representative that is relevant to the convict's or	24510
prisoner's case and that was received by the authority after it	24511
provided notice of the pendency of the action under sections	24512
2930.16 and 2967.12 of the Revised Code, and any written statement	24513
of any person submitted to the court pursuant to division (G) of	24514
section 2967.12 of the Revised Code. If a victim, victim's	24515
representative, or the victim's spouse, parent, sibling, or child	24516
appears at a full board hearing of the parole board and gives	24517
testimony as authorized by section 5149.101 of the Revised Code,	24518
the authority shall consider the testimony in determining whether	24519
to grant a parole. The trial judge and prosecuting attorney of the	24520
trial court in which a person was convicted shall furnish to the	24521
authority, at the request of the authority, a summarized statement	24522
of the facts proved at the trial and of all other facts having	24523
reference to the propriety of recommending a pardon, commutation,	24524
or medical release, or granting a parole, together with a	24525
recommendation for or against a pardon, commutation, medical	24526
release, or parole, and the reasons for the recommendation. The	24527
trial judge, the prosecuting attorney, specified law enforcement	24528
agency members, and a representative of the prisoner may appear at	24529
a full board hearing of the parole board and give testimony in	24530
regard to the grant of a parole to the prisoner as authorized by	24531
section 5149.101 of the Revised Code. All state and local	24532
officials shall furnish information to the authority, when so	24533
requested by it in the performance of its duties.	24534

The adult parole authority shall exercise its functions and	24535
duties in relation to the release of prisoners who are serving a	24536
stated prison term in accordance with section 2967.28 of the	24537
Revised Code.	24538

Sec. 2967.05. (A) As used in this section:

24539

(1) "Imminent danger of death" means that the inmate has a	24540
medically diagnosable condition that will cause death to occur	24541
within a short period of time.	24542

As used in division (A)(1) of this section, "within a short	24543
period of time" means generally within six months.	24544

(2)(a) "Medically incapacitated" means any diagnosable	24545
medical condition, including mental dementia and severe, permanent	24546
medical or cognitive disability, that prevents the inmate from	24547
completing activities of daily living without significant	24548
assistance, that incapacitates the inmate to the extent that	24549
institutional confinement does not offer additional restrictions,	24550
that is likely to continue throughout the entire period of parole,	24551
and that is unlikely to improve noticeably.	24552

(b) "Medically incapacitated" does not include conditions	24553
related solely to mental illness unless the mental illness is	24554
accompanied by injury, disease, or organic defect.	24555

(3)(a) "Terminal illness" means a condition that satisfies	24556
all of the following criteria:	24557

(i) The condition is irreversible and incurable and is caused	24558
by disease, illness, or injury from which the inmate is unlikely	24559
to recover.	24560

(ii) In accordance with reasonable medical standards and a	24561
reasonable degree of medical certainty, the condition is likely to	24562
cause death to the inmate within twelve months.	24563

(iii) Institutional confinement of the inmate does not offer	24564
additional protections for public safety or against the inmate's	24565
risk to reoffend.	24566

(b) The department of rehabilitation and correction shall	24567
adopt rules pursuant to Chapter 119. of the Revised Code to	24568
implement the definition of "terminal illness" in division	24569
(A)(3)(a) of this section.	24570

(B) Upon the recommendation of the director of rehabilitation	24571
and correction, accompanied by a certificate of the attending	24572
physician that an inmate is terminally ill, medically	24573
incapacitated, or in imminent danger of death, the governor may	24574
order the inmate's release as if on parole, reserving the right to	24575
return the inmate to the institution pursuant to this section. If,	24576
subsequent to the inmate's release, the inmate's health improves	24577
so that the inmate is no longer terminally ill, medically	24578
incapacitated, or in imminent danger of death, the inmate shall be	24579
returned, by order of the governor, to the institution from which	24580
the inmate was released. If the inmate violates any rules or	24581
conditions applicable to the inmate, the inmate may be returned to	24582
an institution under the control of the department of	24583
rehabilitation and correction. The governor may direct the adult	24584
parole authority to investigate or cause to be investigated the	24585
inmate and make a recommendation ~~in the manner set forth in~~	24586
~~section 2967.03 of the Revised Code~~. An inmate released under this	24587
section shall be subject to supervision by the adult parole	24588
authority in accordance with any recommendation of the adult	24589
parole authority that is approved by the governor. The adult	24590
parole authority shall adopt rules pursuant to section 119.03 of	24591
the Revised Code to establish the procedure for medical release of	24592
an inmate when an inmate is terminally ill, medically	24593
incapacitated, or in imminent danger of death.	24594

(C) No inmate is eligible for release under this section if	24595
the inmate is serving a death sentence, a sentence of life without	24596
parole, a sentence under Chapter 2971. of the Revised Code for a	24597
felony of the first or second degree, a sentence for aggravated	24598
murder or murder, or a mandatory prison term for an offense of	24599
violence or any specification described in Chapter 2941. of the	24600
Revised Code.	24601

Sec. 2967.14. (A) The department of rehabilitation and	24602
correction or the adult parole authority may require or allow a	24603
parolee, a releasee, or a prisoner otherwise released from a state	24604
correctional institution to reside in a halfway house or other	24605
suitable community residential center that has been licensed by	24606
the division of parole and community services pursuant to division	24607
(C) of this section during a part or for the entire period of the	24608
offender's or parolee's conditional release or of the releasee's	24609
term of post-release control. The court of common pleas that	24610
placed an offender under a sanction consisting of a term in a	24611
halfway house or in an alternative residential sanction may	24612
require the offender to reside in a halfway house or other	24613
suitable community residential center that is designated by the	24614
court and that has been licensed by the division pursuant to	24615
division (C) of this section during a part or for the entire	24616
period of the offender's residential sanction.	24617

(B) The division of parole and community services may	24618
negotiate and enter into agreements with any public or private	24619
agency or a department or political subdivision of the state that	24620
operates a halfway house, reentry center, or community residential	24621
center that has been licensed by the division pursuant to division	24622
(C) of this section. An agreement under this division shall	24623
provide for the purchase of beds, shall set limits of supervision	24624
and levels of occupancy, and shall determine the scope of services	24625
for all eligible offenders, including those subject to a	24626
residential sanction, as defined in rules adopted by the director	24627
of rehabilitation and correction in accordance with Chapter 119.	24628
of the Revised Code, or those released from prison without	24629
supervision. The payments for beds and services shall not exceed	24630
the total operating costs of the halfway house, reentry center, or	24631
community residential center during the term of an agreement. The	24632
director of rehabilitation and correction shall adopt rules in	24633
accordance with Chapter 119. of the Revised Code for determining	24634
includable and excludable costs and income to be used in computing	24635
the agency's average daily per capita costs with its facility at	24636
full occupancy.	24637

The ~~department~~director of rehabilitation and correction ~~may~~	24638
shall adopt rules providing for the use of no more than ~~ten~~	24639
fifteen per cent of the amount appropriated to the department each	24640
fiscal year for the halfway house, reentry center, and community	24641
residential center program to pay for contracts with licensed	24642
halfway houses for nonresidential services for offenders under the	24643
supervision of the adult parole authority, including but not	24644
limited to, offenders supervised pursuant to an agreement entered	24645
into by the adult parole authority and a court of common pleas	24646
under section 2301.32 of the Revised Code. The nonresidential	24647
services may include, but are not limited to, treatment for	24648
substance abuse, mental health counseling, counseling for sex	24649
offenders, ~~and~~ electronic monitoring services, aftercare, and	24650
other nonresidential services that the director identifies by	24651
rule.	24652

(C) The division of parole and community services may license	24653
a halfway house, reentry center, or community residential center	24654
as a suitable facility for the care and treatment of adult	24655
offenders, including offenders sentenced under section 2929.16 or	24656
2929.26 of the Revised Code, only if the halfway house, reentry	24657
center, or community residential center complies with the	24658
standards that the division adopts in accordance with Chapter 119.	24659
of the Revised Code for the licensure of halfway houses, reentry	24660
centers, and community residential centers. The division shall	24661
annually inspect each licensed halfway house, licensed reentry	24662
center, and licensed community residential center to determine if	24663
it is in compliance with the licensure standards.	24664

Sec. 2967.19. (A) As used in this section:

24665

(1) "Deadly weapon" and "dangerous ordnance" have the same	24666
meanings as in section 2923.11 of the Revised Code.	24667

(2) "Disqualifying prison term" means any of the following:

24668

(a) A prison term imposed for aggravated murder, murder,	24669
voluntary manslaughter, involuntary manslaughter, felonious	24670
assault, kidnapping, rape, aggravated arson, aggravated burglary,	24671
or aggravated robbery;	24672

(b) A prison term imposed for complicity in, an attempt to	24673
commit, or conspiracy to commit any offense listed in division	24674
(A)(2)(a) of this section;	24675

(c) A prison term of life imprisonment, including any term of	24676
life imprisonment that has parole eligibility;	24677

(d) A prison term imposed for any felony other than carrying	24678
a concealed weapon an essential element of which is any conduct or	24679
failure to act expressly involving any deadly weapon or dangerous	24680
ordnance;	24681

(e) A prison term imposed for any violation of section	24682
2925.03 of the Revised Code that is a felony of the first or	24683
second degree;	24684

(f) A prison term imposed for engaging in a pattern of	24685
corrupt activity in violation of section 2923.32 of the Revised	24686
Code;	24687

(g) A prison term imposed pursuant to section 2971.03 of the	24688
Revised Code;	24689

(h) A prison term imposed for any sexually oriented offense.

24690

(3) "Eligible prison term" means any prison term that is not	24691
a disqualifying prison term and is not a restricting prison term.	24692

(4) "Restricting prison term" means any of the following:

24693

(a) A mandatory prison term imposed under division	24694
~~(D)~~(B)(1)(a), ~~(D)~~(B)(1)(c), ~~(D)~~(B)(1)(f), ~~(D)~~(B)(1)(g),	24695
~~(D)~~(B)(2), or ~~(D)~~(B)(7) of section 2929.14 of the Revised Code for	24696
a specification of the type described in that division;	24697

(b) In the case of an offender who has been sentenced to a	24698
mandatory prison term for a specification of the type described in	24699
division (A)(4)(a) of this section, the prison term imposed for	24700
the felony offense for which the specification was stated at the	24701
end of the body of the indictment, count in the indictment, or	24702
information charging the offense;	24703

24704

(d) A prison term imposed for any offense that is described	24705
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	24706
of this section applies to the offender:	24707

(i) The offense is a felony of the first or second degree	24708
that is an offense of violence and that is not described in	24709
division (A)(2)(a) or (b) of this section, an attempt to commit a	24710
felony of the first or second degree that is an offense of	24711
violence and that is not described in division (A)(2)(a) or (b) of	24712
this section if the attempt is a felony of the first or second	24713
degree, or an offense under an existing or former law of this	24714
state, another state, or the United States that is or was	24715
substantially equivalent to any other offense described in this	24716
division.	24717

(ii) The offender previously was convicted of or pleaded	24718
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	24719
this section.	24720

(5) "Sexually oriented offense" has the same meaning as in	24721
section 2950.01 of the Revised Code.	24722

(B) The director of the department of rehabilitation and	24723
correction may ~~petition~~recommend in writing to the sentencing	24724
court ~~for the release~~that the court consider releasing from	24725
prison of any offender who, on or after September 30, 2011, is	24726
confined in a state correctional institution ~~under~~, who is serving	24727
a stated prison term of one year or more, and who is eligible	24728
under division (C) of this section for a release under this	24729
section ~~and who has served at least eighty per cent of that stated~~	24730
~~prison term that remains to be served after the offender becomes~~	24731
~~eligible as described in that division~~. If the director wishes to	24732
~~submit a petition for release~~recommend that the sentencing court	24733
consider releasing an offender under this section, the director	24734
shall ~~submit the petition~~notify the sentencing court in writing	24735
of the offender's eligibility not earlier than ninety days prior	24736
to the date on which the offender ~~has served eighty per cent of~~	24737
~~the offender's stated prison term that remains to be served after~~	24738
~~the offender~~ becomes eligible as described in division (C) of this	24739
section. The director's submission of ~~a petition for release under~~	24740
~~this section~~the written notice constitutes a recommendation by	24741
the director that the court strongly consider release of the	24742
offender consistent with the purposes and principles of sentencing	24743
set forth in sections 2929.11 and 2929.13 of the Revised Code.	24744
Only an offender recommended by the director under division (B) of	24745
this section may be considered for early release under this	24746
section.	24747

(C)(1) An offender serving a stated prison term of one year	24748
or more and who has commenced service of that stated prison term	24749
becomes eligible for release from prison under this section only	24750
as described in this division. An offender serving a stated prison	24751
term that includes a disqualifying prison term is not eligible for	24752
release from prison under this section. An offender serving a	24753
stated prison term that consists solely of one or more restricting	24754
prison terms is not eligible for release under this section. An	24755
offender serving a stated prison term of one year or more that	24756
includes one or more restricting prison terms and one or more	24757
eligible prison terms becomes eligible for release under this	24758
section after having fully served ~~each~~all restricting prison ~~term~~	24759
terms and having served eighty per cent of the stated prison term	24760
that remains to be served after all restricting prison terms have	24761
been fully served. An offender serving a stated prison term that	24762
consists solely of one or more eligible prison terms becomes	24763
eligible for release under this section ~~upon the offender's~~	24764
~~commencement of service~~after having served eighty per cent of	24765
that stated prison term. ~~After an offender becomes eligible for~~	24766
~~release under this section, the director of rehabilitation and~~	24767
~~correction may petition for the release of the offender under~~	24768
~~division (C)(2) of this section no earlier than ninety days before~~	24769
~~the offender has served the portion of the offender's stated~~	24770
~~prison term specified in that division.~~ For purposes of	24771
determining an offender's eligibility for release under this	24772
section, if the offender's stated prison term includes consecutive	24773
prison terms, any restricting prison terms shall be deemed served	24774
prior to any eligible prison terms that run consecutively to the	24775
restricting prison terms, and the eligible prison terms are deemed	24776
to commence after all of the restricting prison terms have been	24777
fully served.	24778

An offender serving a stated prison term ~~one~~of one year or	24779
more that includes a mandatory prison term that is not a	24780
disqualifying prison term and is not a restricting prison term is	24781
not automatically ineligible as a result of the offender's service	24782
of that mandatory term for release from prison under this section,	24783
and the offender's eligibility for release from prison under this	24784
section is determined in accordance with this division.	24785

(2) If an offender confined in a state correctional	24786
institution under a stated prison term is eligible for release	24787
under this section as described in division (C)(1) of this	24788
section, the director of the department of rehabilitation and	24789
correction may ~~petition~~recommend in writing that the sentencing	24790
court ~~pursuant to division (B) of this section for the release~~	24791
consider releasing the offender from prison ~~of the offender~~under	24792
this section by submitting to the sentencing court the written	24793
notice described in division (B) of this section.	24794

(D) The director shall include with any ~~petition~~notice	24795
submitted to the sentencing court under division (B) of this	24796
section an institutional summary report that covers the offender's	24797
participation while confined in a state correctional institution	24798
in school, training, work, treatment, and other rehabilitative	24799
activities and any disciplinary action taken against the offender	24800
while so confined. The director shall include with the ~~petition a~~	24801
~~post-release control assessment and placement plan, when relevant,~~	24802
~~and~~notice any other documentation requested by the court, if	24803
available.	24804

(E) When the director submits a ~~petition~~written notice to a	24805
sentencing court that an offender is eligible to be considered for	24806
early release under this section ~~for release of an offender~~, the	24807
department promptly shall provide to the prosecuting attorney of	24808
the county in which the offender was indicted a copy of the	24809
~~petition~~written notice, a copy of the institutional summary	24810
report, and any other information provided to the court. The	24811
department also promptly shall give written notice of the ~~filing~~	24812
~~of the petition~~submission to any victim of the offender or	24813
victim's representative of any victim of the offender who is	24814
registered with the office of victim's services.	24815

The department also shall post a copy of the written notice	24816
~~of the petition~~ on the database it maintains under section 5120.66	24817
of the Revised Code and include information on where a person may	24818
send comments regarding the ~~petition~~recommendation of early	24819
release.	24820

The information provided to the court, the prosecutor, and	24821
the victim or victim's representative under divisions (D) and (E)	24822
of this section shall include the name and contact information of	24823
a specific department of rehabilitation and correction employee	24824
who is available to answer questions about the offender who is the	24825
subject of the written notice submitted by the director,	24826
including, but not limited to, the offender's institutional	24827
conduct and rehabilitative activities while incarcerated.	24828

(F) Upon receipt of a ~~petition for release of an offender~~	24829
written notice submitted by the director under division (B) of	24830
this section, the court ~~may deny the petition without~~either	24831
shall, on its own motion, schedule a hearing to consider releasing	24832
the offender who is the subject of the notice or shall inform the	24833
department that it will not be conducting a hearing relative to	24834
the offender. The court shall not grant ~~a petition for~~an early	24835
release ofto an offender without holding a hearing. If a court	24836
~~denies a petition for release of an offender without~~declines to	24837
hold a hearing relative to an offender with respect to a written	24838
notice submitted by the director, the court may later consider	24839
release of that offender under this section on ~~a subsequent~~	24840
~~petition. The court shall enter its ruling within~~its own motion	24841
by scheduling a hearing for that purpose. Within thirty days after	24842
the ~~petition~~written notice is ~~filed~~submitted, the court shall	24843
inform the department whether or not the court is scheduling a	24844
hearing on the offender who is the subject of the notice.	24845

(G) If the court ~~grants~~schedules a hearing onupon receiving	24846
a ~~petition for release of an offender~~written notice submitted	24847
under division (B) of this section or upon its own motion under	24848
division (F) of this section, the court shall notify the head of	24849
the state correctional institution in which the offender is	24850
confined of the hearing prior to the hearing. If the court makes a	24851
journal entry ordering the offender to be conveyed to the hearing,	24852
except as otherwise provided in this division, the head of the	24853
correctional institution shall deliver the offender to the sheriff	24854
of the county in which the hearing is to be held, and the sheriff	24855
shall convey the offender to and from the hearing. Upon the	24856
court's own motion or the motion of the offender or the	24857
prosecuting attorney of the county in which the offender was	24858
indicted, the court may permit the offender to appear at the	24859
hearing by video conferencing equipment if equipment of that	24860
nature is available and compatible.	24861

Upon receipt of notice from a court of a hearing on the	24862
release of an offender under this division, the head of the state	24863
correctional institution in which the offender is confined	24864
immediately shall notify the appropriate person at the department	24865
of rehabilitation and correction of the hearing, and the	24866
department within twenty-four hours after receipt of the notice	24867
shall post on the database it maintains pursuant to section	24868
5120.66 of the Revised Code the offender's name and all of the	24869
information specified in division (A)(1)(c)(i) of that section. If	24870
the court ~~grants~~schedules a hearing ~~on a petition for release of~~	24871
~~an offender~~ under this section, the court promptly shall give	24872
notice of the hearing to the prosecuting attorney of the county in	24873
which the offender was indicted. Upon receipt of the notice from	24874
the court, the prosecuting attorney shall notify pursuant to	24875
section 2930.16 of the Revised Code any victim of the offender or	24876
the victim's representative of the hearing.	24877

(H) If the court ~~grants~~schedules a hearing ~~on a petition for~~	24878
~~release of an offender~~ under this section, at the hearing, the	24879
court shall afford the offender and the offender's attorney an	24880
opportunity to present written information and, if present, oral	24881
information relevant to the ~~motion~~offender's early release. The	24882
court shall afford a similar opportunity to the prosecuting	24883
attorney, victim or victim's representative, as defined in section	24884
2930.01 of the Revised Code, and any other person the court	24885
determines is likely to present additional relevant information.	24886
If the court pursuant to division (G) of this section permits the	24887
offender to appear at the hearing by video conferencing equipment,	24888
the offender's opportunity to present oral information shall be as	24889
a part of the video conferencing. The court shall consider any	24890
statement of a victim made under section 2930.14 or 2930.17 of the	24891
Revised Code, any victim impact statement prepared under section	24892
2947.051 of the Revised Code, and any report~~, plan,~~ and other	24893
documentation submitted by the director under division (D) of this	24894
section. After ruling on ~~the motion~~whether to grant the offender	24895
early release, the court shall notify the victim in accordance	24896
with sections 2930.03 and 2930.16 of the Revised Code.	24897

(I) If the court grants ~~a petition for release of~~ an offender	24898
early release under this section, it shall order the release of	24899
the offender, shall place the offender under one or more	24900
appropriate community control sanctions, under appropriate	24901
conditions, and under the supervision of the department of	24902
probation that serves the court, and shall reserve the right to	24903
reimpose the sentence that it reduced and from which the offender	24904
was released if the offender violates the sanction. The court	24905
shall not make a release under this section effective prior to the	24906
date on which the offender ~~has served at least eighty per cent of~~	24907
~~the offender's stated prison term that remains to be served after~~	24908
~~the offender~~ becomes eligible as described in division (C) of this	24909
section. If the sentence under which the offender is confined in a	24910
state correctional institution and from which the offender is	24911
being released was imposed for a felony of the first or second	24912
degree, the court shall consider ordering that the offender be	24913
monitored by means of a global positioning device. If the court	24914
reimposes the sentence that it reduced and from which the offender	24915
was released and if the violation of the sanction is a new	24916
offense, the court may order that the reimposed sentence be served	24917
either concurrently with, or consecutive to, any new sentence	24918
imposed upon the offender as a result of the violation that is a	24919
new offense. The period of all community control sanctions imposed	24920
under this division shall not exceed five years. The court, in its	24921
discretion, may reduce the period of community control sanctions	24922
by the amount of time the offender spent in jail or prison for the	24923
offense.	24924

If the court grants ~~a petition for release of~~ an offender	24925
early release under this section, it shall notify the appropriate	24926
person at the department of rehabilitation and correction of the	24927
release, and the department shall post notice of the release on	24928
the database it maintains pursuant to section 5120.66 of the	24929
Revised Code.	24930

(J) The department shall adopt under Chapter 119. of the	24931
Revised Code any rules necessary to implement this section.	24932

Sec. 2967.191. The department of rehabilitation and	24933
correction shall reduce the stated prison term of a prisoner or,	24934
if the prisoner is serving a term for which there is parole	24935
eligibility, the minimum and maximum term or the parole	24936
eligibility date of the prisoner by the total number of days that	24937
the prisoner was confined for any reason arising out of the	24938
offense for which the prisoner was convicted and sentenced,	24939
including confinement in lieu of bail while awaiting trial,	24940
confinement for examination to determine the prisoner's competence	24941
to stand trial or sanity, and confinement while awaiting	24942
transportation to the place where the prisoner is to serve the	24943
prisoner's prison term, as determined by the sentencing court	24944
under division (B)(2)(h)(i) of section 2929.19 of the Revised	24945
Code. The department of rehabilitation and correction also shall	24946
reduce the stated prison term of a prisoner or, if the prisoner is	24947
serving a term for which there is parole eligibility, the minimum	24948
and maximum term or the parole eligibility date of the prisoner by	24949
the total number of days, if any, that the prisoner previously	24950
served in the custody of the department of rehabilitation and	24951
correction arising out of the offense for which the prisoner was	24952
convicted and sentenced.	24953

Sec. 2967.193. (A)(1) Except as provided in division (C) of	24954
this section and subject to the maximum aggregate total specified	24955
in division (A)(2) of this section, a person confined in a state	24956
correctional institution may provisionally earn one day or five	24957
days of credit, based on the category set forth in division	24958
(D)(1), (2), (3), (4), or (5) of this section in which the person	24959
is included, toward satisfaction of the person's stated prison	24960
term for each completed month during which the person productively	24961
participates in an education program, vocational training,	24962
employment in prison industries, treatment for substance abuse, or	24963
any other constructive program developed by the department with	24964
specific standards for performance by prisoners. Except as	24965
provided in division (C) of this section and subject to the	24966
maximum aggregate total specified in division (A)(2) of this	24967
section, a person so confined who successfully completes two	24968
programs or activities of that type may, in addition,	24969
provisionally earn up to five days of credit toward satisfaction	24970
of the person's stated prison term for the successful completion	24971
of the second program or activity. The person shall not be awarded	24972
any provisional days of credit for the successful completion of	24973
the first program or activity or for the successful completion of	24974
any program or activity that is completed after the second program	24975
or activity. At the end of each calendar month in which a prisoner	24976
productively participates in a program or activity listed in this	24977
division or successfully completes a program or activity listed in	24978
this division, the department of rehabilitation and correction	24979
shall determine and record the total number of days credit that	24980
the prisoner provisionally earned in that calendar month. If the	24981
prisoner violates prison rules, the department may deny the	24982
prisoner a credit that otherwise could have been provisionally	24983
awarded to the prisoner or may withdraw one or more credits	24984
previously provisionally earned by the prisoner. Days of credit	24985
provisionally earned by a prisoner shall be finalized and awarded	24986
by the department subject to administrative review by the	24987
department of the prisoner's conduct.	24988

(2) The aggregate days of credit provisionally earned by a	24989
person for program or activity participation and program and	24990
activity completion under this section and the aggregate days of	24991
credit finally credited to a person under this section shall not	24992
exceed eight per cent of the total number of days in the person's	24993
stated prison term.	24994

(B) The department of rehabilitation and correction shall	24995
adopt rules that specify the programs or activities for which	24996
credit may be earned under this section, the criteria for	24997
determining productive participation in, or completion of, the	24998
programs or activities and the criteria for awarding credit,	24999
including criteria for awarding additional credit for successful	25000
program or activity completion, and the criteria for denying or	25001
withdrawing previously provisionally earned credit as a result of	25002
a violation of prison rules.	25003

(C) No person confined in a state correctional institution to	25004
whom any of the following applies shall be awarded any days of	25005
credit under division (A) of this section:	25006

(1) The person is serving a prison term that section 2929.13	25007
or section 2929.14 of the Revised Code specifies cannot be reduced	25008
pursuant to this section or this ~~Chapter~~chapter or is serving a	25009
sentence for which section 2967.13 or division (B) of section	25010
2929.143 of the Revised Code specifies that the person is not	25011
entitled to any earned credit under this section.	25012

(2) The person is sentenced to death or is serving a prison	25013
term or a term of life imprisonment for aggravated murder, murder,	25014
or a conspiracy or attempt to commit, or complicity in committing,	25015
aggravated murder or murder.	25016

(3) The person is serving a sentence of life imprisonment	25017
without parole imposed pursuant to section 2929.03 or 2929.06 of	25018
the Revised Code, a prison term or a term of life imprisonment	25019
without parole imposed pursuant to section 2971.03 of the Revised	25020
Code, or a sentence for a sexually oriented offense that was	25021
committed on or after ~~the effective date of this amendment~~	25022
September 30, 2011.	25023

(D) This division does not apply to a determination of	25024
whether a person confined in a state correctional institution may	25025
earn any days of credit under division (A) of this section for	25026
successful completion of a second program or activity. The	25027
determination of whether a person confined in a state correctional	25028
institution may earn one day of credit or five days of credit	25029
under division (A) of this section for each completed month during	25030
which the person productively participates in a program or	25031
activity specified under that division shall be made in accordance	25032
with the following:	25033

(1) The offender may earn one day of credit under division	25034
(A) of this section, except as provided in division (C) of this	25035
section, if the most serious offense for which the offender is	25036
confined is any of the following that is a felony of the first or	25037
second degree, regardless of the date of that offense:	25038

(a) A violation of division (A) of section 2903.04 or of	25039
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	25040
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	25041
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	25042
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	25043
of the Revised Code;	25044

(b) A conspiracy or attempt to commit, or complicity in	25045
committing, any other offense for which the maximum penalty is	25046
imprisonment for life or any offense listed in division (D)(1)(a)	25047
of this section.	25048

(2) The offender may earn one day of credit under division	25049
(A) of this section, except as provided in division (C) of this	25050
section, if the offender is serving a stated prison term that	25051
includes a prison term imposed for a sexually oriented offense	25052
that the offender committed prior to ~~the effective date of this~~	25053
~~amendment~~September 30, 2011.	25054

(3) The offender may earn one day of credit under division	25055
(A) of this section, except as provided in division (C) of this	25056
section, if the offender is serving a stated prison term that	25057
includes a prison term imposed for a felony other than carrying a	25058
concealed weapon an essential element of which is any conduct or	25059
failure to act expressly involving any deadly weapon or dangerous	25060
ordnance, regardless of the date of that offense.	25061

(4) Except as provided in division (C) of this section, if	25062
the most serious offense for which the offender is confined is a	25063
felony of the first or second degree and divisions (D)(1), (2),	25064
and (3) of this section do not apply to the offender, ~~the offender~~	25065
~~may earn one day of credit under division (A) of this section if~~	25066
~~the offender committed that offense prior to the effective date of~~	25067
~~this amendment, and~~ the offender may earn five days of credit	25068
under division (A) of this section ~~if the offender committed that~~	25069
~~offense on or after the effective date of this amendment~~,	25070
regardless of the date of that offense.	25071

(5) Except as provided in division (C) of this section, if	25072
the most serious offense for which the offender is confined is a	25073
felony of the third, fourth, or fifth degree or an unclassified	25074
felony and neither division (D)(2) nor (3) of this section applies	25075
to the offender, ~~the offender may earn one day of credit under~~	25076
~~division (A) of this section if the offender committed that~~	25077
~~offense prior to the effective date of this amendment , and~~ the	25078
offender may earn five days of credit under division (A) of this	25079
section ~~if the offender committed that offense on or after the~~	25080
~~effective date of this amendment~~, regardless of the date of that	25081
offense.	25082

(E) If a court imposes a sentence including a prison term on	25083
or after ~~the effective date of this amendment~~September 30, 2011,	25084
for a felony, and if the court is required to include notice of	25085
the type described in division (F)(3) of section 2929.14 of the	25086
Revised Code in the offender's sentence, the failure of the court	25087
to include the notice does not affect the eligibility of the	25088
offender under this section to earn any days of credit as a	25089
deduction from the offender's stated prison term or otherwise	25090
render any part of this section or any action taken under this	25091
section void or voidable and does not constitute grounds for	25092
setting aside the offender's conviction or sentence or for	25093
granting postconviction relief to the offender.	25094

(F) The department annually shall seek and consider the	25095
written feedback of the Ohio prosecuting attorneys association,	25096
the Ohio judicial conference, the Ohio public defender, the Ohio	25097
association of criminal defense lawyers, and other organizations	25098
and associations that have an interest in the operation of the	25099
corrections system and the earned credits program under this	25100
section as part of its evaluation of the program and in	25101
determining whether to modify the program.	25102

(G) As used in this section, "sexually oriented offense" has	25103
the same meaning as in section 2950.01 of the Revised Code.	25104

Sec. 2967.26. (A)(1) The department of rehabilitation and	25105
correction, by rule, may establish a transitional control program	25106
for the purpose of closely monitoring a prisoner's adjustment to	25107
community supervision during the final one hundred eighty days of	25108
the prisoner's confinement. If the department establishes a	25109
transitional control program under this division, the adult parole	25110
authority may transfer eligible prisoners to transitional control	25111
status under the program during the final one hundred eighty days	25112
of their confinement and under the terms and conditions	25113
established by the department, shall provide for the confinement	25114
as provided in this division of each eligible prisoner so	25115
transferred, and shall supervise each eligible prisoner so	25116
transferred in one or more community control sanctions. Each	25117
eligible prisoner who is transferred to transitional control	25118
status under the program shall be confined in a suitable facility	25119
that is licensed pursuant to division (C) of section 2967.14 of	25120
the Revised Code, or shall be confined in a residence the	25121
department has approved for this purpose and be monitored pursuant	25122
to an electronic monitoring device, as defined in section 2929.01	25123
of the Revised Code. If the department establishes a transitional	25124
control program under this division, the rules establishing the	25125
program shall include criteria that define which prisoners are	25126
eligible for the program, criteria that must be satisfied to be	25127
approved as a residence that may be used for confinement under the	25128
program of a prisoner that is transferred to it and procedures for	25129
the department to approve residences that satisfy those criteria,	25130
and provisions of the type described in division (C) of this	25131
section. At a minimum, the criteria that define which prisoners	25132
are eligible for the program shall provide all of the following:	25133

(a) That a prisoner is eligible for the program if the	25134
prisoner is serving a prison term or term of imprisonment for an	25135
offense committed prior to March 17, 1998, and if, at the time at	25136
which eligibility is being determined, the prisoner would have	25137
been eligible for a furlough under this section as it existed	25138
immediately prior to March 17, 1998, or would have been eligible	25139
for conditional release under former section 2967.23 of the	25140
Revised Code as that section existed immediately prior to March	25141
17, 1998;	25142

(b) That no prisoner who is serving a mandatory prison term	25143
is eligible for the program until after expiration of the	25144
mandatory term;	25145

(c) That no prisoner who is serving a prison term or term of	25146
life imprisonment without parole imposed pursuant to section	25147
2971.03 of the Revised Code is eligible for the program.	25148

(2) At least three weeks prior to transferring to	25149
transitional control under this section a prisoner who is serving	25150
a term of imprisonment or prison term for an offense committed on	25151
or after July 1, 1996, the ~~adult~~division of parole ~~authority~~and	25152
community services of the department of rehabilitation and	25153
correction shall give notice of the pendency of the transfer to	25154
transitional control to the court of common pleas of the county in	25155
which the indictment against the prisoner was found and of the	25156
fact that the court may disapprove the transfer of the prisoner to	25157
transitional control and shall include a report prepared by the	25158
head of the state correctional institution in which the prisoner	25159
is confined. The head of the state correctional institution in	25160
which the prisoner is confined, upon the request of the adult	25161
parole authority, shall provide to the authority for inclusion in	25162
the notice sent to the court under this division a report on the	25163
prisoner's conduct in the institution and in any institution from	25164
which the prisoner may have been transferred. The report shall	25165
cover the prisoner's participation in school, vocational training,	25166
work, treatment, and other rehabilitative activities and any	25167
disciplinary action taken against the prisoner. If the court	25168
disapproves of the transfer of the prisoner to transitional	25169
control, the court shall notify the authority of the disapproval	25170
within thirty days after receipt of the notice. If the court	25171
timely disapproves the transfer of the prisoner to transitional	25172
control, the authority shall not proceed with the transfer. If the	25173
court does not timely disapprove the transfer of the prisoner to	25174
transitional control, the authority may transfer the prisoner to	25175
transitional control.	25176

(3) If the victim of an offense for which a prisoner was	25177
sentenced to a prison term or term of imprisonment has requested	25178
notification under section 2930.16 of the Revised Code and has	25179
provided the department of rehabilitation and correction with the	25180
victim's name and address, the adult parole authority, at least	25181
three weeks prior to transferring the prisoner to transitional	25182
control pursuant to this section, shall notify the victim of the	25183
pendency of the transfer and of the victim's right to submit a	25184
statement to the authority regarding the impact of the transfer of	25185
the prisoner to transitional control. If the victim subsequently	25186
submits a statement of that nature to the authority, the authority	25187
shall consider the statement in deciding whether to transfer the	25188
prisoner to transitional control.	25189

(4) The department of rehabilitation and correction, at least	25190
three weeks prior to transferring a prisoner to transitional	25191
control pursuant to this section, shall post on the database it	25192
maintains pursuant to section 5120.66 of the Revised Code the	25193
prisoner's name and all of the information specified in division	25194
(A)(1)(c)(iv) of that section. In addition to and independent of	25195
the right of a victim to submit a statement as described in	25196
division (A)(3) of this section or to otherwise make a statement	25197
and in addition to and independent of any other right or duty of a	25198
person to present information or make a statement, any person may	25199
send to the adult parole authority at any time prior to the	25200
authority's transfer of the prisoner to transitional control a	25201
written statement regarding the transfer of the prisoner to	25202
transitional control. In addition to the information, reports, and	25203
statements it considers under divisions (A)(2) and (3) of this	25204
section or that it otherwise considers, the authority shall	25205
consider each statement submitted in accordance with this division	25206
in deciding whether to transfer the prisoner to transitional	25207
control.	25208

(B) Each prisoner transferred to transitional control under	25209
this section shall be confined in the manner described in division	25210
(A) of this section during any period of time that the prisoner is	25211
not actually working at the prisoner's approved employment,	25212
engaged in a vocational training or another educational program,	25213
engaged in another program designated by the director, or engaged	25214
in other activities approved by the department.	25215

(C) The department of rehabilitation and correction shall	25216
adopt rules for transferring eligible prisoners to transitional	25217
control, supervising and confining prisoners so transferred,	25218
administering the transitional control program in accordance with	25219
this section, and using the moneys deposited into the transitional	25220
control fund established under division (E) of this section.	25221

(D) The department of rehabilitation and correction may adopt	25222
rules for the issuance of passes for the limited purposes	25223
described in this division to prisoners who are transferred to	25224
transitional control under this section. If the department adopts	25225
rules of that nature, the rules shall govern the granting of the	25226
passes and shall provide for the supervision of prisoners who are	25227
temporarily released pursuant to one of those passes. Upon the	25228
adoption of rules under this division, the department may issue	25229
passes to prisoners who are transferred to transitional control	25230
status under this section in accordance with the rules and the	25231
provisions of this division. All passes issued under this division	25232
shall be for a maximum of forty-eight hours and may be issued only	25233
for the following purposes:	25234

(1) To visit a relative in imminent danger of death;

25235

(2) To have a private viewing of the body of a deceased	25236
relative;	25237

(3) To visit with family;

25238

(4) To otherwise aid in the rehabilitation of the prisoner.

25239

(E) The adult parole authority may require a prisoner who is	25240
transferred to transitional control to pay to the division of	25241
parole and community services the reasonable expenses incurred by	25242
the division in supervising or confining the prisoner while under	25243
transitional control. Inability to pay those reasonable expenses	25244
shall not be grounds for refusing to transfer an otherwise	25245
eligible prisoner to transitional control. Amounts received by the	25246
division of parole and community services under this division	25247
shall be deposited into the transitional control fund, which is	25248
hereby created in the state treasury and which hereby replaces and	25249
succeeds the furlough services fund that formerly existed in the	25250
state treasury. All moneys that remain in the furlough services	25251
fund on March 17, 1998, shall be transferred on that date to the	25252
transitional control fund. The transitional control fund shall be	25253
used solely to pay costs related to the operation of the	25254
transitional control program established under this section. The	25255
director of rehabilitation and correction shall adopt rules in	25256
accordance with section 111.15 of the Revised Code for the use of	25257
the fund.	25258

(F) A prisoner who violates any rule established by the	25259
department of rehabilitation and correction under division (A),	25260
(C), or (D) of this section may be transferred to a state	25261
correctional institution pursuant to rules adopted under division	25262
(A), (C), or (D) of this section, but the prisoner shall receive	25263
credit towards completing the prisoner's sentence for the time	25264
spent under transitional control.	25265

If a prisoner is transferred to transitional control under	25266
this section, upon successful completion of the period of	25267
transitional control, the prisoner may be released on parole or	25268
under post-release control pursuant to section 2967.13 or 2967.28	25269
of the Revised Code and rules adopted by the department of	25270
rehabilitation and correction. If the prisoner is released under	25271
post-release control, the duration of the post-release control,	25272
the type of post-release control sanctions that may be imposed,	25273
the enforcement of the sanctions, and the treatment of prisoners	25274
who violate any sanction applicable to the prisoner are governed	25275
by section 2967.28 of the Revised Code.	25276

Sec. 2967.28. (A) As used in this section:

25277

(1) "Monitored time" means the monitored time sanction	25278
specified in section 2929.17 of the Revised Code.	25279

(2) "Deadly weapon" and "dangerous ordnance" have the same	25280
meanings as in section 2923.11 of the Revised Code.	25281

(3) "Felony sex offense" means a violation of a section	25282
contained in Chapter 2907. of the Revised Code that is a felony.	25283

(4) "Risk reduction sentence" means a prison term imposed by	25284
a court, when the court recommends pursuant to section 2929.143 of	25285
the Revised Code that the offender serve the sentence under	25286
section 5120.036 of the Revised Code, and the offender may	25287
potentially be released from imprisonment prior to the expiration	25288
of the prison term if the offender successfully completes all	25289
assessment and treatment or programming required by the department	25290
of rehabilitation and correction under section 5120.036 of the	25291
Revised Code.	25292

(B) Each sentence to a prison term for a felony of the first	25293
degree, for a felony of the second degree, for a felony sex	25294
offense, or for a felony of the third degree that is not a felony	25295
sex offense and in the commission of which the offender caused or	25296
threatened to cause physical harm to a person shall include a	25297
requirement that the offender be subject to a period of	25298
post-release control imposed by the parole board after the	25299
offender's release from imprisonment. This division applies with	25300
respect to all prison terms of a type described in this division,	25301
including a term of any such type that is a risk reduction	25302
sentence. If a court imposes a sentence including a prison term of	25303
a type described in this division on or after July 11, 2006, the	25304
failure of a sentencing court to notify the offender pursuant to	25305
division (B)(2)(c) of section 2929.19 of the Revised Code of this	25306
requirement or to include in the judgment of conviction entered on	25307
the journal a statement that the offender's sentence includes this	25308
requirement does not negate, limit, or otherwise affect the	25309
mandatory period of supervision that is required for the offender	25310
under this division. Section 2929.191 of the Revised Code applies	25311
if, prior to July 11, 2006, a court imposed a sentence including a	25312
prison term of a type described in this division and failed to	25313
notify the offender pursuant to division (B)(2)(c) of section	25314
2929.19 of the Revised Code regarding post-release control or to	25315
include in the judgment of conviction entered on the journal or in	25316
the sentence pursuant to division (D)(1) of section 2929.14 of the	25317
Revised Code a statement regarding post-release control. Unless	25318
reduced by the parole board pursuant to division (D) of this	25319
section when authorized under that division, a period of	25320
post-release control required by this division for an offender	25321
shall be of one of the following periods:	25322

(1) For a felony of the first degree or for a felony sex	25323
offense, five years;	25324

(2) For a felony of the second degree that is not a felony	25325
sex offense, three years;	25326

(3) For a felony of the third degree that is not a felony sex	25327
offense and in the commission of which the offender caused or	25328
threatened physical harm to a person, three years.	25329

(C) Any sentence to a prison term for a felony of the third,	25330
fourth, or fifth degree that is not subject to division (B)(1) or	25331
(3) of this section shall include a requirement that the offender	25332
be subject to a period of post-release control of up to three	25333
years after the offender's release from imprisonment, if the	25334
parole board, in accordance with division (D) of this section,	25335
determines that a period of post-release control is necessary for	25336
that offender. This division applies with respect to all prison	25337
terms of a type described in this division, including a term of	25338
any such type that is a risk reduction sentence. Section 2929.191	25339
of the Revised Code applies if, prior to July 11, 2006, a court	25340
imposed a sentence including a prison term of a type described in	25341
this division and failed to notify the offender pursuant to	25342
division (B)(2)(d) of section 2929.19 of the Revised Code	25343
regarding post-release control or to include in the judgment of	25344
conviction entered on the journal or in the sentence pursuant to	25345
division (D)(2) of section 2929.14 of the Revised Code a statement	25346
regarding post-release control. Pursuant to an agreement entered	25347
into under section 2967.29 of the Revised Code, a court of common	25348
pleas or parole board may impose sanctions or conditions on an	25349
offender who is placed on post-release control under this	25350
division.	25351

(D)(1) Before the prisoner is released from imprisonment, the	25352
parole board or, pursuant to an agreement under section 2967.29 of	25353
the Revised Code, the court shall impose upon a prisoner described	25354
in division (B) of this section, shall impose upon a prisoner	25355
described in division (C) of this section who is to be released	25356
before the expiration of the prisoner's stated prison term under a	25357
risk reduction sentence, may impose upon a prisoner described in	25358
division (C) of this section who is not to be released before the	25359
expiration of the prisoner's stated prison term under a risk	25360
reduction sentence, and shall impose upon a prisoner described in	25361
division (B)(2)(b) of section 5120.031 or in division (B)(1) of	25362
section 5120.032 of the Revised Code, one or more post-release	25363
control sanctions to apply during the prisoner's period of	25364
post-release control. Whenever the board or court imposes one or	25365
more post-release control sanctions upon a prisoner, the board or	25366
court, in addition to imposing the sanctions, also shall include	25367
as a condition of the post-release control that the offender not	25368
leave the state without permission of the court or the offender's	25369
parole or probation officer and that the offender abide by the	25370
law. The board or court may impose any other conditions of release	25371
under a post-release control sanction that the board or court	25372
considers appropriate, and the conditions of release may include	25373
any community residential sanction, community nonresidential	25374
sanction, or financial sanction that the sentencing court was	25375
authorized to impose pursuant to sections 2929.16, 2929.17, and	25376
2929.18 of the Revised Code. Prior to the release of a prisoner	25377
for whom it will impose one or more post-release control sanctions	25378
under this division, the parole board or court shall review the	25379
prisoner's criminal history, results from the single validated	25380
risk assessment tool selected by the department of rehabilitation	25381
and correction under section 5120.114 of the Revised Code, all	25382
juvenile court adjudications finding the prisoner, while a	25383
juvenile, to be a delinquent child, and the record of the	25384
prisoner's conduct while imprisoned. The parole board or court	25385
shall consider any recommendation regarding post-release control	25386
sanctions for the prisoner made by the office of victims'	25387
services. After considering those materials, the board or court	25388
shall determine, for a prisoner described in division (B) of this	25389
section, division (B)(2)(b) of section 5120.031, or division	25390
(B)(1) of section 5120.032 of the Revised Code and for a prisoner	25391
described in division (C) of this section who is to be released	25392
before the expiration of the prisoner's stated prison term under a	25393
risk reduction sentence, which post-release control sanction or	25394
combination of post-release control sanctions is reasonable under	25395
the circumstances or, for a prisoner described in division (C) of	25396
this section who is not to be released before the expiration of	25397
the prisoner's stated prison term under a risk reduction sentence,	25398
whether a post-release control sanction is necessary and, if so,	25399
which post-release control sanction or combination of post-release	25400
control sanctions is reasonable under the circumstances. In the	25401
case of a prisoner convicted of a felony of the fourth or fifth	25402
degree other than a felony sex offense, the board or court shall	25403
presume that monitored time is the appropriate post-release	25404
control sanction unless the board or court determines that a more	25405
restrictive sanction is warranted. A post-release control sanction	25406
imposed under this division takes effect upon the prisoner's	25407
release from imprisonment.	25408

Regardless of whether the prisoner was sentenced to the	25409
prison term prior to, on, or after July 11, 2006, prior to the	25410
release of a prisoner for whom it will impose one or more	25411
post-release control sanctions under this division, the parole	25412
board shall notify the prisoner that, if the prisoner violates any	25413
sanction so imposed or any condition of post-release control	25414
described in division (B) of section 2967.131 of the Revised Code	25415
that is imposed on the prisoner, the parole board may impose a	25416
prison term of up to one-half of the stated prison term originally	25417
imposed upon the prisoner.	25418

(2) If a prisoner who is placed on post-release control under	25419
this section is released before the expiration of the prisoner's	25420
stated prison term by reason of credit earned under section	25421
2967.193 of the Revised Code and if the prisoner earned sixty or	25422
more days of credit, the adult parole authority shall supervise	25423
the offender with an active global positioning system device for	25424
the first fourteen days after the offender's release from	25425
imprisonment. This division does not prohibit or limit the	25426
imposition of any post-release control sanction otherwise	25427
authorized by this section.	25428

(3) At any time after a prisoner is released from	25429
imprisonment and during the period of post-release control	25430
applicable to the releasee, the adult parole authority or,	25431
pursuant to an agreement under section 2967.29 of the Revised	25432
Code, the court may review the releasee's behavior under the	25433
post-release control sanctions imposed upon the releasee under	25434
this section. The authority or court may determine, based upon the	25435
review and in accordance with the standards established under	25436
division (E) of this section, that a more restrictive or a less	25437
restrictive sanction is appropriate and may impose a different	25438
sanction. The authority also may recommend that the parole board	25439
or court increase or reduce the duration of the period of	25440
post-release control imposed by the court. If the authority	25441
recommends that the board or court increase the duration of	25442
post-release control, the board or court shall review the	25443
releasee's behavior and may increase the duration of the period of	25444
post-release control imposed by the court up to eight years. If	25445
the authority recommends that the board or court reduce the	25446
duration of control for an offense described in division (B) or	25447
(C) of this section, the board or court shall review the	25448
releasee's behavior and may reduce the duration of the period of	25449
control imposed by the court. In no case shall the board or court	25450
reduce the duration of the period of control imposed for an	25451
offense described in division (B)(1) of this section to a period	25452
less than the length of the stated prison term originally imposed,	25453
and in no case shall the board or court permit the releasee to	25454
leave the state without permission of the court or the releasee's	25455
parole or probation officer.	25456

(E) The department of rehabilitation and correction, in	25457
accordance with Chapter 119. of the Revised Code, shall adopt	25458
rules that do all of the following:	25459

(1) Establish standards for the imposition by the parole	25460
board of post-release control sanctions under this section that	25461
are consistent with the overriding purposes and sentencing	25462
principles set forth in section 2929.11 of the Revised Code and	25463
that are appropriate to the needs of releasees;	25464

(2) Establish standards that provide for a period of	25465
post-release control of up to three years for all prisoners	25466
described in division (C) of this section who are to be released	25467
before the expiration of their stated prison term under a risk	25468
reduction sentence and standards by which the parole board can	25469
determine which prisoners described in division (C) of this	25470
section who are not to be released before the expiration of their	25471
stated prison term under a risk reduction sentence should be	25472
placed under a period of post-release control;	25473

(3) Establish standards to be used by the parole board in	25474
reducing the duration of the period of post-release control	25475
imposed by the court when authorized under division (D) of this	25476
section, in imposing a more restrictive post-release control	25477
sanction than monitored time upon a prisoner convicted of a felony	25478
of the fourth or fifth degree other than a felony sex offense, or	25479
in imposing a less restrictive control sanction upon a releasee	25480
based on the releasee's activities including, but not limited to,	25481
remaining free from criminal activity and from the abuse of	25482
alcohol or other drugs, successfully participating in approved	25483
rehabilitation programs, maintaining employment, and paying	25484
restitution to the victim or meeting the terms of other financial	25485
sanctions;	25486

(4) Establish standards to be used by the adult parole	25487
authority in modifying a releasee's post-release control sanctions	25488
pursuant to division (D)(2) of this section;	25489

(5) Establish standards to be used by the adult parole	25490
authority or parole board in imposing further sanctions under	25491
division (F) of this section on releasees who violate post-release	25492
control sanctions, including standards that do the following:	25493

(a) Classify violations according to the degree of	25494
seriousness;	25495

(b) Define the circumstances under which formal action by the	25496
parole board is warranted;	25497

25498

(d) Ensure procedural due process to an alleged violator;

25499

(e) Prescribe nonresidential community control sanctions for	25500
most misdemeanor and technical violations;	25501

(f) Provide procedures for the return of a releasee to	25502
imprisonment for violations of post-release control.	25503

(F)(1) Whenever the parole board imposes one or more	25504
post-release control sanctions upon an offender under this	25505
section, the offender upon release from imprisonment shall be	25506
under the general jurisdiction of the adult parole authority and	25507
generally shall be supervised by the field services section	25508
through its staff of parole and field officers as described in	25509
section 5149.04 of the Revised Code, as if the offender had been	25510
placed on parole. If the offender upon release from imprisonment	25511
violates the post-release control sanction or any conditions	25512
described in division (A) of section 2967.131 of the Revised Code	25513
that are imposed on the offender, the public or private person or	25514
entity that operates or administers the sanction or the program or	25515
activity that comprises the sanction shall report the violation	25516
directly to the adult parole authority or to the officer of the	25517
authority who supervises the offender. The authority's officers	25518
may treat the offender as if the offender were on parole and in	25519
violation of the parole, and otherwise shall comply with this	25520
section.	25521

(2) If the adult parole authority or, pursuant to an	25522
agreement under section 2967.29 of the Revised Code, the court	25523
determines that a releasee has violated a post-release control	25524
sanction or any conditions described in division (A) of section	25525
2967.131 of the Revised Code imposed upon the releasee and that a	25526
more restrictive sanction is appropriate, the authority or court	25527
may impose a more restrictive sanction upon the releasee, in	25528
accordance with the standards established under division (E) of	25529
this section or in accordance with the agreement made under	25530
section 2967.29 of the Revised Code, or may report the violation	25531
to the parole board for a hearing pursuant to division (F)(3) of	25532
this section. The authority or court may not, pursuant to this	25533
division, increase the duration of the releasee's post-release	25534
control or impose as a post-release control sanction a residential	25535
sanction that includes a prison term, but the authority or court	25536
may impose on the releasee any other residential sanction,	25537
nonresidential sanction, or financial sanction that the sentencing	25538
court was authorized to impose pursuant to sections 2929.16,	25539
2929.17, and 2929.18 of the Revised Code.	25540

(3) The parole board or, pursuant to an agreement under	25541
section 2967.29 of the Revised Code, the court may hold a hearing	25542
on any alleged violation by a releasee of a post-release control	25543
sanction or any conditions described in division (A) of section	25544
2967.131 of the Revised Code that are imposed upon the releasee.	25545
If after the hearing the board or court finds that the releasee	25546
violated the sanction or condition, the board or court may	25547
increase the duration of the releasee's post-release control up to	25548
the maximum duration authorized by division (B) or (C) of this	25549
section or impose a more restrictive post-release control	25550
sanction. When appropriate, the board or court may impose as a	25551
post-release control sanction a residential sanction that includes	25552
a prison term. The board or court shall consider a prison term as	25553
a post-release control sanction imposed for a violation of	25554
post-release control when the violation involves a deadly weapon	25555
or dangerous ordnance, physical harm or attempted serious physical	25556
harm to a person, or sexual misconduct, or when the releasee	25557
committed repeated violations of post-release control sanctions.	25558
Unless a releasee's stated prison term was reduced pursuant to	25559
section 5120.032 of the Revised Code, the period of a prison term	25560
that is imposed as a post-release control sanction under this	25561
division shall not exceed nine months, and the maximum cumulative	25562
prison term for all violations under this division shall not	25563
exceed one-half of the stated prison term originally imposed upon	25564
the offender as part of this sentence. If a releasee's stated	25565
prison term was reduced pursuant to section 5120.032 of the	25566
Revised Code, the period of a prison term that is imposed as a	25567
post-release control sanction under this division and the maximum	25568
cumulative prison term for all violations under this division	25569
shall not exceed the period of time not served in prison under the	25570
sentence imposed by the court. The period of a prison term that is	25571
imposed as a post-release control sanction under this division	25572
shall not count as, or be credited toward, the remaining period of	25573
post-release control.	25574

If an offender is imprisoned for a felony committed while	25575
under post-release control supervision and is again released on	25576
post-release control for a period of time determined by division	25577
(F)(4)(d) of this section, the maximum cumulative prison term for	25578
all violations under this division shall not exceed one-half of	25579
the total stated prison terms of the earlier felony, reduced by	25580
any prison term administratively imposed by the parole board or	25581
court, plus one-half of the total stated prison term of the new	25582
felony.	25583

(4) Any period of post-release control shall commence upon an	25584
offender's actual release from prison. If an offender is serving	25585
an indefinite prison term or a life sentence in addition to a	25586
stated prison term, the offender shall serve the period of	25587
post-release control in the following manner:	25588

(a) If a period of post-release control is imposed upon the	25589
offender and if the offender also is subject to a period of parole	25590
under a life sentence or an indefinite sentence, and if the period	25591
of post-release control ends prior to the period of parole, the	25592
offender shall be supervised on parole. The offender shall receive	25593
credit for post-release control supervision during the period of	25594
parole. The offender is not eligible for final release under	25595
section 2967.16 of the Revised Code until the post-release control	25596
period otherwise would have ended.	25597

(b) If a period of post-release control is imposed upon the	25598
offender and if the offender also is subject to a period of parole	25599
under an indefinite sentence, and if the period of parole ends	25600
prior to the period of post-release control, the offender shall be	25601
supervised on post-release control. The requirements of parole	25602
supervision shall be satisfied during the post-release control	25603
period.	25604

(c) If an offender is subject to more than one period of	25605
post-release control, the period of post-release control for all	25606
of the sentences shall be the period of post-release control that	25607
expires last, as determined by the parole board or court. Periods	25608
of post-release control shall be served concurrently and shall not	25609
be imposed consecutively to each other.	25610

(d) The period of post-release control for a releasee who	25611
commits a felony while under post-release control for an earlier	25612
felony shall be the longer of the period of post-release control	25613
specified for the new felony under division (B) or (C) of this	25614
section or the time remaining under the period of post-release	25615
control imposed for the earlier felony as determined by the parole	25616
board or court.	25617

Sec. 2981.11. (A)(1) Any property that has been lost,	25618
abandoned, stolen, seized pursuant to a search warrant, or	25619
otherwise lawfully seized or forfeited and that is in the custody	25620
of a law enforcement agency shall be kept safely by the agency,	25621
pending the time it no longer is needed as evidence or for another	25622
lawful purpose, and shall be disposed of pursuant to sections	25623
2981.12 and 2981.13 of the Revised Code.	25624

(2) This chapter does not apply to the custody and disposal	25625
of any of the following:	25626

(a) Vehicles subject to forfeiture under Title XLV of the	25627
Revised Code, except as provided in division (A)(6) of section	25628
2981.12 of the Revised Code;	25629

(b) Abandoned junk motor vehicles or other property of	25630
negligible value;	25631

(c) Property held by a department of rehabilitation and	25632
correction institution that is unclaimed, that does not have an	25633
identified owner, that the owner agrees to dispose of, or that is	25634
identified by the department as having little value;	25635

(d) Animals taken, and devices used in unlawfully taking	25636
animals, under section 1531.20 of the Revised Code;	25637

(e) Controlled substances sold by a peace officer in the	25638
performance of the officer's official duties under section	25639
3719.141 of the Revised Code;	25640

(f) Property recovered by a township law enforcement agency	25641
under sections 505.105 to 505.109 of the Revised Code;	25642

(g) Property held and disposed of under an ordinance of the	25643
municipal corporation or under sections 737.29 to 737.33 of the	25644
Revised Code, except that a municipal corporation that has	25645
received notice of a citizens' reward program as provided in	25646
division (F) of section 2981.12 of the Revised Code and disposes	25647
of property under an ordinance shall pay twenty-five per cent of	25648
any moneys acquired from any sale or auction to the citizens'	25649
reward program.	25650

(B)(1) Each law enforcement agency that has custody of any	25651
property that is subject to this section shall adopt and comply	25652
with a written internal control policy that does all of the	25653
following:	25654

(a) Provides for keeping detailed records as to the amount of	25655
property acquired by the agency and the date property was	25656
acquired;	25657

(b) Provides for keeping detailed records of the disposition	25658
of the property, which shall include, but not be limited to, both	25659
of the following:	25660

(i) The manner in which it was disposed, the date of	25661
disposition, detailed financial records concerning any property	25662
sold, and the name of any person who received the property. The	25663
record shall not identify or enable identification of the	25664
individual officer who seized any item of property.	25665

(ii) The general types of expenditures made with amounts that	25666
are gained from the sale of the property and that are retained by	25667
the agency, including the specific amount expended on each general	25668
type of expenditure, except that the policy shall not provide for	25669
or permit the identification of any specific expenditure that is	25670
made in an ongoing investigation.	25671

(c) Complies with section 2981.13 of the Revised Code if the	25672
agency has a law enforcement trust fund or similar fund created	25673
under that section.	25674

(2) ~~Each law enforcement agency that during any calendar year~~	25675
~~has any seized or forfeited property covered by this section in~~	25676
~~its custody, including amounts distributed under section 2981.13~~	25677
~~of the Revised Code to its law enforcement trust fund or a similar~~	25678
~~fund created for the state highway patrol, department of public~~	25679
~~safety, department of taxation, or state board of pharmacy, shall~~	25680
~~prepare a report covering the calendar year that cumulates all of~~	25681
~~the information contained in all of the public records kept by the~~	25682
~~agency pursuant to this section for that calendar year. The agency~~	25683
~~shall send a copy of the cumulative report to the attorney general~~	25684
~~not later than the first day of March in the calendar year~~	25685
~~following the calendar year covered by the report.~~	25686

~~(3)~~ The records kept under the internal control policy shall	25687
be open to public inspection during the agency's regular business	25688
hours. The policy adopted under this section ~~and each report~~	25689
~~received by the attorney general~~ is a public record open for	25690
inspection under section 149.43 of the Revised Code.	25691

~~(4) Not later than the fifteenth day of April in each~~	25692
~~calendar year in which reports are sent to the attorney general~~	25693
~~under division (B)(2) of this section, the attorney general shall~~	25694
~~send to the president of the senate and the speaker of the house~~	25695
~~of representatives a written notice that indicates that the~~	25696
~~attorney general received reports that cover the previous calendar~~	25697
~~year, that the reports are open for inspection under section~~	25698
~~149.43 of the Revised Code, and that the attorney general will~~	25699
~~provide a copy of any or all of the reports to the president of~~	25700
~~the senate or the speaker of the house of representatives upon~~	25701
~~request.~~	25702

(C) A law enforcement agency with custody of property to be	25703
disposed of under section 2981.12 or 2981.13 of the Revised Code	25704
shall make a reasonable effort to locate persons entitled to	25705
possession of the property, to notify them of when and where it	25706
may be claimed, and to return the property to them at the earliest	25707
possible time. In the absence of evidence identifying persons	25708
entitled to possession, it is sufficient notice to advertise in a	25709
newspaper of general circulation in the county and to briefly	25710
describe the nature of the property in custody and inviting	25711
persons to view and establish their right to it.	25712

(D) As used in sections 2981.11 to 2981.13 of the Revised	25713
Code:	25714

(1) "Citizens' reward program" has the same meaning as in	25715
section 9.92 of the Revised Code.	25716

(2) "Law enforcement agency" includes correctional	25717
institutions.	25718

(3) "Township law enforcement agency" means an organized	25719
police department of a township, a township police district, a	25720
joint police district, or the office of a township constable.	25721

Sec. 2981.14. (A) Nothing in this chapter precludes the head	25722
of a law enforcement agency that seizes property from seeking	25723
forfeiture under federal law. If the property is forfeitable under	25724
this chapter and federal forfeiture is not sought, the property is	25725
subject only to this chapter.	25726

(B) Any law enforcement agency that receives moneys from a	25727
sale of forfeited property under federal law shall deposit, use,	25728
and account for the amounts, including any interest derived, in	25729
accordance with applicable federal law. If the state highway	25730
patrol or the investigative unit of the department of public	25731
safety receives such federal forfeiture moneys, the appropriate	25732
official shall deposit all interest or other earnings derived from	25733
the investment of the moneys into the ~~contraband, forfeiture, and~~	25734
~~other fund of the~~ highway patrol treasury contraband fund, the	25735
highway patrol justice contraband fund, the investigative unit	25736
treasury contraband fund, or the ~~department~~investigative unit	25737
justice contraband fund, whichever is appropriate.	25738

(C) There is hereby created in the state treasury the highway	25739
patrol treasury contraband fund, the highway patrol justice	25740
contraband fund, the investigative unit treasury contraband fund,	25741
and the investigative unit justice contraband fund. Each fund	25742
shall consist of moneys received under division (B) of this	25743
section and shall be used in accordance with any federal or other	25744
requirements associated with moneys received.	25745

Sec. 3125.41. (A) As used in this section:

25746

(1) "Cable television service" has the same meaning as in	25747
section 2913.01 of the Revised Code.	25748

(2) "Public utility" means a person or entity, including an	25749
entity owned or operated by a municipal corporation or other	25750
government entity, that is described in ~~division (A) of~~ section	25751
4905.03 of the Revised Code as a telephone company, electric light	25752
company, gas company, natural gas company, water-works company,	25753
heating or cooling company, or sewage disposal system company, or	25754
that is providing cable television service.	25755

(B) Except as provided in section 3125.43 of the Revised	25756
Code, the office of child support shall have access to all of the	25757
following unless release of the information is prohibited by	25758
federal or state law:	25759

(1) Any information in the possession of any officer or	25760
entity of the state or any political subdivision of the state that	25761
would aid the office in locating an absent parent or child	25762
pursuant to section 3125.06 of the Revised Code;	25763

(2) Any information concerning the employment, compensation,	25764
and benefits of any obligor or obligee subject to a support order	25765
in the possession of any person;	25766

(3) The name and address of any obligor or obligee subject to	25767
a support order and the obligor's or obligee's employer in the	25768
customer records of a public utility.	25769

Sec. 3301.55. (A) A school district, county DD board, or	25770
eligible nonpublic school operating a preschool program shall	25771
house the program in buildings that meet the following	25772
requirements:	25773

(1) The building is operated by the district, county DD	25774
board, or eligible nonpublic school and has been approved by the	25775
division of ~~labor~~industrial compliance in the department of	25776
commerce or a certified municipal, township, or county building	25777
department for the purpose of operating a program for preschool	25778
children. Any such structure shall be constructed, equipped,	25779
repaired, altered, and maintained in accordance with applicable	25780
provisions of Chapters 3781. and 3791. and with rules adopted by	25781
the board of building standards under Chapter 3781. of the Revised	25782
Code for the safety and sanitation of structures erected for this	25783
purpose.	25784

(2) The building is in compliance with fire and safety laws	25785
and regulations as evidenced by reports of annual school fire and	25786
safety inspections as conducted by appropriate local authorities.	25787

(3) The school is in compliance with rules established by the	25788
state board of education regarding school food services.	25789

(4) The facility includes not less than thirty-five square	25790
feet of indoor space for each child in the program. Safe play	25791
space, including both indoor and outdoor play space, totaling not	25792
less than sixty square feet for each child using the space at any	25793
one time, shall be regularly available and scheduled for use.	25794

(5) First aid facilities and space for temporary placement or	25795
isolation of injured or ill children are provided.	25796

(B) Each school district, county DD board, or eligible	25797
nonpublic school that operates, or proposes to operate, a	25798
preschool program shall submit a building plan including all	25799
information specified by the state board of education to the board	25800
not later than the first day of September of the school year in	25801
which the program is to be initiated. The board shall determine	25802
whether the buildings meet the requirements of this section and	25803
section 3301.53 of the Revised Code, and notify the superintendent	25804
of its determination. If the board determines, on the basis of the	25805
building plan or any other information, that the buildings do not	25806
meet those requirements, it shall cause the buildings to be	25807
inspected by the department of education. The department shall	25808
make a report to the superintendent specifying any aspects of the	25809
building that are not in compliance with the requirements of this	25810
section and section 3301.53 of the Revised Code and the time	25811
period that will be allowed the district, county DD board, or	25812
school to meet the requirements.	25813

Sec. 3304.14. (A) The governor shall appoint an administrator	25814
of the rehabilitation services commission to serve at the pleasure	25815
of the governor and shall fix the administrator's compensation.	25816
The administrator shall devote the administrator's entire time to	25817
the duties of the administrator's office, shall hold no other	25818
office or position of trust and profit, and shall engage in no	25819
other business during the administrator's term of office. The	25820
governor may grant the administrator the authority to appoint,	25821
remove, and discipline without regard to sex, race, creed, color,	25822
age, or national origin, such other professional, administrative,	25823
and clerical staff members as are necessary to carry out the	25824
functions and duties of the commission.	25825

(B)(1) The administrator shall have exclusive authority to	25826
administer the daily operation and provision of vocational	25827
rehabilitation services under this chapter.	25828

(2) The administrator shall establish a fee schedule for	25829
vocational rehabilitation services in accordance with 34 C.F.R.	25830
361.50.	25831

Sec. 3304.16. In carrying out the purposes of sections	25832
3304.11 to 3304.27 of the Revised Code, the rehabilitation	25833
services commission:	25834

(A) Shall develop all necessary rules;

25835

(B) Shall prepare and submit to the governor annual reports	25836
of activities and expenditures and, prior to each first regular	25837
session of the general assembly, an estimate of sums required to	25838
carry out the commission's responsibilities;	25839

(C) Shall certify any disbursement of funds available to the	25840
commission for vocational rehabilitation activities;	25841

(D) Shall serve as the sole state agency designated to	25842
administer the plan under the "Rehabilitation Act of 1973," 87	25843
Stat. 355, 29 U.S.C. 701, as amended;	25844

(E) Shall take appropriate action to guarantee rights of and	25845
services to handicapped persons;	25846

(F) Shall consult with and advise other state agencies to	25847
assist them in meeting the needs of handicapped persons more	25848
effectively and to achieve maximum coordination among programs for	25849
the handicapped;	25850

(G) Shall establish an administrative division of consumer	25851
affairs and advocacy within the commission to promote and help	25852
guarantee the rights of handicapped persons;	25853

(H) Shall maintain an inventory of state services that are	25854
available to handicapped persons;	25855

(I) Shall utilize, support, assist, and cooperate with the	25856
governor's committee on employment of the handicapped;	25857

(J) May delegate to any officer or employee of the commission	25858
any necessary powers and duties, except that the commission shall	25859
delegate to the administrator of the commission, as provided in	25860
section 3304.14 of the Revised Code, the power and duty to	25861
administer the daily operation and provision of vocational	25862
rehabilitation services;	25863

(K) May take any other necessary or appropriate action for	25864
cooperation with public and private agencies and organizations	25865
which may include:	25866

(1) Reciprocal agreements with other states to provide for	25867
the vocational rehabilitation of individuals within the states	25868
concerned;	25869

(2) Contracts or other arrangements with public and other	25870
nonprofit agencies and organizations for the construction or	25871
establishment and operation of vocational rehabilitation programs	25872
and facilities;	25873

(3) Cooperative arrangements with the federal government for	25874
carrying out sections 3304.11 to 3304.27 of the Revised Code, the	25875
"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.	25876
31, as amended, or other federal statutes pertaining to vocational	25877
rehabilitation, and to this end, may adopt plans and methods of	25878
administration found necessary by the federal government for the	25879
efficient operation of any joint arrangements or the efficient	25880
application of any federal statutes;	25881

(4) Upon the designation of the governor, performing	25882
functions and services for the federal government relating to	25883
individuals under a physical or mental disability.	25884

(L) ~~Shall comply with~~May take any ~~requirements~~appropriate	25885
action necessary to obtain federal funds in the maximum amount and	25886
most advantageous proportion possible.;	25887

(M) May conduct research and demonstration projects,	25888
including inquiries concerning the causes of blindness and its	25889
prevention, provide training and instruction, including the	25890
establishment and maintenance of research fellowships and	25891
traineeships along with all necessary stipends and allowances,	25892
disseminate information, and provide technical assistance relating	25893
to vocational rehabilitation;	25894

(N) May plan, establish, and operate programs, facilities,	25895
and services relating to vocational rehabilitation;	25896

(O) May accept and hold, invest, reinvest, or otherwise use	25897
gifts made for the purpose of furthering vocational	25898
rehabilitation;	25899

(P) May ameliorate the condition of the aged blind or other	25900
severely disabled individuals by establishing a program of home	25901
visitation by commission employees for the purpose of instruction;	25902

(Q) May establish and manage small business enterprises that	25903
are operated by persons with a substantial handicap to employment,	25904
including blind persons;	25905

(R) May purchase from insurance companies licensed to do	25906
business in this state any insurance deemed necessary by the	25907
commission for the efficient operation of a suitable vending	25908
facility as defined in division (A) of section 3304.28 of the	25909
Revised Code;	25910

(S) May accept directly from any state agency, and any state	25911
agency may transfer directly to the commission, surplus computers	25912
and computer equipment to be used for any purposes the commission	25913
considers appropriate, notwithstanding sections 125.12 to 125.14	25914
of the Revised Code.	25915

Sec. 3304.181. If the total of all funds available from	25916
nonfederal sources to support the activities of the rehabilitation	25917
services commission does not comply with the expenditure	25918
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	25919
or would cause the state to lose an allotment or fail to receive a	25920
reallotment under 34 C.F.R. 361.65, the commission ~~shall~~may	25921
solicit additional funds from, and enter into agreements for the	25922
use of those funds with, private or public entities, including	25923
local government entities of this state. The commission ~~shall~~may	25924
continue to solicit additional funds and enter into agreements	25925
until the total funding available is sufficient for the commission	25926
to receive federal funds at the maximum amount and in the most	25927
advantageous proportion possible.	25928

Any agreement entered into between the commission and a	25929
private or public entity to provide funds under this section shall	25930
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the	25931
Revised Code.	25932

Sec. 3304.182. Any agreement between the rehabilitation	25933
services commission and a private or public entity providing funds	25934
under section 3304.181 of the Revised Code may permit the	25935
commission to receive a specified percentage of the funds, but the	25936
percentage shall be not more than twenty-five per cent of the	25937
total funds available under the agreement. ~~The agreement shall not~~	25938
~~be for less than six months or be discontinued by the commission~~	25939
~~without the commission first providing three months notice of~~	25940
~~intent to discontinue the agreement.~~ The commission may terminate	25941
an agreement ~~only~~at any time for ~~good~~just cause. It may	25942
terminate an agreement for any other reason by giving at least	25943
thirty days' notice to the public or private entity.	25944

Any services provided under an agreement entered into under	25945
section 3304.181 of the Revised Code shall be provided by a person	25946
or government entity that meets the accreditation standards	25947
established in rules adopted by the commission under section	25948
3304.16 of the Revised Code.	25949

Sec. 3307.152. (A) As used in this section and in section	25950
3307.154 of the Revised Code:	25951

(1) "Agent" means a dealer, as defined in section 1707.01 of	25952
the Revised Code, who is licensed under sections 1707.01 to	25953
1707.45 of the Revised Code or under comparable laws of another	25954
state or of the United States.	25955

(2) "Minority business enterprise" has the same meaning as in	25956
section 122.71 of the Revised Code.	25957

(3) "Ohio-qualified agent" means an agent designated as such	25958
by the state teachers retirement board.	25959

(4) "Ohio-qualified investment manager" means an investment	25960
manager designated as such by the state teachers retirement board.	25961

(5) "Principal place of business" means an office in which	25962
the agent regularly provides securities or investment advisory	25963
services and solicits, meets with, or otherwise communicates with	25964
clients.	25965

(B) The state teachers retirement board shall, for the	25966
purposes of this section, designate an agent as an Ohio-qualified	25967
agent if the agent meets all of the following requirements:	25968

(1) The agent is subject to taxation under Chapter 5725.,	25969
5726., 5733., or 5747. of the Revised Code.	25970

(2) The agent is authorized to conduct business in this	25971
state.	25972

(3) The agent maintains a principal place of business in this	25973
state and employs at least five residents of this state.	25974

(C) The state teachers retirement board shall adopt and	25975
implement a written policy to establish criteria and procedures	25976
used to select agents to execute securities transactions on behalf	25977
of the retirement system. The policy shall address each of the	25978
following:	25979

~~(a)~~(1) Commissions charged by the agent, both in the	25980
aggregate and on a per share basis;	25981

~~(b)~~(2) The execution speed and trade settlement capabilities	25982
of the agent;	25983

~~(c)~~(3) The responsiveness, reliability, and integrity of the	25984
agent;	25985

~~(d)~~(4) The nature and value of research provided by the	25986
agent;	25987

~~(e)~~(5) Any special capabilities of the agent.

25988

(D)(1) The board shall, at least annually, establish a policy	25989
with the goal to increase utilization by the board of	25990
Ohio-qualified agents for the execution of domestic equity and	25991
fixed income trades on behalf of the retirement system, when an	25992
Ohio-qualified agent offers quality, services, and safety	25993
comparable to other agents otherwise available to the board and	25994
meets the criteria established under division (C) of this section.	25995

(2) The board shall review, at least annually, the	25996
performance of the agents that execute securities transactions on	25997
behalf of the board.	25998

(3) The board shall determine whether an agent is an	25999
Ohio-qualified agent, meets the criteria established by the board	26000
pursuant to division (C) of this section, and offers quality,	26001
services, and safety comparable to other agents otherwise	26002
available to the board. The board's determination shall be final.	26003

(E) The board shall, at least annually, submit to the Ohio	26004
retirement study council a report containing the following	26005
information:	26006

(1) The name of each agent designated as an Ohio-qualified	26007
agent under this section;	26008

(2) The name of each agent that executes securities	26009
transactions on behalf of the board;	26010

(3) The amount of equity and fixed-income trades that are	26011
executed by Ohio-qualified agents, expressed as a percentage of	26012
all equity and fixed-income trades that are executed by agents on	26013
behalf of the board;	26014

(4) The compensation paid to Ohio-qualified agents, expressed	26015
as a percentage of total compensation paid to all agents that	26016
execute securities transactions on behalf of the board;	26017

(5) The amount of equity and fixed-income trades that are	26018
executed by agents that are minority business enterprises,	26019
expressed as a percentage of all equity and fixed-income trades	26020
that are executed by agents on behalf of the board;	26021

(6) Any other information requested by the Ohio retirement	26022
study council regarding the board's use of agents.	26023

Sec. 3307.154. (A) The state teachers retirement board shall,	26024
for the purposes of this section, designate an investment manager	26025
as an Ohio-qualified investment manager if the investment manager	26026
meets all of the following requirements:	26027

(1) The investment manager is subject to taxation under	26028
Chapter 5725., 5726., 5733., or 5747. of the Revised Code.	26029

(2) The investment manager meets one of the following	26030
requirements:	26031

(a) Has its corporate headquarters or principal place of	26032
business in this state;	26033

(b) Employs at least five hundred individuals in this state;

26034

(c) Has a principal place of business in this state and	26035
employs at least twenty residents of this state.	26036

(B)(1) The board shall, at least annually, establish a policy	26037
with the goal to increase utilization by the board of	26038
Ohio-qualified investment managers, when an Ohio-qualified	26039
investment manager offers quality, services, and safety comparable	26040
to other investment managers otherwise available to the board. The	26041
policy shall also provide for the following:	26042

(a) A process whereby the board can develop a list of	26043
Ohio-qualified investment managers and their investment products;	26044

(b) A process whereby the board can give public notice to	26045
Ohio-qualified investment managers of the board's search for an	26046
investment manager that includes the board's search criteria.	26047

(2) The board shall determine whether an investment manager	26048
is an Ohio-qualified investment manager and whether the investment	26049
manager offers quality, services, and safety comparable to other	26050
investment managers otherwise available to the board. The board's	26051
determination shall be final.	26052

(C) The board shall, at least annually, submit to the Ohio	26053
retirement study council a report containing the following	26054
information:	26055

(1) The name of each investment manager designated as an	26056
Ohio-qualified investment manager under this section;	26057

(2) The name of each investment manager with which the board	26058
contracts;	26059

(3) The amount of assets managed by Ohio-qualified investment	26060
managers, expressed as a percentage of the total assets held by	26061
the retirement system and as a percentage of assets managed by	26062
investment managers with which the board has contracted;	26063

(4) The compensation paid to Ohio-qualified investment	26064
managers, expressed as a percentage of total compensation paid to	26065
all investment managers with which the board has contracted;	26066

(5) Any other information requested by the Ohio retirement	26067
study council regarding the board's use of investment managers.	26068

Sec. 3309.157. (A) As used in this section and in section	26069
3309.159 of the Revised Code:	26070

(1) "Agent" means a dealer, as defined in section 1707.01 of	26071
the Revised Code, who is licensed under sections 1707.01 to	26072
1707.45 of the Revised Code or under comparable laws of another	26073
state or of the United States.	26074

(2) "Minority business enterprise" has the same meaning as in	26075
section 122.71 of the Revised Code.	26076

(3) "Ohio-qualified agent" means an agent designated as such	26077
by the school employees retirement board.	26078

(4) "Ohio-qualified investment manager" means an investment	26079
manager designated as such by the school employees retirement	26080
board.	26081

(5) "Principal place of business" means an office in which	26082
the agent regularly provides securities or investment advisory	26083
services and solicits, meets with, or otherwise communicates with	26084
clients.	26085

(B) The school employees retirement board shall, for the	26086
purposes of this section, designate an agent as an Ohio-qualified	26087
agent if the agent meets all of the following requirements:	26088

(1) The agent is subject to taxation under Chapter 5725.,	26089
5726., 5733., or 5747. of the Revised Code.	26090

(2) The agent is authorized to conduct business in this	26091
state.	26092

(3) The agent maintains a principal place of business in this	26093
state and ~~employees~~employs at least five residents of this state.	26094

(C) The school employees retirement board shall adopt and	26095
implement a written policy to establish criteria and procedures	26096
used to select agents to execute securities transactions on behalf	26097
of the retirement system. The policy shall address each of the	26098
following:	26099

~~(a)~~(1) Commissions charged by the agent, both in the	26100
aggregate and on a per share basis;	26101

~~(b)~~(2) The execution speed and trade settlement capabilities	26102
of the agent;	26103

~~(c)~~(3) The responsiveness, reliability, and integrity of the	26104
agent;	26105

~~(d)~~(4) The nature and value of research provided by the	26106
agent;	26107

~~(e)~~(5) Any special capabilities of the agent.

26108

(D)(1) The board shall, at least annually, establish a policy	26109
with the goal to increase utilization by the board of	26110
Ohio-qualified agents for the execution of domestic equity and	26111
fixed income trades on behalf of the retirement system, when an	26112
Ohio-qualified agent offers quality, services, and safety	26113
comparable to other agents otherwise available to the board and	26114
meets the criteria established under division (C) of this section.	26115

(2) The board shall review, at least annually, the	26116
performance of the agents that execute securities transactions on	26117
behalf of the board.	26118

(3) The board shall determine whether an agent is an	26119
Ohio-qualified agent, meets the criteria established by the board	26120
pursuant to division (C) of this section, and offers quality,	26121
services, and safety comparable to other agents otherwise	26122
available to the board. The board's determination shall be final.	26123

(E) The board shall, at least annually, submit to the Ohio	26124
retirement study council a report containing the following	26125
information:	26126

(1) The name of each agent designated as an Ohio-qualified	26127
agent under this section;	26128

(2) The name of each agent that executes securities	26129
transactions on behalf of the board;	26130

(3) The amount of equity and fixed-income trades that are	26131
executed by Ohio-qualified agents, expressed as a percentage of	26132
all equity and fixed-income trades that are executed by agents on	26133
behalf of the board;	26134

(4) The compensation paid to Ohio-qualified agents, expressed	26135
as a percentage of total compensation paid to all agents that	26136
execute securities transactions on behalf of the board;	26137

(5) The amount of equity and fixed-income trades that are	26138
executed by agents that are minority business enterprises,	26139
expressed as a percentage of all equity and fixed-income trades	26140
that are executed by agents on behalf of the board;	26141

(6) Any other information requested by the Ohio retirement	26142
study council regarding the board's use of agents.	26143

Sec. 3309.159. (A) The school employees retirement board	26144
shall, for the purposes of this section, designate an investment	26145
manager as an Ohio-qualified investment manager if the investment	26146
manager meets all of the following requirements:	26147

(1) The investment manager is subject to taxation under	26148
Chapter 5725., 5726., 5733., or 5747. of the Revised Code.	26149

(2) The investment manager meets one of the following	26150
requirements:	26151

(a) Has its corporate headquarters or principal place of	26152
business in this state;	26153

(b) Employs at least five hundred individuals in this state;

26154

(c) Has a principal place of business in this state and	26155
employs at least 20twenty residents of this state.	26156

(B)(1) The board shall, at least annually, establish a policy	26157
with the goal to increase utilization by the board of	26158
Ohio-qualified investment managers, when an Ohio-qualified	26159
investment manager offers quality, services, and safety comparable	26160
to other investment managers otherwise available to the board. The	26161
policy shall also provide for the following:	26162

(a) A process whereby the board can develop a list of	26163
Ohio-qualified investment managers and their investment products;	26164

(b) A process whereby the board can give public notice to	26165
Ohio-qualified investment managers of the board's search for an	26166
investment manager that includes the board's search criteria.	26167

(2) The board shall determine whether an investment manager	26168
is an Ohio-qualified investment manager and whether the investment	26169
manager offers quality, services, and safety comparable to other	26170
investment managers otherwise available to the board. The board's	26171
determination shall be final.	26172

(C) The board shall, at least annually, submit to the Ohio	26173
retirement study council a report containing the following	26174
information:	26175

(1) The name of each investment manager designated as an	26176
Ohio-qualified investment manager under this section;	26177

(2) The name of each investment manager with which the board	26178
contracts;	26179

(3) The amount of assets managed by Ohio-qualified investment	26180
managers, expressed as a percentage of the total assets held by	26181
the retirement system and as a percentage of assets managed by	26182
investment managers with which the board has contracted;	26183

(4) The compensation paid to Ohio-qualified investment	26184
managers, expressed as a percentage of total compensation paid to	26185
all investment managers with which the board has contracted;	26186

(5) Any other information requested by the Ohio retirement	26187
study council regarding the board's use of investment managers.	26188

Sec. 3313.65. (A) As used in this section and section	26189
3313.64 of the Revised Code:	26190

(1) A person is "in a residential facility" if the person is	26191
a resident or a resident patient of an institution, home, or other	26192
residential facility that is:	26193

(a) Licensed as a nursing home, residential care facility, or	26194
home for the aging by the director of health under section 3721.02	26195
of the Revised Code;	26196

(b) ~~Licensed as an adult care facility by the director of~~	26197
~~mental health under sections 5119.70 to 5119.88 of the Revised~~	26198
~~Code;~~	26199

~~(c)~~ Maintained as a county home or district home by the board	26200
of county commissioners or a joint board of county commissioners	26201
under Chapter 5155. of the Revised Code;	26202

~~(d)~~(c) Operated or administered by a board of alcohol, drug	26203
addiction, and mental health services under section 340.03 or	26204
340.06 of the Revised Code, or provides residential care pursuant	26205
to contracts made under section 340.03 or 340.033 of the Revised	26206
Code;	26207

~~(e)~~(d) Maintained as a state institution for the mentally ill	26208
under Chapter 5119. of the Revised Code;	26209

~~(f)~~(e) Licensed by the department of mental health under	26210
section 5119.20 or 5119.22 of the Revised Code;	26211

~~(g)~~(f) Licensed as a residential facility by the department	26212
of developmental disabilities under section 5123.19 of the Revised	26213
Code;	26214

~~(h)~~(g) Operated by the veteran's administration or another	26215
agency of the United States government;	26216

~~(i)~~(h) Operated by the Ohio veterans' home.

26217

(2) A person is "in a correctional facility" if any of the	26218
following apply:	26219

(a) The person is an Ohio resident and is:

26220

(i) Imprisoned, as defined in section 1.05 of the Revised	26221
Code;	26222

(ii) Serving a term in a community-based correctional	26223
facility or a district community-based correctional facility;	26224

(iii) Required, as a condition of parole, a post-release	26225
control sanction, a community control sanction, transitional	26226
control, or early release from imprisonment, as a condition of	26227
shock parole or shock probation granted under the law in effect	26228
prior to July 1, 1996, or as a condition of a furlough granted	26229
under the version of section 2967.26 of the Revised Code in effect	26230
prior to March 17, 1998, to reside in a halfway house or other	26231
community residential center licensed under section 2967.14 of the	26232
Revised Code or a similar facility designated by the court of	26233
common pleas that established the condition or by the adult parole	26234
authority.	26235

(b) The person is imprisoned in a state correctional	26236
institution of another state or a federal correctional institution	26237
but was an Ohio resident at the time the sentence was imposed for	26238
the crime for which the person is imprisoned.	26239

(3) A person is "in a juvenile residential placement" if the	26240
person is an Ohio resident who is under twenty-one years of age	26241
and has been removed, by the order of a juvenile court, from the	26242
place the person resided at the time the person became subject to	26243
the court's jurisdiction in the matter that resulted in the	26244
person's removal.	26245

(4) "Community control sanction" has the same meaning as in	26246
section 2929.01 of the Revised Code.	26247

(5) "Post-release control sanction" has the same meaning as	26248
in section 2967.01 of the Revised Code.	26249

(B) If the circumstances described in division (C) of this	26250
section apply, the determination of what school district must	26251
admit a child to its schools and what district, if any, is liable	26252
for tuition shall be made in accordance with this section, rather	26253
than section 3313.64 of the Revised Code.	26254

(C) A child who does not reside in the school district in	26255
which the child's parent resides and for whom a tuition obligation	26256
previously has not been established under division (C)(2) of	26257
section 3313.64 of the Revised Code shall be admitted to the	26258
schools of the district in which the child resides if at least one	26259
of the child's parents is in a residential or correctional	26260
facility or a juvenile residential placement and the other parent,	26261
if living and not in such a facility or placement, is not known to	26262
reside in this state.	26263

(D) Regardless of who has custody or care of the child,	26264
whether the child resides in a home, or whether the child receives	26265
special education, if a district admits a child under division (C)	26266
of this section, tuition shall be paid to that district as	26267
follows:	26268

(1) If the child's parent is in a juvenile residential	26269
placement, by the district in which the child's parent resided at	26270
the time the parent became subject to the jurisdiction of the	26271
juvenile court;	26272

(2) If the child's parent is in a correctional facility, by	26273
the district in which the child's parent resided at the time the	26274
sentence was imposed;	26275

(3) If the child's parent is in a residential facility, by	26276
the district in which the parent resided at the time the parent	26277
was admitted to the residential facility, except that if the	26278
parent was transferred from another residential facility, tuition	26279
shall be paid by the district in which the parent resided at the	26280
time the parent was admitted to the facility from which the parent	26281
first was transferred;	26282

(4) In the event of a disagreement as to which school	26283
district is liable for tuition under division (C)(1), (2), or (3)	26284
of this section, the superintendent of public instruction shall	26285
determine which district shall pay tuition.	26286

(E) If a child covered by division (D) of this section	26287
receives special education in accordance with Chapter 3323. of the	26288
Revised Code, the tuition shall be paid in accordance with section	26289
3323.13 or 3323.14 of the Revised Code. Tuition for children who	26290
do not receive special education shall be paid in accordance with	26291
division (J) of section 3313.64 of the Revised Code.	26292

Sec. 3313.71. School physicians may make examinations, which	26293
shall include tests to determine the existence of hearing defects,	26294
and diagnoses of all children referred to them. They may make such	26295
examination of teachers and other school employees and inspection	26296
of school buildings as in their opinion the protection of health	26297
of the pupils, teachers, and other school employees requires.	26298

Boards of education shall require and provide, in accordance	26299
with section 3313.67 of the Revised Code, such tests and	26300
examinations for tuberculosis of pupils in selected grades and of	26301
school employees as may be required by the ~~Ohio public~~director of	26302
health ~~council~~.	26303

Boards may require annual tuberculin tests of any grades. All	26304
pupils with positive reactions to the test shall have chest x-rays	26305
and all positive reactions and x-ray findings shall be reported	26306
promptly to the county record bureau of tuberculosis cases	26307
provided for in section 339.74 of the Revised Code. Boards shall	26308
waive the required test where a pupil presents a written statement	26309
from the pupil's family physician certifying that such test has	26310
been given and that such pupil is free from tuberculosis in a	26311
communicable stage, or that such test is inadvisable for medical	26312
reasons, or from the pupil's parent or guardian objecting to such	26313
test because of religious convictions.	26314

Whenever a pupil, teacher, or other school employee is found	26315
to be ill or suffering from tuberculosis in a communicable stage	26316
or other communicable disease, the school physician shall promptly	26317
send such pupil, teacher, or other school employee home, with a	26318
statement, in the case of a pupil, to the pupil's parents or	26319
guardian, briefly setting forth the discovered facts, and advising	26320
that the family physician be consulted. School physicians shall	26321
keep accurate card-index records of all examinations, and said	26322
records, that they may be uniform throughout the state, shall be	26323
according to the form prescribed by the state board of education,	26324
and the reports shall be made according to the method of said	26325
form. If the parent or guardian of any pupil or any teacher or	26326
other school employee, after notice from the board of education,	26327
furnishes within two weeks thereafter the written certificate of	26328
any reputable physician that the pupil, teacher, or other school	26329
employee has been examined, in such cases the service of the	26330
school physician shall be dispensed with, and such certificate	26331
shall be furnished by such parent or guardian, as required by the	26332
board of education. Such individual records shall not be open to	26333
the public and shall be solely for the use of the boards of	26334
education and boards of health officer. If any teacher or other	26335
school employee is found to have tuberculosis in a communicable	26336
stage or other communicable disease, the teacher's or employee's	26337
employment shall be discontinued or suspended upon such terms as	26338
to salary as the board deems just until the school physician has	26339
certified to a recovery from such disease. The methods of making	26340
the tuberculin tests and chest x-rays required by this section	26341
shall be such as are approved by the director of health.	26342

Sec. 3316.04. (A) Within sixty days of the auditor's	26343
declaration under division (A) of section 3316.03 of the Revised	26344
Code, the board of education of the school district shall prepare	26345
and submit to the superintendent of public instruction a financial	26346
plan delineating the steps the board will take to eliminate the	26347
district's current operating deficit and avoid incurring operating	26348
deficits in ensuing years, including the implementation of	26349
spending reductions and shared services agreements with other	26350
political subdivisions for the joint exercise of any power,	26351
performance of any function, or rendering of any service, if so	26352
authorized by statute. The superintendent of public instruction	26353
shall evaluate the initial financial plan, and either approve or	26354
disapprove it within thirty calendar days from the date of its	26355
submission. If the initial financial plan is disapproved, the	26356
state superintendent shall recommend modifications that will	26357
render the financial plan acceptable. No school district board	26358
shall implement a financial plan submitted to the superintendent	26359
of public instruction under this section unless the superintendent	26360
has approved the plan.	26361

(B) Upon request of the board of education of a school	26362
district declared to be in a state of fiscal watch, the auditor of	26363
state and superintendent of public instruction shall provide	26364
technical assistance to the board in resolving the fiscal problems	26365
that gave rise to the declaration, including assistance in	26366
drafting the board's financial plan.	26367

(C) A financial plan adopted under this section may be	26368
amended at any time with the approval of the superintendent. The	26369
board of education of the school district shall submit an updated	26370
financial plan to the superintendent, for the superintendent's	26371
approval, every year that the district is in a state of fiscal	26372
watch. The updated plan shall be submitted in a form acceptable to	26373
the superintendent. The superintendent shall approve or disapprove	26374
each updated plan no later than the anniversary of the date on	26375
which the first such plan was approved.	26376

(D) A school district that has restructured or refinanced a	26377
loan under section 3316.041 of the Revised Code shall be declared	26378
to be in a state of fiscal emergency if any of the following	26379
occurs:	26380

(1) An operating deficit is certified for the district under	26381
section 3313.483 of the Revised Code for any year prior to the	26382
repayment of the restructured or refinanced loan;	26383

(2) The superintendent determines, in consultation with the	26384
auditor of state, that the school district is not satisfactorily	26385
complying with the terms of the financial plan required by this	26386
section;	26387

(3) The board of education of the school district fails to	26388
submit an updated plan that is acceptable to the superintendent	26389
under division (C) of this section.	26390

Sec. 3316.06. (A) Within one hundred twenty days after the	26391
first meeting of a school district financial planning and	26392
supervision commission, the commission shall adopt a financial	26393
recovery plan regarding the school district for which the	26394
commission was created. During the formulation of the plan, the	26395
commission shall seek appropriate input from the school district	26396
board and from the community. This plan shall contain the	26397
following:	26398

(1) Actions to be taken to:

26399

(a) Eliminate all fiscal emergency conditions declared to	26400
exist pursuant to division (B) of section 3316.03 of the Revised	26401
Code;	26402

(b) Satisfy any judgments, past-due accounts payable, and all	26403
past-due and payable payroll and fringe benefits;	26404

(c) Eliminate the deficits in all deficit funds, except that	26405
any prior year deficits in the capital and maintenance fund	26406
established pursuant to section 3315.18 of the Revised Code shall	26407
be forgiven;	26408

(d) Restore to special funds any moneys from such funds that	26409
were used for purposes not within the purposes of such funds, or	26410
borrowed from such funds by the purchase of debt obligations of	26411
the school district with the moneys of such funds, or missing from	26412
the special funds and not accounted for, if any;	26413

(e) Balance the budget, avoid future deficits in any funds,	26414
and maintain on a current basis payments of payroll, fringe	26415
benefits, and all accounts;	26416

(f) Avoid any fiscal emergency condition in the future;

26417

(g) Restore the ability of the school district to market	26418
long-term general obligation bonds under provisions of law	26419
applicable to school districts generally;	26420

(h) Enter into shared services agreements with other	26421
political subdivisions for the joint exercise of any power,	26422
performance of any function, or rendering of any service, if so	26423
authorized by statute.	26424

(2) The management structure that will enable the school	26425
district to take the actions enumerated in division (A)(1) of this	26426
section. The plan shall specify the level of fiscal and management	26427
control that the commission will exercise within the school	26428
district during the period of fiscal emergency, and shall	26429
enumerate respectively, the powers and duties of the commission	26430
and the powers and duties of the school board during that period.	26431
The commission may elect to assume any of the powers and duties of	26432
the school board it considers necessary, including all powers	26433
related to personnel, curriculum, and legal issues in order to	26434
successfully implement the actions described in division (A)(1) of	26435
this section.	26436

(3) The target dates for the commencement, progress upon, and	26437
completion of the actions enumerated in division (A)(1) of this	26438
section and a reasonable period of time expected to be required to	26439
implement the plan. The commission shall prepare a reasonable time	26440
schedule for progress toward and achievement of the requirements	26441
for the plan, and the plan shall be consistent with that time	26442
schedule.	26443

(4) The amount and purpose of any issue of debt obligations	26444
that will be issued, together with assurances that any such debt	26445
obligations that will be issued will not exceed debt limits	26446
supported by appropriate certifications by the fiscal officer of	26447
the school district and the county auditor. Debt obligations	26448
issued pursuant to section 133.301 of the Revised Code shall	26449
include assurances that such debt shall be in an amount not to	26450
exceed the amount certified under division (B) of such section. If	26451
the commission considers it necessary in order to maintain or	26452
improve educational opportunities of pupils in the school	26453
district, the plan may include a proposal to restructure or	26454
refinance outstanding debt obligations incurred by the board under	26455
section 3313.483 of the Revised Code contingent upon the approval,	26456
during the period of the fiscal emergency, by district voters of a	26457
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	26458
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	26459
renewal or replacement levy, or a levy under section 5705.199 of	26460
the Revised Code, and that will provide new operating revenue.	26461
Notwithstanding any provision of Chapter 133. or sections 3313.483	26462
to 3313.4811 of the Revised Code, following the required approval	26463
of the district voters and with the approval of the commission,	26464
the school district may issue securities to evidence the	26465
restructuring or refinancing. Those securities may extend the	26466
original period for repayment, not to exceed ten years, and may	26467
alter the frequency and amount of repayments, interest or other	26468
financing charges, and other terms of agreements under which the	26469
debt originally was contracted, at the discretion of the	26470
commission, provided that any loans received pursuant to section	26471
3313.483 of the Revised Code shall be paid from funds the district	26472
would otherwise receive under Chapter 3317. of the Revised Code,	26473
as required under division (E)(3) of section 3313.483 of the	26474
Revised Code. The securities issued for the purpose of	26475
restructuring or refinancing the debt shall be repaid in equal	26476
payments and at equal intervals over the term of the debt and are	26477
not eligible to be included in any subsequent proposal for the	26478
purpose of restructuring or refinancing debt under this section.	26479

(B) Any financial recovery plan may be amended subsequent to	26480
its adoption. Each financial recovery plan shall be updated	26481
annually.	26482

(C) Each school district financial planning and supervision	26483
commission shall submit the financial recovery plan it adopts or	26484
updates under this section to the state superintendent of public	26485
instruction for approval immediately following its adoption or	26486
updating. The state superintendent shall evaluate the plan and	26487
either approve or disapprove it within thirty calendar days from	26488
the date of its submission. If the plan is disapproved, the state	26489
superintendent shall recommend modifications that will render it	26490
acceptable. No financial planning and supervision commission shall	26491
implement a financial recovery plan that is adopted or updated on	26492
or after April 10, 2001, unless the state superintendent has	26493
approved it.	26494

Sec. 3318.10. When such working drawings, specifications,	26495
and estimates of cost have been approved by the school district	26496
board and the Ohio school facilities commission, the treasurer of	26497
the school district board shall advertise for construction bids in	26498
accordance with section 3313.46 of the Revised Code. Such notices	26499
shall state that plans and specifications for the project are on	26500
file in the office of the commission and such other place as may	26501
be designated in such notice, and the time and place when and	26502
where bids therefor will be received.	26503

The form of proposal to be submitted by bidders shall be	26504
supplied by the commission. Bidders may be permitted to bid upon	26505
all the branches of work and materials to be furnished and	26506
supplied, upon any branch thereof, or upon all or any thereof.	26507

When the construction bids for all branches of work and	26508
materials have been tabulated, the commission shall cause to be	26509
prepared a revised estimate of the basic project cost based upon	26510
the lowest responsible bids received. If such revised estimate	26511
exceeds the estimated basic project cost as approved by the	26512
controlling board pursuant to section 3318.04 or division (B)(1)	26513
of section 3318.41 of the Revised Code, no contracts may be	26514
entered into pursuant to this section unless such revised estimate	26515
is approved by the commission and by the controlling board. When	26516
such revised estimate has been prepared, and after such approvals	26517
are given, if necessary, and if the school district board has	26518
caused to be transferred to the project construction fund the	26519
proceeds from the sale of the first or first and final installment	26520
of its bonds or bond anticipation notes pursuant to the provision	26521
of the written agreement required by division (B) of section	26522
3318.08 of the Revised Code, and when the director of budget and	26523
management has certified that there is a balance in the	26524
appropriation, not otherwise obligated to pay precedent	26525
obligations, pursuant to which the state's share of such revised	26526
estimate is required to be paid, the contract for all branches of	26527
work and materials to be furnished and supplied, or for any branch	26528
thereof as determined by the school district board, shall be	26529
awarded by the school district board to the lowest responsible	26530
bidder subject to the approval of the commission. Such award shall	26531
be made within sixty days after the date on which the bids are	26532
opened, and the successful bidder shall enter into a contract	26533
within ten days after the successful bidder is notified of the	26534
award of the contract.	26535

Subject to the approval of the commission, the school	26536
district board may reject all bids and readvertise. Any contract	26537
made under this section shall be made in the name of the state and	26538
executed on its behalf by the president and treasurer of the	26539
school district board.	26540

The provisions of sections 9.312 and 3313.46 of the Revised	26541
Code, which are applicable to construction contracts of boards of	26542
education, shall apply to construction contracts for the project.	26543

The remedies afforded to any subcontractor, materials	26544
supplier, laborer, mechanic, or persons furnishing material or	26545
machinery for the project under sections 1311.26 to 1311.32 of the	26546
Revised Code, shall apply to contracts entered into under this	26547
section and the itemized statement required by section 1311.26 of	26548
the Revised Code shall be filed with the school district board.	26549

Notwithstanding any other requirement of this section, a	26550
school district, with the approval of the commission, may utilize	26551
any otherwise lawful alternative construction delivery method for	26552
the construction of the project.	26553

Sec. 3318.30. (A) There is hereby created the Ohio school	26554
facilities commission as an independent agency of the state within	26555
the Ohio facilities construction commission, which is created	26556
under section 123.20 of the Revised Code. The Ohio school	26557
facilities commission shall administer the provision of financial	26558
assistance to school districts for the acquisition or construction	26559
of classroom facilities in accordance with sections 3318.01 to	26560
3318.33 of the Revised Code.	26561

The Ohio school facilities commission is a body corporate and	26562
politic, an agency of state government and an instrumentality of	26563
the state, performing essential governmental functions of this	26564
state. The carrying out of the purposes and the exercise by the	26565
Ohio school facilities commission of its powers conferred by	26566
sections 3318.01 to 3318.33 of the Revised Code are essential	26567
public functions and public purposes of the state. The Ohio school	26568
facilities commission may, in its own name, sue and be sued, enter	26569
into contracts, and perform all the powers and duties given to it	26570
by sections 3318.01 to 3318.33 of the Revised Code, but it does	26571
not have and shall not exercise the power of eminent domain. In	26572
its discretion and as it determines appropriate, the Ohio school	26573
facilities commission may delegate to any of its members,	26574
executive director, or other employees any of the Ohio school	26575
facilities commission's powers and duties to carry out its	26576
functions.	26577

(B) The Ohio school facilities commission shall consist of	26578
seven members, three of whom are voting members. The voting	26579
members of the Ohio school facilities commission shall be the	26580
director of the office of budget and management, the director of	26581
administrative services, and the superintendent of public	26582
instruction, or their designees. Of the nonvoting members, two	26583
shall be members of the senate appointed by the president of the	26584
senate, and two shall be members of the house of representatives	26585
appointed by the speaker of the house. Each of the appointees of	26586
the president, and each of the appointees of the speaker, shall be	26587
members of different political parties.	26588

Nonvoting members shall serve as members of the Ohio school	26589
facilities commission during the legislative biennium for which	26590
they are appointed, except that any such member who ceases to be a	26591
member of the legislative house from which the member was	26592
appointed shall cease to be a member of the Ohio school facilities	26593
commission. Each nonvoting member shall be appointed within	26594
thirty-one days of the end of the term of that member's	26595
predecessor. Such members may be reappointed. Vacancies of	26596
nonvoting members shall be filled in the manner provided for	26597
original appointments.	26598

Members of the Ohio school facilities commission shall serve	26599
without compensation.	26600

After the initial nonvoting members of the Ohio school	26601
facilities commission have been appointed, the Ohio school	26602
facilities commission shall meet and organize by electing voting	26603
members as the chairperson and vice-chairperson of the Ohio school	26604
facilities commission, who shall hold their offices until the next	26605
organizational meeting of the Ohio school facilities commission.	26606
Organizational meetings of the Ohio school facilities commission	26607
shall be held at the first meeting of each calendar year. At each	26608
organizational meeting, the Ohio school facilities commission	26609
shall elect from among its voting members a chairperson and	26610
vice-chairperson, who shall serve until the next annual	26611
organizational meeting. The Ohio school facilities commission	26612
shall adopt rules pursuant to section 111.15 of the Revised Code	26613
for the conduct of its internal business and shall keep a journal	26614
of its proceedings. Including the organizational meeting, the Ohio	26615
school facilities commission shall meet at least once each	26616
calendar quarter.	26617

Two voting members of the Ohio school facilities commission	26618
constitute a quorum, and the affirmative vote of two members is	26619
necessary for approval of any action taken by the Ohio school	26620
facilities commission. A vacancy in the membership of the Ohio	26621
school facilities commission does not impair a quorum from	26622
exercising all the rights and performing all the duties of the	26623
Ohio school facilities commission. Meetings of the Ohio school	26624
facilities commission may be held anywhere in the state and shall	26625
be held in compliance with section 121.22 of the Revised Code.	26626

(C) The Ohio school facilities commission shall file an	26627
annual report of its activities and finances with the governor,	26628
speaker of the house of representatives, president of the senate,	26629
and chairpersons of the house and senate finance committees.	26630

(D) The Ohio school facilities commission shall be exempt	26631
from the requirements of sections 101.82 to 101.87 of the Revised	26632
Code.	26633

(E) The Ohio school facilities commission may share employees	26634
and facilities with the Ohio facilities construction commission.	26635

Sec. 3318.31. (A) The Ohio school facilities commission may	26636
perform any act and ensure the performance of any function	26637
necessary or appropriate to carry out the purposes of, and	26638
exercise the powers granted under, Chapter 3318. of the Revised	26639
Code, including any of the following:	26640

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	26641
the Revised Code, rules for the administration of programs	26642
authorized under Chapter 3318. of the Revised Code.	26643

(2) Contract with, retain the services of, or designate, and	26644
fix the compensation of, such agents, accountants, consultants,	26645
advisers, and other independent contractors as may be necessary or	26646
desirable to carry out the programs authorized under Chapter 3318.	26647
of the Revised Code, or authorize the executive director to	26648
perform such powers and duties.	26649

(3) Receive and accept any gifts, grants, donations, and	26650
pledges, and receipts therefrom, to be used for the programs	26651
authorized under Chapter 3318. of the Revised Code.	26652

(4) Make and enter into all contracts, commitments, and	26653
agreements, and execute all instruments, necessary or incidental	26654
to the performance of its duties and the execution of its rights	26655
and powers under Chapter 3318. of the Revised Code, or authorize	26656
the executive director to perform such powers and duties.	26657

(5) Request the ~~director of administrative services~~Ohio	26658
facilities construction commission to debar a contractor as	26659
provided in section 153.02 of the Revised Code.	26660

(B) The Ohio school facilities commission shall appoint and	26661
fix the compensation of an executive director who shall serve at	26662
the pleasure of the Ohio school facilities commission. The	26663
executive director shall exercise all powers that the Ohio school	26664
facilities commission possesses, supervise the operations of the	26665
Ohio school facilities commission and perform such other duties as	26666
delegated by the Ohio school facilities commission. The executive	26667
director also shall employ and fix the compensation of such	26668
employees as will facilitate the activities and purposes of the	26669
Ohio school facilities commission, who shall serve at the pleasure	26670
of the executive director. The employees of the Ohio school	26671
facilities commission shall be exempt from Chapter 4117. of the	26672
Revised Code and shall not be public employees as defined in	26673
section 4117.01 of the Revised Code.	26674

(C) The Ohio school facilities commission may adopt, amend,	26675
and rescind rules pertaining to the administration of the	26676
construction of school facilities of the state under Chapter 119.	26677
of the Revised Code.	26678

(D) The attorney general shall serve as the legal	26679
representative for the Ohio school facilities commission and may	26680
appoint other counsel as necessary for that purpose in accordance	26681
with section 109.07 of the Revised Code.	26682

Sec. 3333.04. The chancellor of the Ohio board of regents	26683
shall:	26684

(A) Make studies of state policy in the field of higher	26685
education and formulate a master plan for higher education for the	26686
state, considering the needs of the people, the needs of the	26687
state, and the role of individual public and private institutions	26688
within the state in fulfilling these needs;	26689

(B)(1) Report annually to the governor and the general	26690
assembly on the findings from the chancellor's studies and the	26691
master plan for higher education for the state;	26692

(2) Report at least semiannually to the general assembly and	26693
the governor the enrollment numbers at each state-assisted	26694
institution of higher education.	26695

(C) Approve or disapprove the establishment of new branches	26696
or academic centers of state colleges and universities;	26697

(D) Approve or disapprove the establishment of state	26698
technical colleges or any other state institution of higher	26699
education;	26700

(E) Recommend the nature of the programs, undergraduate,	26701
graduate, professional, state-financed research, and public	26702
services which should be offered by the state colleges,	26703
universities, and other state-assisted institutions of higher	26704
education in order to utilize to the best advantage their	26705
facilities and personnel;	26706

(F) Recommend to the state colleges, universities, and other	26707
state-assisted institutions of higher education graduate or	26708
professional programs, including, but not limited to, doctor of	26709
philosophy, doctor of education, and juris doctor programs, that	26710
could be eliminated because they constitute unnecessary	26711
duplication, as shall be determined using the process developed	26712
pursuant to this division, or for other good and sufficient cause.	26713
Prior to recommending a program for elimination, the chancellor	26714
shall request the board of regents to hold at least one public	26715
hearing on the matter and advise the chancellor on whether the	26716
program should be recommended for elimination. The board shall	26717
provide notice of each hearing within a reasonable amount of time	26718
prior to its scheduled date. Following the hearing, the board	26719
shall issue a recommendation to the chancellor. The chancellor	26720
shall consider the board's recommendation but shall not be	26721
required to accept it.	26722

For purposes of determining the amounts of any state	26723
instructional subsidies paid to state colleges, universities, and	26724
other state-assisted institutions of higher education, the	26725
chancellor may exclude students enrolled in any program that the	26726
chancellor has recommended for elimination pursuant to this	26727
division except that the chancellor shall not exclude any such	26728
student who enrolled in the program prior to the date on which the	26729
chancellor initially commences to exclude students under this	26730
division.	26731

The chancellor and state colleges, universities, and other	26732
state-assisted institutions of higher education shall jointly	26733
develop a process for determining which existing graduate or	26734
professional programs constitute unnecessary duplication.	26735

(G) Recommend to the state colleges, universities, and other	26736
state-assisted institutions of higher education programs which	26737
should be added to their present programs;	26738

(H) Conduct studies for the state colleges, universities, and	26739
other state-assisted institutions of higher education to assist	26740
them in making the best and most efficient use of their existing	26741
facilities and personnel;	26742

(I) Make recommendations to the governor and general assembly	26743
concerning the development of state-financed capital plans for	26744
higher education; the establishment of new state colleges,	26745
universities, and other state-assisted institutions of higher	26746
education; and the establishment of new programs at the existing	26747
state colleges, universities, and other institutions of higher	26748
education;	26749

(J) Review the appropriation requests of the public community	26750
colleges and the state colleges and universities and submit to the	26751
office of budget and management and to the chairpersons of the	26752
finance committees of the house of representatives and of the	26753
senate the chancellor's recommendations in regard to the biennial	26754
higher education appropriation for the state, including	26755
appropriations for the individual state colleges and universities	26756
and public community colleges. For the purpose of determining the	26757
amounts of instructional subsidies to be paid to state-assisted	26758
colleges and universities, the chancellor shall define "full-time	26759
equivalent student" by program per academic year. The definition	26760
may take into account the establishment of minimum enrollment	26761
levels in technical education programs below which support	26762
allowances will not be paid. Except as otherwise provided in this	26763
section, the chancellor shall make no change in the definition of	26764
"full-time equivalent student" in effect on November 15, 1981,	26765
which would increase or decrease the number of subsidy-eligible	26766
full-time equivalent students, without first submitting a fiscal	26767
impact statement to the president of the senate, the speaker of	26768
the house of representatives, the legislative service commission,	26769
and the director of budget and management. The chancellor shall	26770
work in close cooperation with the director of budget and	26771
management in this respect and in all other matters concerning the	26772
expenditures of appropriated funds by state colleges,	26773
universities, and other institutions of higher education.	26774

(K) Seek the cooperation and advice of the officers and	26775
trustees of both public and private colleges, universities, and	26776
other institutions of higher education in the state in performing	26777
the chancellor's duties and making the chancellor's plans,	26778
studies, and recommendations;	26779

(L) Appoint advisory committees consisting of persons	26780
associated with public or private secondary schools, members of	26781
the state board of education, or personnel of the state department	26782
of education;	26783

(M) Appoint advisory committees consisting of college and	26784
university personnel, or other persons knowledgeable in the field	26785
of higher education, or both, in order to obtain their advice and	26786
assistance in defining and suggesting solutions for the problems	26787
and needs of higher education in this state;	26788

(N) Approve or disapprove all new degrees and new degree	26789
programs at all state colleges, universities, and other	26790
state-assisted institutions of higher education;	26791

(O) Adopt such rules as are necessary to carry out the	26792
chancellor's duties and responsibilities. The rules shall	26793
prescribe procedures for the chancellor to follow when taking	26794
actions associated with the chancellor's duties and	26795
responsibilities and shall indicate which types of actions are	26796
subject to those procedures. The procedures adopted under this	26797
division shall be in addition to any other procedures prescribed	26798
by law for such actions. However, if any other provision of the	26799
Revised Code or rule adopted by the chancellor prescribes	26800
different procedures for such an action, the procedures adopted	26801
under this division shall not apply to that action to the extent	26802
they conflict with the procedures otherwise prescribed by law. The	26803
procedures adopted under this division shall include at least the	26804
following:	26805

(1) Provision for public notice of the proposed action;

26806

(2) An opportunity for public comment on the proposed action,	26807
which may include a public hearing on the action by the board of	26808
regents;	26809

(3) Methods for parties that may be affected by the proposed	26810
action to submit comments during the public comment period;	26811

(4) Submission of recommendations from the board of regents	26812
regarding the proposed action, at the request of the chancellor;	26813

(5) Written publication of the final action taken by the	26814
chancellor and the chancellor's rationale for the action;	26815

(6) A timeline for the process described in divisions (O)(1)	26816
to (5) of this section.	26817

(P) ~~Establish and submit to the governor and the general~~	26818
~~assembly a clear and measurable set of goals and timetables for~~	26819
~~their achievement for each program under the chancellor's~~	26820
~~supervision that is designed to accomplish any of the following:~~	26821

~~(1) Increased access to higher education;~~

26822

~~(2) Job training;~~

26823

~~(3) Adult literacy;~~

26824

~~(4) Research;~~

26825

~~(5) Excellence in higher education;~~

26826

~~(6) Reduction in the number of graduate programs within the~~	26827
~~same subject area.~~	26828

~~In July of each odd-numbered year, the chancellor shall~~	26829
~~submit to the governor and the general assembly a report on~~	26830
~~progress made toward these goals.~~	26831

~~(Q)~~ Make recommendations to the governor and the general	26832
assembly regarding the design and funding of the student financial	26833
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	26834
3333.26, and 5910.02 of the Revised Code;	26835

~~(R)~~(Q) Participate in education-related state or federal	26836
programs on behalf of the state and assume responsibility for the	26837
administration of such programs in accordance with applicable	26838
state or federal law;	26839

~~(S)~~(R) Adopt rules for student financial aid programs as	26840
required by sections 3333.12, 3333.122, 3333.21 to 3333.26,	26841
3333.28, and 5910.02 of the Revised Code, and perform any other	26842
administrative functions assigned to the chancellor by those	26843
sections;	26844

~~(T)~~(S) Conduct enrollment audits of state-supported	26845
institutions of higher education;	26846

~~(U)~~(T) Appoint consortia of college and university personnel	26847
to advise or participate in the development and operation of	26848
statewide collaborative efforts, including the Ohio supercomputer	26849
center, the Ohio academic resources network, OhioLink, and the	26850
Ohio learning network. For each consortium, the chancellor shall	26851
designate a college or university to serve as that consortium's	26852
fiscal agent, financial officer, and employer. Any funds	26853
appropriated for the consortia shall be distributed to the fiscal	26854
agents for the operation of the consortia. A consortium shall	26855
follow the rules of the college or university that serves as its	26856
fiscal agent. The chancellor may restructure existing consortia,	26857
appointed under this division, in accordance with procedures	26858
adopted under divisions ~~(D)~~(O)(1) to (6) of this section.	26859

~~(V)~~(U) Adopt rules establishing advisory duties and	26860
responsibilities of the board of regents not otherwise prescribed	26861
by law;	26862

~~(W)~~(V) Respond to requests for information about higher	26863
education from members of the general assembly and direct staff to	26864
conduct research or analysis as needed for this purpose.	26865

Sec. 3333.041. (A) On or before the last day of December of	26866
each year, the chancellor of the Ohio board of regents shall	26867
submit ~~a report~~ to the governor and, in accordance with section	26868
101.68 of the Revised Code, the general assembly~~, the state board~~	26869
~~of education, and the board of education of each city, exempted~~	26870
~~village, and local school district on the~~a report or reports	26871
concerning all of the following:	26872

(1) The status of graduates of Ohio school districts at	26873
~~state-assisted colleges or universities~~state institutions of	26874
higher education during the twelve-month period ending on the	26875
thirtieth day of September of the current calendar year. The	26876
report shall list, by school district, the number of graduates of	26877
each school district who attended ~~such~~ a ~~college or university~~	26878
state institution of higher education and the percentage of each	26879
district's graduates enrolled in ~~such~~ a ~~college or university~~	26880
state institution of higher education during the reporting period	26881
who were required during such period by the college or university,	26882
as a prerequisite to enrolling in those courses generally required	26883
for first-year students, to enroll in a remedial course in	26884
English, including composition or reading, mathematics, and any	26885
other area designated by the ~~board~~chancellor. The chancellor also	26886
shall make the information described in division (A)(1) of this	26887
section available to the board of education of each city, exempted	26888
village, and local school district.	26889

Each ~~state-assisted college and university~~state institution	26890
of higher education shall, by the first day of November of each	26891
year, submit to the chancellor in the form specified by the	26892
chancellor the information the chancellor requires to compile the	26893
report.	26894

(2) Aggregate academic growth data for students assigned to	26895
graduates of teacher preparation programs approved under section	26896
3333.048 of the Revised Code who teach English language arts or	26897
mathematics in any of grades four to eight in a public school in	26898
Ohio. For this purpose, the chancellor shall use the value-added	26899
progress dimension prescribed by section 3302.021 of the Revised	26900
Code. The chancellor shall aggregate the data by graduating class	26901
for each approved teacher preparation program, except that if a	26902
particular class has ten or fewer graduates to which this section	26903
applies, the chancellor shall report the data for a group of	26904
classes over a three-year period. In no case shall the report	26905
identify any individual graduate. The department of education	26906
shall share any data necessary for the report with the chancellor.	26907

(3) The following information with respect to the Ohio	26908
tuition trust authority:	26909

(a) The name of each investment manager that is a minority	26910
business enterprise or a women's business enterprise with which	26911
the chancellor contracts;	26912

(b) The amount of assets managed by investment managers that	26913
are minority business enterprises or women's business enterprises,	26914
expressed as a percentage of assets managed by investment managers	26915
with which the chancellor has contracted;	26916

(c) Efforts by the chancellor to increase utilization of	26917
investment managers that are minority business enterprises or	26918
women's business enterprises.	26919

(4) The status of implementation of faculty improvement	26920
programs under section 3345.28 of the Revised Code. The report	26921
shall include, but need not be limited to, the following: the	26922
number of professional leave grants made by each institution; the	26923
purpose of each professional leave; and a statement of the cost to	26924
the institution of each professional leave, to the extent that the	26925
cost exceeds the salary of the faculty member on professional	26926
leave.	26927

(5) The number and types of biobased products purchased under	26928
section 125.092 of the Revised Code and the amount of money spent	26929
by state institutions of higher education for those biobased	26930
products as that information is provided to the chancellor under	26931
division (A) of section 3345.692 of the Revised Code.	26932

(6) A description of dual enrollment programs, as defined in	26933
section 3313.6013 of the Revised Code, that are offered by school	26934
districts, community schools established under Chapter 3314. of	26935
the Revised Code, STEM schools established under Chapter 3326. of	26936
the Revised Code, college-preparatory boarding schools established	26937
under Chapter 3328. of the Revised Code, and chartered nonpublic	26938
high schools. The chancellor also shall post the information on	26939
the chancellor's web site.	26940

(7) The academic and economic impact of the Ohio innovation	26941
partnership established under section 3333.61 of the Revised Code.	26942
At a minimum, the report shall include the following:	26943

(a) Progress and performance metrics for each initiative that	26944
received an award in the previous fiscal year;	26945

(b) Economic indicators of the impact of each initiative, and	26946
all initiatives as a whole, on the regional economies and the	26947
statewide economy;	26948

(c) The chancellor's strategy in assigning choose Ohio first	26949
scholarships among state universities and colleges and how the	26950
actual awards fit that strategy.	26951

(8) The academic and economic impact of the Ohio	26952
co-op/internship program established under section 3333.72 of the	26953
Revised Code. At a minimum, the report shall include the	26954
following:	26955

(a) Progress and performance metrics for each initiative that	26956
received an award in the previous fiscal year;	26957

(b) Economic indicators of the impact of each initiative, and	26958
all initiatives as a whole, on the regional economies and the	26959
statewide economy;	26960

(c) The chancellor's strategy in allocating awards among	26961
state institutions of higher education and how the actual awards	26962
fit that strategy.	26963

(B) As used in this section~~, "state-assisted college or~~	26964
~~university" means a state university or college as defined in~~	26965
~~division (A)(1) of section 3345.12 of the Revised Code, community~~	26966
~~colleges, state community colleges, university branches, and~~	26967
~~technical colleges.~~:	26968

(1) "Minority business enterprise" has the same meaning as in	26969
section 122.71 of the Revised Code.	26970

(2) "State institution of higher education" and "state	26971
university" have the same meanings as in section 3345.011 of the	26972
Revised Code.	26973

(3) "State university or college" has the same meaning as in	26974
section 3345.12 of the Revised Code.	26975

(4) "Women's business enterprise" means a business, or a	26976
partnership, corporation, limited liability company, or joint	26977
venture of any kind, that is owned and controlled by women who are	26978
United States citizens and residents of this state.	26979

Sec. 3333.123. (A) As used in this section:

26980

(1) "The Ohio college opportunity grant program" means the	26981
program established under section 3333.122 of the Revised Code.	26982

(2) "Rules for the Ohio college opportunity grant program"	26983
means the rules authorized in division ~~(S)~~(R) of section 3333.04	26984
of the Revised Code for the implementation of the program.	26985

(B) In adopting rules for the Ohio college opportunity grant	26986
program, the chancellor of the Ohio board of regents may include	26987
provisions that give preferential or priority funding to	26988
low-income students who in their primary and secondary school work	26989
participate in or complete rigorous academic coursework, attain	26990
passing scores on the assessments prescribed in section 3301.0710	26991
of the Revised Code, or meet other high academic performance	26992
standards determined by the chancellor to reduce the need for	26993
remediation and ensure academic success at the postsecondary	26994
education level. Any such rules shall include a specification of	26995
procedures needed to certify student achievement of primary and	26996
secondary standards as well as the timeline for implementation of	26997
the provisions authorized by this section.	26998

Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the	26999
Revised Code, "term" and "academic year" mean "term" and "academic	27000
year" as defined by the chancellor of the Ohio board of regents.	27001

The chancellor shall establish and administer an academic	27002
scholarship program. Under the program, a total of one thousand	27003
new scholarships shall be awarded annually in the amount of not	27004
less than two thousand dollars per award. At least one such new	27005
scholarship shall be awarded annually to a student in each public	27006
high school and joint vocational school and each nonpublic high	27007
school for which the state board of education prescribes minimum	27008
standards in accordance with section 3301.07 of the Revised Code.	27009

To be eligible for the award of a scholarship, a student	27010
shall be a resident of Ohio and shall be enrolled as a full-time	27011
undergraduate student in an Ohio institution of higher education	27012
that meets the requirements of Title VI of the "Civil Rights Act	27013
of 1964" and is state-assisted, is nonprofit and holds a	27014
certificate of authorization issued under section 1713.02 of the	27015
Revised Code, is a private institution exempt from regulation	27016
under Chapter 3332. of the Revised Code as prescribed in section	27017
3333.046 of the Revised Code, or holds a certificate of	27018
registration and program authorization issued under section	27019
3332.05 of the Revised Code and awards an associate or bachelor's	27020
degree. Students who attend an institution holding a certificate	27021
of registration shall be enrolled in a program leading to an	27022
associate or bachelor's degree for which associate or bachelor's	27023
degree program the institution has program authorization to offer	27024
the program issued under section 3332.05 of the Revised Code.	27025

"Resident" and "full-time student" shall be defined in rules	27026
adopted by the chancellor.	27027

The chancellor shall award the scholarships on the basis of a	27028
formula designed by the chancellor to identify students with the	27029
highest capability for successful college study. The formula shall	27030
weigh the factor of achievement, as measured by grade point	27031
average, and the factor of ability, as measured by performance on	27032
a competitive examination specified by the chancellor. Students	27033
receiving scholarships shall be known as "Ohio academic scholars."	27034
~~Annually, not later than the thirty-first day of July, the~~	27035
~~chancellor shall report to the governor and the general assembly~~	27036
~~on the performance of current Ohio academic scholars and the~~	27037
~~effectiveness of the formula.~~	27038

Sec. 3333.31. (A) For state subsidy and tuition surcharge	27039
purposes, status as a resident of Ohio shall be defined by the	27040
chancellor of the Ohio board of regents by rule promulgated	27041
pursuant to Chapter 119. of the Revised Code. No adjudication as	27042
to the status of any person under such rule, however, shall be	27043
required to be made pursuant to Chapter 119. of the Revised Code.	27044
The term "resident" for these purposes shall not be equated with	27045
the definition of that term as it is employed elsewhere under the	27046
laws of this state and other states, and shall not carry with it	27047
any of the legal connotations appurtenant thereto. Rather, except	27048
as provided in divisions (B) and (D) of this section, for such	27049
purposes, the rule promulgated under this section shall have the	27050
objective of excluding from treatment as residents those who are	27051
present in the state primarily for the purpose of attending a	27052
state-supported or state-assisted institution of higher education,	27053
and may prescribe presumptive rules, rebuttable or conclusive, as	27054
to such purpose based upon the source or sources of support of the	27055
student, residence prior to first enrollment, evidence of	27056
intention to remain in the state after completion of studies, or	27057
such other factors as the chancellor deems relevant.	27058

(B) The rules of the chancellor for determining student	27059
residency shall grant residency status to a veteran and to the	27060
veteran's spouse and any dependent of the veteran, if both of the	27061
following conditions are met:	27062

(1) The veteran either:

27063

(a) Served one or more years on active military duty and was	27064
honorably discharged or received a medical discharge that was	27065
related to the military service;	27066

(b) Was killed while serving on active military duty or has	27067
been declared to be missing in action or a prisoner of war.	27068

(2) If the veteran seeks residency status for tuition	27069
surcharge purposes, the veteran has established domicile in this	27070
state as of the first day of a term of enrollment in an	27071
institution of higher education. If the spouse or a dependent of	27072
the veteran seeks residency status for tuition surcharge purposes,	27073
the veteran and the spouse or dependent seeking residency status	27074
have established domicile in this state as of the first day of a	27075
term of enrollment in an institution of higher education, except	27076
that if the veteran was killed while serving on active military	27077
duty or, has been declared to be missing in action or a prisoner	27078
of war, or is deceased after discharge, only the spouse or	27079
dependent seeking residency status shall be required to have	27080
established domicile in accordance with this division.	27081

(C) The rules of the chancellor for determining student	27082
residency shall not deny residency status to a student who is	27083
either a dependent child of a parent, or the spouse of a person	27084
who, as of the first day of a term of enrollment in an institution	27085
of higher education, has accepted full-time employment and	27086
established domicile in this state for reasons other than gaining	27087
the benefit of favorable tuition rates.	27088

Documentation of full-time employment and domicile shall	27089
include both of the following documents:	27090

(1) A sworn statement from the employer or the employer's	27091
representative on the letterhead of the employer or the employer's	27092
representative certifying that the parent or spouse of the student	27093
is employed full-time in Ohio;	27094

(2) A copy of the lease under which the parent or spouse is	27095
the lessee and occupant of rented residential property in the	27096
state, a copy of the closing statement on residential real	27097
property of which the parent or spouse is the owner and occupant	27098
in this state or, if the parent or spouse is not the lessee or	27099
owner of the residence in which the parent or spouse has	27100
established domicile, a letter from the owner of the residence	27101
certifying that the parent or spouse resides at that residence.	27102

Residency officers may also evaluate, in accordance with the	27103
chancellor's rule, requests for immediate residency status from	27104
dependent students whose parents are not living and whose domicile	27105
follows that of a legal guardian who has accepted full-time	27106
employment and established domicile in the state for reasons other	27107
than gaining the benefit of favorable tuition rates.	27108

(D)(1) The rules of the chancellor for determining student	27109
residency shall grant residency status to a person who, while a	27110
resident of this state for state subsidy and tuition surcharge	27111
purposes, graduated from a high school in this state, if the	27112
person enrolls in an institution of higher education and	27113
establishes domicile in this state, regardless of the student's	27114
residence prior to that enrollment.	27115

(2) The rules of the chancellor for determining student	27116
residency shall not grant residency status to an alien if the	27117
alien is not also an immigrant or a nonimmigrant.	27118

(E) As used in this section:

27119

(1) "Dependent," "domicile," "institution of higher	27120
education," and "residency officer" have the meanings ascribed in	27121
the chancellor's rules adopted under this section.	27122

(2) "Alien" means a person who is not a United States citizen	27123
or a United States national.	27124

(3) "Immigrant" means an alien who has been granted the right	27125
by the United States bureau of citizenship and immigration	27126
services to reside permanently in the United States and to work	27127
without restrictions in the United States.	27128

(4) "Nonimmigrant" means an alien who has been granted the	27129
right by the United States bureau of citizenship and immigration	27130
services to reside temporarily in the United States.	27131

Sec. 3333.60. As used in sections 3333.61 to ~~3333.70~~3333.69	27132
of the Revised Code:	27133

(A) "State university or college" has the same meaning as in	27134
section 3345.12 of the Revised Code.	27135

(B) "State university" and "state institution of higher	27136
education" have the same meanings as in section 3345.011 of the	27137
Revised Code.	27138

Sec. 3333.61. The chancellor of the Ohio board of regents	27139
shall establish and administer the Ohio innovation partnership,	27140
which shall consist of the choose Ohio first scholarship program	27141
and the Ohio research scholars program. Under the programs, the	27142
chancellor, subject to approval by the controlling board, shall	27143
make awards to state universities or colleges for programs and	27144
initiatives that recruit students and scientists in the fields of	27145
science, technology, engineering, mathematics, and medicine to	27146
state universities or colleges, in order to enhance regional	27147
educational and economic strengths and meet the needs of the	27148
state's regional economies. Awards may be granted for programs and	27149
initiatives to be implemented by a state university or college	27150
alone or in collaboration with other state institutions of higher	27151
education, nonpublic Ohio universities and colleges, or other	27152
public or private Ohio entities. If the chancellor makes an award	27153
to a program or initiative that is intended to be implemented by a	27154
state university or college in collaboration with other state	27155
institutions of higher education or nonpublic Ohio universities or	27156
colleges, the chancellor may provide that some portion of the	27157
award be received directly by the collaborating universities or	27158
colleges consistent with all terms of the Ohio innovation	27159
partnership.	27160

The choose Ohio first scholarship program shall assign a	27161
number of scholarships to state universities and colleges to	27162
recruit Ohio residents as undergraduate, or as provided in section	27163
3333.66 of the Revised Code graduate, students in the fields of	27164
science, technology, engineering, mathematics, and medicine, or in	27165
science, technology, engineering, mathematics, or medical	27166
education. Choose Ohio first scholarships shall be awarded to each	27167
participating eligible student as a grant to the state university	27168
or college the student is attending and shall be reflected on the	27169
student's tuition bill. Choose Ohio first scholarships are	27170
student-centered grants from the state to students to use to	27171
attend a university or college and are not grants from the state	27172
to universities or colleges.	27173

Notwithstanding any other provision of this section or	27174
sections 3333.62 to ~~3333.70~~3333.69 of the Revised Code, a	27175
nonpublic four-year Ohio institution of higher education may	27176
submit a proposal for choose Ohio first scholarships or Ohio	27177
research scholars grants. If the chancellor awards a nonpublic	27178
institution scholarships or grants, the nonpublic institution	27179
shall comply with all requirements of this section, sections	27180
3333.62 to ~~3333.70~~3333.69 of the Revised Code, and the rules	27181
adopted under this section that apply to state universities or	27182
colleges awarded choose Ohio first scholarships or Ohio research	27183
scholars grants.	27184

The Ohio research scholars program shall award grants to use	27185
in recruiting scientists to the faculties of state universities or	27186
colleges.	27187

The chancellor shall adopt rules in accordance with Chapter	27188
119. of the Revised Code to administer the programs.	27189

Sec. 3333.71. As used in sections 3333.71 to ~~3333.80~~3333.79	27190
of the Revised Code:	27191

(A) "Cooperative education program" means a partnership	27192
between students, institutions of higher education, and employers	27193
that formally integrates students' academic study with work	27194
experience in cooperating employer organizations and that meets	27195
all of the following conditions:	27196

(1) Alternates or combines periods of academic study and work	27197
experience in appropriate fields as an integral part of student	27198
education;	27199

(2) Provides students with compensation from the cooperative	27200
employer in the form of wages or salaries for work performed;	27201

(3) Evaluates each participating student's performance in the	27202
cooperative position, both from the perspective of the student's	27203
institution of higher education and the student's cooperative	27204
employer;	27205

(4) Provides participating students with academic credit from	27206
the institution of higher education upon successful completion of	27207
their cooperative education;	27208

(5) Is part of an overall degree or certificate program for	27209
which a percentage of the total program acceptable to the	27210
chancellor of the Ohio board of regents involves cooperative	27211
education.	27212

(B) "Internship program" means a partnership between	27213
students, institutions of higher education, and employers that	27214
formally integrates students' academic study with work or	27215
community service experience and that does both of the following:	27216

(1) Offers internships of specified and definite duration;

27217

(2) Evaluates each participating student's performance in the	27218
internship position, both from the perspective of the student's	27219
institution of higher education and the student's internship	27220
employer.	27221

An internship program may provide participating students with	27222
academic credit upon successful completion of the internship, and	27223
may provide students with compensation in the form of wages or	27224
salaries, stipends, or scholarships.	27225

(C) "Nonpublic university or college" means a nonprofit	27226
institution holding a certificate of authorization issued under	27227
Chapter 1713. of the Revised Code.	27228

(D) "State institution of higher education" has the same	27229
meaning as in section 3345.011 of the Revised Code.	27230

Sec. 3333.72. The chancellor of the Ohio board of regents	27231
shall establish and administer the Ohio co-op/internship program	27232
to promote and encourage cooperative education programs or	27233
internship programs at Ohio institutions of higher education for	27234
the purpose of recruiting Ohio students to stay in the state, and	27235
recruiting Ohio residents who left Ohio to attend out-of-state	27236
institutions of higher education back to Ohio institutions of	27237
higher education, to participate in high quality academic programs	27238
that use cooperative education programs or significant internship	27239
programs, in order to support the growth of Ohio's businesses by	27240
providing businesses with Ohio's most talented students and	27241
providing Ohio graduates with job opportunities with Ohio's	27242
growing companies.	27243

The chancellor, subject to approval by the controlling board,	27244
shall make awards to state institutions of higher education for	27245
new or existing programs and initiatives meeting the goals of the	27246
Ohio co-op/internship program. Awards may be granted for programs	27247
and initiatives to be implemented by a state institution of higher	27248
education alone or in collaboration with other state institutions	27249
of higher education or nonpublic Ohio universities and colleges.	27250
If the chancellor makes an award to a program or initiative that	27251
is intended to be implemented by a state institution of higher	27252
education in collaboration with other state institutions of higher	27253
education or nonpublic Ohio universities or colleges, the	27254
chancellor may provide that some portion of the award be received	27255
directly by the collaborating universities or colleges consistent	27256
with all terms of the Ohio co-op/internship program.	27257

The Ohio co-op/internship program shall support the creation	27258
and maintenance of high quality academic programs that utilize an	27259
intensive cooperative education or internship program for students	27260
at state institutions of higher education, or assign a number of	27261
scholarships to institutions to recruit Ohio residents as students	27262
in a high quality academic program, or both. If scholarships are	27263
included in an award to an institution of higher education, the	27264
scholarships shall be awarded to each participating eligible	27265
student as a grant to the state institution of higher education	27266
the student is attending and shall be reflected on the student's	27267
tuition bill.	27268

Notwithstanding any other provision of this section or	27269
sections 3333.73 to ~~3333.80~~3333.79 of the Revised Code, an Ohio	27270
four-year nonpublic university or college may submit a proposal as	27271
lead applicant or co-lead applicant for an award under the Ohio	27272
co-op/internship program if the proposal is to be implemented in	27273
collaboration with a state institution of higher education. If the	27274
chancellor grants a nonpublic university or college an award, the	27275
nonpublic university or college shall comply with all requirements	27276
of this section, sections 3333.73 to ~~3333.80~~3333.79 of the	27277
Revised Code, and the rules adopted under this section that apply	27278
to state institutions of higher education that receive awards	27279
under the program.	27280

The chancellor shall adopt rules in accordance with Chapter	27281
119. of the Revised Code to administer the Ohio co-op/internship	27282
program.	27283

Sec. 3345.16. The board of trustees of a state college or	27284
university may receive, and hold in trust, for the use and benefit	27285
of the college or university any grant or devise of land, and	27286
donation or bequest of money or other personal property, to be	27287
applied to the general or special use of the college or	27288
university, including use for student loan and scholarship	27289
purposes, unless otherwise directed in the donation or bequest.	27290

The board of trustees of a state college or university may	27291
utilize trust funds to invest in property, real and personal, as a	27292
portion of the holdings in the endowment portfolio under the trust	27293
powers imparted to the board of trustees. Such property, real and	27294
personal, acquired for investment purposes shall be managed by the	27295
board of trustees in the same manner as are other investments in	27296
the college's or university's endowment portfolio. The board of	27297
trustees may lease, lease back, or otherwise contract for the use	27298
of such property in such manner as to provide earning power for	27299
the college or university investment portfolio. Sections 123.01,	27300
~~123.04~~123.02, ~~123.15~~123.10, and ~~123.47~~123.13 of the Revised	27301
Code do not apply to properties, real and personal, held under	27302
this section as earning-power properties in the college or	27303
university endowment portfolio.	27304

Notwithstanding any provision of the Revised Code to the	27305
contrary, the title in properties, real and personal, purchased by	27306
a board of trustees as an investment and held in the college's or	27307
university's endowment portfolio shall not be vested in the state,	27308
but shall be held in trust by the board.	27309

Sec. 3345.28. The board of trustees of any state university,	27310
medical university, technical college, state community college,	27311
community college, or the board of trustees or managing authority	27312
of any university branch may establish and administer a faculty	27313
improvement program, under which any full-time faculty member with	27314
at least seven academic years of teaching service at the college,	27315
university, or branch may be granted professional leave for a	27316
period not to exceed one academic year to engage in further	27317
education, research, or any other purpose approved by the board. A	27318
board of trustees or managing authority that establishes such a	27319
program shall, by rule, adopt a definition of "academic years of	27320
teaching service" and of "full-time faculty member."	27321

No such board or authority shall pay any faculty member for	27322
or during a period of professional leave any salary exceeding the	27323
amount that would have been paid to such faculty member for	27324
performing the faculty member's regular duties during the period	27325
of the leave. No faculty member shall, by virtue of being on	27326
professional leave, suffer a reduction or termination of the	27327
faculty member's regular employee retirement or insurance benefits	27328
or of any other benefit or privilege being received as a faculty	27329
member at the college, university, or branch where the faculty	27330
member is employed. Whenever such a benefit would be reduced	27331
because of a reduction in the faculty member's salary during the	27332
period of professional leave, the faculty member shall be given a	27333
chance to have the benefit increased to its normal level, in	27334
accordance with rules adopted by the board of trustees or the	27335
managing authority. A faculty member who has been granted	27336
professional leave shall complete another seven years of service	27337
at the college, university, or branch at which the faculty member	27338
is employed before becoming eligible for another grant of	27339
professional leave at that college, university, or branch.	27340
Professional leave taken as part of a faculty improvement program	27341
established under this section shall not be deemed to be in lieu	27342
of released time or assigned duty in connection with a specific	27343
research, scholarly, or creative program.	27344

Boards of trustees and managing authorities may accept moneys	27345
from any person, political subdivision, or the federal government	27346
to support a faculty improvement program, and may establish such	27347
additional rules as are necessary to establish and administer it.	27348

Each grant of professional leave shall be in accordance with	27349
a professional improvement policy for professional leaves that has	27350
been approved by the board of trustees or the managing authority.	27351
No professional leave shall be granted that requires a	27352
compensating addition to the permanent faculty or staff of the	27353
college, university, or branch. No professional leave shall be	27354
approved unless a specific plan for the professional improvement	27355
of the faculty member while on leave has been submitted to and	27356
accepted by the president of the university, college, or branch.	27357
At the completion of the leave, the faculty member shall submit to	27358
the president a report detailing the attainments of the faculty	27359
member under this professional improvement plan.	27360

~~Not later than the thirtieth day of June of each year, the~~	27361
~~chancellor of the board of regents shall report to the~~	27362
~~chairpersons of the education committees of the house of~~	27363
~~representatives and the senate on the status of implementation of~~	27364
~~faculty improvement programs. The report shall include, but need~~	27365
~~not be limited to, the following: the number of professional leave~~	27366
~~grants made by each institution; the purpose of each professional~~	27367
~~leave; and a statement of the cost to the institution of each~~	27368
~~professional leave, to the extent that such cost exceeds the~~	27369
~~salary of the faculty member on professional leave.~~	27370

Sec. 3345.50. Notwithstanding anything to the contrary in	27371
sections 123.01 and ~~123.15~~123.10 of the Revised Code, a state	27372
university, a state community college, or the northeast Ohio	27373
medical university not certified pursuant to section ~~123.17~~123.24	27374
of the Revised Code may administer any capital facilities project	27375
for the construction, reconstruction, improvement, renovation,	27376
enlargement, or alteration of a public improvement under its	27377
jurisdiction for which the total amount of funds expected to be	27378
appropriated by the general assembly does not exceed four million	27379
dollars without the supervision, control, or approval of the	27380
~~department of administrative services~~Ohio facilities construction	27381
commission as specified in those sections, if both of the	27382
following occur:	27383

(A) Within sixty days after the effective date of the section	27384
of an act in which the general assembly initially makes an	27385
appropriation for the project, the board of trustees of the	27386
institution notifies the chancellor of the Ohio board of regents	27387
in writing of its intent to administer the capital facilities	27388
project;	27389

(B) The board of trustees complies with the guidelines	27390
established pursuant to section 153.16 of the Revised Code and all	27391
laws that govern the selection of consultants, preparation and	27392
approval of contract documents, receipt of bids, and award of	27393
contracts with respect to the project.	27394

The chancellor shall adopt rules in accordance with Chapter	27395
119. of the Revised Code that establish criteria for the	27396
administration by any such institution of higher education of a	27397
capital facilities project for which the total amount of funds	27398
expected to be appropriated by the general assembly exceeds four	27399
million dollars. The criteria, to be developed with the ~~department~~	27400
~~of administrative services~~Ohio facilities construction commission	27401
and higher education representatives selected by the chancellor,	27402
shall include such matters as the adequacy of the staffing levels	27403
and expertise needed for the institution to administer the	27404
project, past performance of the institution in administering such	27405
projects, and the amount of institutional or other nonstate money	27406
to be used in financing the project. The chancellor and the	27407
~~department of administrative services~~Ohio facilities construction	27408
commission shall approve the request of any such institution of	27409
higher education that seeks to administer any such capital	27410
facilities project and meets the criteria set forth in the rules	27411
and in the requirements of division (B) of this section.	27412

Sec. 3345.51. (A) Notwithstanding anything to the contrary	27413
in sections ~~123.01~~123.20 and ~~123.15~~123.21 of the Revised Code, a	27414
state university, the northeast Ohio medical university, or a	27415
state community college may administer any capital facilities	27416
project for the construction, reconstruction, improvement,	27417
renovation, enlargement, or alteration of a public improvement	27418
under its jurisdiction for which funds are appropriated by the	27419
general assembly without the supervision, control, or approval of	27420
the ~~department of administrative services~~Ohio facilities	27421
construction commission as specified in those sections, if all of	27422
the following occur:	27423

(1) The institution is certified by the ~~state architect~~	27424
commission under section ~~123.17~~123.24 of the Revised Code;	27425

(2) Within sixty days after the effective date of the section	27426
of an act in which the general assembly initially makes an	27427
appropriation for the project, the board of trustees of the	27428
institution notifies the chancellor of the Ohio board of regents	27429
in writing of its request to administer the capital facilities	27430
project and the chancellor approves that request pursuant to	27431
division (B) of this section;	27432

(3) The board of trustees passes a resolution stating its	27433
intent to comply with section 153.13 of the Revised Code and the	27434
guidelines established pursuant to section 153.16 of the Revised	27435
Code and all laws that govern the selection of consultants,	27436
preparation and approval of contract documents, receipt of bids,	27437
and award of contracts with respect to the project.	27438

(B) The chancellor shall adopt rules in accordance with	27439
Chapter 119. of the Revised Code that establish criteria for the	27440
administration by any such institution of higher education of a	27441
capital facilities project for which the general assembly	27442
appropriates funds. The criteria, to be developed with the	27443
~~department of administrative services~~commission and higher	27444
education representatives selected by the chancellor, shall	27445
include such matters as the adequacy of the staffing levels and	27446
expertise needed for the institution to administer the project,	27447
past performance of the institution in administering such	27448
projects, and the amount of institutional or other nonstate money	27449
to be used in financing the project. The chancellor shall approve	27450
the request of any such institution of higher education that seeks	27451
to administer any such capital facilities project and meets the	27452
criteria set forth in the rules and the requirements of division	27453
(A) of this section.	27454

(C) Any institution that administers a capital facilities	27455
project under this section shall conduct biennial audits for the	27456
duration of the project to ensure that the institution is	27457
complying with Chapters 9., 123., and 153. of the Revised Code and	27458
that the institution is using its certification issued under	27459
section ~~123.17~~123.24 of the Revised Code appropriately. The	27460
chancellor, in consultation with higher education representatives	27461
selected by the chancellor, shall adopt rules in accordance with	27462
Chapter 119. of the Revised Code that establish criteria for the	27463
conduct of the audits. The criteria shall include documentation	27464
necessary to determine compliance with Chapters 9., 123., and 153.	27465
of the Revised Code and a method to determine whether an	27466
institution is using its certification issued under section ~~123.17~~	27467
123.24 of the Revised Code appropriately.	27468

(D) The chancellor, in consultation with higher education	27469
representatives selected by the chancellor, shall adopt rules in	27470
accordance with Chapter 119. of the Revised Code establishing	27471
criteria for monitoring capital facilities projects administered	27472
by institutions under this section. The criteria shall include the	27473
following:	27474

(1) Conditions under which the chancellor may revoke the	27475
authority of an institution to administer a capital facilities	27476
project under this section, including the failure of an	27477
institution to maintain a sufficient number of employees who have	27478
successfully completed the certification program under section	27479
~~123.17~~123.24 of the Revised Code;	27480

(2) A process for institutions to remedy any problems found	27481
by an audit conducted pursuant to division (C) of this section,	27482
including the improper use of state funds or violations of Chapter	27483
9., 123., or 153. of the Revised Code.	27484

(E) If the chancellor revokes an institution's authority to	27485
administer a capital facilities project, the ~~department of~~	27486
~~administrative services~~commission shall administer the capital	27487
facilities project. The chancellor also may require an	27488
institution, for which the chancellor revoked authority to	27489
administer a capital facilities project, to acquire a new local	27490
administration competency certification pursuant to section ~~123.17~~	27491
123.24 of the Revised Code.	27492

Sec. 3345.54. (A) As used in this section:

27493

(1) "Auxiliary facilities" has the same meaning as in section	27494
3345.12 of the Revised Code.	27495

(2) "Conduit entity" means an organization described in	27496
section 501(c)(3) of the Internal Revenue Code qualified as a	27497
public charity under section 509(a)(2) or 509(a)(3) of the	27498
Internal Revenue Code, or any other appropriate legal entity	27499
selected by the state institution, whose corporate purpose allows	27500
it to perform the functions and obligations of a conduit entity	27501
pursuant to the terms of a financing agreement.	27502

(3) "Conveyed property" means auxiliary facilities conveyed	27503
by a state institution to a conduit entity pursuant to a financing	27504
agreement.	27505

(4) "Financing agreement" means a contract described in	27506
division (C) of this section.	27507

(5) "Independent funding source" means a private entity that	27508
enters into a financing agreement with a conduit entity and a	27509
state institution.	27510

(6) "State institution" means a state institution of higher	27511
education as defined in section 3345.011 of the Revised Code.	27512

(B) The board of trustees of a state institution, with the	27513
approval of the chancellor of the Ohio board of regents and the	27514
controlling board, may enter into a financing agreement with a	27515
conduit entity and an independent funding source selected either	27516
through a competitive selection process or by direct negotiations,	27517
and may convey to the conduit entity title to any auxiliary	27518
facilities owned by the state institution pursuant to the terms of	27519
a financing agreement.	27520

(C) A financing agreement under this section is a written	27521
contract entered into among a state institution, a conduit entity,	27522
and an independent funding source that provides for:	27523

(1) The conveyance of auxiliary facilities owned by a state	27524
institution to the conduit entity for consideration deemed	27525
adequate by the state institution;	27526

(2) The lease of the conveyed property by the conduit entity	27527
to the independent funding source and leaseback of the conveyed	27528
property to the conduit entity for a term not to exceed	27529
ninety-nine years;	27530

(3) Such other terms and conditions that may be negotiated	27531
and agreed upon by the parties, including, but not limited to,	27532
terms regarding:	27533

(a) Payment to the state institution by the conduit entity of	27534
revenues received by it from the operations of the conveyed	27535
property in excess of the payments it is required to make to the	27536
independent funding source under the lease-leaseback arrangement	27537
described in division (C)(2) of this section;	27538

(b) Pledge, assignment, or creation of a lien in favor of the	27539
independent funding source by the conduit entity of any revenues	27540
derived from the conveyed property;	27541

(c) Reverter or conveyance of title to the conveyed property	27542
to the state institution when the conveyed property is no longer	27543
subject to a lease with the independent funding source.	27544

(4) Terms and conditions required by the chancellor or the	27545
controlling board as a condition of approval of the financing	27546
agreement.	27547

(D) The state institution and the conduit entity may enter	27548
into such other management agreements or other contracts regarding	27549
the conveyed property the parties deem appropriate, including	27550
agreements pursuant to which the state institution may maintain or	27551
administer the conveyed property and collect and disburse revenues	27552
from the conveyed property on behalf of the conduit entity.	27553

(E) The parties may modify or extend the term of the	27554
financing agreement with the approval of the chancellor and the	27555
controlling board.	27556

(F) The conveyed property shall retain its exemption from	27557
property taxes and assessments as though title to the conveyed	27558
property were held by the state institution during any part of a	27559
tax year that title is held by the state institution or the	27560
conduit entity and, if held by the conduit entity, remains subject	27561
to the lease-leaseback arrangement described in division (C)(2) of	27562
this section. However, as a condition of the continued exemption	27563
of the conveyed property during the term of the lease-leaseback	27564
arrangement the conduit entity shall apply for and maintain the	27565
exemption as provided by law.	27566

(G) Nothing in this section is intended to abrogate, amend,	27567
limit, or replace any existing authority state institutions may	27568
have with respect to the conveyance, lease, lease-leaseback,	27569
finance, or acquisition of auxiliary facilities including, but not	27570
limited to, authority granted under sections 3345.07, 3345.11, and	27571
3345.12 of the Revised Code.	27572

Sec. 3345.69. (A) As used in this section:

27573

(1) "State institution of higher education" has the same	27574
meaning as in section 3345.011 of the Revised Code.	27575

(2) "Board of trustees of a state institution of higher	27576
education" has the same meaning as in section 3345.61 of the	27577
Revised Code.	27578

(B) The chairperson of the interuniversity council of Ohio	27579
and the secretary of the Ohio association of community colleges	27580
shall assist in coordinating the organization and operation of a	27581
committee to carry out this section. The committee shall be	27582
comprised of the presidents of the state institutions of higher	27583
education or their designees. The committee, in consultation with	27584
the ~~office of energy services of the department of administrative~~	27585
~~services~~Ohio facilities construction commission, shall develop	27586
guidelines for the board of trustees of each state institution of	27587
higher education to use in ensuring energy efficiency and	27588
conservation in on- and off-campus buildings. ~~Initial guidelines~~	27589
~~shall be adopted not later than ninety days after the effective~~	27590
~~date of this section.~~ At a minimum, guidelines under this section	27591
shall do all of the following:	27592

(1) Include a goal to reduce on- and off-campus building	27593
energy consumption by at least twenty per cent by 2014, using	27594
calendar year 2004 as the benchmark year, while recognizing the	27595
diverse nature and different energy demands and uses of such	27596
buildings and measures already taken to increase building energy	27597
efficiency and conservation;	27598

(2) Prescribe minimum energy efficiency and conservation	27599
standards for any new, on- or off-campus capital improvement	27600
project with a construction cost of one hundred thousand dollars	27601
or more, which standards shall be based on general building type	27602
and cost-effectiveness;	27603

(3) Prescribe minimum energy efficiency and conservation	27604
standards for the leasing of an off-campus space of at least	27605
twenty-thousand square feet;	27606

(4) Incorporate best practices into energy efficiency and	27607
conservation standards and plans;	27608

(5) Provide that each board develop its own fifteen-year plan	27609
for phasing in energy efficiency and conservation projects;	27610

(6) Provide that project impact assessments include the	27611
fiscal effects of energy efficiency and conservation	27612
recommendations and plans;	27613

(7) Establish mechanisms for each board to report	27614
periodically to the committee on its progress relative to the	27615
guidelines.	27616

(C) The board of trustees of a state institution of higher	27617
education shall adopt rules under section 111.15 of the Revised	27618
Code to carry out the guidelines established pursuant to division	27619
(B) of this section, including in the execution of the board's	27620
authority under sections 3345.62 to 3345.66 of the Revised Code.	27621

Sec. 3345.692. (A) Not later than September 15, 2010, and	27622
the fifteenth day of September each year thereafter, a state	27623
institution of higher education shall prepare and submit to the	27624
chancellor of the board of regents a report that describes the	27625
number and types of biobased products purchased under section	27626
125.092 of the Revised Code and the amount of money spent by the	27627
state institution of higher education for those biobased products.	27628

(B) ~~Not later than September 30, 2010, and the thirtieth day~~	27629
~~of September each year thereafter, the chancellor of the board of~~	27630
~~regents shall prepare and submit to the governor, the president of~~	27631
~~the senate, and the speaker of the house of representatives a~~	27632
~~report that describes the number and types of biobased products~~	27633
~~purchased under section 125.092 of the Revised Code and the amount~~	27634
~~of money spent by state institutions of higher education for those~~	27635
~~biobased products as that information is provided to the~~	27636
~~chancellor under division (A) of this section.~~	27637

~~(C)~~ As used in this section, "state institution of higher	27638
education" has the same meaning as in section 3345.011 of the	27639
Revised Code.	27640

Sec. 3347.03. Each commission created by section 3347.01 of	27641
the Revised Code may acquire property of any kind by purchase,	27642
gift, or devise and hold and use any such property, or may use	27643
state lands at their respective universities upon consent of the	27644
respective boards of trustees thereof, for the erection,	27645
remodeling, or improving and equipping of buildings for suitable	27646
housing, dormitory, dining hall, and recreational accommodations,	27647
referred to as "buildings" in sections 3347.03 to 3347.08 of the	27648
Revised Code, for students, instructors, members of the faculty,	27649
the administration and maintenance staff of the universities with	27650
which each commission is identified, and their families. The	27651
construction, remodeling, or improving of any such buildings shall	27652
be in accordance with plans and specifications approved by the	27653
commission and with sections 153.01 and 153.04 to 153.20 of the	27654
Revised Code, except that the commission may act in all instances	27655
where the ~~department of administrative services~~Ohio facilities	27656
construction commission is mentioned in such sections.	27657

Sec. 3383.02. (A) There is hereby created the Ohio cultural	27658
facilities commission. The commission shall engage in and provide	27659
for the development, performance, and presentation or making	27660
available of culture and professional sports and athletics to the	27661
public in this state, and the provision of training or education	27662
in culture, by the exercise of its powers under this chapter,	27663
including the provision, operation, management, and cooperative	27664
use of Ohio cultural facilities and Ohio sports facilities. The	27665
commission is a body corporate and politic, an agency of state	27666
government and an instrumentality of the state, performing	27667
essential governmental functions of this state. The carrying out	27668
of the purposes and the exercise by the commission of its powers	27669
conferred by this chapter are essential public functions and	27670
public purposes of the state and of state government. The	27671
commission may, in its own name, sue and be sued, enter into	27672
contracts, and perform all the powers and duties given to it by	27673
this chapter; however, it does not have and shall not exercise the	27674
power of eminent domain.	27675

(B) The commission shall consist of twelve members, nine of	27676
whom shall be voting members and three of whom shall be nonvoting	27677
members. The nine voting members shall be appointed by the	27678
governor, with the advice and consent of the senate, from	27679
different geographical regions of the state. In addition, one of	27680
the voting members shall represent the ~~state architect~~Ohio	27681
facilities construction commission. Not more than five of the	27682
members appointed by the governor shall be affiliated with the	27683
same political party. The nonvoting members shall be the staff	27684
director of the Ohio arts council, a member of the senate	27685
appointed by the president of the senate, and a member of the	27686
house of representatives appointed by the speaker of the house.	27687

(C) Of the five initial appointments made by the governor,	27688
one shall be for a term expiring December 31, 1989, two shall be	27689
for terms expiring December 31, 1990, and two shall be for terms	27690
expiring December 31, 1991. Of the initial appointments of the	27691
sixth and seventh voting members made by the governor, one shall	27692
be for a term expiring December 31, 2003, and one shall be for a	27693
term expiring December 31, 2004. Of the initial appointments of	27694
the eighth and ninth voting members made by the governor, one	27695
shall be for a term expiring December 31, 2007, and one shall be	27696
for a term expiring December 31, 2008. These voting members shall	27697
be appointed within sixty days after ~~the effective date of this~~	27698
~~amendment~~September 29, 2005. Thereafter, each such term shall be	27699
for three years, commencing on the first day of January and ending	27700
on the thirty-first day of December. Each appointment by the	27701
president of the senate and by the speaker of the house of	27702
representatives shall be for the balance of the then legislative	27703
biennium. Each member shall hold office from the date of the	27704
member's appointment until the end of the term for which the	27705
member was appointed. Any member appointed to fill a vacancy	27706
occurring prior to the expiration of the term for which the	27707
member's predecessor was appointed shall hold office for the	27708
remainder of such term. Any member shall continue in office	27709
subsequent to the expiration date of the member's term until the	27710
member's successor takes office, or until a period of sixty days	27711
has elapsed, whichever occurs first.	27712

(D) Members of the commission shall serve without	27713
compensation.	27714

(E) Organizational meetings of the commission shall be held	27715
at the first meeting of each calendar year. At each organizational	27716
meeting, the commission shall elect from among its voting members	27717
a chairperson, a vice-chairperson, and a secretary-treasurer, who	27718
shall serve until the next annual meeting. The commission shall	27719
adopt rules pursuant to section 111.15 of the Revised Code for the	27720
conduct of its internal business and shall keep a journal of its	27721
proceedings.	27722

(F) Five voting members of the commission constitute a	27723
quorum, and the affirmative vote of five members is necessary for	27724
approval of any action taken by the commission. A vacancy in the	27725
membership of the commission does not impair a quorum from	27726
exercising all the rights and performing all the duties of the	27727
commission. Meetings of the commission may be held anywhere in the	27728
state, and shall be held in compliance with section 121.22 of the	27729
Revised Code.	27730

(G) All expenses incurred in carrying out this chapter are	27731
payable solely from money accrued under this chapter or	27732
appropriated for these purposes by the general assembly, and the	27733
commission shall incur no liability or obligation beyond such	27734
money.	27735

(H) The commission shall file an annual report of its	27736
activities and finances with the governor, director of budget and	27737
management, speaker of the house of representatives, president of	27738
the senate, and chairpersons of the house and senate finance	27739
committees.	27740

(I) There is hereby established in the state treasury the	27741
Ohio cultural facilities commission administration fund. All	27742
revenues of the commission shall be credited to that fund and to	27743
any accounts created in that fund with the commission's approval.	27744
All expenses of the commission, including reimbursement of, or	27745
payment to, any other fund or any governmental agency for advances	27746
made or services rendered to or on behalf of the commission, shall	27747
be paid from that fund as determined by or pursuant to directions	27748
of the commission. All investment earnings of that fund shall be	27749
credited to it and shall be allocated among any accounts created	27750
in the fund in the manner determined by the commission.	27751

(J) Title to all real property and lesser interests in real	27752
property acquired by the commission, including leasehold and other	27753
interests, pursuant to this chapter shall be taken in the name of	27754
the state and shall be held for the use and benefit of the	27755
commission. The commission shall not mortgage such real property	27756
and interests in real property. Title to other property and	27757
interests in it acquired by the commission pursuant to this	27758
chapter shall be taken in its name.	27759

Sec. 3383.07. (A) The ~~department of administrative services~~	27760
Ohio facilities construction commission shall provide for the	27761
construction of a cultural project in conformity with Chapter 153.	27762
of the Revised Code, except as follows:	27763

(1) For a cultural project other than a state historical	27764
facility, construction services may be provided on behalf of the	27765
state by the Ohio cultural facilities commission, or by a	27766
governmental agency or a cultural organization that occupies, will	27767
occupy, or is responsible for the Ohio cultural facility, as	27768
determined by the Ohio cultural facilities commission. For a	27769
project receiving a state appropriation of fifty thousand dollars	27770
or less, the Ohio cultural facilities commission may delegate to	27771
its executive director the authority to approve the provision of	27772
construction services by such an agency or organization, but not	27773
the authority to disapprove that provision. Construction services	27774
to be provided by a governmental agency or a cultural organization	27775
shall be specified in an agreement between the Ohio cultural	27776
facilities commission and the governmental agency or cultural	27777
organization. The agreement, or any actions taken under it, are	27778
not subject to Chapter 123. or 153. of the Revised Code, except	27779
for sections 123.081 and 153.011 of the Revised Code, and shall be	27780
subject to Chapter 4115. of the Revised Code.	27781

(2) For a cultural project that is a state historical	27782
facility, construction services may be provided by the Ohio	27783
cultural facilities commission or by a cultural organization that	27784
occupies, will occupy, or is responsible for the facility, as	27785
determined by the Ohio cultural facilities commission. For a	27786
facility receiving a state appropriation of fifty thousand dollars	27787
or less, the Ohio cultural facilities commission may delegate to	27788
its executive director the authority to approve the provision of	27789
construction services by such an organization, but not the	27790
authority to disapprove that provision. The construction services	27791
to be provided by the cultural organization shall be specified in	27792
an agreement between the Ohio cultural facilities commission and	27793
the cultural organization. That agreement, and any actions taken	27794
under it, are not subject to Chapter 123., 153., or 4115. of the	27795
Revised Code.	27796

(B) For an Ohio sports facility that is financed in part by	27797
obligations issued pursuant to Chapter 154. of the Revised Code,	27798
construction services shall be provided on behalf of the state by	27799
or at the direction of the governmental agency or nonprofit	27800
corporation that will own or be responsible for the management of	27801
the facility, all as determined by the Ohio cultural facilities	27802
commission. For a facility receiving a state appropriation of	27803
fifty thousand dollars or less, the Ohio cultural facilities	27804
commission may delegate to its executive director the authority to	27805
approve the provision of construction services by or at the	27806
direction of the agency or corporation, but not the authority to	27807
disapprove that provision. Any construction services to be	27808
provided by a governmental agency or nonprofit corporation shall	27809
be specified in an agreement between the Ohio cultural facilities	27810
commission and the governmental agency or nonprofit corporation.	27811
That agreement, and any actions taken under it, are not subject to	27812
Chapter 123. or 153. of the Revised Code, except for sections	27813
123.081 and 153.011 of the Revised Code, and shall be subject to	27814
Chapter 4115. of the Revised Code.	27815

(C) General building services for an Ohio cultural facility	27816
shall be provided by the Ohio cultural facilities commission or by	27817
a cultural organization that occupies, will occupy, or is	27818
responsible for the facility, as determined by the Ohio cultural	27819
facilities commission. For a facility receiving a state	27820
appropriation of fifty thousand dollars or less, the Ohio cultural	27821
facilities commission may delegate to its executive director the	27822
authority to approve the provision of general building services by	27823
such an organization, but not the authority to disapprove that	27824
provision. Alternatively, the Ohio building authority may elect to	27825
provide those services for Ohio cultural facilities financed with	27826
proceeds of state bonds issued by the authority. The costs of	27827
management and general building services shall be paid by the	27828
cultural organization that occupies, will occupy, or is	27829
responsible for the facility as provided in an agreement between	27830
the Ohio cultural facilities commission and the cultural	27831
organization, except that the state may pay for general building	27832
services for state-owned cultural facilities constructed on	27833
state-owned land.	27834

General building services for an Ohio sports facility shall	27835
be provided by or at the direction of the governmental agency or	27836
nonprofit corporation that will be responsible for the management	27837
of the facility, all as determined by the Ohio cultural facilities	27838
commission. For a facility receiving a state appropriation of	27839
fifty thousand dollars or less, the Ohio cultural facilities	27840
commission may delegate to its executive director the authority to	27841
approve the provision of general building services by or at the	27842
direction of the agency or corporation, but not the authority to	27843
disapprove that provision. Any general building services to be	27844
provided by a governmental agency or nonprofit corporation for an	27845
Ohio sports facility shall be specified in an agreement between	27846
the Ohio cultural facilities commission and the governmental	27847
agency or nonprofit corporation. That agreement, and any actions	27848
taken under it, are not subject to Chapter 123. or 153. of the	27849
Revised Code, except for sections 123.081 and 153.011 of the	27850
Revised Code, and shall be subject to Chapter 4115. of the Revised	27851
Code.	27852

(D) This division does not apply to a state historical	27853
facility. No state funds, including any state bond proceeds, shall	27854
be spent on the construction of any cultural project under this	27855
chapter unless, with respect to the cultural project and to the	27856
Ohio cultural facility related to the project, all of the	27857
following apply:	27858

(1) The Ohio cultural facilities commission has determined	27859
that there is a need for the cultural project and the Ohio	27860
cultural facility related to the project in the region of the	27861
state in which the Ohio cultural facility is located or for which	27862
the facility is proposed. For a project receiving a state	27863
appropriation of fifty thousand dollars or less, the Ohio cultural	27864
facilities commission may delegate to its executive director the	27865
authority to determine need but only in the affirmative.	27866

(2) The Ohio cultural facilities commission has determined	27867
that, as an indication of substantial regional support for the	27868
cultural project, the cultural organization has made provision	27869
satisfactory to the Ohio cultural facilities commission, in its	27870
sole discretion, for local contributions amounting to not less	27871
than fifty per cent of the total state funding for the cultural	27872
project. For a project receiving a state appropriation of fifty	27873
thousand dollars or less, the Ohio cultural facilities commission	27874
may delegate to its executive director the authority to determine	27875
the adequacy of the regional support but only in the affirmative.	27876

(3) The general assembly has specifically authorized the	27877
spending of money on, or made an appropriation for, the	27878
construction of the cultural project, or for rental payments	27879
relating to the financing of the construction of the cultural	27880
project. Authorization to spend money, or an appropriation, for	27881
planning the cultural project does not constitute authorization to	27882
spend money on, or an appropriation for, construction of the	27883
cultural project.	27884

(E) No state funds, including any state bond proceeds, shall	27885
be spent on the construction of any state historical facility	27886
under this chapter unless the general assembly has specifically	27887
authorized the spending of money on, or made an appropriation for,	27888
the construction of the state historical project related to the	27889
facility, or for rental payments relating to the financing of the	27890
construction of the state historical project. Authorization to	27891
spend money, or an appropriation, for planning the state	27892
historical project does not constitute authorization to spend	27893
money on, or an appropriation for, the construction of the state	27894
historical project.	27895

(F) State funds shall not be used to pay or reimburse more	27896
than fifteen per cent of the initial estimated construction cost	27897
of an Ohio sports facility, excluding any site acquisition cost,	27898
and no state funds, including any state bond proceeds, shall be	27899
spent on any Ohio sports facility under this chapter unless, with	27900
respect to that facility, all of the following apply:	27901

(1) The Ohio cultural facilities commission has determined	27902
that there is a need for the facility in the region of the state	27903
for which the facility is proposed to provide the function of an	27904
Ohio sports facility as provided for in this chapter. For a	27905
facility receiving a state appropriation of fifty thousand dollars	27906
or less, the Ohio cultural facilities commission may delegate to	27907
its executive director the authority to determine need but only in	27908
the affirmative.	27909

(2) As an indication of substantial local support for the	27910
facility, the Ohio cultural facilities commission has received a	27911
financial and development plan satisfactory to it, and provision	27912
has been made, by agreement or otherwise, satisfactory to the Ohio	27913
cultural facilities commission, for a contribution amounting to	27914
not less than eighty-five per cent of the total estimated	27915
construction cost of the facility, excluding any site acquisition	27916
cost, from sources other than the state. For a facility receiving	27917
a state appropriation of fifty thousand dollars or less, the Ohio	27918
cultural facilities commission may delegate to its executive	27919
director the authority to evaluate the financial and development	27920
plan and the contribution and to determine their adequacy but only	27921
in the affirmative.	27922

(3) The general assembly has specifically authorized the	27923
spending of money on, or made an appropriation for, the	27924
construction of the facility, or for rental payments relating to	27925
state financing of all or a portion of the costs of constructing	27926
the facility. Authorization to spend money, or an appropriation,	27927
for planning or determining the feasibility of or need for the	27928
facility does not constitute authorization to spend money on, or	27929
an appropriation for, costs of constructing the facility.	27930

(4) If state bond proceeds are being used for the Ohio sports	27931
facility, the state or a governmental agency owns or has	27932
sufficient property interests in the facility or in the site of	27933
the facility or in the portion or portions of the facility	27934
financed from proceeds of state bonds, which may include, but is	27935
not limited to, the right to use or to require the use of the	27936
facility for the presentation of sport and athletic events to the	27937
public at the facility.	27938

(G) In addition to the requirements of division (F) of this	27939
section, no state funds, including any state bond proceeds, shall	27940
be spent on any Ohio sports facility that is a motorsports	27941
complex, unless, with respect to that facility, both of the	27942
following apply:	27943

(1) Motorsports events shall be presented at the facility	27944
pursuant to a lease entered into with the owner of the facility.	27945
The term of the lease shall be for a period of not less than the	27946
greater of the useful life of the portion of the facility financed	27947
from proceeds of state bonds as determined using the guidelines	27948
for maximum maturities as provided under divisions (B) and (C) of	27949
section 133.20 of the Revised Code, or the period of time	27950
remaining to the date of payment or provision for payment of	27951
outstanding state bonds allocable to costs of the facility, all as	27952
determined by the director of budget and management and certified	27953
by the director to the Ohio cultural facilities commission and to	27954
the treasurer of state.	27955

(2) Any motorsports organization that commits to using the	27956
facility for an established period of time shall give the	27957
political subdivision in which the facility is located not less	27958
than six months' advance notice if the organization intends to	27959
cease utilizing the facility prior to the expiration of that	27960
established period. Such a motorsports organization shall be	27961
liable to the state for any state funds used on the construction	27962
costs of the facility.	27963

(H) In addition to the requirements of division (F) of this	27964
section, no state bond proceeds shall be spent on any Ohio sports	27965
facility that is a tennis facility, unless the owner or manager of	27966
the facility provides contractual commitments from a national or	27967
international professional tennis organization in a form	27968
acceptable to the cultural facilities commission that assures that	27969
one or more sanctioned professional tennis events will be	27970
presented at the facility during each year that the bonds remain	27971
outstanding.	27972

Sec. 3701.021. (A) The ~~public~~director of health ~~council~~	27973
shall adopt, in accordance with Chapter 119. of the Revised Code,	27974
such rules as are necessary to carry out sections 3701.021 to	27975
3701.0210 of the Revised Code, including, but not limited to,	27976
rules to establish the following:	27977

(1) Medical and financial eligibility requirements for the	27978
program for medically handicapped children;	27979

(2) Eligibility requirements for providers of services for	27980
medically handicapped children;	27981

(3) Procedures to be followed by the department of health in	27982
disqualifying providers for violating requirements adopted under	27983
division (A)(2) of this section;	27984

(4) Procedures to be used by the department regarding	27985
application for diagnostic services under division (B) of section	27986
3701.023 of the Revised Code and payment for those services under	27987
division (E) of that section;	27988

(5) Standards for the provision of service coordination by	27989
the department of health and city and general health districts;	27990

(6) Procedures for the department to use to determine the	27991
amount to be paid annually by each county for services for	27992
medically handicapped children and to allow counties to retain	27993
funds under divisions (A)(2) and (3) of section 3701.024 of the	27994
Revised Code;	27995

(7) Financial eligibility requirements for services for Ohio	27996
residents twenty-one years of age or older who have cystic	27997
fibrosis;	27998

(8) Criteria for payment of approved providers who provide	27999
services for medically handicapped children;	28000

(9) Criteria for the department to use in determining whether	28001
the payment of health insurance premiums of participants in the	28002
program for medically handicapped children is cost-effective;	28003

(10) Procedures for appeal of denials of applications under	28004
divisions (A) and (D) of section 3701.023 of the Revised Code,	28005
disqualification of providers, and amounts paid for services;	28006

(11) Terms of appointment for members of the medically	28007
handicapped children's medical advisory council created in section	28008
3701.025 of the Revised Code;	28009

(12) Eligibility requirements for the hemophilia program,	28010
including income and hardship requirements;	28011

(13) If a manufacturer discount program is established under	28012
division (J)(1) of section 3701.023 of the Revised Code,	28013
procedures for administering the program, including criteria and	28014
other requirements for participation in the program by	28015
manufacturers of drugs and nutritional formulas.	28016

(B) The department of health shall develop a manual of	28017
operational procedures and guidelines for the program for	28018
medically handicapped children to implement sections 3701.021 to	28019
3701.0210 of the Revised Code.	28020

Sec. 3701.023. (A) The department of health shall review	28021
applications for eligibility for the program for medically	28022
handicapped children that are submitted to the department by city	28023
and general health districts and physician providers approved in	28024
accordance with division (C) of this section. The department shall	28025
determine whether the applicants meet the medical and financial	28026
eligibility requirements established by the ~~public~~director of	28027
health ~~council~~ pursuant to division (A)(1) of section 3701.021 of	28028
the Revised Code, and by the department in the manual of	28029
operational procedures and guidelines for the program for	28030
medically handicapped children developed pursuant to division (B)	28031
of that section. Referrals of potentially eligible children for	28032
the program may be submitted to the department on behalf of the	28033
child by parents, guardians, public health nurses, or any other	28034
interested person. The department of health may designate other	28035
agencies to refer applicants to the department of health.	28036

(B) In accordance with the procedures established in rules	28037
adopted under division (A)(4) of section 3701.021 of the Revised	28038
Code, the department of health shall authorize a provider or	28039
providers to provide to any Ohio resident under twenty-one years	28040
of age, without charge to the resident or the resident's family	28041
and without restriction as to the economic status of the resident	28042
or the resident's family, diagnostic services necessary to	28043
determine whether the resident has a medically handicapping or	28044
potentially medically handicapping condition.	28045

(C) The department of health shall review the applications of	28046
health professionals, hospitals, medical equipment suppliers, and	28047
other individuals, groups, or agencies that apply to become	28048
providers. The department shall enter into a written agreement	28049
with each applicant who is determined, pursuant to the	28050
requirements set forth in rules adopted under division (A)(2) of	28051
section 3701.021 of the Revised Code, to be eligible to be a	28052
provider in accordance with the provider agreement required by the	28053
medical assistance program established under section 5111.01 of	28054
the Revised Code. No provider shall charge a medically handicapped	28055
child or the child's parent or guardian for services authorized by	28056
the department under division (B) or (D) of this section.	28057

The department, in accordance with rules adopted under	28058
division (A)(3) of section 3701.021 of the Revised Code, may	28059
disqualify any provider from further participation in the program	28060
for violating any requirement set forth in rules adopted under	28061
division (A)(2) of that section. The disqualification shall not	28062
take effect until a written notice, specifying the requirement	28063
violated and describing the nature of the violation, has been	28064
delivered to the provider and the department has afforded the	28065
provider an opportunity to appeal the disqualification under	28066
division (H) of this section.	28067

(D) The department of health shall evaluate applications from	28068
city and general health districts and approved physician providers	28069
for authorization to provide treatment services, service	28070
coordination, and related goods to children determined to be	28071
eligible for the program for medically handicapped children	28072
pursuant to division (A) of this section. The department shall	28073
authorize necessary treatment services, service coordination, and	28074
related goods for each eligible child in accordance with an	28075
individual plan of treatment for the child. As an alternative, the	28076
department may authorize payment of health insurance premiums on	28077
behalf of eligible children when the department determines, in	28078
accordance with criteria set forth in rules adopted under division	28079
(A)(9) of section 3701.021 of the Revised Code, that payment of	28080
the premiums is cost-effective.	28081

(E) The department of health shall pay, from appropriations	28082
to the department, any necessary expenses, including but not	28083
limited to, expenses for diagnosis, treatment, service	28084
coordination, supportive services, transportation, and accessories	28085
and their upkeep, provided to medically handicapped children,	28086
provided that the provision of the goods or services is authorized	28087
by the department under division (B) or (D) of this section. Money	28088
appropriated to the department of health may also be expended for	28089
reasonable administrative costs incurred by the program. The	28090
department of health also may purchase liability insurance	28091
covering the provision of services under the program for medically	28092
handicapped children by physicians and other health care	28093
professionals.	28094

Payments made to providers by the department of health	28095
pursuant to this division for inpatient hospital care, outpatient	28096
care, and all other medical assistance furnished to eligible	28097
recipients shall be made in accordance with rules adopted by the	28098
~~public~~director of health ~~council~~ pursuant to division (A) of	28099
section 3701.021 of the Revised Code.	28100

The departments of health and job and family services shall	28101
jointly implement procedures to ensure that duplicate payments are	28102
not made under the program for medically handicapped children and	28103
the medical assistance program established under section 5111.01	28104
of the Revised Code and to identify and recover duplicate	28105
payments.	28106

(F) At the time of applying for participation in the program	28107
for medically handicapped children, a medically handicapped child	28108
or the child's parent or guardian shall disclose the identity of	28109
any third party against whom the child or the child's parent or	28110
guardian has or may have a right of recovery for goods and	28111
services provided under division (B) or (D) of this section. The	28112
department of health shall require a medically handicapped child	28113
who receives services from the program or the child's parent or	28114
guardian to apply for all third-party benefits for which the child	28115
may be eligible and require the child, parent, or guardian to	28116
apply all third-party benefits received to the amount determined	28117
under division (E) of this section as the amount payable for goods	28118
and services authorized under division (B) or (D) of this section.	28119
The department is the payer of last resort and shall pay for	28120
authorized goods or services, up to the amount determined under	28121
division (E) of this section for the authorized goods or services,	28122
only to the extent that payment for the authorized goods or	28123
services is not made through third-party benefits. When a third	28124
party fails to act on an application or claim for benefits by a	28125
medically handicapped child or the child's parent or guardian, the	28126
department shall pay for the goods or services only after ninety	28127
days have elapsed since the date the child, parents, or guardians	28128
made an application or claim for all third-party benefits.	28129
Third-party benefits received shall be applied to the amount	28130
determined under division (E) of this section. Third-party	28131
payments for goods and services not authorized under division (B)	28132
or (D) of this section shall not be applied to payment amounts	28133
determined under division (E) of this section. Payment made by the	28134
department shall be considered payment in full of the amount	28135
determined under division (E) of this section. Medicaid payments	28136
for persons eligible for the medical assistance program	28137
established under section 5111.01 of the Revised Code shall be	28138
considered payment in full of the amount determined under division	28139
(E) of this section.	28140

(G) The department of health shall administer a program to	28141
provide services to Ohio residents who are twenty-one or more	28142
years of age who have cystic fibrosis and who meet the eligibility	28143
requirements established ~~by the~~in rules ofadopted by the ~~public~~	28144
director of health ~~council~~ pursuant to division (A)(7) of section	28145
3701.021 of the Revised Code, subject to all provisions of this	28146
section, but not subject to section 3701.024 of the Revised Code.	28147

(H) The department of health shall provide for appeals, in	28148
accordance with rules adopted under section 3701.021 of the	28149
Revised Code, of denials of applications for the program for	28150
medically handicapped children under division (A) or (D) of this	28151
section, disqualification of providers, or amounts paid under	28152
division (E) of this section. Appeals under this division are not	28153
subject to Chapter 119. of the Revised Code.	28154

The department may designate ombudspersons to assist	28155
medically handicapped children or their parents or guardians, upon	28156
the request of the children, parents, or guardians, in filing	28157
appeals under this division and to serve as children's, parents',	28158
or guardians' advocates in matters pertaining to the	28159
administration of the program for medically handicapped children	28160
and eligibility for program services. The ombudspersons shall	28161
receive no compensation but shall be reimbursed by the department,	28162
in accordance with rules of the office of budget and management,	28163
for their actual and necessary travel expenses incurred in the	28164
performance of their duties.	28165

(I) The department of health, and city and general health	28166
districts providing service coordination pursuant to division	28167
(A)(2) of section 3701.024 of the Revised Code, shall provide	28168
service coordination in accordance with the standards set forth in	28169
the rules adopted under section 3701.021 of the Revised Code,	28170
without charge, and without restriction as to economic status.	28171

(J)(1) The department of health may establish a manufacturer	28172
discount program under which a manufacturer of a drug or	28173
nutritional formula is permitted to enter into an agreement with	28174
the department to provide a discount on the price of the drug or	28175
nutritional formula distributed to medically handicapped children	28176
participating in the program for medically handicapped children.	28177
The program shall be administered in accordance with rules adopted	28178
under section 3701.021 of the Revised Code.	28179

(2) If a manufacturer enters into an agreement with the	28180
department as described in division (J)(1) of this section, the	28181
manufacturer and the department may negotiate the amount and terms	28182
of the discount.	28183

(3) In lieu of establishing a discount program as described	28184
in division (J)(1) of this section, the department and a	28185
manufacturer of a drug or nutritional formula may discuss a	28186
donation of drugs, nutritional formulas, or money by the	28187
manufacturer to the department.	28188

Sec. 3701.024. (A)(1) Under a procedure established in rules	28189
adopted under section 3701.021 of the Revised Code, the department	28190
of health shall determine the amount each county shall provide	28191
annually for the program for medically handicapped children, based	28192
on a proportion of the county's total general property tax	28193
duplicate, not to exceed one-tenth of a mill, and charge the	28194
county for any part of expenses incurred under the program for	28195
treatment services on behalf of medically handicapped children	28196
having legal settlement in the county that is not paid from	28197
federal funds or through the medical assistance program	28198
established under section 5111.01 of the Revised Code. The	28199
department shall not charge the county for expenses exceeding the	28200
difference between the amount determined under division (A)(1) of	28201
this section and any amounts retained under divisions (A)(2) and	28202
(3) of this section.	28203

All amounts collected by the department under division (A)(1)	28204
of this section shall be deposited into the state treasury to the	28205
credit of the medically handicapped children-county assessment	28206
fund, which is hereby created. The fund shall be used by the	28207
department to comply with sections 3701.021 to 3701.028 of the	28208
Revised Code.	28209

(2) The department, in accordance with rules adopted under	28210
section 3701.021 of the Revised Code, may allow each county to	28211
retain up to ten per cent of the amount determined under division	28212
(A)(1) of this section to provide funds to city or general health	28213
districts of the county with which the districts shall provide	28214
service coordination, public health nursing, or transportation	28215
services for medically handicapped children.	28216

(3) In addition to any amount retained under division (A)(2)	28217
of this section, the department, in accordance with rules adopted	28218
under section 3701.021 of the Revised Code, may allow counties	28219
that it determines have significant numbers of potentially	28220
eligible medically handicapped children to retain an amount equal	28221
to the difference between:	28222

(a) Twenty-five per cent of the amount determined under	28223
division (A)(1) of this section;	28224

(b) Any amount retained under division (A)(2) of this	28225
section.	28226

Counties shall use amounts retained under division (A)(3) of	28227
this section to provide funds to city or general health districts	28228
of the county with which the districts shall conduct outreach	28229
activities to increase participation in the program for medically	28230
handicapped children.	28231

(4) Prior to any increase in the millage charged to a county,	28232
the ~~public~~director of health ~~council~~ shall hold a public hearing	28233
on the proposed increase and shall give notice of the hearing to	28234
each board of county commissioners that would be affected by the	28235
increase at least thirty days prior to the date set for the	28236
hearing. Any county commissioner may appear and give testimony at	28237
the hearing. Any increase in the millage any county is required to	28238
provide for the program for medically handicapped children shall	28239
be determined, and notice of the amount of the increase shall be	28240
provided to each affected board of county commissioners, no later	28241
than the first day of June of the fiscal year next preceding the	28242
fiscal year in which the increase will take effect.	28243

(B) Each board of county commissioners shall establish a	28244
medically handicapped children's fund and shall appropriate	28245
thereto an amount, determined in accordance with division (A)(1)	28246
of this section, for the county's share in providing medical,	28247
surgical, and other aid to medically handicapped children residing	28248
in such county and for the purposes specified in divisions (A)(2)	28249
and (3) of this section. Each county shall use money retained	28250
under divisions (A)(2) and (3) of this section only for the	28251
purposes specified in those divisions.	28252

Sec. 3701.025. There is hereby created the medically	28253
handicapped children's medical advisory council consisting of	28254
twenty-one members to be appointed by the director of health for	28255
terms set in accordance with rules adopted by the ~~public health~~	28256
~~council~~director under division (A)(11) of section 3701.021 of the	28257
Revised Code. The medically handicapped children's medical	28258
advisory council shall advise the director regarding the	28259
administration of the program for medically handicapped children,	28260
the suitable quality of medical practice for providers, and the	28261
requirements for medical eligibility for the program.	28262

All members of the council shall be licensed physicians,	28263
surgeons, dentists, and other professionals in the field of	28264
medicine, representative of the various disciplines involved in	28265
the treatment of children with medically handicapping conditions,	28266
and representative of the treatment facilities involved, such as	28267
hospitals, private and public health clinics, and private	28268
physicians' offices, and shall be eligible for the program.	28269

Members of the council shall receive no compensation, but	28270
shall receive their actual and necessary travel expenses incurred	28271
in the performance of their official duties in accordance with the	28272
rules of the office of budget and management.	28273

Sec. 3701.03. (A) The director of health shall perform	28274
duties that are incident to the director's position as chief	28275
executive officer of the department of health. The director shall	28276
administer the laws relating to health and sanitation and the	28277
rules of the department of health. The director may designate	28278
employees of the department and, during a public health emergency,	28279
other persons to administer the laws and rules on the director's	28280
behalf.	28281

(B) Nothing in this section authorizes any action that	28282
prevents the fulfillment of duties or impairs the exercise of	28283
authority established by law for any other person or entity.	28284

~~(C) The director shall prepare sanitary and public health~~	28285
~~rules for consideration by the public health council and submit to~~	28286
~~the council recommendations for new legislation. The director~~	28287
~~shall sit at meetings of the council but shall have no vote.~~	28288

Sec. 3701.05. The director of health shall keep ~~the public~~	28289
~~health council,~~ health officials, and the general public fully	28290
informed in a printed annual report in regard to the work of the	28291
department of health and on the progress that is being made in	28292
studying the cause and prevention of disease and such kindred	28293
subjects as may contribute to the welfare of the people of the	28294
state.	28295

Sec. 3701.07. (A) The ~~public~~director of health ~~council~~	28296
shall adopt rules in accordance with Chapter 119. of the Revised	28297
Code defining and classifying hospitals and dispensaries and	28298
providing for the reporting of information by hospitals and	28299
dispensaries. Except as otherwise provided in the Revised Code,	28300
the rules providing for the reporting of information shall not	28301
require inclusion of any confidential patient data or any	28302
information concerning the financial condition, income, expenses,	28303
or net worth of the facilities other than that financial	28304
information already contained in those portions of the medicare or	28305
medicaid cost report that is necessary for the department of	28306
health to certify the per diem cost under section 3701.62 of the	28307
Revised Code. The rules may require the reporting of information	28308
in the following categories:	28309

(1) Information needed to identify and classify the	28310
institution;	28311

(2) Information on facilities and type and volume of services	28312
provided by the institution;	28313

(3) The number of beds listed by category of care provided;

28314

(4) The number of licensed or certified professional	28315
employees by classification;	28316

(5) The number of births that occurred at the institution the	28317
previous calendar year;	28318

(6) Any other information that the ~~council~~director considers	28319
relevant to the safety of patients served by the institution.	28320

Every hospital and dispensary, public or private, annually	28321
shall register with and report to the department of health.	28322
Reports shall be submitted in the manner prescribed in rules	28323
adopted under this division.	28324

(B) Every governmental entity or private nonprofit	28325
corporation or association whose employees or representatives are	28326
defined as residents' rights advocates under divisions (E)(1) and	28327
(2) of section 3721.10 of the Revised Code shall register with the	28328
department of health on forms furnished by the director of health	28329
and shall provide such reasonable identifying information as the	28330
director may prescribe.	28331

The department shall compile a list of the governmental	28332
entities, corporations, or associations registering under this	28333
division and shall update the list annually. Copies of the list	28334
shall be made available to nursing home administrators as defined	28335
in division (C) of section 3721.10 of the Revised Code ~~and to~~	28336
~~adult care facility managers as defined in section 5119.70 of the~~	28337
~~Revised Code~~.	28338

Sec. 3701.072. (A) As used in this chapter:

28339

(1) "Bioterrorism" has the same meaning as in section	28340
3701.232 of the Revised Code.	28341

(2) "Surveillance" in the public health service means the	28342
systematic collection, analysis, interpretation, and dissemination	28343
of health data on an ongoing basis, to gain knowledge of the	28344
pattern of disease occurrence and potential in a community in	28345
order to control and prevent disease in the community.	28346

(3) "Trauma center" has the same meaning as in section	28347
4765.01 of the Revised Code.	28348

(B) The ~~public~~director of health ~~council~~ shall adopt rules	28349
in accordance with Chapter 119. of the Revised Code that require a	28350
trauma center to report information to the director of health	28351
describing the trauma center's preparedness and capacity to	28352
respond to disasters, mass casualties, and bioterrorism. The	28353
~~council's~~director's rules may require the reporting of any	28354
information the ~~council~~director considers necessary for an	28355
accurate description of a trauma center's preparedness and	28356
capacity to respond to disasters, mass casualties, and	28357
bioterrorism. Information reported pursuant to this division is	28358
not a public record under section 149.43 of the Revised Code.	28359

(C) Upon request, the department of health shall provide a	28360
summary report of the ~~public health council's~~ rules adopted	28361
pursuant to this section.	28362

(D) The director shall review all information received	28363
pursuant to this section. After reviewing the information, the	28364
director may conduct an evaluation of a trauma center's	28365
preparedness and capacity to respond to disasters, mass	28366
casualties, and bioterrorism. An evaluation conducted pursuant to	28367
this division is not a public record under section 149.43 of the	28368
Revised Code.	28369

Sec. 3701.11. The director of health ~~and the secretary of~~	28370
~~the public health council~~ shall have power to administer oaths in	28371
all parts of the state so far as the exercise of such power is	28372
incidental to the performance of the duties of the director ~~or of~~	28373
~~the council~~.	28374

Sec. 3701.132. The department of health is hereby designated	28375
as the state agency to administer the "special supplemental	28376
nutrition program for women, infants, and children" established	28377
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	28378
1786, as amended. The ~~public~~director of health ~~council~~ may adopt	28379
rules pursuant to Chapter 119. of the Revised Code as necessary	28380
for administering the program. The rules may include civil money	28381
penalties for violations of the rules.	28382

In determining eligibility for services provided under the	28383
program, the department may use the application form established	28384
under section 5111.013 of the Revised Code for the healthy start	28385
program. The department may require applicants to furnish their	28386
social security numbers.	28387

If the department determines that a vendor has committed an	28388
act with respect to the program that federal statutes or	28389
regulations or state statutes or rules prohibit, the department	28390
shall take action against the vendor in the manner required by 7	28391
C.F.R. part 246, including imposition of a civil money penalty in	28392
accordance with 7 C.F.R. 246.12, or rules adopted under this	28393
section.	28394

Sec. 3701.146. (A) In taking actions regarding tuberculosis,	28395
the director of health has all of the following duties and powers:	28396

(1) The director shall maintain registries of hospitals,	28397
clinics, physicians, or other care providers to whom the director	28398
shall refer persons who make inquiries to the department of health	28399
regarding possible exposure to tuberculosis.	28400

(2) The director shall engage in tuberculosis surveillance	28401
activities, including the collection and analysis of	28402
epidemiological information relative to the frequency of	28403
tuberculosis infection, demographic and geographic distribution of	28404
tuberculosis cases, and trends pertaining to tuberculosis.	28405

(3) The director shall maintain a tuberculosis registry to	28406
record the incidence of tuberculosis in this state.	28407

(4) The director may appoint physicians to serve as	28408
tuberculosis consultants for geographic regions of the state	28409
specified by the director. Each tuberculosis consultant shall act	28410
in accordance with rules the director establishes and shall be	28411
responsible for advising and assisting physicians and other health	28412
care practitioners who participate in tuberculosis control	28413
activities and for reviewing medical records pertaining to the	28414
treatment provided to individuals with tuberculosis.	28415

(B)(1) The ~~public health council~~director shall adopt rules	28416
establishing standards for the following:	28417

(a) Performing tuberculosis screenings;

28418

(b) Performing examinations of individuals who have been	28419
exposed to tuberculosis and individuals who are suspected of	28420
having tuberculosis;	28421

28422

(d) Preventing individuals with communicable tuberculosis	28423
from infecting other individuals;	28424

(e) Performing laboratory tests for tuberculosis and studies	28425
of the resistance of tuberculosis to one or more drugs;	28426

(f) Selecting laboratories that provide in a timely fashion	28427
the results of a laboratory test for tuberculosis. The standards	28428
shall include a requirement that first consideration be given to	28429
laboratories located in this state.	28430

(2) Rules adopted pursuant to this section shall be adopted	28431
in accordance with Chapter 119. of the Revised Code and may be	28432
consistent with any recommendations or guidelines on tuberculosis	28433
issued by the United States centers for disease control and	28434
prevention or by the American thoracic society. The rules shall	28435
apply to county or district tuberculosis control units, physicians	28436
who examine and treat individuals for tuberculosis, and	28437
laboratories that perform tests for tuberculosis.	28438

Sec. 3701.161. The director of health shall make necessary	28439
arrangements for the production and distribution of diphtheria	28440
antitoxin. Such antitoxin shall in all respects be equal in purity	28441
and potency to the standard of requirements of the United States	28442
public health service for antitoxin for interstate commerce.	28443
Diphtheria antitoxin shall be distributed in accordance with rules	28444
the ~~public health council~~director adopts pursuant to Chapter 119.	28445
of the Revised Code.	28446

Sec. 3701.20. (A) In accordance with rules adopted ~~by the~~	28447
~~public health council,~~ under division (C) of this section, the	28448
director of health shall establish, promote, and maintain the Ohio	28449
poison control network; designate regions within the network; and	28450
designate poison prevention and treatment centers within each	28451
region. The purposes of the network are to:	28452

(1) Reduce the mortality resulting from and the expenditures	28453
incurred because of accidental, homicidal, suicidal, occupational,	28454
or environmental poisoning;	28455

(2) Educate the public and health care professionals	28456
concerning the prevention and treatment of exposure to poison;	28457

(3) Organize poison prevention and treatment activities on a	28458
regional basis to avoid duplication and waste.	28459

(B) To be eligible for designation as a poison prevention and	28460
treatment center and to retain the designation, a center must	28461
maintain compliance with the standards established by the ~~public~~	28462
~~health council~~director pursuant to division (C) of this section.	28463
A poison prevention and treatment center may be operated by an	28464
individual, hospital, institution of higher education, political	28465
subdivision, association, corporation, or public or private	28466
agency.	28467

(C) In accordance with Chapter 119. of the Revised Code, the	28468
~~public health council~~director shall adopt rules that do the	28469
following:	28470

(1) Establish guidelines, based on population density and	28471
other relevant factors, and procedures to be followed ~~by the~~	28472
~~director of health~~ in designating poison control network regions	28473
and centers;	28474

(2) Establish standards for the operation of poison	28475
prevention and treatment centers;	28476

(3) Establish standards and procedures to be followed ~~by the~~	28477
~~director of health~~ in making grants to poison prevention and	28478
treatment centers;	28479

(4) Establish procedures, other than those prescribed by	28480
Chapter 119. of the Revised Code, for reconsideration, at the	28481
request of the entity affected, of the denial or revocation of a	28482
designation as a poison prevention and treatment center.	28483

(D) In accordance with rules adopted ~~by the public health~~	28484
~~council~~under division (C) of this section, the director of health	28485
shall make grants to poison prevention and treatment centers. A	28486
center is not eligible for a grant unless, prior to receiving the	28487
grant, the entity that operates the center agrees in writing that	28488
the level of the total funds, labor, and services devoted by the	28489
entity to the center during the period of the grant will	28490
approximate, as determined by the director of health, the level of	28491
the total funds, labor, and services devoted to the center by that	28492
entity in the fiscal year preceding the fiscal year in which the	28493
grant begins.	28494

(E) Each poison prevention and treatment center shall do all	28495
of the following:	28496

(1) Maintain and staff a twenty-four-hour per day, toll-free,	28497
telephone line to respond to inquiries and provide information	28498
about poison prevention and treatment and available services;	28499

(2) Provide specialized treatment, consultation, information,	28500
and educational programs to health care professionals and the	28501
public;	28502

(3) Compile information on the types and frequency of	28503
treatment it provides.	28504

A center may provide the services described in divisions	28505
(E)(1) and (2) of this section either directly or through contract	28506
with other facilities, as the director of health considers	28507
appropriate. Each center shall take measures to ensure the	28508
confidentiality of information about individuals to whom treatment	28509
or services are provided.	28510

(F) The director of health may revoke the designation of a	28511
poison treatment and control center, or deny an application for	28512
designation, if the center or applicant fails to meet or maintain	28513
the standards established ~~by rule of the public health council~~in	28514
rules adopted under division (C) of this section. The entity	28515
seeking the designation may have the revocation or denial	28516
reconsidered in accordance with rules adopted ~~by the public health~~	28517
~~council~~under division (C) of this section.	28518

(G)(1) A poison prevention and treatment center, its	28519
officers, employees, volunteers, or other persons associated with	28520
the center, and a person, organization, or institution that	28521
advises or assists a poison prevention and treatment center are	28522
not liable in damages in a tort action for harm that allegedly	28523
arises from advice or assistance rendered to any person unless the	28524
advice or assistance is given in a manner that constitutes willful	28525
or wanton misconduct or intentionally tortious conduct.	28526

(2) This section does not create, and shall not be construed	28527
as creating, a new cause of action or substantive legal right	28528
against a poison prevention and treatment center, its officers,	28529
employees, volunteers, or other persons associated with the	28530
center, or a person, organization, or institution that advises or	28531
assists a poison prevention and treatment center.	28532

(3) This section does not affect, and shall not be construed	28533
as affecting, any immunities from civil liability or defenses	28534
conferred by any other section of the Revised Code or available at	28535
common law, to which a poison prevention and treatment center, its	28536
officers, employees, volunteers, or other persons associated with	28537
the center or a person, organization, or institution that advises	28538
or assists a poison prevention and treatment center may be	28539
entitled under circumstances not specified by this section.	28540

(H) The director shall annually report to the general	28541
assembly findings and recommendations concerning the	28542
effectiveness, impact, and benefits of the poison prevention and	28543
treatment centers.	28544

Sec. 3701.201. (A) As used in this section, "bioterrorism"	28545
has the same meaning as in section 3701.232 of the Revised Code.	28546

(B) The ~~public~~director of health ~~council~~ shall adopt rules	28547
in accordance with Chapter 119. of the Revised Code under which a	28548
poison prevention and treatment center or other health-related	28549
entity is required to report events that may be caused by	28550
bioterrorism, epidemic or pandemic disease, or established or	28551
novel infectious agents or biological or chemical toxins posing a	28552
risk of human fatality or disability. Rules adopted under this	28553
section may require a report of any of the following:	28554

(1) An unexpected pattern or increase in the number of	28555
telephone inquiries or requests to provide information about	28556
poison prevention and treatment and available services;	28557

(2) An unexpected pattern or increase in the number of	28558
requests to provide specialized treatment, consultation,	28559
information, and educational programs to health care professionals	28560
and the public;	28561

(3) An unexpected pattern or increase in the number of	28562
requests for information on established or novel infectious agents	28563
or biological or chemical toxins posing a risk of human fatality	28564
or disability that is relatively uncommon and may have been caused	28565
by bioterrorism.	28566

(C) Each poison prevention and treatment center and other	28567
health-related entity shall comply with any reporting requirement	28568
established in rules adopted under division (B) of this section.	28569

(D) Information reported under this section that is protected	28570
health information pursuant to section 3701.17 of the Revised Code	28571
shall be released only in accordance with that section.	28572
Information that does not identify an individual may be released	28573
in summary, statistical, or aggregate form.	28574

Sec. 3701.21. (A) As used in this section:

28575

(1) "Amblyopia" means reduced vision in an eye that has not	28576
received adequate use during early childhood.	28577

(2) "501(c) organization" means an organization exempt from	28578
federal income taxation pursuant to 26 U.S.C.A. 501(a) and (c).	28579

(B) There is hereby created in the state treasury the save	28580
our sight fund. The fund shall consist of voluntary contributions	28581
deposited as provided in section 4503.104 of the Revised Code. All	28582
investment earnings from the fund shall be credited to the fund.	28583

(C) The director of health shall use the money in the save	28584
our sight fund as follows:	28585

(1) To provide support to 501(c) organizations that offer	28586
vision services in all counties of the state and have demonstrated	28587
experience in the delivery of vision services to do one or more of	28588
the following:	28589

(a) Implement a voluntary children's vision screening	28590
training and certification program for volunteers, child care	28591
providers, nurses, teachers, health care professionals practicing	28592
in primary care settings, and others serving children;	28593

(b) Provide materials for the program implemented under	28594
division (C)(1)(a) of this section;	28595

(c) Develop and implement a registry and targeted voluntary	28596
case management system to determine whether children with	28597
amblyopia are receiving professional eye care and to provide their	28598
parents with information and support regarding their child's	28599
vision care;	28600

(d) Establish a matching grant program for the purchase and	28601
distribution of protective eyewear to children;	28602

(e) Provide vision health and safety programs and materials	28603
for classrooms.	28604

(2) For the purpose of section 4503.104 of the Revised Code,	28605
to develop and distribute informational materials on the	28606
importance of eye care and safety to the registrar of motor	28607
vehicles and each deputy registrar;	28608

(3) To pay costs incurred by the director in administering	28609
the fund;	28610

(4) To reimburse the bureau of motor vehicles for the	28611
administrative costs incurred in performing its duties under	28612
section 4503.104 of the Revised Code.	28613

(D) A 501(c) organization seeking funding from the save our	28614
sight fund for any of the projects specified in division (C) of	28615
this section shall submit a request for the funding to the	28616
director in accordance with rules adopted under division (E) of	28617
this section. The director shall determine the appropriateness of	28618
and approve or disapprove projects for funding and approve or	28619
disapprove the disbursement of money from the save our sight fund.	28620

(E) The ~~public health council~~director shall adopt rules in	28621
accordance with Chapter 119. of the Revised Code to implement this	28622
section. The rules shall include the parameters of the projects	28623
specified in division (C)(1) of this section that may be funded	28624
with money in the save our sight fund and procedures for 501(c)	28625
organizations to request funding from the fund.	28626

Sec. 3701.221. (A) The director of health shall have charge	28627
of the public health laboratory authorized by section 3701.22 of	28628
the Revised Code. The director may employ an assistant for the	28629
laboratory who shall be a person skilled in chemistry and	28630
bacteriology, and receive compensation as the director determines.	28631
All expenses of the laboratory shall be paid from appropriations	28632
made for the department of health.	28633

(B) The ~~public health council~~director, in accordance with	28634
Chapter 119. of the Revised Code, shall adopt, and may amend or	28635
rescind, rules establishing reasonable fees for services the	28636
laboratory performs. The ~~council~~director need not prescribe fees	28637
where the ~~council~~director believes that charging fees would	28638
significantly and adversely affect the public health. All fees	28639
collected for services the laboratory performs shall be deposited	28640
into the state treasury to the credit of the "laboratory handling	28641
fee fund," which is hereby created for the purpose of defraying	28642
expenses of operating the laboratory.	28643

Sec. 3701.23. (A) As used in this section, "health care	28644
provider" means any person or government entity that provides	28645
health care services to individuals. "Health care provider"	28646
includes, but is not limited to, hospitals, medical clinics and	28647
offices, special care facilities, medical laboratories,	28648
physicians, pharmacists, dentists, physician assistants,	28649
registered and licensed practical nurses, laboratory technicians,	28650
emergency medical service organization personnel, and ambulance	28651
service organization personnel.	28652

(B) Boards of health, health authorities or officials, health	28653
care providers in localities in which there are no health	28654
authorities or officials, and coroners or medical examiners shall	28655
report promptly to the department of health the existence of any	28656
of the following:	28657

(1) Asiatic cholera;

28658

(2) Yellow fever;

28659

(3) Diphtheria;

28660

(4) Typhus or typhoid fever;

28661

(5) As specified by the ~~public~~director of health ~~council~~,	28662
other contagious or infectious diseases, illnesses, health	28663
conditions, or unusual infectious agents or biological toxins	28664
posing a risk of human fatality or disability.	28665

(C) No person shall fail to comply with the reporting	28666
requirements established under division (B) of this section.	28667

(D) The reports required by this section shall be submitted	28668
on forms, as required by statute or rule, and in the manner the	28669
director of health prescribes.	28670

(E) Information reported under this section that is protected	28671
health information pursuant to section 3701.17 of the Revised Code	28672
shall be released only in accordance with that section.	28673
Information that does not identify an individual may be released	28674
in summary, statistical, or aggregate form.	28675

Sec. 3701.232. (A) As used in this section:

28676

(1) "Bioterrorism" means the intentional use of any	28677
microorganism, virus, infectious substance, or biological product	28678
that may be engineered as a result of biotechnology, or any	28679
naturally occurring or bioengineered component of a microorganism,	28680
virus, infectious substance, or biological product, to cause	28681
death, disease, or other biological malfunction in a human,	28682
animal, plant, or other living organism as a means of influencing	28683
the conduct of government or intimidating or coercing a	28684
population.	28685

(2) "Pharmacist" means an individual licensed under Chapter	28686
4729. of the Revised Code to engage in the practice of pharmacy as	28687
a pharmacist.	28688

(3) "Pharmacy" and "prescription" have the same meanings as	28689
in section 4729.01 of the Revised Code.	28690

(B) The ~~public~~director of health ~~council~~ shall adopt rules	28691
in accordance with Chapter 119. of the Revised Code under which a	28692
pharmacy or pharmacist is required to report significant changes	28693
in medication usage that may be caused by bioterrorism, epidemic	28694
or pandemic disease, or established or novel infectious agents or	28695
biological toxins posing a risk of human fatality or disability.	28696
Rules adopted under this section may require a report of any of	28697
the following:	28698

(1) An unexpected increase in the number of prescriptions for	28699
antibiotics;	28700

(2) An unexpected increase in the number of prescriptions for	28701
medication to treat fever or respiratory or gastrointestinal	28702
complaints;	28703

(3) An unexpected increase in sales of, or the number of	28704
requests for information on, over-the-counter medication to treat	28705
fever or respiratory or gastrointestinal complaints;	28706

(4) Any prescription for medication used to treat a disease	28707
that is relatively uncommon and may have been caused by	28708
bioterrorism.	28709

(C) No person shall fail to comply with any reporting	28710
requirement established in rules adopted under division (B) of	28711
this section.	28712

(D) Information reported under this section that is protected	28713
health information pursuant to section 3701.17 of the Revised Code	28714
shall be released only in accordance with that section.	28715
Information that does not identify an individual may be released	28716
in summary, statistical, or aggregate form.	28717

Sec. 3701.24. (A) As used in this section and sections	28718
3701.241 to 3701.249 of the Revised Code:	28719

(1) "AIDS" means the illness designated as acquired	28720
immunodeficiency syndrome.	28721

(2) "HIV" means the human immunodeficiency virus identified	28722
as the causative agent of AIDS.	28723

(3) "AIDS-related condition" means symptoms of illness	28724
related to HIV infection, including AIDS-related complex, that are	28725
confirmed by a positive HIV test.	28726

(4) "HIV test" means any test for the antibody or antigen to	28727
HIV that has been approved by the director of health under	28728
division (B) of section 3701.241 of the Revised Code.	28729

(5) "Health care facility" has the same meaning as in section	28730
1751.01 of the Revised Code.	28731

(6) "Director" means the director of health or any employee	28732
of the department of health acting on the director's behalf.	28733

(7) "Physician" means a person who holds a current, valid	28734
certificate issued under Chapter 4731. of the Revised Code	28735
authorizing the practice of medicine or surgery and osteopathic	28736
medicine and surgery.	28737

(8) "Nurse" means a registered nurse or licensed practical	28738
nurse who holds a license or certificate issued under Chapter	28739
4723. of the Revised Code.	28740

(9) "Anonymous test" means an HIV test administered so that	28741
the individual to be tested can give informed consent to the test	28742
and receive the results by means of a code system that does not	28743
link the identity of the individual tested to the request for the	28744
test or the test results.	28745

(10) "Confidential test" means an HIV test administered so	28746
that the identity of the individual tested is linked to the test	28747
but is held in confidence to the extent provided by sections	28748
3701.24 to 3701.248 of the Revised Code.	28749

(11) "Health care provider" means an individual who provides	28750
diagnostic, evaluative, or treatment services. Pursuant to Chapter	28751
119. of the Revised Code, the ~~public health council~~director may	28752
adopt rules further defining the scope of the term "health care	28753
provider."	28754

(12) "Significant exposure to body fluids" means a	28755
percutaneous or mucous membrane exposure of an individual to the	28756
blood, semen, vaginal secretions, or spinal, synovial, pleural,	28757
peritoneal, pericardial, or amniotic fluid of another individual.	28758

(13) "Emergency medical services worker" means all of the	28759
following:	28760

(a) A peace officer;

28761

(b) An employee of an emergency medical service organization	28762
as defined in section 4765.01 of the Revised Code;	28763

28764

(d) A volunteer firefighter, emergency operator, or rescue	28765
operator;	28766

(e) An employee of a private organization that renders rescue	28767
services, emergency medical services, or emergency medical	28768
transportation to accident victims and persons suffering serious	28769
illness or injury.	28770

(14) "Peace officer" has the same meaning as in division (A)	28771
of section 109.71 of the Revised Code, except that it also	28772
includes a sheriff and the superintendent and troopers of the	28773
state highway patrol.	28774

(B) Persons designated by rule adopted by the ~~public health~~	28775
~~council~~director under section 3701.241 of the Revised Code shall	28776
report promptly every case of AIDS, every AIDS-related condition,	28777
and every confirmed positive HIV test to the department of health	28778
on forms and in a manner prescribed by the director. In each	28779
county the director shall designate the health commissioner of a	28780
health district in the county to receive the reports.	28781

(C) No person shall fail to comply with the reporting	28782
requirements established under division (B) of this section.	28783

(D) Information reported under this section that identifies	28784
an individual is confidential and may be released only with the	28785
written consent of the individual except as the director	28786
determines necessary to ensure the accuracy of the information, as	28787
necessary to provide treatment to the individual, as ordered by a	28788
court pursuant to section 3701.243 or 3701.247 of the Revised	28789
Code, or pursuant to a search warrant or a subpoena issued by or	28790
at the request of a grand jury, prosecuting attorney, city	28791
director of law or similar chief legal officer of a municipal	28792
corporation, or village solicitor, in connection with a criminal	28793
investigation or prosecution. Information that does not identify	28794
an individual may be released in summary, statistical, or	28795
aggregate form.	28796

Sec. 3701.241. (A) The director of health shall develop and	28797
administer the following:	28798

(1) A surveillance system to determine the number of cases of	28799
AIDS and the HIV infection rate in various population groups;	28800

(2) Counseling and testing programs for groups determined by	28801
the director to be at risk of HIV infection, including procedures	28802
for both confidential and anonymous tests, counseling training	28803
programs for health care providers, and development of counseling	28804
guidelines;	28805

(3) A confidential partner notification system to alert and	28806
counsel sexual contacts of individuals with HIV infection;	28807

(4) Risk reduction and education programs for groups	28808
determined by the director to be at risk of HIV infection, and, in	28809
consultation with a wide range of community leaders, education	28810
programs for the public;	28811

(5) Pilot programs for the long-term care of individuals with	28812
AIDS or AIDS-related condition, including care in nursing homes	28813
and in alternative settings;	28814

(6) Programs to expand regional outpatient treatment of	28815
individuals with AIDS or AIDS-related condition;	28816

(7) A program to assist communities, including communities of	28817
less than one hundred thousand population, in establishing AIDS	28818
task forces and support groups for individuals with AIDS,	28819
AIDS-related condition, and HIV infection. The program may include	28820
the award of grants if they are matched by local funds.	28821

Information obtained or maintained under the partner	28822
notification system is not a public record under section 149.43 of	28823
the Revised Code and may be released only in accordance with	28824
division (C) of section 3701.243 of the Revised Code.	28825

(B) The director shall:

28826

(1) Approve a test or tests to be used to determine whether	28827
an individual has HIV infection, define a confirmed positive test	28828
result, and develop guidelines for interpreting test results;	28829

(2) Establish sites for confidential and anonymous HIV tests,	28830
and prepare a list of sites where an individual may obtain an	28831
anonymous test;	28832

(3) Prepare a list of counseling services;

28833

(4) Make available a copy of the list of anonymous testing	28834
sites or a copy of the list of counseling services to anyone who	28835
requests it.	28836

(C) The director of health shall require the director or	28837
administrator of each site where anonymous or confidential HIV	28838
tests are given to submit a report every three months evaluating	28839
from an epidemiologic perspective the effectiveness of the HIV	28840
testing program at that site. Not later than January 31, 1991, and	28841
each year thereafter, the director of health shall make a report	28842
evaluating the anonymous and confidential testing programs	28843
throughout the state with regard to their effectiveness as	28844
epidemiologic programs. The report shall be submitted to the	28845
speaker of the house of representatives and the president of the	28846
senate and shall be made available to the public.	28847

The ~~public~~director of health ~~council~~ shall adopt rules	28848
pursuant to Chapter 119. of the Revised Code for the	28849
implementation of the requirements of division (B)(1) of this	28850
section and division (D) of section 3701.24 of the Revised Code.	28851

(D) The director of health shall administer funds received	28852
under Title XXVI of the "Public Health Services Act," 104 Stat.	28853
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve	28854
the quality and availability of care for individuals with AIDS,	28855
AIDS-related condition, and HIV infection. In administering these	28856
funds, the director may enter into contracts with any person or	28857
entity for the purpose of administering the programs, including	28858
contracts with the department of job and family services for	28859
establishment of a program of reimbursement of drugs used for	28860
treatment and care of such individuals. The director of health may	28861
adopt rules in accordance with Chapter 119. of the Revised Code	28862
and issue orders as necessary for administration of the funds. If	28863
the department of job and family services enters into a contract	28864
under this division, the director of job and family services may	28865
adopt rules in accordance with Chapter 119. of the Revised Code as	28866
necessary for carrying out the department's duties under the	28867
contract.	28868

Sec. 3701.242. (A) An HIV test may be performed by or on the	28869
order of a health care provider who, in the exercise of the	28870
provider's professional judgment, determines the test to be	28871
necessary for providing diagnosis and treatment to the individual	28872
to be tested, if the individual or the individual's parent or	28873
guardian has given consent to the provider for medical or other	28874
health care treatment. The health care provider shall inform the	28875
individual of the individual's right under division (D) of this	28876
section to an anonymous test.	28877

(B) A minor may consent to be given an HIV test. The consent	28878
is not subject to disaffirmance because of minority. The parents	28879
or guardian of a minor giving consent under this division are not	28880
liable for payment and shall not be charged for an HIV test given	28881
to the minor without the consent of a parent or the guardian.	28882

(C) The health care provider ordering an HIV test shall	28883
provide post-test counseling for an individual who receives an	28884
HIV-positive test result. The ~~public~~director of health ~~council~~	28885
may adopt rules~~, pursuant to recommendations from the director of~~	28886
~~health and~~ in accordance with Chapter 119. of the Revised Code,	28887
specifying the information to be provided in post-test counseling.	28888

(D) An individual shall have the right to an anonymous test.	28889
A health care facility or health care provider that does not	28890
provide anonymous testing shall refer an individual requesting an	28891
anonymous test to a site where it is available.	28892

(E) Divisions (B) to (D) of this section do not apply to the	28893
performance of an HIV test in any of the following circumstances:	28894

(1) When the test is performed in a medical emergency by a	28895
nurse or physician and the test results are medically necessary to	28896
avoid or minimize an immediate danger to the health or safety of	28897
the individual to be tested or another individual, except that	28898
post-test counseling shall be given to the individual if the	28899
individual receives an HIV-positive test result;	28900

(2) When the test is performed for the purpose of research if	28901
the researcher does not know and cannot determine the identity of	28902
the individual tested;	28903

(3) When the test is performed by a person who procures,	28904
processes, distributes, or uses a human body part from a deceased	28905
person donated for a purpose specified in Chapter 2108. of the	28906
Revised Code, if the test is medically necessary to ensure that	28907
the body part is acceptable for its intended purpose;	28908

(4) When the test is performed on a person incarcerated in a	28909
correctional institution under the control of the department of	28910
rehabilitation and correction if the head of the institution has	28911
determined, based on good cause, that a test is necessary;	28912

(5) When the test is performed in accordance with section	28913
2907.27 of the Revised Code;	28914

(6) When the test is performed on an individual after the	28915
infection control committee of a health care facility, or other	28916
body of a health care facility performing a similar function	28917
determines that a health care provider, emergency medical services	28918
worker, or peace officer, while rendering health or emergency care	28919
to an individual, has sustained a significant exposure to the body	28920
fluids of that individual, and the individual has refused to give	28921
consent for testing.	28922

Sec. 3701.248. (A) As used in this section:

28923

(1) "Contagious or infectious disease" means a disease	28924
specified ~~by rule~~in rules adopted by the ~~public~~director of	28925
health ~~council~~ pursuant to division (F) of this section.	28926

(2) "Patient" means either of the following:

28927

(a) A person, whether alive or dead, who has been treated, or	28928
handled, or transported for medical care by an emergency medical	28929
services worker;	28930

(b) A deceased person whose body is handled by a funeral	28931
services worker.	28932

(3) "Significant exposure" means:

28933

(a) A percutaneous or mucous membrane exposure of an	28934
individual to the blood, semen, vaginal secretions, or spinal,	28935
synovial, pleural, peritoneal, pericardial, or amniotic fluid of	28936
another person;	28937

(b) Exposure to a contagious or infectious disease.

28938

(4) "Funeral services worker" means a person licensed as a	28939
funeral director or embalmer under Chapter 4717. of the Revised	28940
Code or an individual responsible for the direct final disposition	28941
of a deceased person.	28942

(B)(1) An emergency medical services worker or funeral	28943
services worker who believes that significant exposure has	28944
occurred through the worker's contact with a patient may submit to	28945
the health care facility or coroner that received the patient a	28946
written request to be notified of the results of any test	28947
performed on the patient to determine the presence of a contagious	28948
or infectious disease. The request shall include:	28949

(a) The name, address, and telephone number of the individual	28950
submitting the request;	28951

(b) The name of the individual's employer, or, in the case of	28952
a volunteer emergency medical services worker, the entity for	28953
which the worker volunteers, and the individual's supervisor;	28954

28955

(2) The request for notification that is submitted by an	28956
emergency medical services worker pursuant to division (B)(1) of	28957
this section is valid for ten days after it is made. If at the end	28958
of that ten-day period no test has been performed to determine the	28959
presence of a contagious or infectious disease, no diagnosis has	28960
been made, or the result of the test is negative, the health care	28961
facility or coroner shall notify the emergency medical services	28962
worker. The notification shall not include the name of the	28963
patient. If necessary, the request may be renewed in accordance	28964
with the same procedures and requirements as the original request.	28965

(3) A health care facility or coroner shall respond	28966
immediately to a request for notification submitted pursuant to	28967
division (B)(1) of this section by a funeral services worker. If	28968
no test has been performed to determine the presence of a	28969
contagious or infectious disease, no diagnosis has been made, or	28970
the result of a test that was performed is negative, the health	28971
care facility or coroner shall immediately notify the funeral	28972
services worker. The notification shall not include the name of	28973
the patient.	28974

On receipt of notification that no test has been performed to	28975
determine the presence of a contagious or infectious disease in a	28976
patient, the funeral services worker may have a test performed on	28977
the patient. The test shall be performed in accordance with rules	28978
adopted by the department of health pursuant to division (G) of	28979
this section.	28980

The consent of the patient's family is not required for	28981
performance of a test pursuant to division (B)(3) of this section.	28982

(C) The health care facility or coroner that receives a	28983
written request for notification shall give an oral notification	28984
of the presence of a contagious or infectious disease, or of a	28985
confirmed positive test result, if known, to the person who made	28986
the request and the person's supervisor and to the infection	28987
control committee or other body described in division (E)(6) of	28988
section 3701.242 of the Revised Code within two days after	28989
determining the presence of a contagious or infectious disease or	28990
after a confirmed positive test result. A written notification	28991
shall follow oral notification within three days. If a contagious	28992
or infectious disease is present, or the test results are	28993
confirmed positive, both the oral and written notification shall	28994
include the name of the disease, its signs and symptoms, the date	28995
of exposure, the incubation period, the mode of transmission of	28996
the disease, the medical precautions necessary to prevent	28997
transmission to other persons, and the appropriate prophylaxis,	28998
treatment, and counseling for the disease. The notification shall	28999
not include the name of the patient.	29000

If the request is made by an emergency medical services	29001
worker and the information is not available from the health care	29002
facility to which the request is made because the patient has been	29003
transferred from that health care facility, the facility shall	29004
assist the emergency medical services worker in locating the	29005
patient and securing the requested information from the health	29006
care facility that treated or is treating the patient. If the	29007
patient has died, the health care facility shall give the	29008
emergency medical services worker the name and address of the	29009
coroner who received the patient.	29010

(D) Each health care facility and coroner shall develop	29011
written procedures to implement the notification procedures	29012
required by this section. A health care facility or coroner may	29013
take measures in addition to those required in this section to	29014
notify emergency medical services workers and funeral services	29015
workers of possible exposure to a contagious or infectious disease	29016
as long as the confidentiality of the information is maintained.	29017

(E) No person shall knowingly fail to comply with division	29018
(C) of this section.	29019

(F) The ~~public~~director of health ~~council~~ shall adopt rules	29020
in accordance with Chapter 119. of the Revised Code that specify	29021
the diseases that are reasonably likely to be transmitted by air	29022
or blood during the normal course of duties performed by an	29023
emergency medical services worker or funeral services worker. In	29024
adopting such rules, the ~~council~~director shall consider the types	29025
of contact that typically occur between patients and emergency	29026
medical services workers and funeral services workers.	29027

(G) The department of health shall adopt rules in accordance	29028
with Chapter 119. of the Revised Code specifying the procedures a	29029
funeral services worker must follow when having a test performed	29030
on a patient pursuant to division (B)(3) of this section. The	29031
rules shall specify how and by whom the test is to be performed.	29032
The rules shall require the funeral services worker or the funeral	29033
services worker's employer to pay the cost of the test. No health	29034
care facility shall be required to perform the test.	29035

Sec. 3701.341. (A) The ~~public~~director of health ~~council~~,	29036
pursuant to Chapter 119. and consistent with section 2317.56 of	29037
the Revised Code, shall adopt rules relating to abortions and the	29038
following subjects:	29039

(1) Post-abortion procedures to protect the health of the	29040
pregnant woman;	29041

(2) Pathological reports;

29042

(3) Humane disposition of the product of human conception;

29043

(4) Counseling.

29044

(B) The director of health shall implement the rules and	29045
shall apply to the court of common pleas for temporary or	29046
permanent injunctions restraining a violation or threatened	29047
violation of the rules. This action is an additional remedy not	29048
dependent on the adequacy of the remedy at law.	29049

Sec. 3701.342. After consultation with the public health	29050
standards task force established under section 3701.343 of the	29051
Revised Code, the ~~public~~director of health ~~council~~ shall adopt	29052
rules establishing minimum standards and optimum achievable	29053
standards for boards of health and local health departments. The	29054
minimum standards shall assure that boards of health and local	29055
health departments provide for:	29056

(A) Analysis and prevention of communicable disease;

29057

(B) Analysis of the causes of, and appropriate treatment for,	29058
the leading causes of morbidity and mortality;	29059

(C) The administration and management of the local health	29060
department;	29061

(D) Access to primary health care by medically underserved	29062
individuals;	29063

(E) Environmental health management programs;

29064

(F) Health promotion services designed to encourage	29065
individual and community wellness.	29066

The ~~public health council~~director shall adopt rules	29067
establishing a formula for distribution of state health district	29068
subsidy funds to boards of health and local health departments.	29069
The formula shall provide no subsidy funds to a board or	29070
department unless it meets minimum standards and shall provide	29071
higher funding levels for boards and districts that meet optimum	29072
achievable standards.	29073

Notwithstanding section 119.03 of the Revised Code, rules	29074
adopted under this section shall not take effect unless approved	29075
by concurrent resolution of the general assembly.	29076

Sec. 3701.343. The ~~chairman~~director of ~~the public~~ health	29077
~~council~~ shall, with the advice of the association of Ohio health	29078
commissioners ~~and the director of health~~, appoint a public health	29079
standards task force to assist and advise the ~~public health~~	29080
~~council~~director in formulating and evaluating the standards	29081
established under section 3701.342 of the Revised Code for the	29082
provision of public health services. ~~The task force shall~~	29083
~~recommend its standards for all categories mentioned in section~~	29084
~~3701.342 of the Revised Code on or before March 1, 1983.~~	29085

The task force shall have nine members, consisting of:

29086

(A) A sanitarian registered in accordance with Chapter 4736.	29087
of the Revised Code;	29088

(B) A registered nurse licensed in accordance with Chapter	29089
4723. of the Revised Code;	29090

(C) A physician ~~licensed in accordance with~~who is authorized	29091
under Chapter 4731. of the Revised Code to practice medicine and	29092
surgery or osteopathic medicine and surgery;	29093

(D) Three health commissioners;

29094

(E) Two representatives of the department of health;

29095

(F) One individual with recognized ability in public health	29096
law, public health laboratories, epidemiology, nutrition, or	29097
health education.	29098

~~The public health standards task force shall complete its~~	29099
~~work within three years after the effective date of this section~~	29100
~~and shall cease to exist upon completion of its work, provided,~~	29101
~~that the public health council may reconstitute the public health~~	29102
~~standards task force, for the purpose of reviewing, evaluating,~~	29103
~~and revising the standards mandated in section 3701.342 of the~~	29104
~~Revised Code.~~	29105

Members of the task force shall elect a ~~chairman~~chairperson.	29106
Five members of the task force constitute a quorum and six votes	29107
are necessary to validate an action.	29108

~~Within ninety days of the effective date of this section, the~~	29109
~~chairman of the public health council shall make the appointments~~	29110
~~to the task force. Within sixty days of their appointment, the~~	29111
~~task force members shall meet, organize, and begin their work.~~	29112
Vacancies occurring on the task force shall be filled in the same	29113
manner as the initial appointments.	29114

Members of the task force shall serve without compensation,	29115
but may be reimbursed for necessary expenses.	29116

Sec. 3701.344. As used in this section and sections	29117
3701.345, 3701.346, and 3701.347 of the Revised Code:	29118

(A) "Private water system" means any water system for the	29119
provision of water for human consumption, if such system has fewer	29120
than fifteen service connections and does not regularly serve an	29121
average of at least twenty-five individuals daily at least sixty	29122
days out of the year. A private water system includes any well,	29123
spring, cistern, pond, or hauled water and any equipment for the	29124
collection, transportation, filtration, disinfection, treatment,	29125
or storage of such water extending from and including the source	29126
of the water to the point of discharge from any pressure tank or	29127
other storage vessel; to the point of discharge from the water	29128
pump where no pressure tank or other storage vessel is present;	29129
or, in the case of multiple service connections serving more than	29130
one dwelling, to the point of discharge from each service	29131
connection. "Private water system" does not include the water	29132
service line extending from the point of discharge to a structure.	29133

(B) Notwithstanding section 3701.347 of the Revised Code and	29134
subject to division (C) of this section, rules adopted by the	29135
~~public~~director of health ~~council~~ regarding private water systems	29136
shall provide for the following:	29137

(1) Except as otherwise provided in this division, boards of	29138
health of city or general health districts shall be given the	29139
exclusive power to establish fees in accordance with section	29140
3709.09 of the Revised Code for administering and enforcing such	29141
rules. Such fees shall establish a different rate for	29142
administering and enforcing the rules relative to private water	29143
systems serving single-family dwelling houses and nonsingle-family	29144
dwelling houses. Except for an amount established by the ~~public~~	29145
~~health council~~director, pursuant to division (B)(5) of this	29146
section, for each new private water system installation, no	29147
portion of any fee for administering and enforcing such rules	29148
shall be returned to the department of health. If the director of	29149
health determines that a board of health of a city or general	29150
health district is unable to administer and enforce a private	29151
water system program in the district, the director shall	29152
administer and enforce such a program in the district and	29153
establish fees for such administration and enforcement.	29154

(2) Boards of health of city or general health districts	29155
shall be given the exclusive power to determine the number of	29156
inspections necessary for determining the safe drinking	29157
characteristics of a private water system.	29158

(3) Private water systems contractors, as a condition of	29159
doing business in this state, shall annually register with, and	29160
comply with surety bonding requirements of, the department of	29161
health. No such contractor shall be permitted to register if the	29162
contractor fails to comply with all applicable rules adopted by	29163
the ~~public health council~~director and the board of health of the	29164
city or general health district. The annual registration fee for	29165
private water systems contractors shall be sixty-five dollars. The	29166
~~public health council~~director, by rule adopted in accordance with	29167
Chapter 119. of the Revised Code, may increase the annual	29168
registration fee. ~~Before January 1, 1993, the fee shall not be~~	29169
~~increased by more than fifty per cent of the amount prescribed by~~	29170
~~this section.~~	29171

(4) ~~Boards~~Subject to rules adopted by the director, boards	29172
of health of city or general health districts ~~subject to such~~	29173
~~rules of the public health council~~ shall have the option of	29174
determining whether bacteriological examinations shall be	29175
performed at approved laboratories of the state or at approved	29176
private laboratories.	29177

(5) The ~~public health council~~director may establish fees for	29178
each new private water system installation, which shall be	29179
collected by the appropriate board of health and transmitted to	29180
the director ~~of health~~ pursuant to section 3709.092 of the Revised	29181
Code.	29182

(6) All fees received by the director of health under	29183
divisions (B)(1), (3), and (5) of this section shall be deposited	29184
in the state treasury to the credit of the general operations fund	29185
created in section 3701.83 of the Revised Code for use in the	29186
administration and enforcement of sections 3701.344 to 3701.347 of	29187
the Revised Code and the rules pertaining to private water systems	29188
adopted under those sections ~~or section 3701.34 of the Revised~~	29189
~~Code~~.	29190

(C) To the extent that rules adopted under division (B) of	29191
this section require health districts to follow specific	29192
procedures or use prescribed forms, no such procedure or form	29193
shall be implemented until it is approved by majority vote of an	29194
approval board of health commissioners, hereby created. Members of	29195
the board shall be the officers of the association of Ohio health	29196
commissioners, or any successor organization, and membership on	29197
the board shall be coterminous with holding an office of the	29198
association. No health district is required to follow a procedure	29199
or use a form required by a rule adopted under division (B) of	29200
this section without the approval of the board.	29201

(D) A board of health shall collect well log filing fees on	29202
behalf of the division of soil and water resources in the	29203
department of natural resources in accordance with section 1521.05	29204
of the Revised Code and rules adopted under it. The fees shall be	29205
submitted to the division quarterly as provided in those rules.	29206

Sec. 3701.345. Any applicant for a permit to construct,	29207
develop, install, or modify a private water system required by	29208
rules adopted by the ~~public~~director of health ~~council~~ under	29209
~~sections 3701.34 and~~section 3701.347 of the Revised Code may	29210
apply to the board of health of the city or general health	29211
district administering and enforcing the private water supply	29212
program in the health district in which the private water system	29213
is or is to be located or, if the health district is not	29214
administering and enforcing the program, may apply to the	29215
department of health for a variance from such rules governing the	29216
design, construction, development, installation, or modification	29217
of private water systems. The application for a variance shall be	29218
made in writing and shall include a statement of the particular	29219
rule or rules from which a variance is sought, a description of	29220
the proposed system or modification, and the necessity for the	29221
variance. The board of health or the department of health shall	29222
not grant a variance unless the applicant demonstrates that:	29223

(A) There will be an unusual and unnecessary hardship in	29224
complying with the rules from which the variance is sought;	29225

(B) Contamination of the private water system will not occur	29226
as a result of construction and operation of the system as	29227
proposed by the variance application;	29228

(C) The health of persons using water from the private water	29229
system will not be endangered as a result of construction and	29230
operation of the system as proposed by the variance application;	29231
and	29232

(D) No other technically feasible and economically reasonable	29233
means exist for obtaining water from the proposed type of water	29234
source.	29235

Sec. 3701.347. Notwithstanding division (E) of section	29236
6111.42 of the Revised Code, rules adopted under such division and	29237
in effect on December 14, 1978, shall continue in effect until	29238
repealed by the environmental protection agency or superseded by	29239
rules ofadopted by the ~~public~~director of health ~~council~~ as	29240
hereinafter provided, as fully as if such section had not been	29241
amended by Amended Substitute Senate Bill No. 445 of the 112th	29242
general assembly on such date. Insofar as these rules affect wells	29243
for the provision of water for human consumption not used or for	29244
use by a public water system, they shall remain in effect	29245
notwithstanding repeal by the environmental protection agency	29246
until the ~~public health council~~director adopts rules superseding	29247
them which prescribe uniform standards and procedures for the	29248
design, construction, inspection, installation, development,	29249
maintenance, and abandonment of private water systems, to protect	29250
the health of the persons served by such water systems and to	29251
establish fees at a level calculated to pay the cost of	29252
administering and enforcing such rules by the director ~~health~~ or	29253
by boards of health of city and general health districts approved	29254
by the director of health. For purposes of this section "public	29255
water system" has the meaning ascribed to it in section 6109.01 of	29256
the Revised Code.	29257

Sec. 3701.352. No person shall violate any rule the ~~public~~	29258
~~health council,~~ director of health, or department of health adopts	29259
or any order the director or department of health issues under	29260
this chapter to prevent a threat to the public caused by a	29261
pandemic, epidemic, or bioterrorism event.	29262

Sec. 3701.40. The ~~public~~director of health ~~council~~ shall by	29263
rule prescribe minimum standards for the maintenance and operation	29264
of hospitals and medical facilities which shall receive federal	29265
aid for construction under the state plan provided for by section	29266
3701.39 of the Revised Code.	29267

Boards of trustees or directors of institutions required to	29268
comply with sections 3701.01, 3701.04, 3701.08, 3701.09, and	29269
3701.37 to 3701.45 of the Revised Code shall have the right to	29270
select the professional staff members of such institutions and to	29271
select and employ interns, nurses, and other personnel, and no	29272
rules, regulations, or standards of the director of health ~~or the~~	29273
~~public health council~~ adopted or promulgated severally or jointly	29274
shall be valid which, if enforced, would interfere in such	29275
selection or employment.	29276

The director of health may petition the common pleas court of	29277
the county in which any hospital or medical facility is located	29278
for an order enjoining any person, firm, partnership, association,	29279
corporation, or other entity, private or public, from operating a	29280
hospital or medical facility in violation of any rules adopted	29281
under this section. Irrespective of any other remedy the director	29282
may have in law or equity the court has jurisdiction to grant such	29283
injunctive relief upon a showing that the respondent named in the	29284
petition is operating in violation of such rules.	29285

Sec. 3701.503. As used in sections 3701.504 to 3701.509 of	29286
the Revised Code:	29287

(A) "Parent" means either parent, unless the parents are	29288
separated or divorced or their marriage has been dissolved or	29289
annulled, in which case "parent" means the parent who is the	29290
residential parent and legal custodian.	29291

(B) "Guardian" has the same meaning as in section 2111.01 of	29292
the Revised Code.	29293

(C) "Custodian" means, except as used in division (A) of this	29294
section, a government agency or an individual, other than the	29295
parent or guardian, with legal or permanent custody of a child as	29296
defined in section 2151.011 of the Revised Code.	29297

(D) "Hearing screening" means the identification of newborns	29298
and infants who may have a hearing impairment, through the use of	29299
a physiologic test.	29300

(E) "Hearing evaluation" means evaluation through the use of	29301
audiological procedures by an audiologist or physician.	29302

(F) "Hearing impairment" means a loss of hearing in one or	29303
both ears in the frequency region important for speech recognition	29304
and comprehension.	29305

(G) "Newborn" means a child who is less than thirty days old.

29306

(H) "Infant" means a child who is at least thirty days but	29307
less than twenty-four months old.	29308

(I) "Freestanding birthing center" has the same meaning as in	29309
section ~~3702.51~~3702.141 of the Revised Code.	29310

(J) "Physician" means an individual authorized under Chapter	29311
4731. of the Revised Code to practice medicine and surgery or	29312
osteopathic medicine and surgery.	29313

(K) "Audiologist" means an individual authorized under	29314
section 4753.07 of the Revised Code to practice audiology.	29315

(L) "Hospital" means a hospital that has a maternity unit or	29316
newborn nursery.	29317

(M) "Maternity unit" means any unit or place in a hospital	29318
where women are regularly received and provided care during all or	29319
part of the maternity cycle, except that "maternity unit" does not	29320
include an emergency department or similar place dedicated to	29321
providing emergency health care.	29322

(N) "Board of health" means the board of health of a city or	29323
general health district or the authority having the duties of a	29324
board of health under section 3709.05 of the Revised Code.	29325

Sec. 3701.507. (A) To assist in implementing sections	29326
3701.503 to 3701.509 of the Revised Code, the medically	29327
handicapped children's medical advisory council created in section	29328
3701.025 of the Revised Code shall appoint a permanent infant	29329
hearing screening subcommittee. The subcommittee shall consist of	29330
the following members:	29331

(1) One otolaryngologist;

29332

(2) One neonatologist;

29333

(3) One pediatrician;

29334

(4) One neurologist;

29335

(5) One hospital administrator;

29336

(6) Two or more audiologists who are experienced in infant	29337
hearing screening and evaluation;	29338

(7) One speech-language pathologist licensed under section	29339
4753.07 of the Revised Code;	29340

(8) Two persons who are each a parent of a hearing-impaired	29341
child;	29342

(9) One geneticist;

29343

(10) One epidemiologist;

29344

(11) One adult who is deaf or hearing impaired;

29345

(12) One representative from an organization for the deaf or	29346
hearing impaired;	29347

(13) One family advocate;

29348

(14) One nurse from a well-baby neonatal nursery;

29349

(15) One nurse from a special care neonatal nursery;

29350

(16) One teacher of the deaf who works with infants and	29351
toddlers;	29352

(17) One representative of the health insurance industry;

29353

(18) One representative of the bureau for children with	29354
medical handicaps;	29355

(19) One representative of the department of education;

29356

(20) One representative of the Ohio department of job and	29357
family services who has responsibilities regarding medicaid;	29358

(21) Any other person the advisory council appoints.

29359

(B) The infant hearing subcommittee shall:

29360

(1) Consult with the director of health regarding the	29361
administration of sections 3701.503 to 3701.509 of the Revised	29362
Code;	29363

(2) Advise and make recommendations regarding proposed rules	29364
prior to their adoption by the ~~public health council~~director	29365
under section 3701.508 of the Revised Code;	29366

(3) Consult with the director of health and advise and make	29367
recommendations regarding program development and implementation	29368
under sections 3701.503 to 3701.509 of the Revised Code, including	29369
all of the following:	29370

(a) Establishment under section 3701.504 of the Revised Code	29371
of the statewide hearing screening, tracking, and early	29372
intervention program to identify newborn and infant hearing	29373
impairment;	29374

(b) Identification of locations where hearing evaluations may	29375
be conducted;	29376

(c) Recommendations for methods and techniques of hearing	29377
screening and hearing evaluation;	29378

(d) Referral, data recording and compilation, and procedures	29379
to encourage follow-up hearing care;	29380

(e) Maintenance of a register of newborns and infants who do	29381
not pass the hearing screening;	29382

(f) Preparation of the information required by section	29383
3701.506 of the Revised Code ~~and any other information the public~~	29384
~~health council requires the department of health to provide~~.	29385

Sec. 3701.508. (A) The ~~public~~director of health ~~council~~	29386
shall adopt rules governing the statewide hearing screening,	29387
tracking, and early intervention program established under section	29388
3701.504 of the Revised Code, including rules that do all of the	29389
following:	29390

(1) Specify how hospitals and freestanding birthing centers	29391
are to comply with the requirements of section 3701.505 of the	29392
Revised Code, including methods to be used for hearing screening,	29393
except that with regard to the physiologic equipment to be used	29394
for hearing screening, the rules may require only that the	29395
equipment be capable of giving reliable results and may not	29396
specify particular equipment or a particular type of equipment;	29397

(2) Provide that no newborn or infant shall be required to	29398
undergo a hearing screening if the parent, guardian, or custodian	29399
of the newborn or infant objects on the grounds that the screening	29400
conflicts with the parent's, guardian's, or custodian's religious	29401
tenets and practices;	29402

(3) Provide for situations in which the parent, guardian, or	29403
custodian of a newborn or infant objects to a hearing screening	29404
for reasons other than religious tenets and practices;	29405

(4) Specify how the department of health will determine	29406
whether a person is financially unable to pay for a hearing	29407
screening and define "third-party payer" for the purpose of	29408
reimbursement of hearing screening by the department under section	29409
3701.505 of the Revised Code;	29410

(5) Specify an inexpensive and efficient format and	29411
procedures for the submission of hearing screening information	29412
from hospitals and freestanding birthing centers to the department	29413
of health;	29414

(6) Specify a procedure whereby the department may conduct	29415
timely reviews of hearing screening information submissions for	29416
purposes of quality assurance, training, and disease prevention	29417
and control;	29418

(7) Specify any additional information that hospitals and	29419
freestanding birthing centers are to provide to the medically	29420
handicapped children's medical advisory council's infant hearing	29421
screening subcommittee under section 3701.509 of the Revised Code.	29422

(B) In addition to the rules adopted under division (A) of	29423
this section, the ~~council~~director shall adopt rules that specify	29424
the training that must be completed by persons who will conduct	29425
hearing screenings. In adopting these rules, the ~~council~~director	29426
shall consider incorporating cost-saving training methods,	29427
including computer-assisted learning and on-site training. Neither	29428
the rules nor the director of health may establish a minimum	29429
educational level for persons conducting hearing screenings.	29430

(C) All rules adopted under this section shall be adopted in	29431
accordance with Chapter 119. of the Revised Code and shall be	29432
adopted so as to take effect not later than six months after ~~the~~	29433
~~effective date of this section~~August 1, 2002.	29434

Sec. 3701.509. (A) The department of health shall develop a	29435
mechanism to analyze and interpret the hearing screening	29436
information to be reported under division (B) of this section. The	29437
department shall notify all hospitals and freestanding birthing	29438
centers subject to the reporting requirements of the date the	29439
department anticipates that the mechanism will be complete. After	29440
the mechanism is complete, the department shall notify each	29441
hospital and freestanding birthing center subject to the reporting	29442
requirement of the date by which the hospital or center must	29443
submit its first report.	29444

(B) Subject to division (A) of this section and in accordance	29445
with rules adopted by the ~~public~~director of health ~~council~~ under	29446
section 3701.508 of the Revised Code, each hospital and	29447
freestanding birthing center that has conducted a hearing	29448
screening required by section 3701.505 of the Revised Code shall	29449
provide to the department of health for use by the medically	29450
handicapped children's medical advisory council's infant hearing	29451
screening subcommittee information specifying all of the	29452
following:	29453

(1) The number of newborns born in the hospital or	29454
freestanding birthing center and the number of newborns and	29455
infants not screened because they were transferred to another	29456
hospital;	29457

(2) The number of newborns and infants referred to the	29458
hospital or freestanding birthing center for a hearing screening	29459
and the number of those newborns and infants who received a	29460
hearing screening;	29461

(3) The number of newborns and infants who did not pass the	29462
hearing screenings conducted by the hospital or freestanding	29463
birthing center;	29464

(4) Any other information concerning the program established	29465
under section 3701.504 of the Revised Code.	29466

(C) The department of health shall conduct a timely review of	29467
the information submitted by hospitals and freestanding birthing	29468
centers in accordance with rules adopted by the ~~public health~~	29469
~~council~~director under section 3701.508 of the Revised Code.	29470

(D) The infant hearing screening subcommittee, with the	29471
support of the department of health, shall compile and summarize	29472
the information submitted to the department by hospitals and	29473
freestanding birthing centers under division (B) of this section.	29474
Beginning with the first year after the mechanism developed under	29475
division (A) of this section is complete, the subcommittee shall	29476
annually prepare and transmit a report to the director of health,	29477
the speaker of the house of representatives, and the president of	29478
the senate. The council shall make the report available to the	29479
public.	29480

(E) The department and all members of the subcommittee shall	29481
maintain the confidentiality of patient-identifying information	29482
submitted under division (B) of this section and section 3701.505	29483
of the Revised Code. The information is not a public record under	29484
section 149.43 of the Revised Code, except to the extent that the	29485
information is used in preparing reports under this section.	29486

Nothing in this division prohibits the department from	29487
providing patient-identifying information to other entities as it	29488
considers necessary to implement the statewide tracking and early	29489
intervention components of the program established under section	29490
3701.504 of the Revised Code. Any entity that receives	29491
patient-identifying information from the department shall maintain	29492
the confidentiality of the information.	29493

Sec. 3701.57. All prosecutions and proceedings by the	29494
department of health for the violation of sections 3701.01 to	29495
3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07	29496
to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of	29497
the Revised Code, or for the violation of any of the orders or	29498
rules of the department, shall be instituted by the director of	29499
health. Except as provided in division (C) of section 3701.571 of	29500
the Revised Code, all fines or judgments the department collects	29501
shall be paid into the state treasury to the credit of the general	29502
revenue fund.	29503

The director of health, the board of health of a general or	29504
city health district, or any person charged with enforcing the	29505
rules of the department of health as provided in section 3701.56	29506
of the Revised Code may petition the court of common pleas for	29507
injunctive or other appropriate relief requiring any person	29508
violating a rule adopted by ~~the public health council under~~	29509
~~section 3701.34 of the Revised Code~~ or any order issued by the	29510
director of health under this chapter to comply with such rule or	29511
order. The court of common pleas of the county in which the	29512
offense is alleged to be occurring may grant such injunctive or	29513
other appropriate relief as the equities of the case require.	29514

Sec. 3701.63. (A) As used in this section and section 3701.64	29515
of the Revised Code:	29516

(1) "Child day-care center," "type A family day-care home,"	29517
and "certified type B family day-care home" have the same meanings	29518
as in section 5104.01 of the Revised Code.	29519

(2) "Child care facility" means a child day-care center, a	29520
type A family day-care home, or a certified type B family day-care	29521
home.	29522

(3) "Freestanding birthing center" has the same meaning as in	29523
section ~~3702.51~~3702.141 of the Revised Code.	29524

(4) "Hospital" means a hospital classified pursuant to rules	29525
adopted under section 3701.07 of the Revised Code as a general	29526
hospital or children's hospital.	29527

(5) "Maternity unit" means any unit or place in a hospital	29528
where women are regularly received and provided care during all or	29529
part of the maternity cycle, except that "maternity unit" does not	29530
include an emergency department or similar place dedicated to	29531
providing emergency health care.	29532

(6) "Parent" means either parent, unless the parents are	29533
separated or divorced or their marriage has been dissolved or	29534
annulled, in which case "parent" means the parent who is the	29535
residential parent and legal custodian of the child. "Parent" also	29536
means a prospective adoptive parent with whom a child is placed.	29537

(7) "Shaken Baby Syndrome" means signs and symptoms,	29538
including, but not limited to, retinal hemorrhages in one or both	29539
eyes, subdural hematoma, or brain swelling, resulting from the	29540
violent shaking or the shaking and impacting of the head of an	29541
infant or small child.	29542

(B) The director of health shall establish the shaken baby	29543
syndrome education program by doing all of the following:	29544

(1) By not later than one year after February 29, 2008,	29545
developing educational materials that present readily	29546
comprehendible information on shaken baby syndrome;	29547

(2) Making available on the department of health web site in	29548
an easily accessible format the educational materials developed	29549
under division (B)(1) of this section;	29550

(3) Beginning in 2009, annually assessing the effectiveness	29551
of the shaken baby syndrome education program by evaluating the	29552
reports received pursuant to section 5101.135 of the Revised Code.	29553

(C) In meeting the requirements under division (B) of this	29554
section, the director shall not develop educational materials that	29555
will impose an administrative or financial burden on any of the	29556
entities or persons listed in section 3701.64 of the Revised Code.	29557

Sec. 3701.74. (A) As used in this section and section	29558
3701.741 of the Revised Code:	29559

(1) "Ambulatory care facility" means a facility that provides	29560
medical, diagnostic, or surgical treatment to patients who do not	29561
require hospitalization, including a dialysis center, ambulatory	29562
surgical facility, cardiac catheterization facility, diagnostic	29563
imaging center, extracorporeal shock wave lithotripsy center, home	29564
health agency, inpatient hospice, birthing center, radiation	29565
therapy center, emergency facility, and an urgent care center.	29566
"Ambulatory care facility" does not include the private office of	29567
a physician or dentist, whether the office is for an individual or	29568
group practice.	29569

(2) "Chiropractor" means an individual licensed under Chapter	29570
4734. of the Revised Code to practice chiropractic.	29571

(3) "Emergency facility" means a hospital emergency	29572
department or any other facility that provides emergency medical	29573
services.	29574

(4) "Health care practitioner" means all of the following:

29575

(a) A dentist or dental hygienist licensed under Chapter	29576
4715. of the Revised Code;	29577

(b) A registered or licensed practical nurse licensed under	29578
Chapter 4723. of the Revised Code;	29579

(c) An optometrist licensed under Chapter 4725. of the	29580
Revised Code;	29581

(d) A dispensing optician, spectacle dispensing optician,	29582
contact lens dispensing optician, or spectacle-contact lens	29583
dispensing optician licensed under Chapter 4725. of the Revised	29584
Code;	29585

(e) A pharmacist licensed under Chapter 4729. of the Revised	29586
Code;	29587

(f) A physician;

29588

(g) A physician assistant authorized under Chapter 4730. of	29589
the Revised Code to practice as a physician assistant;	29590

(h) A practitioner of a limited branch of medicine issued a	29591
certificate under Chapter 4731. of the Revised Code;	29592

(i) A psychologist licensed under Chapter 4732. of the	29593
Revised Code;	29594

(j) A chiropractor;

29595

(k) A hearing aid dealer or fitter licensed under Chapter	29596
4747. of the Revised Code;	29597

(l) A speech-language pathologist or audiologist licensed	29598
under Chapter 4753. of the Revised Code;	29599

(m) An occupational therapist or occupational therapy	29600
assistant licensed under Chapter 4755. of the Revised Code;	29601

(n) A physical therapist or physical therapy assistant	29602
licensed under Chapter 4755. of the Revised Code;	29603

(o) A professional clinical counselor, professional	29604
counselor, social worker, or independent social worker licensed,	29605
or a social work assistant registered, under Chapter 4757. of the	29606
Revised Code;	29607

(p) A dietitian licensed under Chapter 4759. of the Revised	29608
Code;	29609

(q) A respiratory care professional licensed under Chapter	29610
4761. of the Revised Code;	29611

(r) An emergency medical technician-basic, emergency medical	29612
technician-intermediate, or emergency medical technician-paramedic	29613
certified under Chapter 4765. of the Revised Code.	29614

(5) "Health care provider" means a hospital, ambulatory care	29615
facility, long-term care facility, pharmacy, emergency facility,	29616
or health care practitioner.	29617

(6) "Hospital" has the same meaning as in section 3727.01 of	29618
the Revised Code.	29619

(7) "Long-term care facility" means a nursing home,	29620
residential care facility, or home for the aging, as those terms	29621
are defined in section 3721.01 of the Revised Code; ~~an adult care~~	29622
a residential facility~~, as defined in~~licensed under section	29623
~~5119.70~~5119.22 of the Revised Code that provides accommodations,	29624
supervision, and personal care services for three to sixteen	29625
unrelated adults; a nursing facility or intermediate care facility	29626
for the mentally retarded, as those terms are defined in section	29627
5111.20 of the Revised Code; a facility or portion of a facility	29628
certified as a skilled nursing facility under Title XVIII of the	29629
"Social Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as	29630
amended.	29631

(8) "Medical record" means data in any form that pertains to	29632
a patient's medical history, diagnosis, prognosis, or medical	29633
condition and that is generated and maintained by a health care	29634
provider in the process of the patient's health care treatment.	29635

(9) "Medical records company" means a person who stores,	29636
locates, or copies medical records for a health care provider, or	29637
is compensated for doing so by a health care provider, and charges	29638
a fee for providing medical records to a patient or patient's	29639
representative.	29640

(10) "Patient" means either of the following:

29641

(a) An individual who received health care treatment from a	29642
health care provider;	29643

(b) A guardian, as defined in section 1337.11 of the Revised	29644
Code, of an individual described in division (A)(10)(a) of this	29645
section.	29646

(11) "Patient's personal representative" means a minor	29647
patient's parent or other person acting in loco parentis, a	29648
court-appointed guardian, or a person with durable power of	29649
attorney for health care for a patient, the executor or	29650
administrator of the patient's estate, or the person responsible	29651
for the patient's estate if it is not to be probated. "Patient's	29652
personal representative" does not include an insurer authorized	29653
under Title XXXIX of the Revised Code to do the business of	29654
sickness and accident insurance in this state, a health insuring	29655
corporation holding a certificate of authority under Chapter 1751.	29656
of the Revised Code, or any other person not named in this	29657
division.	29658

(12) "Pharmacy" has the same meaning as in section 4729.01 of	29659
the Revised Code.	29660

(13) "Physician" means a person authorized under Chapter	29661
4731. of the Revised Code to practice medicine and surgery,	29662
osteopathic medicine and surgery, or podiatric medicine and	29663
surgery.	29664

(14) "Authorized person" means a person to whom a patient has	29665
given written authorization to act on the patient's behalf	29666
regarding the patient's medical record.	29667

(B) A patient, a patient's personal representative or an	29668
authorized person who wishes to examine or obtain a copy of part	29669
or all of a medical record shall submit to the health care	29670
provider a written request signed by the patient, personal	29671
representative, or authorized person dated not more than one year	29672
before the date on which it is submitted. The request shall	29673
indicate whether the copy is to be sent to the requestor,	29674
physician or chiropractor, or held for the requestor at the office	29675
of the health care provider. Within a reasonable time after	29676
receiving a request that meets the requirements of this division	29677
and includes sufficient information to identify the record	29678
requested, a health care provider that has the patient's medical	29679
records shall permit the patient to examine the record during	29680
regular business hours without charge or, on request, shall	29681
provide a copy of the record in accordance with section 3701.741	29682
of the Revised Code, except that if a physician or chiropractor	29683
who has treated the patient determines for clearly stated	29684
treatment reasons that disclosure of the requested record is	29685
likely to have an adverse effect on the patient, the health care	29686
provider shall provide the record to a physician or chiropractor	29687
designated by the patient. The health care provider shall take	29688
reasonable steps to establish the identity of the person making	29689
the request to examine or obtain a copy of the patient's record.	29690

(C) If a health care provider fails to furnish a medical	29691
record as required by division (B) of this section, the patient,	29692
personal representative, or authorized person who requested the	29693
record may bring a civil action to enforce the patient's right of	29694
access to the record.	29695

(D)(1) This section does not apply to medical records whose	29696
release is covered by section 173.20 or 3721.13 of the Revised	29697
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	29698
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	29699
Records," or by 42 C.F.R. 483.10.	29700

(2) Nothing in this section is intended to supersede the	29701
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	29702
and 2305.252 of the Revised Code.	29703

Sec. 3701.87. The governor may authorize the department of	29704
health to enter into an agreement on behalf of the state with the	29705
United States secretary of health~~, education,~~ and ~~welfare~~human	29706
services whereby the department may serve as the agency for review	29707
of proposed capital expenditures by health care facilities	29708
pursuant to section 1122 of the "Social Security Act" as amended	29709
by Public Law 92-603, 42 U.S.C. 1320a-1, and the regulations	29710
adopted thereunder. Such agreement shall be subject to and include	29711
the following terms and conditions:	29712

(A) All applications, notices, requests for information, and	29713
other official communications shall be on written forms prescribed	29714
by and approved by the director of health ~~and approved by the~~	29715
~~public health council~~.	29716

(B) The ~~council~~director, subject to Chapter 119. of the	29717
Revised Code, shall propose, modify, amend, and adopt rules,	29718
standards, guidelines, and official policies which are consistent	29719
with federal law, as it deems necessary to implement the capital	29720
expenditures review program.	29721

(C) The director shall make all findings and recommendations	29722
required by federal law and shall give due consideration to the	29723
findings, reviews, and comments of areawide health planning	29724
agencies performing reviews pursuant to section 314 (b)(2) of the	29725
"Public Health Service Act," 42 U.S.C. 246, or the appropriate	29726
health systems agency.	29727

(D) The findings and recommendations of the director shall be	29728
in writing and shall clearly specify the provisions of the state	29729
health facilities plan with which any application is found to be	29730
inconsistent. Any applicant adversely affected by the findings and	29731
recommendations of the director may request a hearing before the	29732
~~council~~director pursuant to Chapter 119. of the Revised Code. The	29733
findings and recommendations of the ~~council~~director are an	29734
adjudication as defined in Chapter 119. of the Revised Code and	29735
may be appealed as provided in that chapter.	29736

Sec. 3701.881. (A) As used in this section:

29737

(1) "Applicant" means ~~both of the following:~~

29738

~~(a) A~~a person who is under final consideration for	29739
~~appointment to or~~ employment with a home health agency in a	29740
~~position as a person responsible for the care, custody, or control~~	29741
~~of a child;~~	29742

~~(b) A person who is under final consideration for employment~~	29743
~~with a home health agency in a~~ full-time, part-time, or temporary	29744
position that involves providing direct care to an ~~older adult~~	29745
individual or is referred to a home health agency by an employment	29746
service for such a position. ~~With regard to persons providing~~	29747
~~direct care to older adults, "applicant" does not include a person~~	29748
~~who provides direct care as a volunteer without receiving or~~	29749
~~expecting to receive any form of remuneration other than~~	29750
~~reimbursement for actual expenses.~~	29751

(2) "Criminal records check" ~~and "older adult" have~~has the	29752
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	29753

(3) "Direct care" means any of the following:

29754

(a) Any service identified in divisions (A)(6)(a) to (f) of	29755
this section that is provided in a patient's place of residence	29756
used as the patient's home;	29757

(b) Any activity that requires the person performing the	29758
activity to be routinely alone with a patient or to routinely have	29759
access to a patient's personal property or financial documents	29760
regarding a patient;	29761

(c) For each home health agency individually, any other	29762
routine service or activity that the chief administrator of the	29763
home health agency designates as direct care.	29764

(4) "Disqualifying offense" means any of the following:

29765

(a) One or more violations of section 959.13, 2903.01,	29766
2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13,	29767
2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341,	29768
2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03,	29769
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,	29770
2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321,	29771
2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22,	29772
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	29773
2913.02, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32,	29774
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	29775
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,	29776
2917.03, 2917.12, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22,	29777
2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21,	29778
2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12,	29779
2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32,	29780
2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,	29781
2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	29782
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	29783

(b) One or more violations of felonious sexual penetration	29784
under former section 2907.12 of the Revised Code;	29785

(c) One or more violations of section 2905.04 of the Revised	29786
Code as it existed prior to July 1, 1996;	29787

(d) One violation of section 2925.11 of the Revised Code when	29788
the violation is not a minor drug possession offense;	29789

(e) Two or more violations of section 2925.11 of the Revised	29790
Code, regardless of whether any of the violations are a minor drug	29791
possession offense;	29792

(f) One or more violations of section 2923.01, 2923.02, or	29793
2923.03 of the Revised Code when the underlying offense that is	29794
the object of the conspiracy, attempt, or complicity is one of the	29795
offenses listed in divisions (A)(3)(a) to (e) of this section;	29796

(g) One or more violations of an existing or former municipal	29797
ordinance or law of this state, any other state, or the United	29798
States that is substantially equivalent to any of the offenses	29799
listed in divisions (A)(3)(a) to (f) of this section.	29800

(5) "Employee" means a person employed by a home health	29801
agency in a full-time, part-time, or temporary position that	29802
involves providing direct care to an individual and a person who	29803
works in such a position due to being referred to a home health	29804
agency by an employment service.	29805

(6) "Home health agency" means a person or government entity,	29806
other than a nursing home, residential care facility, or hospice	29807
care program, that has the primary function of providing any of	29808
the following services to a patient at a place of residence used	29809
as the patient's home:	29810

(a) Skilled nursing care;

29811

(b) Physical therapy;

29812

29813

(d) Occupational therapy;

29814

(e) Medical social services;

29815

(f) Home health aide services.

29816

~~(4)~~(7) "Home health aide services" means any of the following	29817
services provided by an ~~individual employed with or contracted for~~	29818
byemployee of a home health agency:	29819

(a) Hands-on bathing or assistance with a tub bath or shower;

29820

(b) Assistance with dressing, ambulation, and toileting;

29821

29822

(d) Meal preparation and feeding.

29823

~~(5)~~(8) "Hospice care program" has the same meaning as in	29824
section 3712.01 of the Revised Code.	29825

~~(6)~~(9) "Medical social services" means services provided by a	29826
social worker under the direction of a patient's attending	29827
physician.	29828

~~(7)~~(10) "Minor drug possession offense" has the same meaning	29829
as in section 2925.01 of the Revised Code.	29830

~~(8)~~(11) "Nursing home," "residential care facility," and	29831
"skilled nursing care" have the same meanings as in section	29832
3721.01 of the Revised Code.	29833

~~(9)~~(12) "Occupational therapy" has the same meaning as in	29834
section 4755.04 of the Revised Code.	29835

~~(10)~~(13) "Physical therapy" has the same meaning as in	29836
section 4755.40 of the Revised Code.	29837

~~(11)~~(14) "Social worker" means a person licensed under	29838
Chapter 4757. of the Revised Code to practice as a social worker	29839
or independent social worker.	29840

~~(12)~~(15) "Speech-language pathology" has the same meaning as	29841
in section 4753.01 of the Revised Code.	29842

(B) No home health agency shall employ an applicant or	29843
continue to employ an employee in a position that involves	29844
providing direct care to an individual if any of the following	29845
apply:	29846

(1) A review of the databases listed in division (D) of this	29847
section reveals any of the following:	29848

(a) That the applicant or employee is included in one or more	29849
of the databases listed in divisions (D)(1) to (5) of this	29850
section;	29851

(b) That there is in the state nurse aide registry	29852
established under section 3721.32 of the Revised Code a statement	29853
detailing findings by the director of health that the applicant or	29854
employee neglected or abused a long-term care facility or	29855
residential care facility resident or misappropriated property of	29856
such a resident;	29857

(c) That the applicant or employee is included in one or more	29858
of the databases, if any, specified in rules adopted under this	29859
section and the rules prohibit the home health agency from	29860
employing an applicant or continuing to employ an employee	29861
included in such a database in a position that involves providing	29862
direct care to an individual.	29863

(2) After the applicant or employee is provided, pursuant to	29864
division (E)(2)(a) of this section, a copy of the form prescribed	29865
pursuant to division (C)(1) of section 109.572 of the Revised Code	29866
and the standard impression sheet prescribed pursuant to division	29867
(C)(2) of that section, the applicant or employee fails to	29868
complete the form or provide the applicant's or employee's	29869
fingerprint impressions on the standard impression sheet.	29870

(3) Except as provided in rules adopted under this section,	29871
the applicant or employee is found by a criminal records check	29872
required by this section to have been convicted of, pleaded guilty	29873
to, or been found eligible for intervention in lieu of conviction	29874
for a disqualifying offense.	29875

(C) Except as provided by division (F) of this section, the	29876
chief administrator of a home health agency shall inform each	29877
applicant of both of the following at the time of the applicant's	29878
initial application for employment or referral to the home health	29879
agency by an employment service for a position that involves	29880
providing direct care to an individual:	29881

(1) That a review of the databases listed in division (D) of	29882
this section will be conducted to determine whether the home	29883
health agency is prohibited by division (B)(1) of this section	29884
from employing the applicant in the position;	29885

(2) That, unless the database review reveals that the	29886
applicant may not be employed in the position, a criminal records	29887
check of the applicant will be conducted and the applicant is	29888
required to provide a set of the applicant's fingerprint	29889
impressions as part of the criminal records check.	29890

(D) As a condition of employing any applicant in a position	29891
that involves providing direct care to an individual, the chief	29892
administrator of a home health agency shall conduct a database	29893
review of the applicant in accordance with rules adopted under	29894
this section. If rules adopted under this section so require, the	29895
chief administrator of a home health agency shall conduct a	29896
database review of an employee in accordance with the rules as a	29897
condition of continuing to employ the employee in a position that	29898
involves providing direct care to an individual. However, the	29899
chief administrator is not required to conduct a database review	29900
of an applicant or employee if division (F) of this section	29901
applies. A database review shall determine whether the applicant	29902
or employee is included in any of the following:	29903

(1) The excluded parties list system maintained by the United	29904
States general services administration pursuant to subpart 9.4 of	29905
the federal acquisition regulation;	29906

(2) The list of excluded individuals and entities maintained	29907
by the office of inspector general in the United States department	29908
of health and human services pursuant to section 1128 of the	29909
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	29910
amended, and section 1156 of the "Social Security Act," 96 Stat.	29911
388 (1982), 42 U.S.C. 1320c-5, as amended;	29912

(3) The registry of MR/DD employees established under section	29913
5123.52 of the Revised Code;	29914

(4) The internet-based sex offender and child-victim offender	29915
database established under division (A)(11) of section 2950.13 of	29916
the Revised Code;	29917

(5) The internet-based database of inmates established under	29918
section 5120.66 of the Revised Code;	29919

(6) The state nurse aide registry established under section	29920
3721.32 of the Revised Code;	29921

(7) Any other database, if any, specified in rules adopted	29922
under this section.	29923

(E)(1) ~~Except as provided in division (I) of this section~~As	29924
a condition of employing any applicant in a position that involves	29925
providing direct care to an individual, the chief administrator of	29926
a home health agency shall request the superintendent of the	29927
bureau of criminal identification and investigation to conduct a	29928
criminal records check ~~with respect to each~~of the applicant. If	29929
~~the position may involve both responsibility for the care,~~	29930
~~custody, or control of a child and provision of direct care to an~~	29931
~~older adult, the chief administrator shall request that the~~	29932
~~superintendent conduct a single criminal records check for the~~	29933
~~applicant.~~If rules adopted under this section so require, the	29934
chief administrator of a home health agency shall request the	29935
superintendent to conduct a criminal records check of an employee	29936
at times specified in the rules as a condition of continuing to	29937
employ the employee in a position that involves providing direct	29938
care to an individual. However, the chief administrator is not	29939
required to request the criminal records check of the applicant or	29940
the employee if division (F) of this section applies or the home	29941
health agency is prohibited by division (B)(1) of this section	29942
from employing the applicant or continuing to employ the employee	29943
in a position that involves providing direct care to an	29944
individual. If an applicant or employee for whom a criminal	29945
records check request is required ~~under~~by this ~~division~~section	29946
does not present proof of having been a resident of this state for	29947
the five-year period immediately prior to the date upon which the	29948
criminal records check is requested or does not provide evidence	29949
that within that five-year period the superintendent has requested	29950
information about the applicant from the federal bureau of	29951
investigation in a criminal records check, the chief administrator	29952
shall request that the superintendent obtain information from the	29953
federal bureau of investigation as a part of the criminal records	29954
check ~~for the applicant~~. Even if an applicant or employee for whom	29955
a criminal records check request is required ~~under~~by this	29956
~~division~~section presents proof that the applicant or employee has	29957
been a resident of this state for that five-year period, the chief	29958
administrator may request that the superintendent include	29959
information from the federal bureau of investigation in the	29960
criminal records check.	29961

(2) ~~Any person required by division (B)(1) of this section to~~	29962
~~request a criminal records check~~The chief administrator shall	29963
~~provide~~do all of the following:	29964

(a) Provide to each applicant and employee for whom a	29965
criminal records check request is required ~~under that division~~by	29966
this section a copy of the form prescribed pursuant to division	29967
(C)(1) of section 109.572 of the Revised Code and a standard	29968
impression sheet prescribed pursuant to division (C)(2) of that	29969
section ~~109.572 of the Revised Code, obtain~~;	29970

(b) Obtain the completed form and standard impression sheet	29971
from each applicant, and ~~forward~~employee;	29972

(c) Forward the completed form and standard impression sheet	29973
to the superintendent ~~of the bureau of criminal identification and~~	29974
~~investigation~~ at the time the chief administrator requests athe	29975
criminal records check ~~pursuant to division (B)(1) of this~~	29976
~~section~~.	29977

(3) ~~An applicant who receives pursuant to division (B)(2) of~~	29978
~~this section a copy of the form prescribed pursuant to division~~	29979
~~(C)(1) of section 109.572 of the Revised Code and a copy of an~~	29980
~~impression sheet prescribed pursuant to division (C)(2) of that~~	29981
~~section and who is requested to complete the form and provide a~~	29982
~~set of fingerprint impressions shall complete the form or provide~~	29983
~~all the information necessary to complete the form and shall~~	29984
~~provide the impression sheets with the impressions of the~~	29985
~~applicant's fingerprints. If an applicant, upon request, fails to~~	29986
~~provide the information necessary to complete the form or fails to~~	29987
~~provide fingerprint impressions, the home health agency shall not~~	29988
~~employ that applicant for any position for which a criminal~~	29989
~~records check is required by division (B)(1) of this section.~~	29990

~~(C)(1) Except as provided in rules adopted by the department~~	29991
~~of health in accordance with division (F) of this section and~~	29992
~~subject to division (C)(3) of this section, no home health agency~~	29993
~~shall employ a person as a person responsible for the care,~~	29994
~~custody, or control of a child if the person previously has been~~	29995
~~convicted of or pleaded guilty to any of the following:~~	29996

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	29997
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	29998
~~2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,~~	29999
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,~~	30000
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,~~	30001
~~2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,~~	30002
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,~~	30003
~~2925.06, or 3716.11 of the Revised Code, a violation of section~~	30004
~~2905.04 of the Revised Code as it existed prior to July 1, 1996, a~~	30005
~~violation of section 2919.23 of the Revised Code that would have~~	30006
~~been a violation of section 2905.04 of the Revised Code as it~~	30007
~~existed prior to July 1, 1996, had the violation been committed~~	30008
~~prior to that date, a violation of section 2925.11 of the Revised~~	30009
~~Code that is not a minor drug possession offense, or felonious~~	30010
~~sexual penetration in violation of former section 2907.12 of the~~	30011
~~Revised Code;~~	30012

~~(b) A violation of an existing or former law of this state,~~	30013
~~any other state, or the United States that is substantially~~	30014
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	30015
~~this section.~~	30016

~~(2) Except as provided in rules adopted by the department of~~	30017
~~health in accordance with division (F) of this section and subject~~	30018
~~to division (C)(3) of this section, no home health agency shall~~	30019
~~employ a person in a position that involves providing direct care~~	30020
~~to an older adult if the person previously has been convicted of~~	30021
~~or pleaded guilty to any of the following:~~	30022

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	30023
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	30024
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	30025
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	30026
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	30027
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	30028
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	30029
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	30030
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	30031

~~(b) A violation of an existing or former law of this state,~~	30032
~~any other state, or the United States that is substantially~~	30033
~~equivalent to any of the offenses listed in division (C)(2)(a) of~~	30034
~~this section.~~	30035

~~(3)(a)~~A home health agency shall pay to the bureau of	30036
criminal identification and investigation the fee prescribed	30037
pursuant to division (C)(3) of section 109.572 of the Revised Code	30038
for each criminal records check the agency requests under this	30039
section. A home health agency may charge an applicant a fee not	30040
exceeding the amount the agency pays to the bureau under this	30041
section if both of the following apply:	30042

(a) The home health agency notifies the applicant at the time	30043
of initial application for employment of the amount of the fee and	30044
that, unless the fee is paid, the applicant will not be considered	30045
for employment.	30046

(b) The medicaid program established under Chapter 5111. of	30047
the Revised Code does not reimburse the home health agency for the	30048
fee it pays to the bureau under this section.	30049

(F) Divisions (C) to (E) of this section do not apply with	30050
regard to an applicant or employee if the applicant or employee is	30051
referred to a home health agency by an employment service that	30052
supplies full-time, part-time, or temporary staff for positions	30053
that involve providing direct care to an individual and both of	30054
the following apply:	30055

(1) The chief administrator of the home health agency	30056
receives from the employment service confirmation that a review of	30057
the databases listed in division (D) of this section was conducted	30058
with regard to the applicant or employee.	30059

(2) The chief administrator of the home health agency	30060
receives from the employment service, applicant, or employee a	30061
report of the results of a criminal records check of the applicant	30062
or employee that has been conducted by the superintendent within	30063
the one-year period immediately preceding the following:	30064

(a) In the case of an applicant, the date of the applicant's	30065
referral by the employment service to the home health agency;	30066

(b) In the case of an employee, the date by which the home	30067
health agency would otherwise have to request a criminal records	30068
check of the employee under division (E) of this section.	30069

(G)(1) A home health agency may employ conditionally an	30070
applicant for whom a criminal records check request is required	30071
~~under division (B) of~~by this section ~~as a person responsible for~~	30072
~~the care, custody, or control of a child until the criminal~~	30073
~~records check regarding the applicant required by this section is~~	30074
~~completed and the agency receives~~before obtaining the results of	30075
the criminal records check if the agency is not prohibited by	30076
division (B) of this section from employing the applicant in a	30077
position that involves providing direct care to an individual and	30078
either of the following applies:	30079

(a) The chief administrator of the home health agency	30080
requests the criminal records check in accordance with division	30081
(E) of this section not later than five business days after the	30082
applicant begins conditional employment.	30083

(b) The applicant is referred to the home health agency by an	30084
employment service, the employment service or the applicant	30085
provides the chief administrator of the agency a letter that is on	30086
the letterhead of the employment service, the letter is dated and	30087
signed by a supervisor or another designated official of the	30088
employment service, and the letter states all of the following:	30089

(i) That the employment service has requested the	30090
superintendent to conduct a criminal records check regarding the	30091
applicant;	30092

(ii) That the requested criminal records check is to include	30093
a determination of whether the applicant has been convicted of,	30094
pleaded guilty to, or been found eligible for intervention in lieu	30095
of conviction for a disqualifying offense;	30096

(iii) That the employment service has not received the	30097
results of the criminal records check as of the date set forth on	30098
the letter;	30099

(iv) That the employment service promptly will send a copy of	30100
the results of the criminal records check to the chief	30101
administrator of the home health agency when the employment	30102
service receives the results.	30103

(2) If a home health agency employs an applicant	30104
conditionally pursuant to division (G)(1)(b) of this section, the	30105
employment service, on its receipt of the results of the criminal	30106
records check, promptly shall send a copy of the results to the	30107
chief administrator of the agency. ~~If the results of the criminal~~	30108
~~records check indicate that, pursuant to division (C)(1) of this~~	30109
~~section, the applicant does not qualify for employment, the agency~~	30110
~~shall release the applicant from employment unless the agency~~	30111
~~chooses to employ the applicant pursuant to division (F) of this~~	30112
~~section.~~	30113

~~(b)(i) A home health agency may employ conditionally an~~	30114
~~applicant for whom a criminal records check request is required~~	30115
~~under division (B) of this section in a position that involves~~	30116
~~providing direct care to an older adult or in a position that~~	30117
~~involves both responsibility for the care, custody, and control of~~	30118
~~a child and the provision of direct care to older adults prior to~~	30119
~~obtaining the results of a criminal records check regarding the~~	30120
~~individual, provided that the agency shall request a criminal~~	30121
~~records check regarding the individual in accordance with division~~	30122
~~(B)(1) of this section not later than five business days after the~~	30123
~~individual begins conditional employment. In the circumstances~~	30124
~~described in division (I)(2) of this section, a home health agency~~	30125
~~may employ conditionally in a position that involves providing~~	30126
~~direct care to an older adult an applicant who has been referred~~	30127
~~to the home health agency by an employment service that supplies~~	30128
~~full-time, part-time, or temporary staff for positions involving~~	30129
~~the direct care of older adults and for whom, pursuant to that~~	30130
~~division, a criminal records check is not required under division~~	30131
~~(B) of this section. In the circumstances described in division~~	30132
~~(I)(4) of this section, a home health agency may employ~~	30133
~~conditionally in a position that involves both responsibility for~~	30134
~~the care, custody, and control of a child and the provision of~~	30135
~~direct care to older adults an applicant who has been referred to~~	30136
~~the home health agency by an employment service that supplies~~	30137
~~full-time, part-time, or temporary staff for positions involving~~	30138
~~both responsibility for the care, custody, and control of a child~~	30139
~~and the provision of direct care to older adults and for whom,~~	30140
~~pursuant to that division, a criminal records check is not~~	30141
~~required under division (B) of this section.~~	30142

~~(ii)~~(3) A home health agency that employs an ~~individual~~	30143
applicant conditionally ~~under authority of~~pursuant to division	30144
~~(C)(3)(b)(i)~~(G)(1)(a) or (b) of this section shall terminate the	30145
~~individual's~~applicant's employment if the results of the criminal	30146
records check ~~requested under division (B)(1) of this section or~~	30147
~~described in division (I)(2) or (4) of this section~~, other than	30148
the results of any request for information from the federal bureau	30149
of investigation, are not obtained within the period ending thirty	30150
days after the date the request for the criminal records check is	30151
made. Regardless of when the results of the criminal records check	30152
are obtained, if the ~~individual was employed conditionally in a~~	30153
~~position that involves the provision of direct care to older~~	30154
~~adults and the~~ results indicate that the ~~individual~~applicant has	30155
been convicted of or, pleaded guilty to ~~any of the offenses listed~~	30156
~~or described in division (C)(2) of this section, or if the~~	30157
~~individual was employed conditionally in a position that involves~~	30158
~~both responsibility for the care, custody, and control of a child~~	30159
~~and the provision of direct care to older adults and the results~~	30160
~~indicate that the individual has been convicted of or pleaded~~	30161
~~guilty to any of the offenses listed or described in division~~	30162
~~(C)(1) or (2) of this section~~, or been found eligible for	30163
intervention in lieu of conviction for a disqualifying offense,	30164
the home health agency shall terminate the ~~individual's~~	30165
applicant's employment unless circumstances specified in rules	30166
adopted under this section that permit the agency to employ the	30167
applicant exist and the agency chooses to employ the ~~individual~~	30168
~~pursuant to division (F) of this section~~applicant. Termination of	30169
employment under this division shall be considered just cause for	30170
discharge for purposes of division (D)(2) of section 4141.29 of	30171
the Revised Code if the ~~individual~~applicant makes any attempt to	30172
deceive the home health agency about the ~~individual's~~applicant's	30173
criminal record.	30174

~~(D)(1) Each home health agency shall pay to the bureau of~~	30175
~~criminal identification and investigation the fee prescribed~~	30176
~~pursuant to division (C)(3) of section 109.572 of the Revised Code~~	30177
~~for each criminal records check conducted in accordance with that~~	30178
~~section upon the request pursuant to division (B)(1) of this~~	30179
~~section of the chief administrator of the home health agency.~~	30180

~~(2) A home health agency may charge an applicant a fee for~~	30181
~~the costs it incurs in obtaining a criminal records check under~~	30182
~~this section, unless the medical assistance program established~~	30183
~~under Chapter 5111. of the Revised Code reimburses the agency for~~	30184
~~the costs. A fee charged under division (D)(2) of this section~~	30185
~~shall not exceed the amount of fees the agency pays under division~~	30186
~~(D)(1) of this section. If a fee is charged under division (D)(2)~~	30187
~~of this section, the agency shall notify the applicant at the time~~	30188
~~of the applicant's initial application for employment of the~~	30189
~~amount of the fee and that, unless the fee is paid, the agency~~	30190
~~will not consider the applicant for employment.~~	30191

~~(E)~~(H) The report of any criminal records check conducted by	30192
the bureau of criminal identification and investigation in	30193
accordance with section 109.572 of the Revised Code and pursuant	30194
to a request made under ~~division (B)(1) of~~ this section is not a	30195
public record for the purposes of section 149.43 of the Revised	30196
Code and shall not be made available to any person other than the	30197
following:	30198

(1) The ~~individual~~applicant or employee who is the subject	30199
of the criminal records check or the ~~individual's~~applicant's or	30200
employee's representative;	30201

(2) The home health agency requesting the criminal records	30202
check or its representative;	30203

(3) The administrator of any other facility, agency, or	30204
program that provides direct care to ~~older adults~~individuals that	30205
is owned or operated by the same entity that owns or operates the	30206
home health agency that requested the criminal records check;	30207

(4) The employment service that requested the criminal	30208
records check;	30209

(5) Any court, hearing officer, or other necessary individual	30210
involved in a case dealing with aany of the following:	30211

(a) A denial of employment of the applicant or ~~dealing with~~	30212
~~employment~~employee;	30213

(b) Employment or unemployment benefits of the applicant or	30214
employee;	30215

~~(5) Any person to whom the report is provided pursuant to,~~	30216
~~and in accordance with, division (I)(1), (2), (3), or (4) of this~~	30217
~~section~~(c) A civil or criminal action regarding the medicaid	30218
program.	30219

~~(F) The department of health shall adopt rules in accordance~~	30220
~~with Chapter 119. of the Revised Code to implement this section.~~	30221
~~The rules shall specify circumstances under which the home health~~	30222
~~agency may employ a person who has been convicted of or pleaded~~	30223
~~guilty to an offense listed or described in division (C)(1) of~~	30224
~~this section but who meets standards in regard to rehabilitation~~	30225
~~set by the department or employ a person who has been convicted of~~	30226
~~or pleaded guilty to an offense listed or described in division~~	30227
~~(C)(2) of this section but meets personal character standards set~~	30228
~~by the department.~~	30229

~~(G) Any person required by division (B)(1) of this section to~~	30230
~~request a criminal records check shall inform each person, at the~~	30231
~~time of initial application for employment that the person is~~	30232
~~required to provide a set of fingerprint impressions and that a~~	30233
~~criminal records check is required to be conducted and~~	30234
~~satisfactorily completed in accordance with section 109.572 of the~~	30235
~~Revised Code if the person comes under final consideration for~~	30236
~~appointment or employment as a precondition to employment for that~~	30237
~~position.~~	30238

~~(H)~~(I) In a tort or other civil action for damages that is	30239
brought as the result of an injury, death, or loss to person or	30240
property caused by an ~~individual~~applicant or employee who a home	30241
health agency employs in a position that involves providing direct	30242
care to ~~older adults~~an individual, all of the following shall	30243
apply:	30244

(1) If the home health agency employed the ~~individual~~	30245
applicant or employee in good faith and reasonable reliance on the	30246
report of a criminal records check requested under this section,	30247
the agency shall not be found negligent solely because of its	30248
reliance on the report, even if the information in the report is	30249
determined later to have been incomplete or inaccurate;.	30250

(2) If the home health agency employed the ~~individual~~	30251
applicant in good faith on a conditional basis pursuant to	30252
division ~~(C)(3)(b)~~(G) of this section, the agency shall not be	30253
found negligent solely because it employed the ~~individual~~	30254
applicant prior to receiving the report of a criminal records	30255
check requested under this section;.	30256

(3) If the home health agency in good faith employed the	30257
~~individual~~applicant or employee according to the personal	30258
character standards established in rules adopted under ~~division~~	30259
~~(F) of~~ this section, the agency shall not be found negligent	30260
solely because the ~~individual prior to being employed~~applicant or	30261
employee had been convicted of or, pleaded guilty to an, or been	30262
found eligible for intervention in lieu of conviction for a	30263
disqualifying offense ~~listed or described in division (C)(1) or~~	30264
~~(2) of this section~~.	30265

~~(I)(1) The chief administrator of a home health agency is not~~	30266
~~required to request that the superintendent of the bureau of~~	30267
~~criminal identification and investigation conduct a criminal~~	30268
~~records check of an applicant for a position that involves the~~	30269
~~provision of direct care to older adults if the applicant has been~~	30270
~~referred to the agency by an employment service that supplies~~	30271
~~full-time, part-time, or temporary staff for positions involving~~	30272
~~the direct care of older adults and both of the following apply:~~	30273

~~(a) The chief administrator receives from the employment~~	30274
~~service or the applicant a report of the results of a criminal~~	30275
~~records check regarding the applicant that has been conducted by~~	30276
~~the superintendent within the one-year period immediately~~	30277
~~preceding the applicant's referral;~~	30278

~~(b) The report of the criminal records check demonstrates~~	30279
~~that the person has not been convicted of or pleaded guilty to an~~	30280
~~offense listed or described in division (C)(2) of this section, or~~	30281
~~the report demonstrates that the person has been convicted of or~~	30282
~~pleaded guilty to one or more of those offenses, but the home~~	30283
~~health agency chooses to employ the individual pursuant to~~	30284
~~division (F) of this section.~~	30285

~~(2) The chief administrator of a home health agency is not~~	30286
~~required to request that the superintendent of the bureau of~~	30287
~~criminal identification and investigation conduct a criminal~~	30288
~~records check of an applicant for a position that involves~~	30289
~~providing direct care to older adults and may employ the applicant~~	30290
~~conditionally in a position of that nature as described in this~~	30291
~~division, if the applicant has been referred to the agency by an~~	30292
~~employment service that supplies full-time, part-time, or~~	30293
~~temporary staff for positions involving the direct care of older~~	30294
~~adults and if the chief administrator receives from the employment~~	30295
~~service or the applicant a letter from the employment service that~~	30296
~~is on the letterhead of the employment service, dated, and signed~~	30297
~~by a supervisor or another designated official of the employment~~	30298
~~service and that states that the employment service has requested~~	30299
~~the superintendent to conduct a criminal records check regarding~~	30300
~~the applicant, that the requested criminal records check will~~	30301
~~include a determination of whether the applicant has been~~	30302
~~convicted of or pleaded guilty to any offense listed or described~~	30303
~~in division (C)(2) of this section, that, as of the date set forth~~	30304
~~on the letter, the employment service had not received the results~~	30305
~~of the criminal records check, and that, when the employment~~	30306
~~service receives the results of the criminal records check, it~~	30307
~~promptly will send a copy of the results to the home health~~	30308
~~agency. If a home health agency employs an applicant conditionally~~	30309
~~in accordance with this division, the employment service, upon its~~	30310
~~receipt of the results of the criminal records check, promptly~~	30311
~~shall send a copy of the results to the home health agency, and~~	30312
~~division (C)(3)(b) of this section applies regarding the~~	30313
~~conditional employment.~~	30314

~~(3) The chief administrator of a home health agency is not~~	30315
~~required to request that the superintendent of the bureau of~~	30316
~~criminal identification and investigation conduct a criminal~~	30317
~~records check of an applicant for a position that involves both~~	30318
~~responsibility for the care, custody, and control of a child and~~	30319
~~the provision of direct care to older adults if the applicant has~~	30320
~~been referred to the agency by an employment service that supplies~~	30321
~~full-time, part-time, or temporary staff for positions involving~~	30322
~~both responsibility for the care, custody, and control of a child~~	30323
~~and the provision of direct care to older adults and both of the~~	30324
~~following apply:~~	30325

~~(a) The chief administrator receives from the employment~~	30326
~~service or applicant a report of a criminal records check of the~~	30327
~~type described in division (I)(1)(a) of this section;~~	30328

~~(b) The report of the criminal records check demonstrates~~	30329
~~that the person has not been convicted of or pleaded guilty to an~~	30330
~~offense listed or described in division (C)(1) or (2) of this~~	30331
~~section, or the report demonstrates that the person has been~~	30332
~~convicted of or pleaded guilty to one or more of those offenses,~~	30333
~~but the home health agency chooses to employ the individual~~	30334
~~pursuant to division (F) of this section.~~	30335

~~(4) The chief administrator of a home health agency is not~~	30336
~~required to request that the superintendent of the bureau of~~	30337
~~criminal identification and investigation conduct a criminal~~	30338
~~records check of an applicant for a position that involves both~~	30339
~~responsibility for the care, custody, and control of a child and~~	30340
~~the provision of direct care to older adults and may employ the~~	30341
~~applicant conditionally in a position of that nature as described~~	30342
~~in this division, if the applicant has been referred to the agency~~	30343
~~by an employment service that supplies full-time, part-time, or~~	30344
~~temporary staff for positions involving both responsibility for~~	30345
~~the care, custody, and control of a child and the direct care of~~	30346
~~older adults and if the chief administrator receives from the~~	30347
~~employment service or the applicant a letter from the employment~~	30348
~~service that is on the letterhead of the employment service,~~	30349
~~dated, and signed by a supervisor or another designated official~~	30350
~~of the employment service and that states that the employment~~	30351
~~service has requested the superintendent to conduct a criminal~~	30352
~~records check regarding the applicant, that the requested criminal~~	30353
~~records check will include a determination of whether the~~	30354
~~applicant has been convicted of or pleaded guilty to any offense~~	30355
~~listed or described in division (C)(1) or (2) of this section,~~	30356
~~that, as of the date set forth on the letter, the employment~~	30357
~~service had not received the results of the criminal records~~	30358
~~check, and that, when the employment service receives the results~~	30359
~~of the criminal records check, it promptly will send a copy of the~~	30360
~~results to the home health agency. If a home health agency employs~~	30361
~~an applicant conditionally in accordance with this division, the~~	30362
~~employment service, upon its receipt of the results of the~~	30363
~~criminal records check, promptly shall send a copy of the results~~	30364
~~to the home health agency, and division (C)(3)(b) of this section~~	30365
~~applies regarding the conditional employment.~~	30366

(J) The director of health shall adopt rules in accordance	30367
with Chapter 119. of the Revised Code to implement this section.	30368

(1) The rules may do the following:

30369

(a) Require employees to undergo database reviews and	30370
criminal records checks under this section;	30371

(b) If the rules require employees to undergo database	30372
reviews and criminal records checks under this section, exempt one	30373
or more classes of employees from the requirements;	30374

(c) For the purpose of division (D)(7) of this section,	30375
specify other databases that are to be checked as part of a	30376
database review conducted under this section.	30377

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

30378

(a) The procedures for conducting database reviews under this	30379
section;	30380

(b) If the rules require employees to undergo database	30381
reviews and criminal records checks under this section, the times	30382
at which the database reviews and criminal records checks are to	30383
be conducted;	30384

(c) If the rules specify other databases to be checked as	30385
part of the database reviews, the circumstances under which a home	30386
health agency is prohibited from employing an applicant or	30387
continuing to employ an employee who is found by a database review	30388
to be included in one or more of those databases;	30389

(d) Circumstances under which a home health agency may employ	30390
an applicant or employee who is found by a criminal records check	30391
required by this section to have been convicted of, pleaded guilty	30392
to, or been found eligible for intervention in lieu of conviction	30393
for a disqualifying offense but meets personal character	30394
standards.	30395

~~Sec. 185.01.~~ Sec. 3701.92. As used in ~~this chapter~~sections	30396
3701.921 to 3701.929 of the Revised Code:	30397

(A) "Advanced practice nurse" has the same meaning as in	30398
section 4723.01 of the Revised Code.	30399

(B) ~~"Collaboration" has the same meaning as in section~~	30400
~~4723.01 of the Revised Code.~~	30401

~~(C)~~ "Patient centered medical home education advisory group"	30402
means the entity established under section ~~185.03~~3701.924 of the	30403
Revised Code ~~to implement and administer the patient centered~~	30404
~~medical home education pilot project~~.	30405

(D) "Patient centered medical home education program" means	30406
the program established under section 3701.921 of the Revised Code	30407
and any pilot projects operated pursuant to that section.	30408

(E) "Patient centered medical home education pilot project"	30409
means the pilot project established under section ~~185.02~~3701.923	30410
of the Revised Code.	30411

(F) "Physician assistant" has the same meaning as in section	30412
4730.01 of the Revised Code.	30413

Sec. 3701.921. There is hereby established the patient	30414
centered medical home education program in the department of	30415
health. For the purpose of advancing education in the patient	30416
centered medical home model of care, the director of health may	30417
implement and administer the program pursuant to sections 3701.922	30418
to 3701.929 of the Revised Code. The patient centered medical home	30419
model of care is an enhanced model of primary care in which care	30420
teams attend to the multifaceted needs of patients, providing	30421
whole person comprehensive and coordinate patient centered care.	30422

To the extent that funds are available, the program shall	30423
include the patient centered medical home education pilot project	30424
and may include any other pilot projects the director establishes	30425
pursuant to division (A)(3) of section 3701.922 of the Revised	30426
Code.	30427

Sec. 3701.922. (A) The director of health may do any of the	30428
following to implement and administer the patient centered medical	30429
home education program:	30430

(1) Develop and implement programs of education or training	30431
on the patient centered medical home model of care or other	30432
similar enhanced models of coordinated patient centered care that	30433
are intended to address the multifaceted needs of patients and	30434
provide whole person comprehensive and coordinated patient	30435
centered care;	30436

(2) Advise, consult, cooperate with, and assist, by contract	30437
or other arrangement, government agencies or institutions or	30438
private organizations, corporations, or associations in the	30439
development and promotion of programs pertaining to the evaluation	30440
and implementation of the patient centered medical home model of	30441
care or other similar enhanced models of coordinated patient	30442
centered care;	30443

(3) Establish pilot projects that do any of the following:

30444

(a) Evaluate or implement the patient centered medical home	30445
model of care or other similar enhanced models of coordinated	30446
patient centered care;	30447

(b) Provide education or training on the patient centered	30448
medical home model of care or other similar enhanced models of	30449
coordinated patient centered care.	30450

(4) Seek and administer state funds or grants from other	30451
sources to carry out any functions of the patient centered medical	30452
home education program.	30453

Any funds or grants received by the director for purposes of	30454
the program shall be used for the program.	30455

(B) The director may adopt rules as necessary to implement	30456
and administer the patient centered medical home education	30457
program, including rules that define what constitutes a "patient	30458
centered medical home" for purposes of an entity authorized to	30459
provide care coordination services. The rules shall be adopted in	30460
accordance with Chapter 119. of the Revised Code.	30461

~~Sec. 185.02.~~ Sec. 3701.923. (A) ~~There is hereby established the~~	30462
~~patient centered medical home education pilot project. The pilot~~	30463
~~project shall be implemented and administered by the patient~~	30464
~~centered medical home education advisory group.~~	30465

~~(B) The pilot project shall be operated to advance medical~~	30466
~~education in the patient centered medical home model of care. The~~	30467
~~patient centered medical home model of care is an enhanced model~~	30468
~~of primary care in which care teams attend to the multifaceted~~	30469
~~needs of patients, providing whole person comprehensive and~~	30470
~~coordinated patient centered care.~~	30471

~~(C)~~To the extent that funds are available, the director of	30472
health shall establish the patient centered medical home education	30473
pilot project. If the director establishes the project, all of the	30474
following apply:	30475

(1) The director shall select practices led by physicians and	30476
primary care practices led by advanced practice nurses to	30477
participate in the project. The director may consider the	30478
recommendations of the advisory group made in accordance with	30479
section 3701.925 of the Revised Code, but may not select a	30480
practice unless the practice complies with any applicable	30481
requirements under section 3701.926 of the Revised Code.	30482

(2) The director shall conduct the project in a manner that	30483
advances education in the patient centered medical home model of	30484
care.	30485

(3) The director shall evaluate all of the following:

30486

(a) Learning opportunities generated by the project;

30487

(b) Training of physicians and advanced practice nurses under	30488
the project;	30489

30490

(d) The extent to which the project met the expected outcomes	30491
developed under division (A) of section 3701.924 of the Revised	30492
Code.	30493

(4) The director shall assess and review results of the	30494
project.	30495

(5) The director shall recommend best practices and	30496
opportunities for improving technology, education, comprehensive	30497
training, consultation, and technical assistance for health care	30498
service providers in the patient centered medical home model of	30499
care.	30500

(B) The director may contract with an entity that has	30501
significant experience in assisting physician-led practices and	30502
advanced practice nurse-led primary care practices in	30503
transitioning to the patient centered medical home model of care.	30504
The contract shall require the entity to do both of the following:	30505

(1) Provide, to each practice that enters into a contract	30506
with the director pursuant to section 3701.927 of the Revised	30507
Code, comprehensive training, consultation, and technical	30508
assistance in the operation of a patient centered medical home,	30509
including assistance with leadership training, scheduling changes,	30510
staff support, and care management for chronic health conditions;	30511

(2) Assist the director in identifying necessary financial	30512
and operational requirements and any barriers or challenges	30513
associated with transitioning to a patient centered medical home	30514
model of care.	30515

(C) The project established under this section shall begin	30516
not later than the date the first practice enters into a contract	30517
with the director pursuant to section 3701.927 of the Revised Code	30518
and shall cease not later than the date the final report is	30519
submitted pursuant to division (B)(3) of section 3701.929 of the	30520
Revised Code.	30521

(D) The ~~pilot~~ project shall not be operated in a manner that	30522
requires a patient, unless otherwise required by the Revised Code,	30523
to receive a referral from a physician in a practice selected for	30524
inclusion in the pilot project under division (A)(1) of this	30525
section ~~185.05 of the Revised Code~~ as a condition of being	30526
authorized to receive specialized health care services from an	30527
individual licensed or certified under Title XLVII of the Revised	30528
Code to provide those services.	30529

~~Sec. 185.03.~~ Sec. 3701.924. (A) The patient centered medical home	30530
education advisory group is hereby created for the purpose of	30531
~~implementing and administering~~advising the director of health on	30532
the implementation and administration of the patient centered	30533
medical home ~~pilot project~~education program. The advisory group	30534
shall develop and provide to the director a set of expected	30535
outcomes for the pilot project. The advisory group shall consider	30536
and provide other recommendations to the director and complete	30537
other duties as the director considers appropriate.	30538

(B) The advisory group shall consist of the following ~~voting~~	30539
members:	30540

(1) The following members appointed by the director of	30541
health:	30542

~~(1)~~(a) One individual with expertise in the training and	30543
education of primary care physicians ~~who is appointed~~recommended	30544
by the dean of the university of Toledo college of medicine;	30545

~~(2)~~(b) One individual with expertise in the training and	30546
education of primary care physicians ~~who is appointed~~recommended	30547
by the dean of the Boonshoft school of medicine at Wright state	30548
university;	30549

~~(3)~~(c) One individual with expertise in the training and	30550
education of primary care physicians ~~who is appointed~~recommended	30551
by the president and dean of the northeast Ohio medical	30552
university;	30553

~~(4)~~(d) One individual with expertise in the training and	30554
education of primary care physicians ~~who is appointed~~recommended	30555
by the dean of the Ohio university college of osteopathic	30556
medicine;	30557

~~(5)~~(e) Two individuals ~~appointed~~recommended by the governing	30558
board of the Ohio academy of family physicians;	30559

~~(6)~~(f) One individual ~~appointed~~recommended by the governing	30560
board of the Ohio chapter of the American college of physicians;	30561

~~(7)~~(g) One individual ~~appointed~~recommended by the governing	30562
board of the Ohio chapter of the American academy of pediatrics;	30563

~~(8)~~(h) One individual ~~appointed~~recommended by the governing	30564
board of the Ohio osteopathic association;	30565

~~(9)~~(i) One individual with expertise in the training and	30566
education of advanced practice nurses ~~who is appointed~~,	30567
recommended by the governing board of the Ohio council of deans	30568
and directors of baccalaureate and higher degree programs in	30569
nursing;	30570

~~(10)~~(j) One individual ~~appointed~~recommended by the governing	30571
board of the Ohio nurses association;	30572

~~(11)~~(k) One individual ~~appointed~~recommended by the governing	30573
board of the Ohio association of advanced practice nurses;	30574

~~(12)~~(l) One individual ~~appointed~~recommended by the governing	30575
board of the Ohio council for home care and hospice;	30576

~~(13)~~(m) One individual ~~appointed~~recommended by the	30577
superintendent of insurance;	30578

(n) An employee of the department of health;

30579

(o) Not more than five additional members who have relevant	30580
expertise that the director considers appropriate.	30581

~~(C)~~(2) The ~~advisory group shall consist of the~~ following	30582
~~nonvoting, ex officio~~ members:	30583

~~(1)~~(a) The executive director of the state medical board, or	30584
the director's designee;	30585

~~(2)~~(b) The executive director of the board of nursing or the	30586
director's designee;	30587

~~(3)~~(c) The chancellor of the Ohio board of regents, or the	30588
chancellor's designee;	30589

~~(4)~~(d) The individual within the department of job and family	30590
services who serves as the director of medicaid, or the director's	30591
designee;	30592

~~(5) The director of health or the director's designee~~.

30593

~~(D) Advisory group members who are appointed shall serve at~~	30594
~~the pleasure of their appointing authorities. Terms of office of~~	30595
~~appointed members shall be three years, except that a member's~~	30596
~~term ends if the pilot project ceases operation during the~~	30597
~~member's term.~~	30598

(C)(1) In making the original appointments of the members	30599
specified in divisions (B)(1)(a) to (m) of this section, the	30600
director shall appoint the member who served in that capacity in	30601
the patient centered medical home advisory group, as it existed	30602
immediately prior to the effective date of this section. If for	30603
any reason the member who served immediately prior to the	30604
effective date of this section is unable to serve on the advisory	30605
group, the director shall request from the specified recommending	30606
authority a list of not less than two persons qualified to serve	30607
as members of the advisory group. The director shall appoint as a	30608
member one person from the list submitted by the recommending	30609
authority.	30610

(2) The advisory group members specified in divisions	30611
(B)(1)(a) to (m) of this section shall serve at the pleasure of	30612
the director, in consultation with their respective recommending	30613
authorities.	30614

(3) Vacancies shall be filled in the manner provided for	30615
original appointments.	30616

(D) Members shall serve without compensation, except to the	30617
extent that serving on the advisory group is considered part of	30618
their regular employment duties.	30619

(E) The ~~advisory group shall select~~director may appoint from	30620
~~among its~~the members of the advisory group a chairperson and	30621
vice-chairperson. ~~The advisory group may select any other officers~~	30622
~~it considers necessary to conduct its business.~~	30623

A majority of the members of the advisory group constitutes a	30624
quorum ~~for the transaction of official business~~. A majority of a	30625
quorum is necessary for the advisory group to ~~take any action,~~	30626
~~except that when one or more members of a quorum are required to~~	30627
~~abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)~~	30628
~~of section 185.05 of the Revised Code, the number of members~~	30629
~~necessary for a majority of a quorum shall be reduced accordingly~~	30630
make any recommendations to the director.	30631

The advisory group shall meet ~~as necessary to fulfill its~~	30632
~~duties. The times and places for the meetings shall be selected by~~	30633
~~the chairperson~~at the call of the director. The director shall	30634
call the advisory group to meet not less than annually to discuss	30635
or consider recommendations to the director on the administration	30636
of the patient centered medical home education program.	30637

(F) Sections 101.82 to 101.87 of the Revised Code do not	30638
apply to the advisory group.	30639

~~Sec. 185.05.~~ Sec. 3701.925. (A) The patient centered medical home	30640
education advisory group shall accept applications for inclusion	30641
in the patient centered medical home education pilot project from	30642
primary care practices with educational affiliations, as	30643
determined by the advisory group, with one or more of the	30644
following:	30645

(1) The Boonshoft school of medicine at Wright state	30646
university;	30647

(2) The university of Toledo college of medicine;

30648

(3) The northeast Ohio medical university;

30649

(4) The Ohio university college of osteopathic medicine;

30650

(5) The college of nursing at the university of Toledo;

30651

(6) The Wright state university college of nursing and	30652
health;	30653

(7) The college of nursing at Kent state university;

30654

(8) The university of Akron college of nursing;

30655

(9) The school of nursing at Ohio university.

30656

(B)(1) Subject to division (C)(1) of this section, the	30657
advisory group shall ~~select~~recommend to the director of health	30658
for inclusion in the pilot project not ~~more~~less than the	30659
following number of ~~physician~~ practices led by physicians:	30660

(a) Ten practices affiliated with the Boonshoft school of	30661
medicine at Wright state university;	30662

(b) Ten practices affiliated with the university of Toledo	30663
college of medicine;	30664

(c) Ten practices affiliated with the northeast Ohio medical	30665
university;	30666

(d) Ten practices affiliated with the centers for osteopathic	30667
research and education of the Ohio university college of	30668
osteopathic medicine.	30669

(2) Subject to division (C)(2) of this section, the advisory	30670
group shall ~~select~~recommend to the director of health for	30671
inclusion in the pilot project not less than the following number	30672
of ~~advanced practice nurse~~ primary care practices led by advanced	30673
practice nurses:	30674

(a) One practice affiliated with the college of nursing at	30675
the university of Toledo;	30676

(b) One practice affiliated with the Wright state university	30677
college of nursing and health;	30678

(c) One practice affiliated with the college of nursing at	30679
Kent state university or the university of Akron college of	30680
nursing;	30681

(d) One practice affiliated with the school of nursing at	30682
Ohio university.	30683

(C)(1) All of the following apply with respect to the	30684
~~selection~~recommendation of ~~physician~~physician-led practices	30685
under division (B) of this section:	30686

(a) The advisory group shall strive to ~~select physician~~	30687
recommend physician-led practices in such a manner that the pilot	30688
project includes a diverse range of primary care specialties,	30689
including practices specializing in pediatrics, geriatrics,	30690
general internal medicine, or family medicine.	30691

(b) When evaluating an application, the advisory group shall	30692
consider the percentage of patients in the ~~physician~~physician-led	30693
practice who are part of a medically underserved population,	30694
including medicaid recipients and individuals without health	30695
insurance.	30696

(c) The advisory group shall ~~select~~recommend not fewer than	30697
six practices that serve rural areas of this state, as those areas	30698
are determined by the advisory group.	30699

(d) A member of the advisory group shall abstain from	30700
participating in any vote taken regarding the ~~selection~~	30701
recommendation of a ~~physician~~physician-led practice if the	30702
member would receive any financial benefit from having the	30703
practice included in the pilot project.	30704

(2) All of the following apply with respect to the ~~selection~~	30705
recommendation of advanced practice ~~nurse~~nurse-led primary care	30706
practices under division (B) of this section:	30707

(a) When evaluating an application, the advisory group shall	30708
consider the percentage of patients in the advanced practice ~~nurse~~	30709
nurse-led primary care practice who are part of a medically	30710
underserved population, including medicaid recipients and	30711
individuals without health insurance.	30712

(b) If the advisory group determines that it has not received	30713
an application from a sufficiently qualified advanced practice	30714
~~nurse~~nurse-led primary care practice affiliated with a particular	30715
institution specified in division (B)(2) of this section, the	30716
advisory group shall make the ~~selections~~recommendations required	30717
under that division in such a manner that the greatest possible	30718
number of those institutions are ~~represented~~recommended to be	30719
included in the pilot project. To be ~~selected~~recommended in this	30720
manner, a practice remains subject to the eligibility requirements	30721
specified in division (B) of section ~~185.06~~3701.926 of the	30722
Revised Code. As specified in division (B)(2) of this section, the	30723
number of practices ~~selected~~recommended for inclusion in the	30724
pilot project shall be at least four.	30725

(c) A member of the advisory group shall abstain from	30726
participating in any vote taken regarding the ~~selection~~	30727
recommendation of an advanced practice ~~nurse~~nurse-led primary	30728
care practice if the member would receive any financial benefit	30729
from having the practice included in the pilot project.	30730

(D) The advisory group shall provide a copy of all	30731
applications received under this section to the director of health	30732
after making recommendations under division (B)(1) of this	30733
section.	30734

~~Sec. 185.06.~~ Sec. 3701.926. (A) To be eligible for inclusion in the	30735
patient centered medical home education pilot project, a ~~physician~~	30736
physician-led practice shall meet all of the following	30737
requirements:	30738

(1) Consist of physicians who are board-certified in family	30739
medicine, general pediatrics, or internal medicine, as those	30740
designations are issued by a medical specialty certifying board	30741
recognized by the American board of medical specialties or	30742
American osteopathic association;	30743

(2) Be capable of adapting the practice during the period in	30744
which the practice ~~receives funding from~~participates in the	30745
patient centered medical home education ~~advisory group~~pilot	30746
project in such a manner that the practice is fully compliant with	30747
the minimum standards for operation of a patient centered medical	30748
home, as those standards are established by the ~~advisory group~~	30749
director of health;	30750

(3) Have submitted an application to participate in the	30751
project established under former section 185.05 of the Revised	30752
Code not later than April 15, 2011.	30753

(4) Meet any other criteria established by the ~~advisory group~~	30754
director as part of the selection process.	30755

(B) To be eligible for inclusion in the pilot project, an	30756
advanced practice ~~nurse~~nurse-led primary care practice shall meet	30757
all of the following requirements:	30758

(1) Consist of advanced practice nurses ~~who meet~~, each of	30759
whom meets all of the following requirements:	30760

(a) ~~Hold~~Holds a certificate to prescribe issued under	30761
section 4723.48 of the Revised Code;	30762

(b) ~~Are~~Is board-certified as a family nurse practitioner or	30763
adult nurse practitioner by the American academy of nurse	30764
practitioners or American nurses credentialing center,	30765
board-certified as a geriatric nurse practitioner or women's	30766
health nurse practitioner by the American nurses credentialing	30767
center, or is board-certified as a pediatric nurse practitioner by	30768
the American nurses credentialing center or pediatric nursing	30769
certification board;	30770

(c) ~~Has a collaboration agreement~~Collaborates under a	30771
standard care arrangement with a physician with board	30772
certification as specified in division (A)(1) of this section and	30773
who is an active participant on the health care team.	30774

(2) Be capable of adapting the primary care practice during	30775
the period in which the practice ~~receives funding from~~	30776
participates in the ~~advisory group~~project in such a manner that	30777
the practice is fully compliant with the minimum standards for	30778
operation of a patient centered medical home, as those standards	30779
are established by the ~~advisory group~~director;	30780

(3) Have submitted an application to participate in the	30781
project established under former section 185.05 of the Revised	30782
Code not later than April 15, 2011.	30783

(4) Meet any other criteria established by the ~~advisory group~~	30784
director as part of the selection process.	30785

~~Sec. 185.07.~~ Sec. 3701.927. The ~~patient centered medical home~~	30786
~~education advisory group~~director of health shall enter into a	30787
contract with each primary care practice selected by the director	30788
for inclusion in the patient centered medical home education pilot	30789
project. The contract shall specify the terms and conditions for	30790
inclusion in the pilot project, including a requirement that the	30791
practice provide comprehensive, coordinated primary care services	30792
to patients and serve as the patients' medical home. The contract	30793
shall also require the practice to participate in the training of	30794
medical students, advanced practice nursing students, orphysician	30795
assistant students, and primary care medical residents.	30796

The director may include as part of the contract any other	30797
requirements necessary for a practice to be included in the	30798
project, including requirements regarding the number of patients	30799
served who are medicaid recipients and individuals without health	30800
insurance.	30801

~~Sec. 185.09.~~ Sec. 3701.928. (A) The director of health or, at the	30802
director's request, the patient centered medical home education	30803
advisory group ~~shall jointly~~may work with ~~all~~ medical ~~and~~,	30804
nursing, and physician assistant schools or programs in this state	30805
to develop appropriate curricula designed to prepare primary care	30806
physicians ~~and~~, advanced practice nurses, and physician assistants	30807
to practice within the patient centered medical home model of	30808
care. In developing the curricula, the director or advisory group,	30809
~~medical schools, and nursing~~and the schools or programs shall	30810
include all of the following:	30811

(1) Components for use at the medical student, advanced	30812
practice nursing student, physician assistant student, and primary	30813
care resident training levels;	30814

(2) Components that reflect, as appropriate, the special	30815
needs of patients who are part of a medically underserved	30816
population, including medicaid recipients, individuals without	30817
health insurance, individuals with disabilities, individuals with	30818
chronic health conditions, and individuals within racial or ethnic	30819
minority groups;	30820

(3) Components that include training in interdisciplinary	30821
cooperation between physicians ~~and~~, advanced practice nurses, and	30822
physician assistants in the patient centered medical home model of	30823
care, including curricula ensuring that a common conception of a	30824
patient centered medical home model of care is provided to medical	30825
students, advanced practice nurses, physician assistants, and	30826
primary care residents.	30827

(B) The director or advisory group ~~shall~~may work in	30828
association with the medical ~~and~~, nursing, and physician assistant	30829
schools or programs to identify funding sources to ensure that the	30830
curricula developed under division (A) of this section are	30831
accessible to medical students, advanced practice nursing	30832
students, physician assistant students, and primary care	30833
residents. The director or advisory group shall consider	30834
scholarship options or incentives provided to students in addition	30835
to those provided under the choose Ohio first scholarship program	30836
operated under section 3333.61 of the Revised Code.	30837

~~Sec. 185.12.~~ Sec. 3701.929. (A) ~~The patient centered medical home~~	30838
~~education advisory group~~If the director of health establishes the	30839
patient centered medical home education pilot project, the	30840
director shall prepare reports of its findings and recommendations	30841
from the ~~patient centered medical home education~~ pilot project.	30842
Each report shall include an evaluation of the learning	30843
opportunities generated by the pilot project, the physicians and	30844
advanced practice nurses trained in the pilot project, the costs	30845
of the pilot project, and the extent to which the pilot project	30846
has met the set of expected outcomes developed under division (A)	30847
of section ~~185.03~~3701.924 of the Revised Code.	30848

(B) The reports shall be completed in accordance with the	30849
following schedule:	30850

(1) An interim report not later than six months after the	30851
date on which the ~~first funding is released~~last primary care	30852
practice selected to participate in the project enters into a	30853
contract with the department of health pursuant to section ~~185.11~~	30854
3701.927 of the Revised Code;	30855

(2) An update of the interim report not later than one year	30856
after the date ~~on which the first funding is released~~specified	30857
under division (B)(1) of this section;	30858

(3) A final report not later than two years after the date on	30859
~~which the first funding is released~~specified under division	30860
(B)(1) of this section.	30861

(C) The ~~advisory group~~director shall submit each of the	30862
reports to the governor and, in accordance with section 101.68 of	30863
the Revised Code, to the general assembly.	30864

Sec. 3701.93. Subject to available funds, the director of	30865
health shall establish the Ohio violent death reporting system to	30866
collect and maintain information, data, and records regarding	30867
violent deaths in Ohio.	30868

Sec. 3701.931. The Ohio violent death reporting system shall	30869
do all of the following regarding violent death information, data,	30870
and records maintained in the system:	30871

(A) Monitor the incidence and causes of the various types of	30872
violent deaths;	30873

(B) Make appropriate epidemiologic studies of the violent	30874
deaths;	30875

(C) Analyze trends and patterns in, and circumstances related	30876
to, the violent deaths;	30877

(D) With the assistance of the advisory group established	30878
pursuant to section 3701.932 of the Revised Code, recommend	30879
actions to relevant entities to prevent violent deaths and make	30880
any other such recommendations the director determines necessary.	30881

Sec. 3701.932. The director of health shall establish an	30882
advisory group of interested parties and stakeholders to recommend	30883
actions to relevant entities to prevent violent deaths, and make	30884
other recommendations the director determines necessary, in	30885
accordance with division (D) of section 3701.931 of the Revised	30886
Code.	30887

Sec. 3701.933. The data collection model used by the Ohio	30888
violent death reporting system shall follow the data collection	30889
model used by the United States centers for disease control and	30890
prevention national violent death reporting system and any other	30891
data collection model set forth by the director pursuant to	30892
section 3701.934 of the Revised Code.	30893

Sec. 3701.934. The director of health, pursuant to rules	30894
adopted in accordance with Chapter 119. of the Revised Code, shall	30895
do all of the following:	30896

(A) Specify the types of violent deaths that shall be	30897
included in the Ohio violent death reporting system;	30898

(B) Specify the information, data, and records to be	30899
collected for use by the Ohio violent death reporting system;	30900

(C) Specify the sources from which the information, data, and	30901
records are to be collected for use by the Ohio violent death	30902
reporting system;	30903

(D) If determined appropriate by the director, set forth any	30904
other data collection model to be used by the Ohio violent death	30905
reporting system.	30906

Sec. 3701.935. The director of health shall collect	30907
information about violent deaths in Ohio only from existing	30908
sources related to violent crimes and shall not conduct	30909
independent criminal investigations in order to obtain	30910
information, data, or records for use by the Ohio violent death	30911
reporting system.	30912

Sec. 3701.936. At the request of the director of health,	30913
every department, agency, and political subdivision of the state	30914
shall provide information, data, records, and otherwise assist in	30915
the execution of sections 3701.93 to 3701.9314 of the Revised	30916
Code.	30917

Sec. 3701.937. At the request of the director of health, any	30918
individual or entity not specified in section 3701.936 of the	30919
Revised Code, at the individual's or entity's discretion, may	30920
provide information, data, records, and otherwise assist in the	30921
execution of sections 3701.93 to 3701.9314 of the Revised Code.	30922
Any information, data, and records provided to the director by any	30923
other individual or entity shall contain only information, data,	30924
or records that are available or reasonably drawn from any	30925
information, data, and record developed and kept in the normal	30926
course of business.	30927

Sec. 3701.938. Notwithstanding any section of the Revised	30928
Code pertaining to confidentiality, any individual, public social	30929
service agency, or public agency that provides services to	30930
individuals or families, law enforcement agency, coroner, or	30931
public entity that provided services to an individual whose death	30932
is the type of death specified by the director under section	30933
3701.934 of the Revised Code shall provide information, data,	30934
records, and otherwise assist in the execution of sections 3701.93	30935
to 3701.9314 of the Revised Code.	30936

Sec. 3701.9310. Except as otherwise provided in section	30937
3701.9212 of the Revised Code, all of the following are not public	30938
records under section 149.43 of the Revised Code, shall be	30939
confidential, and shall be published only in statistical form:	30940

(A) Information, data, and records collected for use and	30941
maintained by the Ohio violent death reporting system including,	30942
but not limited to, medical records, law enforcement investigative	30943
records, coroner investigative records, laboratory reports, and	30944
other records concerning a decedent;	30945

(B) Work products created in carrying out the purposes of the	30946
Ohio violent death reporting system.	30947

Sec. 3701.9311. Information, data, and records collected for	30948
use and maintained by, and all work products created in carrying	30949
out the purposes of, the Ohio violent death reporting system shall	30950
not be subject to subpoena or discovery while in the possession of	30951
the system or admissible in any criminal or civil proceeding if	30952
obtained through, or from, the system.	30953

Sec. 3701.9312. The director of health, pursuant to rules	30954
adopted in accordance with Chapter 119. of the Revised Code, shall	30955
establish standards and procedures to make available to	30956
researchers confidential information collected by the Ohio violent	30957
death reporting system. Researchers complying with those standards	30958
and procedures also shall comply with the confidentiality	30959
requirements of section 3701.9310 of the Revised Code.	30960

Sec. 3701.9314. The director of health may adopt rules in	30961
accordance with Chapter 119. of the Revised Code necessary to	30962
establish, maintain, and carry out the purposes of the Ohio	30963
violent death reporting system under sections 3701.93 to 3701.9314	30964
of the Revised Code.	30965

Sec. 3702.141. (A) As used in this section:

30966

(1) "Existing health care facility" means a health care	30967
facility that is licensed or otherwise approved to practice in	30968
this state, in accordance with applicable law, is staffed and	30969
equipped to provide health care services, and actively provides	30970
health services or has not been actively providing health services	30971
for less than twelve consecutive months.	30972

(2) "Freestanding birthing center" means any facility in	30973
which deliveries routinely occur, regardless of whether the	30974
facility is located on the campus of another health care facility,	30975
and which is not licensed under Chapter 3711. of the Revised Code	30976
as a level one, two, or three maternity unit or a limited	30977
maternity unit.	30978

(3) "Health care facility" ~~and "health service" have the same~~	30979
~~meanings as in section 3702.51 of the Revised Code~~means:	30980

(a) A hospital registered under section 3701.07 of the	30981
Revised Code;	30982

(b) A nursing home licensed under section 3721.02 of the	30983
Revised Code, or by a political subdivision certified under	30984
section 3721.09 of the Revised Code;	30985

(c) A county home or a county nursing home as defined in	30986
section 5155.31 of the Revised Code that is certified under Title	30987
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	30988
U.S.C.A. 301, as amended;	30989

(d) A freestanding dialysis center;

30990

(e) A freestanding inpatient rehabilitation facility;

30991

(f) An ambulatory surgical facility;

30992

(g) A freestanding cardiac catheterization facility;

30993

(h) A freestanding birthing center;

30994

(i) A freestanding or mobile diagnostic imaging center;

30995

(j) A freestanding radiation therapy center.

30996

A health care facility does not include the offices of	30997
private physicians and dentists whether for individual or group	30998
practice, residential facilities licensed under section 5123.19 of	30999
the Revised Code, or an institution for the sick that is operated	31000
exclusively for patients who use spiritual means for healing and	31001
for whom the acceptance of medical care is inconsistent with their	31002
religious beliefs, accredited by a national accrediting	31003
organization, exempt from federal income taxation under section	31004
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	31005
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	31006
care pursuant to the exemption in division (E) of section 4723.32	31007
of the Revised Code from the licensing requirements of Chapter	31008
4723. of the Revised Code.	31009

(4) "Health service" means a clinically related service, such	31010
as a diagnostic, treatment, rehabilitative, or preventive service.	31011

(B) Section 3702.14 of the Revised Code shall not be	31012
construed to require any existing health care facility that is	31013
conducting an activity specified in section 3702.11 of the Revised	31014
Code, which activity was initiated on or before March 20, 1997, to	31015
alter, upgrade, or otherwise improve the structure or fixtures of	31016
the facility in order to comply with any rule adopted under	31017
section 3702.11 of the Revised Code relating to that activity,	31018
unless one of the following applies:	31019

(1) The facility initiates a construction, renovation, or	31020
reconstruction project that involves a capital expenditure of at	31021
least fifty thousand dollars, not including expenditures for	31022
equipment or staffing or operational costs, and that directly	31023
involves the area in which the existing service is conducted.	31024

(2) The facility initiates another activity specified in	31025
section 3702.11 of the Revised Code.	31026

(3) ~~The facility initiates a service level designation change~~	31027
~~for obstetric and newborn care.~~	31028

~~(4)~~ The facility proposes to add a cardiac catheterization	31029
laboratory to an existing cardiac catheterization service.	31030

~~(5)~~(4) The facility proposes to add an open-heart operating	31031
room to an existing open-heart surgery service.	31032

~~(6)~~(5) The director of health determines, by clear and	31033
convincing evidence, that failure to comply with the rule would	31034
create an imminent risk to the health and welfare of any patient.	31035

(C) If division (B)~~(4)~~(3) or ~~(5)~~(4) of this section applies,	31036
any alteration, upgrade, or other improvement required shall apply	31037
only to the proposed addition to the existing service if the cost	31038
of the addition is less than the capital expenditure threshold set	31039
forth in division (B)(1) of this section.	31040

(D) No person or government entity shall divide or otherwise	31041
segment a construction, renovation, or reconstruction project in	31042
order to evade application of the capital expenditure threshold	31043
set forth in division (B)(1) of this section.	31044

Sec. 3702.31. (A) The quality monitoring and inspection fund	31045
is hereby created in the state treasury. The director of health	31046
shall use the fund to administer and enforce this section and	31047
sections 3702.11 to 3702.20, 3702.30, 3702.301, ~~and~~ 3702.32, and	31048
3702.33 of the Revised Code and rules adopted pursuant to those	31049
sections. The director shall deposit in the fund any moneys	31050
collected pursuant to this section or section 3702.32 of the	31051
Revised Code. All investment earnings of the fund shall be	31052
credited to the fund.	31053

(B) The director of health shall adopt rules pursuant to	31054
Chapter 119. of the Revised Code establishing fees for both of the	31055
following:	31056

(1) Initial and renewal license applications submitted under	31057
section 3702.30 of the Revised Code. The fees established under	31058
division (B)(1) of this section shall not exceed the actual and	31059
necessary costs of performing the activities described in division	31060
(A) of this section.	31061

(2) Inspections conducted under section 3702.15 or 3702.30 of	31062
the Revised Code. The fees established under division (B)(2) of	31063
this section shall not exceed the actual and necessary costs	31064
incurred during an inspection, including any indirect costs	31065
incurred by the department for staff, salary, or other	31066
administrative costs. The director of health shall provide to each	31067
health care facility or provider inspected pursuant to section	31068
3702.15 or 3702.30 of the Revised Code a written statement of the	31069
fee. The statement shall itemize and total the costs incurred.	31070
Within fifteen days after receiving a statement from the director,	31071
the facility or provider shall forward the total amount of the fee	31072
to the director.	31073

(3) The fees described in divisions (B)(1) and (2) of this	31074
section shall meet both of the following requirements:	31075

(a) For each service described in section 3702.11 of the	31076
Revised Code, the fee shall not exceed one thousand seven hundred	31077
fifty dollars annually, except that the total fees charged to a	31078
health care provider under this section shall not exceed five	31079
thousand dollars annually.	31080

(b) The fee shall exclude any costs reimbursable by the	31081
United States centers for medicare and medicaid services as part	31082
of the certification process for the medicare program established	31083
under Title XVIII of the "Social Security Act," 79 Stat. 286	31084
(1935), 42 U.S.C.A. 1395, as amended, and the medicaid program	31085
established under Title XIX of the "Social Security Act," 79 Stat.	31086
286 (1965), 42 U.S.C. 1396.	31087

(4) The director shall not establish a fee for any service	31088
for which a licensure or inspection fee is paid by the health care	31089
provider to a state agency for the same or similar licensure or	31090
inspection.	31091

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	31092
Revised Code:	31093

(A) "Applicant" means any person that submits an application	31094
for a certificate of need and who is designated in the application	31095
as the applicant.	31096

(B) "Person" means any individual, corporation, business	31097
trust, estate, firm, partnership, association, joint stock	31098
company, insurance company, government unit, or other entity.	31099

(C) "Certificate of need" means a written approval granted by	31100
the director of health to an applicant to authorize conducting a	31101
reviewable activity.	31102

(D) "~~Health service~~Service area" means ~~a geographic region~~	31103
~~designated by the director of health under section 3702.58 of the~~	31104
~~Revised Code~~the current and projected primary and secondary	31105
service areas to which the long-term care facility is, or will be,	31106
providing long-term care services.	31107

(E) "~~Health~~Primary service area" means ~~a clinically related~~	31108
~~service, such as a diagnostic, treatment, rehabilitative, or~~	31109
~~preventive service~~the geographic region, usually comprised of the	31110
Ohio zip code in which the long-term care facility is located and	31111
contiguous zip codes, from which approximately seventy-five to	31112
eighty per cent of the facility's residents currently originate or	31113
are expected to originate.	31114

(F) "~~Health~~Secondary service ~~agency~~area" means ~~an agency~~	31115
~~designated to serve a health service area in accordance with~~	31116
~~section 3702.58 of the Revised Code~~the geographic region, usually	31117
comprised of Ohio zip codes not included in the primary service	31118
area, excluding isolated exceptions, from which the facility's	31119
remaining residents currently originate or are expected to	31120
originate.	31121

(G) ~~"Health care facility" means:~~

31122

~~(1) A hospital registered under section 3701.07 of the~~	31123
~~Revised Code;~~	31124

~~(2) A nursing home licensed under section 3721.02 of the~~	31125
~~Revised Code, or by a political subdivision certified under~~	31126
~~section 3721.09 of the Revised Code;~~	31127

~~(3) A county home or a county nursing home as defined in~~	31128
~~section 5155.31 of the Revised Code that is certified under Title~~	31129
~~XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	31130
~~U.S.C.A. 301, as amended;~~	31131

~~(4) A freestanding dialysis center;~~

31132

~~(5) A freestanding inpatient rehabilitation facility;~~

31133

~~(6) An ambulatory surgical facility;~~

31134

~~(7) A freestanding cardiac catheterization facility;~~

31135

~~(8) A freestanding birthing center;~~

31136

~~(9) A freestanding or mobile diagnostic imaging center;~~

31137

~~(10) A freestanding radiation therapy center.~~

31138

~~A health care facility does not include the offices of~~	31139
~~private physicians and dentists whether for individual or group~~	31140
~~practice, residential facilities licensed under section 5123.19 of~~	31141
~~the Revised Code, or an institution for the sick that is operated~~	31142
~~exclusively for patients who use spiritual means for healing and~~	31143
~~for whom the acceptance of medical care is inconsistent with their~~	31144
~~religious beliefs, accredited by a national accrediting~~	31145
~~organization, exempt from federal income taxation under section~~	31146
~~501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26~~	31147
~~U.S.C.A. 1, as amended, and providing twenty-four hour nursing~~	31148
~~care pursuant to the exemption in division (E) of section 4723.32~~	31149
~~of the Revised Code from the licensing requirements of Chapter~~	31150
~~4723. of the Revised Code.~~	31151

~~(H) "Medical equipment" means a single unit of medical~~	31152
~~equipment or a single system of components with related functions~~	31153
~~that is used to provide health services.~~	31154

~~(I)~~ "Third-party payer" means a health insuring corporation	31155
licensed under Chapter 1751. of the Revised Code, a health	31156
maintenance organization as defined in division ~~(K)~~(I) of this	31157
section, an insurance company that issues sickness and accident	31158
insurance in conformity with Chapter 3923. of the Revised Code, a	31159
state-financed health insurance program under Chapter 3701.,	31160
4123., or 5111. of the Revised Code, or any self-insurance plan.	31161

~~(J)~~(H) "Government unit" means the state and any county,	31162
municipal corporation, township, or other political subdivision of	31163
the state, or any department, division, board, or other agency of	31164
the state or a political subdivision.	31165

~~(K)~~(I) "Health maintenance organization" means a public or	31166
private organization organized under the law of any state that is	31167
qualified under section 1310(d) of Title XIII of the "Public	31168
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	31169

~~(L)~~(J) "Existing ~~health~~long-term care facility" means either	31170
of the following:	31171

(1) A ~~health~~long-term care facility that is licensed or	31172
otherwise authorized to operate in this state in accordance with	31173
applicable law, including a county home or a county nursing home	31174
that is certified ~~as of February 1, 2008,~~ under Title XVIII or	31175
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	31176
U.S.C. 301, as amended, is staffed and equipped to provide ~~health~~	31177
long-term care services, and is actively providing ~~health~~	31178
long-term care services;	31179

(2) A ~~health~~long-term care facility that is licensed or	31180
otherwise authorized to operate in this state in accordance with	31181
applicable law, including a county home or a county nursing home	31182
that is certified ~~as of February 1, 2008,~~ under Title XVIII or	31183
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	31184
U.S.C. 301, as amended, or that has beds registered under section	31185
3701.07 of the Revised Code as skilled nursing beds or long-term	31186
care beds and has provided long-term care services for at least	31187
three hundred sixty-five consecutive days within the twenty-four	31188
months immediately preceding the date a certificate of need	31189
application is filed with the director of health.	31190

~~(M)~~(K) "State" means the state of Ohio, including, but not	31191
limited to, the general assembly, the supreme court, the offices	31192
of all elected state officers, and all departments, boards,	31193
offices, commissions, agencies, institutions, and other	31194
instrumentalities of the state of Ohio. "State" does not include	31195
political subdivisions.	31196

~~(N)~~(L) "Political subdivision" means a municipal corporation,	31197
township, county, school district, and all other bodies corporate	31198
and politic responsible for governmental activities only in	31199
geographic areas smaller than that of the state to which the	31200
sovereign immunity of the state attaches.	31201

~~(O)~~(M) "Affected person" means:

31202

(1) An applicant for a certificate of need, including an	31203
applicant whose application was reviewed comparatively with the	31204
application in question;	31205

(2) The person that requested the reviewability ruling in	31206
question;	31207

(3) Any person that resides or regularly uses ~~health~~	31208
long-term care facilities within the ~~geographic~~service area	31209
served or to be served by the ~~health~~long-term care services that	31210
would be provided under the certificate of need or reviewability	31211
ruling in question;	31212

(4) Any ~~health~~long-term care facility that is located in the	31213
~~health~~ service area where the ~~health~~long-term care services would	31214
be provided under the certificate of need or reviewability ruling	31215
in question;	31216

(5) Third-party payers that reimburse ~~health~~long-term care	31217
facilities for services in the ~~health~~ service area where the	31218
~~health~~long-term care services would be provided under the	31219
certificate of need or reviewability ruling in question;.	31220

~~(6) Any other person who testified at a public hearing held~~	31221
~~under division (B) of section 3702.52 of the Revised Code or~~	31222
~~submitted written comments in the course of review of the~~	31223
~~certificate of need application in question.~~	31224

~~(P) "Osteopathic hospital" means a hospital registered under~~	31225
~~section 3701.07 of the Revised Code that advocates osteopathic~~	31226
~~principles and the practice and perpetuation of osteopathic~~	31227
~~medicine by doing any of the following:~~	31228

~~(1) Maintaining a department or service of osteopathic~~	31229
~~medicine or a committee on the utilization of osteopathic~~	31230
~~principles and methods, under the supervision of an osteopathic~~	31231
~~physician;~~	31232

~~(2) Maintaining an active medical staff, the majority of~~	31233
~~which is comprised of osteopathic physicians;~~	31234

~~(3) Maintaining a medical staff executive committee that has~~	31235
~~osteopathic physicians as a majority of its members.~~	31236

~~(Q) "Ambulatory surgical facility" has the same meaning as in~~	31237
~~section 3702.30 of the Revised Code.~~	31238

~~(R) Except as provided in division (S) of this section,~~	31239
~~"reviewable activity" means any of the following activities:~~	31240

~~(1) The establishment, development, or construction of a new~~	31241
~~long-term care facility;~~	31242

~~(2) The replacement of an existing long-term care facility;~~

31243

~~(3) The renovation of a long-term care facility that involves~~	31244
~~a capital expenditure of two million dollars or more, not~~	31245
~~including expenditures for equipment, staffing, or operational~~	31246
~~costs;~~	31247

~~(4) Either of the following changes in long-term care bed~~	31248
~~capacity:~~	31249

~~(a) An increase in bed capacity;~~

31250

~~(b) A relocation of beds from one physical facility or site~~	31251
~~to another, excluding the relocation of beds within a long-term~~	31252
~~care facility or among buildings of a long-term care facility at~~	31253
~~the same site.~~	31254

~~(5) Any change in the health services, bed capacity, or site,~~	31255
~~or any other failure to conduct the reviewable activity in~~	31256
~~substantial accordance with the approved application for which a~~	31257
~~certificate of need concerning long-term care beds was granted, if~~	31258
~~the change is made within five years after the implementation of~~	31259
~~the reviewable activity for which the certificate was granted;~~	31260

~~(6) The expenditure of more than one hundred ten per cent of~~	31261
~~the maximum expenditure specified in a certificate of need~~	31262
~~concerning long-term care beds.~~	31263

~~(S) "Reviewable activity" does not include any of the~~	31264
~~following activities:~~	31265

~~(1) Acquisition of computer hardware or software;~~

31266

~~(2) Acquisition of a telephone system;~~

31267

~~(3) Construction or acquisition of parking facilities;~~

31268

~~(4) Correction of cited deficiencies that are in violation of~~	31269
~~federal, state, or local fire, building, or safety laws and rules~~	31270
~~and that constitute an imminent threat to public health or safety;~~	31271

~~(5) Acquisition of an existing health care facility that does~~	31272
~~not involve a change in the number of the beds, by service, or in~~	31273
~~the number or type of health services;~~	31274

~~(6) Correction of cited deficiencies identified by~~	31275
~~accreditation surveys of the joint commission on accreditation of~~	31276
~~healthcare organizations or of the American osteopathic~~	31277
~~association;~~	31278

~~(7) Acquisition of medical equipment to replace the same or~~	31279
~~similar equipment for which a certificate of need has been issued~~	31280
~~if the replaced equipment is removed from service;~~	31281

~~(8) Mergers, consolidations, or other corporate~~	31282
~~reorganizations of health care facilities that do not involve a~~	31283
~~change in the number of beds, by service, or in the number or type~~	31284
~~of health services;~~	31285

~~(9) Construction, repair, or renovation of bathroom~~	31286
~~facilities;~~	31287

~~(10) Construction of laundry facilities, waste disposal~~	31288
~~facilities, dietary department projects, heating and air~~	31289
~~conditioning projects, administrative offices, and portions of~~	31290
~~medical office buildings used exclusively for physician services;~~	31291

~~(11) Acquisition of medical equipment to conduct research~~	31292
~~required by the United States food and drug administration or~~	31293
~~clinical trials sponsored by the national institute of health. Use~~	31294
~~of medical equipment that was acquired without a certificate of~~	31295
~~need under division (S)(11) of this section and for which~~	31296
~~premarket approval has been granted by the United States food and~~	31297
~~drug administration to provide services for which patients or~~	31298
~~reimbursement entities will be charged shall be a reviewable~~	31299
~~activity.~~	31300

~~(12) Removal of asbestos from a health care facility.~~

31301

~~Only that portion of a project that meets the requirements of~~	31302
~~this division is not a reviewable activity.~~	31303

~~(T) "Small rural hospital" means a hospital that is located~~	31304
~~within a rural area, has fewer than one hundred beds, and to which~~	31305
~~fewer than four thousand persons were admitted during the most~~	31306
~~recent calendar year.~~	31307

~~(U) "Children's hospital" means any of the following:~~

31308

~~(1) A hospital registered under section 3701.07 of the~~	31309
~~Revised Code that provides general pediatric medical and surgical~~	31310
~~care, and in which at least seventy-five per cent of annual~~	31311
~~inpatient discharges for the preceding two calendar years were~~	31312
~~individuals less than eighteen years of age;~~	31313

~~(2) A distinct portion of a hospital registered under section~~	31314
~~3701.07 of the Revised Code that provides general pediatric~~	31315
~~medical and surgical care, has a total of at least one hundred~~	31316
~~fifty registered pediatric special care and pediatric acute care~~	31317
~~beds, and in which at least seventy-five per cent of annual~~	31318
~~inpatient discharges for the preceding two calendar years were~~	31319
~~individuals less than eighteen years of age;~~	31320

~~(3) A distinct portion of a hospital, if the hospital is~~	31321
~~registered under section 3701.07 of the Revised Code as a~~	31322
~~children's hospital and the children's hospital meets all the~~	31323
~~requirements of division (U)(1) of this section.~~	31324

~~(V)~~(N) "Long-term care facility" means any of the following:

31325

(1) A nursing home licensed under section 3721.02 of the	31326
Revised Code or by a political subdivision certified under section	31327
3721.09 of the Revised Code;	31328

(2) The portion of any facility, including a county home or	31329
county nursing home, that is certified as a skilled nursing	31330
facility or a nursing facility under Title XVIII or XIX of the	31331
"Social Security Act";	31332

(3) The portion of any hospital that contains beds registered	31333
under section 3701.07 of the Revised Code as skilled nursing beds	31334
or long-term care beds.	31335

~~(W)~~(O) "Long-term care bed" or "bed" means a bed ~~in a~~	31336
~~long-term care facility~~that is categorized as one of the	31337
following:	31338

(1) A bed that is located in a facility that is a nursing	31339
home licensed under section 3721.02 of the Revised Code or a	31340
facility licensed by a political subdivision certified under	31341
section 3721.09 of the Revised Code and is included in the	31342
authorized maximum licensed capacity of the facility;	31343

(2) A bed that is located in the portion of any facility,	31344
including a county home or county nursing home, that is certified	31345
as a skilled nursing facility under the medicare program or a	31346
nursing facility under the medicaid program and is included in the	31347
authorized maximum certified capacity of that portion of the	31348
facility;	31349

(3) A bed that is registered under section 3701.07 of the	31350
Revised Code as a skilled nursing bed, a long-term care bed, or a	31351
special skilled nursing bed;	31352

(4) A bed in a county home or county nursing home that has	31353
been certified under section 5155.38 of the Revised Code as having	31354
been in operation on July 1, 1993, and is eligible for licensure	31355
as a nursing home bed;	31356

(5) A bed held as an approved bed under a certificate of need	31357
approved by the director.	31358

A bed cannot simultaneously be both a bed described in	31359
division (O)(1), (2), (3), or (4) of this section and a bed	31360
described in division (O)(5) of this section.	31361

~~(X) "Freestanding birthing center" means any facility in~~	31362
~~which deliveries routinely occur, regardless of whether the~~	31363
~~facility is located on the campus of another health care facility,~~	31364
~~and which is not licensed under Chapter 3711. of the Revised Code~~	31365
~~as a level one, two, or three maternity unit or a limited~~	31366
~~maternity unit.~~	31367

~~(Y)(1)~~(P) "Reviewability ruling" means a ruling issued by the	31368
director of health under division (A) of section 3702.52 of the	31369
Revised Code as to whether a particular proposed project is or is	31370
not a reviewable activity.	31371

~~(2) "Nonreviewability ruling" means a ruling issued under~~	31372
~~that division that a particular proposed project is not a~~	31373
~~reviewable activity.~~	31374

~~(Z)(1) "Metropolitan statistical area" means an area of this~~	31375
~~state designated a metropolitan statistical area or primary~~	31376
~~metropolitan statistical area in United States office of~~	31377
~~management and budget bulletin no. 93-17, June 30, 1993, and its~~	31378
~~attachments.~~	31379

~~(2) "Rural area" means any area of this state not located~~	31380
~~within a metropolitan statistical area.~~	31381

~~(AA)~~(Q) "County nursing home" has the same meaning as in	31382
section 5155.31 of the Revised Code.	31383

~~(BB)~~(R) "Principal participant" means both of the following:

31384

(1) A person who has an ownership or controlling interest of	31385
at least five per cent in an applicant, in a ~~health~~long-term care	31386
facility that is the subject of an application for a certificate	31387
of need, or in the owner or operator of the applicant or such a	31388
facility;	31389

(2) An officer, director, trustee, or general partner of an	31390
applicant, of a ~~health~~long-term care facility that is the subject	31391
of an application for a certificate of need, or of the owner or	31392
operator of the applicant or such a facility.	31393

~~(CC)~~(S) "Actual harm but not immediate jeopardy deficiency"	31394
means a deficiency that, under 42 C.F.R. 488.404, either	31395
constitutes a pattern of deficiencies resulting in actual harm	31396
that is not immediate jeopardy or represents widespread	31397
deficiencies resulting in actual harm that is not immediate	31398
jeopardy.	31399

~~(DD)~~(T) "Immediate jeopardy deficiency" means a deficiency	31400
that, under 42 C.F.R. 488.404, either constitutes a pattern of	31401
deficiencies resulting in immediate jeopardy to resident health or	31402
safety or represents widespread deficiencies resulting in	31403
immediate jeopardy to resident health or safety.	31404

(U) "Existing bed" or "existing long-term care bed" means a	31405
bed from an existing long-term care facility, a bed described in	31406
division (O)(5) of this section, or a bed correctly reported as a	31407
long-term care bed pursuant to section 5155.38 of the Revised	31408
Code.	31409

Sec. 3702.511. (A) Except as provided in division (B) of this	31410
section, the following activities are reviewable under sections	31411
3702.51 to 3702.62 of the Revised Code:	31412

(1) Establishment, development, or construction of a new	31413
long-term care facility;	31414

(2) Replacement of an existing long-term care facility;

31415

(3) Renovation of or addition to a long-term care facility	31416
that involves a capital expenditure of two million dollars or	31417
more, not including expenditures for equipment, staffing, or	31418
operational costs;	31419

(4) Either of the following changes in long-term care bed	31420
capacity:	31421

(a) An increase in bed capacity;

31422

(b) A relocation of beds from one physical facility or site	31423
to another, excluding relocation of beds within a long-term care	31424
facility or among buildings of a long-term care facility at the	31425
same site.	31426

(5) Any change in the bed capacity or site, or any other	31427
failure to conduct a reviewable activity in substantial accordance	31428
with the approved application for which a certificate of need	31429
concerning long-term care beds was granted, if the change is made	31430
within five years after the implementation of the reviewable	31431
activity for which the certificate was granted;	31432

(6) Expenditure of more than one hundred ten per cent of the	31433
maximum expenditure specified in a certificate of need concerning	31434
long-term care beds.	31435

(B) The following activities are not subject to review under	31436
sections 3702.51 to 3702.62 of the Revised Code:	31437

(1) Acquisition of computer hardware or software;

31438

(2) Acquisition of a telephone system;

31439

(3) Construction or acquisition of parking facilities;

31440

(4) Correction of cited deficiencies that constitute an	31441
imminent threat to public health or safety and are in violation of	31442
federal, state, or local fire, building, or safety statutes,	31443
ordinances, rules, or regulations;	31444

(5) Acquisition of an existing long-term care facility that	31445
does not involve a change in the number of the beds;	31446

(6) Mergers, consolidations, or other corporate	31447
reorganizations of long-term care facilities that do not involve a	31448
change in the number of beds;	31449

(7) Construction, repair, or renovation of bathroom	31450
facilities;	31451

(8) Construction of laundry facilities, waste disposal	31452
facilities, dietary department projects, heating and air	31453
conditioning projects, administrative offices, and portions of	31454
medical office buildings used exclusively for physician services;	31455

(9) Removal of asbestos from a health care facility.

31456

Only that portion of a project that is described in this	31457
division is not reviewable.	31458

Sec. 3702.52. The director of health shall administer a	31459
state certificate of need program in accordance with sections	31460
3702.51 to 3702.62 of the Revised Code and rules adopted under	31461
those sections.	31462

(A) The director shall issue rulings on whether a particular	31463
proposed project is a reviewable activity. The director shall	31464
issue a ruling not later than forty-five days after receiving a	31465
request for a ruling accompanied by the information needed to make	31466
the ruling. If the director does not issue a ruling in that time,	31467
the project shall be considered to have been ruled not a	31468
reviewable activity.	31469

(B)(1) Each application for a certificate of need shall be	31470
submitted to the director on forms and in the manner prescribed by	31471
the director. Each application shall include a plan for obligating	31472
the capital expenditures or implementing the proposed project on a	31473
timely basis in accordance with section ~~3702.525~~3702.524 of the	31474
Revised Code. Each application shall also include all other	31475
information required by rules adopted under division (B) of	31476
section 3702.57 of the Revised Code.	31477

(2) Each application shall be accompanied by the application	31478
fee established in rules adopted under division (G) of section	31479
3702.57 of the Revised Code. Application fees received by the	31480
director under this division shall be deposited into the state	31481
treasury to the credit of the certificate of need fund, which is	31482
hereby created. The director shall use the fund only to pay the	31483
costs of administering sections 3702.11 to 3702.20, 3702.30, and	31484
3702.51 to 3702.62 of the Revised Code and rules adopted under	31485
those sections. An application fee is nonrefundable unless the	31486
director determines that the application cannot be accepted.	31487

(3) The director shall review applications for certificates	31488
of need. As part of a review, the director shall determine whether	31489
an application is complete. The director shall not consider an	31490
application to be complete unless the application meets all	31491
criteria for a complete application specified in rules adopted	31492
under section 3702.57 of the Revised Code. The director shall mail	31493
to the applicant a written notice that the application is	31494
complete, or a written request for additional information, not	31495
later than thirty days after receiving an application or a	31496
response to an earlier request for information. Except as provided	31497
in section ~~3702.523~~3702.522 of the Revised Code, the director	31498
shall not make more than two requests for additional information.	31499
The director's determination that an application is not complete	31500
is final and not subject to appeal.	31501

~~The director may conduct a public informational hearing in~~	31502
~~the course of reviewing any application for a certificate of need,~~	31503
~~and shall conduct one if requested to do so by any affected person~~	31504
~~not later than fifteen days after the director mails the notice~~	31505
~~that the application is complete. The hearing shall be conducted~~	31506
~~in the community in which the activities authorized by the~~	31507
~~certificate of need would be carried out. Any affected person may~~	31508
~~testify at the hearing. The director may, with the health service~~	31509
~~agency's consent, designate a health service agency to conduct the~~	31510
~~hearing.~~	31511

(4) Except ~~during a public hearing or~~ as necessary to comply	31512
with a subpoena issued under division ~~(E)~~(F) of this section,	31513
after a notice of completeness has been received, no person shall	31514
make revisions to information that was submitted to the director	31515
before the director mailed the notice of completeness or knowingly	31516
discuss in person or by telephone the merits of the application	31517
with the director. A person may supplement an application after a	31518
notice of completeness has been received by submitting clarifying	31519
information to the director. ~~If one or more persons request a~~	31520
~~meeting in person or by telephone, the director shall make a~~	31521
~~reasonable effort to invite interested parties to the meeting or~~	31522
~~conference call.~~	31523

(C) All of the following apply to the process of granting or	31524
denying a certificate of need:	31525

(1) If the project proposed in a certificate of need	31526
application meets all of the applicable certificate of need	31527
criteria for approval under sections 3702.51 to 3702.62 of the	31528
Revised Code and the rules adopted under those sections, the	31529
director shall grant a certificate of need for all or part of the	31530
project that is the subject of the application by the applicable	31531
deadline specified in division (C)(4) of this section or any	31532
extension of it under division (C)(5) of this section.	31533

(2) The director's grant of a certificate of need does not	31534
affect, and sets no precedent for, the director's decision to	31535
grant or deny other applications for similar reviewable activities	31536
~~proposed to be conducted in the same or different health service~~	31537
~~areas~~.	31538

(3) ~~If the director receives written objections to an~~	31539
~~application from any~~Any affected person may submit written	31540
comments regarding an application. The director shall consider all	31541
written comments received by the thirtieth day after mailing the	31542
notice of completeness~~, the director shall notify the applicant~~	31543
~~and assign a hearing examiner to conduct an adjudication hearing~~	31544
~~concerning the application in accordance with Chapter 119. of the~~	31545
~~Revised Code. In~~or, in the case of applications under comparative	31546
review, ~~if the director receives written objections to any of the~~	31547
~~applications from any affected person~~ by the thirtieth day after	31548
the director mails the last notice of completeness~~, the director~~	31549
~~shall notify all of the applicants and appoint a hearing examiner~~	31550
~~to conduct a consolidated adjudication hearing concerning the~~	31551
~~applications in accordance with Chapter 119. of the Revised Code.~~	31552
~~The hearing examiner shall be employed by or under contract with~~	31553
~~the department of health.~~	31554

~~The adjudication hearings may be conducted in the health~~	31555
~~service area in which the reviewable activity is proposed to be~~	31556
~~conducted. Consolidated adjudication hearings for applications in~~	31557
~~comparative review may be conducted in the geographic region in~~	31558
~~which all of the reviewable activities will be conducted. The~~	31559
~~applicant, the director, and the affected persons that filed~~	31560
~~objections to the application shall be parties to the hearing. If~~	31561
~~none of the affected persons that submitted written objections to~~	31562
~~the application appears or prosecutes the hearing, the hearing~~	31563
~~examiner shall dismiss the hearing and the director shall grant a~~	31564
~~certificate of need for all or part of the project that is the~~	31565
~~subject of the application if the proposed project meets all of~~	31566
~~the applicable certificate of need criteria for approval under~~	31567
~~sections 3702.51 to 3702.62 of the Revised Code and the rules~~	31568
~~adopted under those sections. The affected persons bear the burden~~	31569
~~of proving by a preponderance of evidence that the project is not~~	31570
~~needed or that granting the certificate would not be in accordance~~	31571
~~with sections 3702.51 to 3702.62 of the Revised Code or the rules~~	31572
~~adopted under those sections~~.	31573

(4) Except as provided in division (C)(5) of this section,	31574
the director shall grant or deny certificate of need applications	31575
~~for which an adjudication hearing is not conducted under division~~	31576
~~(C)(3) of this section~~ not later than sixty days after mailing the	31577
notice of completeness ~~or, in the case of an application proposing~~	31578
~~addition of long-term care beds, not later than sixty days after~~	31579
~~such other time as is specified in rules adopted under section~~	31580
~~3702.57 of the Revised Code. Except as provided in division (C)(5)~~	31581
~~of this section, the director shall grant or deny certificate of~~	31582
~~need applications for which an adjudication hearing is conducted~~	31583
~~under division (C)(3) of this section not later than thirty days~~	31584
~~after the expiration of the time for filing objections to the~~	31585
~~report and recommendation of the hearing examiner under section~~	31586
~~119.09 of the Revised Code. The director shall base decisions~~	31587
~~concerning applications for which an adjudication hearing is~~	31588
~~conducted under division (C)(3) of this section on the report and~~	31589
~~recommendations of the hearing examiner~~.	31590

(5) Except as otherwise provided in division (C)(6) of this	31591
section, the director or the applicant may extend the deadline	31592
prescribed in division (C)(4) of this section once, for no longer	31593
than thirty days, by written notice before the end of the deadline	31594
prescribed by division (C)(4) of this section. An extension by the	31595
director under division (C)(5) of this section shall apply to all	31596
applications that are in comparative review.	31597

(6) No applicant in a comparative review may extend the	31598
deadline specified in division (C)(4) of this section.	31599

(7) If the director does not grant or deny the certificate by	31600
the applicable deadline specified in division (C)(4) of this	31601
section or any extension of it under division (C)(5) of this	31602
section, the certificate shall be considered to have been granted.	31603

(8) In granting a certificate of need, the director shall	31604
specify as the maximum capital expenditure the certificate holder	31605
may obligate under the certificate a figure equal to one hundred	31606
ten per cent of the approved project cost.	31607

(9) In granting a certificate of need, the director may grant	31608
the certificate with conditions that must be met by the holder of	31609
the certificate.	31610

(D) When a certificate of need application is approved for a	31611
project under which the beds are relocated, a number of beds equal	31612
to the number relocated shall cease to be operated in the	31613
long-term care facility from which they were relocated, except	31614
that the beds may continue to be operated for not more than	31615
fifteen days to allow relocation of residents to the facility to	31616
which the beds have been relocated. Notwithstanding section	31617
3721.03 of the Revised Code, if the relocated beds are in a home	31618
licensed under Chapter 3721. of the Revised Code, the facility's	31619
license is automatically reduced by the number of beds relocated	31620
effective fifteen days after the beds are relocated. If the beds	31621
are in a facility that is certified as a skilled nursing facility	31622
or nursing facility under Title XVIII or XIX of the "Social	31623
Security Act," the certification for the beds shall be	31624
surrendered. If the beds are registered under section 3701.07 of	31625
the Revised Code as skilled nursing beds or long-term care beds,	31626
the director shall remove the beds from registration not later	31627
than fifteen days after the beds are relocated.	31628

(E) The director shall monitor the activities of persons	31629
granted certificates of need during the period beginning with the	31630
granting of the certificate of need and ending five years after	31631
implementation of the activity for which the certificate was	31632
granted.	31633

~~(E)~~(F) When reviewing applications for certificates of need,	31634
considering appeals under section 3702.60 of the Revised Code, or	31635
monitoring activities of persons granted certificates of need, the	31636
director may issue and enforce, in the manner provided in section	31637
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to	31638
compel ~~the production of~~a person to testify and produce documents	31639
relevant to review of the application, consideration of the	31640
appeal, or monitoring of the activities. In addition, the director	31641
or the director's designee~~, which may include a health service~~	31642
~~agency,~~ may visit the sites where the activities are or will be	31643
conducted.	31644

~~(F)~~(G) The director may withdraw certificates of need.

31645

~~(G) The director shall conduct, on a regular basis, health~~	31646
~~system data collection and analysis activities and prepare~~	31647
~~reports. The director shall make recommendations based upon these~~	31648
~~activities to the public health council concerning the adoption of~~	31649
~~appropriate rules under section 3702.57 of the Revised Code.~~(H)	31650
All ~~health~~long-term care facilities ~~and other health care~~	31651
~~providers~~ shall submit to the director, upon request, any	31652
information prescribed by rules adopted under division (H) of	31653
section 3702.57 of the Revised Code that is necessary to conduct	31654
reviews of certificate of need applications and to develop	31655
~~recommendations for~~ criteria for reviews~~, and that is prescribed~~	31656
~~by rules adopted under division (H) of section 3702.57 of the~~	31657
~~Revised Code~~.	31658

~~(H)~~(I) Any decision to grant or deny a certificate of need	31659
shall consider the special needs and circumstances resulting from	31660
moral and ethical values and the free exercise of religious rights	31661
of ~~health~~long-term care facilities administered by religious	31662
organizations, and the special needs and circumstances of inner	31663
city and rural communities.	31664

~~Sec. 3702.522.~~ Sec. 3702.521. (A) Reviews of applications for	31665
certificates of need to recategorize hospital beds to skilled	31666
nursing beds shall be conducted in accordance with this division	31667
and rules adopted by the ~~public~~director of health ~~council~~.	31668

(1) No hospital recategorizing beds shall apply for a	31669
certificate of need for more than twenty skilled nursing beds.	31670

(2) No beds for which a certificate of need is requested	31671
under this division shall be reviewed under or counted in any	31672
formula developed under ~~public health council~~ rules adopted by the	31673
director for the purpose of determining the number of long-term	31674
care beds that may be needed within the state.	31675

(3) No beds shall be approved under this division unless the	31676
hospital certifies and demonstrates in the application that the	31677
beds will be dedicated to patients with a length of stay of no	31678
more than thirty days.	31679

(4) No beds shall be approved under this division unless the	31680
hospital can satisfactorily demonstrate in the application that it	31681
is routinely unable to place the patients planned for the beds in	31682
accessible skilled nursing facilities.	31683

(5) In developing rules to implement this division, the	31684
~~public health council~~director shall give special attention to the	31685
required documentation of the need for such beds, including the	31686
efforts made by the hospital to place patients in suitable skilled	31687
nursing facilities, and special attention to the appropriate size	31688
of units with such beds given the historical pattern of the	31689
applicant hospital's documented difficulty in placing skilled	31690
nursing patients.	31691

(B) ~~To assist the director of health~~For assistance in	31692
monitoring the use of hospital beds recategorized as skilled	31693
nursing beds after August 5, 1989, the ~~public health council~~	31694
director shall adopt rules specifying appropriate quarterly	31695
procedures for reporting to the department of health.	31696

(C) A patient may stay in a hospital bed that, after August	31697
5, 1989, has been recategorized as a skilled nursing bed for more	31698
than thirty days if the hospital is able to demonstrate that it	31699
made a good faith effort to place the patient in an accessible	31700
skilled nursing facility acceptable to the patient within the	31701
thirty-day period, but was unable to do so.	31702

(D) No hospital bed recategorized after August 5, 1989, as a	31703
skilled nursing bed shall be covered by a provider agreement under	31704
the medical assistance program established under Chapter 5111. of	31705
the Revised Code.	31706

(E) Nothing in this section requires a hospital to place a	31707
patient in any nursing home if the patient does not wish to be	31708
placed in the nursing home. Nothing in this section limits the	31709
ability of a hospital to file a certificate of need application	31710
for the addition of long-term care beds that meet the definition	31711
of "home" in section 3721.01 of the Revised Code. Nothing in this	31712
section limits the ability of the director to grant certificates	31713
of need necessary for hospitals to engage in demonstration	31714
projects authorized by the federal government for the purpose of	31715
enhancing long-term quality of care and cost containment. Nothing	31716
in this section limits the ability of hospitals to develop swing	31717
bed programs in accordance with federal regulations.	31718

No hospital that is granted a certificate of need after	31719
August 5, 1989, to recategorize hospital beds as skilled nursing	31720
beds is subject to sections 3721.01 to 3721.09 of the Revised	31721
Code. If the portion of the hospital in which the recategorized	31722
beds are located is certified as a skilled nursing facility under	31723
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	31724
U.S.C.A. 301, as amended, that portion of the hospital is subject	31725
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	31726
the Revised Code. If the beds are registered pursuant to section	31727
3701.07 of the Revised Code as long-term care beds, the beds are	31728
subject to sections 3721.50 to 3721.58 of the Revised Code.	31729

~~(F) The public health council shall adopt rules authorizing~~	31730
~~the creation of one or more nursing home placement clearinghouses.~~	31731
~~Any public or private agency or facility may apply to the~~	31732
~~department of health to serve as a nursing home placement~~	31733
~~clearinghouse, and the rules shall provide the procedure for~~	31734
~~application and process for designation of clearinghouses.~~	31735

~~The department may approve one or more clearinghouses, but in~~	31736
~~no event shall there be more than one nursing home placement~~	31737
~~clearinghouse in each county. Any nursing home may list with a~~	31738
~~nursing home placement clearinghouse the services it provides and~~	31739
~~the types of patients it is approved for and equipped to serve.~~	31740
~~The clearinghouse shall make reasonable efforts to update its~~	31741
~~information at least every six months.~~	31742

~~If an appropriate clearinghouse has been designated, each~~	31743
~~hospital granted a certificate of need after August 5, 1989, to~~	31744
~~recategorize hospital beds as skilled nursing beds shall, and any~~	31745
~~other hospital may, utilize the nursing home placement~~	31746
~~clearinghouse prior to admitting a patient to a skilled nursing~~	31747
~~bed within the hospital and prior to keeping a patient in a~~	31748
~~skilled nursing bed within a hospital in excess of thirty days.~~	31749

~~The department shall provide at least annually to all~~	31750
~~hospitals a list of the designated nursing home placement~~	31751
~~clearinghouses.~~	31752

~~Sec. 3702.523.~~ Sec. 3702.522. A person who has an application for	31753
a certificate of need pending with the director of health may	31754
revise the application to change the site of the proposed project	31755
unless either of the following applies:	31756

(A) The director, under section 3702.52 of the Revised Code,	31757
has mailed the applicant a written notice that the application is	31758
complete.	31759

(B) The application is subject to a comparative review under	31760
section 3702.593 of the Revised Code.	31761

The only revision that may be made in the revised application	31762
is the site of the proposed project. The revised site of the	31763
proposed project must be located in the same county as the site of	31764
the proposed project specified in the original application. The	31765
director may not accept a revised application if it includes	31766
revisions other than the site of the proposed project or if the	31767
revised site is located in a different county than the county in	31768
which the site specified in the original application is located.	31769

A revised application shall be accompanied by an additional,	31770
~~non-refundable~~nonrefundable fee equal to twenty-five per cent of	31771
the fee charged under section 3702.52 of the Revised Code for the	31772
original application. The additional fee shall be deposited into	31773
the certificate of need fund created under section 3702.52 of the	31774
Revised Code.	31775

On acceptance of a revised application, the director shall	31776
continue to review the application as revised in accordance with	31777
section 3702.52 of the Revised Code to determine whether it is	31778
complete and, if necessary and regardless of whether the director	31779
previously made two requests for additional information, may make	31780
a final written request to the applicant for additional	31781
information not later than thirty days after the date the director	31782
accepts the revised application.	31783

~~Sec. 3702.524.~~ Sec. 3702.523. (A) Except as provided in division	31784
(B) of this section, a certificate of need ~~granted on or after~~	31785
~~April 20, 1995,~~ is not transferable prior to the completion of the	31786
reviewable activity for which it was granted. If any person	31787
holding a certificate of need ~~issued on or after that date~~	31788
transfers the certificate of need to another person before the	31789
reviewable activity is completed, or enters into an agreement that	31790
contemplates the transfer of the certificate of need on the	31791
completion of the reviewable activity, the certificate of need is	31792
void. If the controlling interest in an entity that holds a	31793
certificate of need ~~issued on or after that date~~ is transferred	31794
prior to the completion of the reviewable activity, the	31795
certificate of need is void.	31796

(B) Division (A) of this section does not prohibit the	31797
transfer of a certificate of need ~~issued on or after April 20,~~	31798
~~1995,~~ between affiliated or related persons, as defined in rules	31799
adopted under section 3702.57 of the Revised Code, if the transfer	31800
does not result in a change in the person that holds the ultimate	31801
controlling interest, as defined in the rules, in the certificate	31802
of need.	31803

The transfer of a ~~health~~long-term care facility after the	31804
completion of a reviewable activity for which a certificate of	31805
need was issued ~~on or after April 20, 1995,~~ is not a transfer of	31806
the certificate of need, unless the facility is transferred	31807
pursuant to an agreement entered into prior to the completion of	31808
the reviewable activity.	31809

~~Sec. 3702.525.~~ Sec. 3702.524. (A) Not later than twenty-four	31810
months after the date the director of health mails the notice that	31811
the certificate of need has been granted or, if the grant or	31812
denial of the certificate of need is appealed under section	31813
3702.60 of the Revised Code, not later than twenty-four months	31814
after issuance of an order granting the certificate that is not	31815
subject to further appeal, each person holding a certificate of	31816
need granted ~~on or after April 20, 1995,~~ shall:	31817

(1) If the project for which the certificate of need was	31818
granted primarily involves construction and is to be financed	31819
primarily through external borrowing of funds, secure financial	31820
commitment for the stated purpose of developing the project and	31821
commence construction that continues uninterrupted except for	31822
interruptions or delays that are unavoidable due to reasons beyond	31823
the person's control, including labor strikes, natural disasters,	31824
material shortages, or comparable events;	31825

(2) If the project for which the certificate of need was	31826
granted primarily involves construction and is to be financed	31827
primarily internally, receive formal approval from the holder's	31828
board of directors or trustees or other governing authority to	31829
commit specified funds for implementation of the project and	31830
commence construction that continues uninterrupted except for	31831
interruptions or delays that are unavoidable due to reasons beyond	31832
the person's control, including labor strikes, natural disasters,	31833
material shortages, or comparable events;	31834

(3) ~~If the project for which the certificate of need was~~	31835
~~granted primarily involves acquisition of medical equipment, enter~~	31836
~~into a contract to purchase or lease the equipment and to accept~~	31837
~~the equipment at the site for which the certificate was granted;~~	31838

~~(4)~~ If the project for which the certificate of need was	31839
granted involves no capital expenditure or only minor renovations	31840
to existing structures, provide the ~~health~~long-term care service	31841
~~or activity~~ by the means specified in the approved application for	31842
the certificate;	31843

~~(5)~~(4) If the project for which the certificate of need was	31844
granted primarily involves leasing a building or space that	31845
requires only minor renovations to the existing space, execute a	31846
lease and provide the ~~health~~long-term care service ~~or activity~~ by	31847
the means specified in the approved application for the	31848
certificate;	31849

~~(6)~~(5) If the project for which the certificate of need was	31850
granted primarily involves leasing a building or space that has	31851
not been constructed or requires substantial renovations to	31852
existing space, commence construction for the purpose of	31853
implementing the reviewable activity that continues uninterrupted	31854
except for interruptions or delays that are unavoidable due to	31855
reasons beyond the person's control, including labor strikes,	31856
natural disasters, material shortages, or comparable events.	31857

(B) The twenty-four-month period specified in division (A) of	31858
this section shall not be extended by any means, including the	31859
granting of a subsequent or replacement certificate of need. Each	31860
person holding a certificate of need ~~granted on or after April 20,~~	31861
~~1995,~~ shall provide the director of health documentation of	31862
compliance with that division not later than the earlier of thirty	31863
days after complying with that division or five days after the	31864
twenty-four-month period expires. Not later than the earlier of	31865
fifteen days after receiving the documentation or fifteen days	31866
after the twenty-four-month period expires, the director shall	31867
send by certified mail a notice to the holder of the certificate	31868
of need specifying whether the holder has complied with division	31869
(A) of this section.	31870

(C) ~~Notwithstanding division (B) of this section, the~~	31871
~~twenty-four-month period specified in division (A) of this section~~	31872
~~shall be extended for an additional twenty-four months for any~~	31873
~~certificate of need granted for the purchase and relocation of~~	31874
~~licensed nursing home beds on February 26, 1999.~~	31875

~~(D)~~ A certificate of need ~~granted on or after April 20, 1995,~~	31876
expires, regardless of whether the director sends a notice under	31877
division (B) of this section, if the holder fails to comply with	31878
division (A) ~~or (C)~~ of this section or to provide information	31879
under division (B) of this section as necessary for the director	31880
to determine compliance. The determination by the director that a	31881
certificate of need has expired is final and not appealable under	31882
Chapter 119. of the Revised Code.	31883

~~Sec. 3702.526.~~ Sec. 3702.525. Every six months after complying	31884
with section ~~3702.525~~3702.524 of the Revised Code, the holder of	31885
the certificate of need shall demonstrate to the director of	31886
health, in the form and manner required by rules adopted under	31887
section 3702.57 of the Revised Code, that reasonable progress is	31888
being made toward the completion of the reviewable activity. If	31889
the director determines, in accordance with standards specified in	31890
the rules, that reasonable progress is not being made, hethe	31891
director shall withdraw the certificate of need.	31892

Sec. 3702.526. (A) Except as provided in division (B) of this	31893
section, the director of health shall accept an application for a	31894
replacement certificate of need for an activity described in	31895
division (A)(5) of section 3702.511 of the Revised Code to replace	31896
an approved certificate of need for that activity if all of the	31897
following conditions are met:	31898

(1) The applicant is the same as the applicant for the	31899
approved certificate of need or an affiliated or related person as	31900
described in division (B) of section 3702.523 of the Revised Code.	31901

(2) The source of any long-term care beds to be relocated is	31902
the same as in the approved certificate of need.	31903

(3) The application for the approved certificate of need was	31904
not subject to comparative review under section 3702.593 of the	31905
Revised Code.	31906

(B) The director shall not accept an application for a	31907
replacement certificate that proposes to increase the number of	31908
long-term care beds to be relocated specified in the application	31909
for the approved certificate of need.	31910

(C) For the purpose of determining whether long-term care	31911
beds are from an existing long-term care facility, the director	31912
shall consider the date of filing of the application for a	31913
replacement certificate to be the same as the date of filing of	31914
the original application for the approved certificate of need.	31915

(D) Any long-term care beds that were approved in the	31916
approved certificate of need remain approved in the application	31917
for a replacement certificate.	31918

(E) The applicant shall submit with the application for a	31919
replacement certificate a nonrefundable fee equal to the	31920
application fee for the approved certificate of need.	31921

(F) Upon approval of the application for a replacement	31922
certificate, the original certificate of need is automatically	31923
voided.	31924

Sec. 3702.527. A bed described in division (O)(5) of section	31925
3702.51 of the Revised Code may be converted to a bed described in	31926
division (O)(1), (2), (3), or (4) of that section only as provided	31927
in the certificate of need under which the beds were approved or	31928
its replacement certificate of need.	31929

Sec. 3702.53. (A) No person shall carry out any reviewable	31930
activity unless a certificate of need for such activity has been	31931
granted under sections 3702.51 to 3702.62 of the Revised Code or	31932
the person is exempted by division ~~(S)~~(B) of section ~~3702.51~~	31933
3702.511 or section ~~3702.5210 or~~ 3702.62 of the Revised Code from	31934
the requirement that a certificate of need be obtained. No person	31935
shall carry out any reviewable activity if a certificate of need	31936
authorizing that activity has been withdrawn by the director of	31937
health under section 3702.52 or ~~3702.526~~3702.525 of the Revised	31938
Code. No person shall carry out a reviewable activity if the	31939
certificate of need authorizing that activity is void pursuant to	31940
section ~~3702.524~~3702.523 of the Revised Code or has expired	31941
pursuant to section ~~3702.525~~3702.524 of the Revised Code.	31942

(B) No person shall separate portions of any proposal for any	31943
reviewable activity to evade the requirements of sections 3702.51	31944
to 3702.62 of the Revised Code.	31945

(C) No person granted a certificate of need shall carry out	31946
the reviewable activity authorized by the certificate of need	31947
other than in substantial accordance with the approved application	31948
for the certificate of need.	31949

Sec. 3702.531. The director of health shall evaluate and may	31950
investigate evidence that appears to demonstrate that any person	31951
has violated section 3702.53 of the Revised Code. If the director	31952
elects to conduct an investigation, hethe director shall mail to	31953
the alleged violator by certified mail, return receipt requested,	31954
a notice that an investigation is underway.	31955

When conducting an investigation under this section, the	31956
director may request any relevant information pertaining to the	31957
alleged violation, including the total operating cost of the	31958
activity in question during the period of the alleged violation	31959
and the total capital cost associated with implementation of the	31960
activity. A person shall provide information requested by the	31961
director not later than forty-five days after receiving the	31962
director's request. The director also may issue and enforce, in	31963
the manner provided in Chapter 119. of the Revised Code, subpoenas	31964
duces tecum to compel the production of documents relevant to the	31965
alleged violation. The subpoenas may be served in any manner	31966
authorized by the rules of civil procedure.	31967

The director or ~~his~~the director's designee~~, which may~~	31968
~~include a health service agency,~~ may conduct a site visit to	31969
investigate an alleged violation of section 3702.53 of the Revised	31970
Code.	31971

Each investigation under this section shall be conducted in a	31972
manner that protects patient confidentiality. Names or other	31973
identifying information about any patient shall not be made public	31974
without the written consent of the patient or ~~his~~the patient's	31975
guardian, or, if the patient is a minor, ~~his~~the patient's parent	31976
or guardian.	31977

Sec. 3702.54. Except as provided in section 3702.541 of the	31978
Revised Code, divisions (A) and (B) of this section apply when the	31979
director of health determines that a person has violated section	31980
3702.53 of the Revised Code.	31981

(A) The director shall impose a civil penalty on the person	31982
in an amount equal to the greatest of the following:	31983

(1) Three thousand dollars;

31984

(2) Five per cent of the operating cost of the activity that	31985
constitutes the violation during the period of time it was	31986
conducted in violation of section 3702.53 of the Revised Code;	31987

(3) If a certificate of need was granted, two per cent of the	31988
total approved capital cost associated with implementation of the	31989
activity for which the certificate of need was granted.	31990

In no event, however, shall the penalty exceed two hundred	31991
fifty thousand dollars.	31992

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	31993
the director shall refuse to accept for review any application for	31994
a certificate of need filed by or on behalf of the person, or any	31995
successor to the person or entity related to the person, for a	31996
period of not less than one year and not more than three years	31997
after the director mails the notice of the director's	31998
determination under section 3702.532 of the Revised Code or, if	31999
the determination is appealed under section 3702.60 of the Revised	32000
Code, the issuance of the order upholding the determination that	32001
is not subject to further appeal. In determining the length of	32002
time during which applications will not be accepted, the director	32003
may consider any of the following:	32004

(a) The nature and magnitude of the violation;

32005

(b) The ability of the person to have averted the violation;

32006

(c) Whether the person disclosed the violation to the	32007
director before the director commenced his investigation;	32008

(d) The person's history of compliance with sections 3702.51	32009
to 3702.62 and the rules adopted under section 3702.57 of the	32010
Revised Code;	32011

(e) Any community hardship that may result from refusing to	32012
accept future applications from the person.	32013

(2) Notwithstanding the one-year minimum imposed by division	32014
(B)(1) of this section, the director may establish a period of	32015
less than one year during which the director will refuse to accept	32016
certificate of need applications if, after reviewing all	32017
information available to the director, the director determines and	32018
expressly indicates in the notice mailed under section 3702.532 of	32019
the Revised Code that refusing to accept applications for a longer	32020
period would result in hardship to the community in which the	32021
person provides ~~health~~long-term care services. The director's	32022
finding of community hardship shall not affect the granting or	32023
denial of any future certificate of need application filed by the	32024
person.	32025

Sec. 3702.55. A person that the director of health	32026
determines has violated section 3702.53 of the Revised Code shall	32027
cease conducting the activity that constitutes the violation or	32028
utilizing the ~~equipment or~~ facility resulting from the violation	32029
not later than thirty days after the person receives the notice	32030
mailed under section 3702.532 of the Revised Code or, if the	32031
person appeals the director's determination under section 3702.60	32032
of the Revised Code, thirty days after the person receives an	32033
order upholding the director's determination that is not subject	32034
to further appeal.	32035

If any person determined to have violated section 3702.53 of	32036
the Revised Code fails to cease conducting an activity or using	32037
~~equipment or~~ a facility as required by this section or if the	32038
person continues to seek payment or reimbursement for services	32039
rendered or costs incurred in conducting the activity as	32040
prohibited by section 3702.56 of the Revised Code, in addition to	32041
the penalties imposed under section 3702.54 or 3702.541 of the	32042
Revised Code:	32043

(A) The director of health may refuse to include any beds	32044
involved in the activity in the bed capacity of a hospital for	32045
purposes of registration under section 3701.07 of the Revised	32046
Code;	32047

(B) The director of health may refuse to license, or may	32048
revoke a license or reduce bed capacity previously granted to, a	32049
hospice care program under section 3712.04 of the Revised Code; a	32050
nursing home, ~~rest home~~residential care facility, or home for the	32051
aging under section 3721.02 of the Revised Code; or any beds	32052
within any of those facilities that are involved in the activity;	32053

(C) A political subdivision certified under section 3721.09	32054
of the Revised Code may refuse to license, or may revoke a license	32055
or reduce bed capacity previously granted to, a nursing home, ~~rest~~	32056
~~home~~residential care facility, or home for the aging, or any beds	32057
within any of those facilities that are involved in the activity;	32058

(D) The director of mental health may refuse to license under	32059
section 5119.20 of the Revised Code, or may revoke a license or	32060
reduce bed capacity previously granted to, a hospital receiving	32061
mentally ill persons or beds within such a hospital that are	32062
involved in the activity;	32063

(E) The department of job and family services may refuse to	32064
enter into a provider agreement that includes a facility, beds, or	32065
services that result from the activity.	32066

Sec. 3702.56. No third-party payer or other person or	32067
~~government entity~~ is required to pay, and no person shall seek or	32068
accept payment or reimbursement for, any service rendered or costs	32069
incurred in conducting an activity during the period of time in	32070
which the activity was conducted in violation of section 3702.53	32071
of the Revised Code. Each person that accepts any amount in	32072
violation of this division shall refund that amount on request of	32073
the person ~~or government entity~~ that paid it.	32074

Sec. 3702.57. (A) The ~~public~~director of health ~~council~~	32075
shall adopt rules establishing procedures and criteria for reviews	32076
of applications for certificates of need and issuance, denial, or	32077
withdrawal of certificates.	32078

(1) In adopting rules that establish criteria for reviews of	32079
applications of certificates of need, the ~~council~~director shall	32080
consider the availability of and need for long-term care beds to	32081
provide care and treatment to persons diagnosed as having	32082
traumatic brain injuries and shall prescribe criteria for	32083
reviewing applications that propose to add long-term care beds to	32084
provide care and treatment to persons diagnosed as having	32085
traumatic brain injuries.	32086

(2) The criteria for reviews of applications for certificates	32087
of need shall relate to the need for the reviewable activity and	32088
shall pertain to all of the following matters:	32089

(a) The impact of the reviewable activity on the cost and	32090
quality of ~~health~~long-term care services in the relevant	32091
~~geographic~~service area, including, but not limited, to the	32092
historical and projected utilization of the services to which the	32093
application pertains and the effect of the reviewable activity on	32094
utilization of other providers of similar services;	32095

(b) The quality of the services to be provided as the result	32096
of the activity, as evidenced by the historical performance of the	32097
persons that will be involved in providing the services and by the	32098
provisions that are proposed in the application to ensure quality,	32099
including but not limited to adequate available personnel,	32100
available ancillary and support services, available equipment,	32101
size and configuration of physical plant, and relations with other	32102
providers;	32103

(c) The impact of the reviewable activity on the availability	32104
and accessibility of the type of services proposed in the	32105
application to the population of the relevant ~~geographic~~service	32106
area, and the level of access to the services proposed in the	32107
application that will be provided to medically underserved	32108
individuals such as recipients of public assistance and	32109
individuals who have no health insurance or whose health insurance	32110
is insufficient;	32111

(d) The activity's short- and long-term financial feasibility	32112
and cost-effectiveness, the impact of the activity on the	32113
applicant's costs and charges, and a comparison of the applicant's	32114
costs and charges with those of providers of similar services in	32115
the applicant's proposed service area;	32116

(e) The advantages, disadvantages, and costs of alternatives	32117
to the reviewable activity;	32118

(f) The impact of the activity on all other providers of	32119
similar services in the ~~health service area or other~~ relevant	32120
~~geographic~~service area, including the impact on their	32121
utilization, market share, and financial status;	32122

(g) The historical performance of the applicant and related	32123
or affiliated parties in complying with previously granted	32124
certificates of need and any applicable certification,	32125
accreditation, or licensure requirements;	32126

(h) ~~The relationship of the activity to the current edition~~	32127
~~of the state health resources plan issued under section 3702.521~~	32128
~~of the Revised Code;~~	32129

~~(i)~~ The historical performance of the applicant and related	32130
or affiliated parties in providing cost-effective ~~health~~long-term	32131
care services;	32132

~~(j)~~(i) The special needs and circumstances of the applicant	32133
or population proposed to be served by the proposed project,	32134
including research activities, prevalence of particular diseases,	32135
unusual demographic characteristics, cost-effective contractual	32136
affiliations, and other special circumstances;	32137

~~(k)~~(j) The appropriateness of the zoning status of the	32138
proposed site of the activity;	32139

~~(l)~~(k) The participation by the applicant in research	32140
conducted by the United States food and drug administration or	32141
clinical trials sponsored by the national institutes of health.	32142

(3) The criteria for reviews of applications shall include a	32143
formula for determining each county's long-term care bed need for	32144
purposes of section 3702.593 of the Revised Code and may include	32145
other formulas for determining need for beds.	32146

Any rules prescribing criteria that establish ratios of beds	32147
to population shall specify the bases for establishing the ratios	32148
or mitigating factors or exceptions to the ratios.	32149

(B) The ~~council~~director shall adopt rules specifying all of	32150
the following:	32151

(1) Information that must be provided in applications for	32152
certificates of need;	32153

(2) Procedures for reviewing applications for completeness of	32154
information;	32155

(3) Criteria for determining that the application is	32156
complete.	32157

(C) The ~~council~~director shall adopt rules specifying	32158
requirements that holders of certificates of need must meet in	32159
order for the certificates to remain valid and establishing	32160
definitions and requirements for obligation of capital	32161
expenditures and implementation of projects authorized by	32162
certificates of need.	32163

(D) The ~~council~~director shall adopt rules establishing	32164
criteria and procedures under which the director of health may	32165
withdraw a certificate of need if the holder fails to meet	32166
requirements for continued validity of the certificate.	32167

(E) The ~~council~~director shall adopt rules establishing	32168
procedures under which the department of health shall monitor	32169
project implementation activities of holders of certificates of	32170
need. The rules adopted under this division also may establish	32171
procedures for monitoring implementation activities of persons	32172
that have received nonreviewability rulings.	32173

(F) The ~~council~~director shall adopt rules establishing	32174
procedures under which the director of health shall review	32175
certificates of need whose holders exceed or appear likely to	32176
exceed an expenditure maximum specified in a certificate.	32177

(G) The ~~council~~director shall adopt rules establishing	32178
certificate of need application fees sufficient to pay the costs	32179
incurred by the department for administering sections 3702.51 to	32180
3702.62 of the Revised Code ~~and to pay health service agencies for~~	32181
~~the functions they perform under division (D)(5) of section~~	32182
~~3702.58 of the Revised Code~~. Unless rules are adopted under this	32183
division establishing different application fees, the application	32184
fee for a project not involving a capital expenditure shall be	32185
three thousand dollars and the application fee for a project	32186
involving a capital expenditure shall be nine-tenths of one per	32187
cent of the capital expenditure proposed subject to a minimum of	32188
three thousand dollars and a maximum of twenty thousand dollars.	32189

(H) The ~~council~~director shall adopt rules specifying	32190
information that is necessary to conduct reviews of certificate of	32191
need applications and to develop ~~recommendations for~~ criteria for	32192
reviews that ~~health~~long-term care facilities ~~and other health~~	32193
~~care providers~~ are to submit to the director under division ~~(G)~~(H)	32194
of section 3702.52 of the Revised Code.	32195

(I) The ~~council~~director shall adopt rules defining	32196
"affiliated person," "related person," and "ultimate controlling	32197
interest" for purposes of section ~~3702.524~~3702.523 of the Revised	32198
Code.	32199

(J) The ~~council~~director shall adopt rules prescribing	32200
requirements for holders of certificates of need to demonstrate to	32201
the director under section ~~3702.526~~3702.525 of the Revised Code	32202
that reasonable progress is being made toward completion of the	32203
reviewable activity and establishing standards by which the	32204
director shall determine whether reasonable progress is being	32205
made.	32206

(K) The ~~public health council~~director shall adopt all rules	32207
under divisions (A) to (J) of this section in accordance with	32208
Chapter 119. of the Revised Code. The ~~council~~director may adopt	32209
other rules as necessary to carry out the purposes of sections	32210
3702.51 to 3702.62 of the Revised Code.	32211

Sec. 3702.59. (A) The director of health shall accept for	32212
review certificate of need applications as provided in sections	32213
3702.592, 3702.593, and 3702.594 of the Revised Code.	32214

(B)(1) The director shall not approve an application for a	32215
certificate of need for the addition of long-term care beds to an	32216
existing ~~health~~long-term care facility or for the development of	32217
a new ~~health~~long-term care facility if any of the following	32218
apply:	32219

(a) The existing ~~health~~long-term care facility in which the	32220
beds are being placed has one or more waivers for life safety code	32221
deficiencies, one or more state fire code violations, or one or	32222
more state building code violations, and the project identified in	32223
the application does not propose to correct all life safety code	32224
deficiencies for which a waiver has been granted, all state fire	32225
code violations, and all state building code violations at the	32226
existing ~~health~~long-term care facility in which the beds are	32227
being placed;	32228

(b) During the sixty-month period preceding the filing of the	32229
application, a notice of proposed license revocation was issued	32230
under section 3721.03 of the Revised Code for the existing ~~health~~	32231
long-term care facility in which the beds are being placed or a	32232
nursing home owned or operated by the applicant or a principal	32233
participant.	32234

(c) During the period that precedes the filing of the	32235
application and is encompassed by the three most recent standard	32236
surveys of the existing ~~health~~long-term care facility in which	32237
the beds are being placed, any of the following occurred:	32238

(i) The facility was cited on three or more separate	32239
occasions for final, nonappealable actual harm but not immediate	32240
jeopardy deficiencies.	32241

(ii) The facility was cited on two or more separate occasions	32242
for final, nonappealable immediate jeopardy deficiencies.	32243

(iii) The facility was cited on two separate occasions for	32244
final, nonappealable actual harm but not immediate jeopardy	32245
deficiencies and on one occasion for a final, nonappealable	32246
immediate jeopardy deficiency.	32247

(d) More than two nursing homes owned or operated in this	32248
state by the applicant or a principal participant or, if the	32249
applicant or a principal participant owns or operates more than	32250
twenty nursing homes in this state, more than ten per cent of	32251
those nursing homes, were each cited during the period that	32252
precedes the filing of the application for the certificate of need	32253
and is encompassed by the three most recent standard surveys of	32254
the nursing homes that were so cited in any of the following	32255
manners:	32256

(i) On three or more separate occasions for final,	32257
nonappealable actual harm but not immediate jeopardy deficiencies;	32258

(ii) On two or more separate occasions for final,	32259
nonappealable immediate jeopardy deficiencies;	32260

(iii) On two separate occasions for final, nonappealable	32261
actual harm but not immediate jeopardy deficiencies and on one	32262
occasion for a final, nonappealable immediate jeopardy deficiency.	32263

(2) In applying divisions (B)(1)(a) to (d) of this section,	32264
the director shall not consider deficiencies or violations cited	32265
before the applicant or a principal participant acquired or began	32266
to own or operate the ~~health~~long-term care facility at which the	32267
deficiencies or violations were cited. The director may disregard	32268
deficiencies and violations cited after the ~~health~~long-term care	32269
facility was acquired or began to be operated by the applicant or	32270
a principal participant if the deficiencies or violations were	32271
attributable to circumstances that arose under the previous owner	32272
or operator and the applicant or principal participant has	32273
implemented measures to alleviate the circumstances. In the case	32274
of an application proposing development of a new ~~health~~long-term	32275
care facility by relocation of beds, the director shall not	32276
consider deficiencies or violations that were solely attributable	32277
to the physical plant of the existing ~~health~~long-term care	32278
facility from which the beds are being relocated.	32279

(C) The director also shall accept for review any application	32280
for the conversion of infirmary beds to long-term care beds if the	32281
infirmary meets all of the following conditions:	32282

(1) Is operated exclusively by a religious order;

32283

(2) Provides care exclusively to members of religious orders	32284
who take vows of celibacy and live by virtue of their vows within	32285
the orders as if related;	32286

(3) Was providing care exclusively to members of such a	32287
religious order on January 1, 1994.	32288

(D) Notwithstanding division (C)(2) of this section, a	32289
facility that has been granted a certificate of need under	32290
division (C) of this section may provide care to any of the	32291
following family members of the individuals described in division	32292
(C)(2) of this section: mothers, fathers, brothers, sisters,	32293
brothers-in-law, sisters-in-law, or children.	32294

The long-term care beds in a facility that have been granted	32295
a certificate of need under division (C) of this section may not	32296
be relocated pursuant to sections 3702.592 to 3702.594 of the	32297
Revised Code.	32298

Sec. 3702.592. (A) The director of health shall accept, for	32299
review under section 3702.52 of the Revised Code, certificate of	32300
need applications for any of the following purposes if the	32301
proposed increase in beds is attributable ~~solely~~ to a replacement	32302
or relocation of existing beds from an existing ~~health~~long-term	32303
care facility within the same county:	32304

(1) Approval of beds in a new ~~health~~long-term care facility	32305
or an increase of beds in an existing ~~health~~long-term care	32306
facility if the beds are proposed to be licensed as nursing home	32307
beds under Chapter 3721. of the Revised Code;	32308

(2) Approval of beds in a new county home or new county	32309
nursing home, or an increase of beds in an existing county home or	32310
existing county nursing home if the beds are proposed to be	32311
certified as skilled nursing facility beds under the medicare	32312
program, Title XVIII of the "Social Security Act," 49 Stat. 286	32313
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	32314
the medicaid program, Title XIX of the "Social Security Act," 49	32315
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	32316

(3) An increase of hospital beds registered pursuant to	32317
section 3701.07 of the Revised Code as long-term care beds;	32318

(4) An increase of hospital beds registered pursuant to	32319
section 3701.07 of the Revised Code as special skilled nursing	32320
beds that were originally authorized by and are operated in	32321
accordance with section ~~3702.522~~3702.521 of the Revised Code.	32322

(B) The director shall accept applications described in	32323
division (A) of this section at any time.	32324

Sec. 3702.593. (A) At the times specified in this section,	32325
the director of health shall accept, for review under section	32326
3702.52 of the Revised Code, certificate of need applications for	32327
any of the following purposes if the proposed increase in beds is	32328
attributable solely to relocation of existing beds from an	32329
existing ~~health~~long-term care facility in a county with excess	32330
beds to a ~~health~~long-term care facility in a county in which	32331
there are fewer long-term care beds than the county's bed need:	32332

(1) Approval of beds in a new ~~health~~long-term care facility	32333
or an increase of beds in an existing ~~health~~long-term care	32334
facility if the beds are proposed to be licensed as nursing home	32335
beds under Chapter 3721. of the Revised Code;	32336

(2) Approval of beds in a new county home or new county	32337
nursing home, or an increase of beds in an existing county home or	32338
existing county nursing home if the beds are proposed to be	32339
certified as skilled nursing facility beds under the medicare	32340
program, Title XVIII of the "Social Security Act," 49 Stat. 286	32341
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	32342
the medicaid program, Title XIX of the "Social Security Act," 49	32343
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	32344

(3) An increase of hospital beds registered pursuant to	32345
section 3701.07 of the Revised Code as long-term care beds.	32346

(B) For the purpose of implementing this section, the	32347
director shall do all of the following:	32348

(1) ~~Determine~~Not later than April 1, 2012, and every four	32349
years thereafter, determine the long-term care bed supply for each	32350
county, which shall consist of all of the following:	32351

(a) Nursing home beds licensed under Chapter 3721. of the	32352
Revised Code;	32353

(b) Beds certified as skilled nursing facility beds under the	32354
medicare program or nursing facility beds under the medicaid	32355
program;	32356

(c) Beds in any portion of a hospital that are properly	32357
registered under section 3701.07 of the Revised Code as skilled	32358
nursing beds, long-term care beds, or special skilled nursing	32359
beds;	32360

(d) Beds in a county home or county nursing home that are	32361
certified under section 5155.38 of the Revised Code as having been	32362
in operation on July 1, 1993, and are eligible for licensure as	32363
nursing home beds;	32364

~~(d)~~(e) Beds ~~held as approved long-term care beds under a~~	32365
~~certificate of need approved by the director~~described in division	32366
(O)(5) of section 3702.51 of the Revised Code.	32367

(2) Determine the long-term care bed occupancy rate for the	32368
state at the time the determination is made;	32369

(3) For each county, determine the county's bed need by	32370
identifying the number of long-term care beds that would be needed	32371
in the county in order for the statewide occupancy rate for a	32372
projected population aged sixty-five and older to be ninety per	32373
cent.	32374

In determining each county's bed need, the director shall use	32375
the formula developed in rules adopted under section 3702.57 of	32376
the Revised Code. ~~The director's first determination after the~~	32377
~~effective date of this section shall be made not later than April~~	32378
~~1, 2010. The second determination shall be made not later than~~	32379
~~April 1, 2012. Thereafter, a~~A determination shall be made every	32380
four years. After each determination is made, the director shall	32381
publish the county's bed need on the web site maintained by the	32382
department of health.	32383

(C) The director's consideration of a certificate of need	32384
that would increase the number of beds in a county shall be	32385
consistent with the county's bed need determined under division	32386
(B) of this section except as follows:	32387

(1) If a county's occupancy rate is less than eighty-five per	32388
cent, the county shall be considered to have no need for	32389
additional beds.	32390

(2) Even if a county is determined not to need any additional	32391
long-term care beds, the director may approve an increase in beds	32392
equal to up to ten per cent of the county's bed supply if the	32393
county's occupancy rate is greater than ninety per cent.	32394

(D)(1) ~~Applications made under this section shall be subject~~	32395
~~to comparative review.~~ The review period for the first ~~comparative~~	32396
review process ~~after the effective date of this section~~ shall	32397
begin July 1, 2010, and end June 30, 2012. The next review period	32398
shall begin July 1, 2012, and end June 30, 2016. Thereafter, the	32399
review period for each comparative review process shall begin on	32400
the first day of July following the end of the previous review	32401
period and shall be four years.	32402

(2) Certificate of need applications shall be accepted during	32403
the first month of the review period and reviewed ~~from the first~~	32404
~~day of the review period~~ through the thirtieth day of April of the	32405
following year.	32406

(3) Except for the first review period after ~~the effective~~	32407
~~date of this section~~October 16, 2009, each review period may	32408
consist of two phases. The first phase of the review period shall	32409
be the period during which the director accepts and reviews	32410
certificate of need applications as provided in division (D)(2) of	32411
this section. If the director determines that there will be	32412
acceptance and review of additional certificate of need	32413
applications, the second phase of the review period shall begin on	32414
the first day of July of the third year of the review period. The	32415
second phase shall be limited to acceptance and review of	32416
applications for redistribution of beds made available pursuant to	32417
division ~~(G)(2)~~(I) of this section. During the period between the	32418
first and second phases of the review period, the director shall	32419
act in accordance with division ~~(H)~~(I) of this section.	32420

(E) The director shall consider certificate of need	32421
applications in accordance with all of the following:	32422

(1) The number of beds approved for a county shall include	32423
only beds available for relocation from another county and shall	32424
not exceed the bed need of the receiving county;	32425

(2) The director shall consider the existence of community	32426
resources serving persons who are age sixty-five or older or	32427
disabled that are demonstrably effective in providing alternatives	32428
to long-term care facility placement.	32429

(3) The director shall approve relocation of beds from a	32430
county only if, after the relocation, the number of beds remaining	32431
in the county will exceed the county's bed need by at least one	32432
hundred beds;	32433

(4) The director shall approve relocation of beds from a	32434
~~health~~long-term care facility only if, after the relocation, the	32435
number of beds in the facility's service area is at least equal to	32436
the state bed need rate. For purposes of this division, a	32437
facility's service area shall be either of the following:	32438

(a) The census tract in which the facility is located, if the	32439
facility is located in an area designated by the United States	32440
secretary of health and human services as a health professional	32441
shortage area under the "Public Health Service Act," 88 Stat. 682	32442
(1944), 42 U.S.C. 254(e), as amended;	32443

(b) The area that is within a fifteen-mile radius of the	32444
facility's location, if the facility is not located in a health	32445
professional shortage area.	32446

(F) Applications made under this section are subject to	32447
comparative review if two or more applications are submitted	32448
during the same review period and any of the following applies:	32449

(1) The applications propose to relocate beds from the same	32450
county and the number of beds for which certificates of need are	32451
being requested totals more than the number of beds available in	32452
the county from which the beds are to be relocated.	32453

(2) The applications propose to relocate beds to the same	32454
county and the number of beds for which certificates of need are	32455
being requested totals more than the number of beds needed in the	32456
county to which the beds are to be relocated.	32457

(3) The applications propose to relocate beds from the same	32458
service area and the number of beds left in the service area from	32459
which the beds are being relocated would be less than the state	32460
bed need rate determined by the director.	32461

(G) In determining which applicants should receive preference	32462
in the comparative review process, the director shall consider all	32463
of the following as weighted priorities:	32464

(1) Whether the beds will be part of a continuing care	32465
retirement community;	32466

(2) Whether the beds will serve an underserved population,	32467
such as low-income individuals, individuals with disabilities, or	32468
individuals who are members of racial or ethnic minority groups;	32469

(3) Whether the project in which the beds will be included	32470
will provide alternatives to institutional care, such as adult	32471
day-care, home health care, respite or hospice care, mobile meals,	32472
residential care, independent living, or congregate living	32473
services;	32474

(4) Whether the ~~health~~long-term care facility's owner or	32475
operator will participate in medicaid waiver programs for	32476
alternatives to institutional care;	32477

(5) Whether the project in which the beds will be included	32478
will reduce alternatives to institutional care by converting	32479
residential care beds or other alternative care beds to long-term	32480
care beds;	32481

(6) Whether the facility in which the beds will be placed has	32482
positive resident and family satisfaction surveys;	32483

(7) Whether the facility in which the beds will be placed has	32484
fewer than fifty long-term care beds;	32485

(8) Whether the ~~health~~long-term care facility in which the	32486
beds will be placed is located within the service area of a	32487
hospital and is designed to accept patients for rehabilitation	32488
after an in-patient hospital stay;	32489

(9) Whether the ~~health~~long-term care facility in which the	32490
beds will be placed is or proposes to become a nurse aide training	32491
and testing site;	32492

(10) The rating, under the centers for medicare and medicaid	32493
services' five star nursing home quality rating system, of the	32494
~~health~~long-term care facility in which the beds will be placed.	32495

~~(G)(1) When a certificate of need application is approved~~	32496
~~during the initial phase of a four-year review period, on~~	32497
~~completion of the project under which the beds are relocated, that~~	32498
~~number of beds shall cease to be operated in the health care~~	32499
~~facility from which they were relocated and, if the licensure or~~	32500
~~certification of those beds cannot be or is not transferred to the~~	32501
~~facility to which the beds are relocated, the licensure or~~	32502
~~certification shall be surrendered.~~	32503

~~(2) In~~(H) A person who has submitted an application under	32504
this section that is not subject to comparative review may revise	32505
the site of the proposed project pursuant to section 3702.522 of	32506
the Revised Code.	32507

(I) When a certificate of need application is approved during	32508
the initial phase of a four-year review period, in addition to the	32509
actions required by division ~~(G)(1)~~(D) of ~~this~~ section 3702.52 of	32510
the Revised Code, the ~~health~~long-term care facility from which	32511
the beds were relocated shall reduce the number of beds operated	32512
in the facility by a number of beds equal to at least ten per cent	32513
of the number of beds relocated ~~and shall surrender the licensure~~	32514
~~or certification of those beds~~. If these beds are in a home	32515
licensed under Chapter 3721. of the Revised Code, the long-term	32516
care facility shall have the beds removed from the license. If the	32517
beds are in a facility that is certified as a skilled nursing	32518
facility or nursing facility under Title XVIII or XIX of the	32519
"Social Security Act," the facility shall surrender the	32520
certification of these beds. If the beds are registered as skilled	32521
nursing beds or long-term care beds under section 3701.07 of the	32522
Revised Code, the long-term care facility shall surrender the	32523
registration for these beds. This reduction shall be made not	32524
later than the completion date of the project for which the beds	32525
were relocated.	32526

~~(H)~~(J)(1) Once approval of certificate of need applications	32527
in the first phase of a four-year review period is complete, the	32528
director shall make a new determination of the bed need for each	32529
county by reducing the county's bed need by the number of beds	32530
approved for relocation to the county. The new bed-need	32531
determination shall be made not later than the first day of April	32532
of the third year of the review period.	32533

(2) The director may publish on the department's web site the	32534
remaining bed need for counties that will be considered for	32535
redistribution of beds that, in accordance with division ~~(G)(2)~~(I)	32536
of this section, have ceased or will cease to be operated. The	32537
director shall base the determination of whether to include a	32538
county on all of the following:	32539

(a) The statewide number of beds that, in accordance with	32540
division ~~(G)(2)~~(I) of this section, have ceased or will cease to	32541
be operated;	32542

(b) The county's remaining bed need;

32543

32544

~~(I)~~(K) If the director publishes the remaining bed need for a	32545
county under division ~~(H)~~(J)(2) of this section, the director may,	32546
beginning on the first day of the second phase of the review	32547
period, accept certificate of need applications for redistribution	32548
to ~~health~~long-term care facilities in that county of beds that	32549
have ceased or will cease operation in accordance with division	32550
~~(G)(2)~~(I) of this section. The total number of beds approved for	32551
redistribution in the second phase of a review period shall not	32552
exceed the number that have ceased or will cease operation in	32553
accordance with division ~~(G)(2)~~(I) of this section. Beds that are	32554
not approved for redistribution during the second phase of a	32555
review period shall not be available for redistribution at any	32556
future time.	32557

Sec. 3702.594. (A) The director of health shall accept, for	32558
review under section 3702.52 of the Revised Code, certificate of	32559
need applications for an increase in beds in an existing nursing	32560
home if all of the following conditions are met:	32561

(1) The proposed increase is attributable solely to a	32562
relocation of licensed nursing home beds from an existing nursing	32563
home to another existing nursing home located in a county that is	32564
contiguous to the county from which the beds are to be relocated;	32565

(2) Not more than a total of thirty nursing home beds are	32566
proposed for relocation to the same existing nursing home	32567
regardless of the number of applications filed. Once the	32568
cumulative total of beds relocated under this section to a nursing	32569
home reaches thirty, no further applications under this section	32570
will be accepted until the period of monitoring specified in	32571
division (E) of section 3702.52 of the Revised Code of the most	32572
recent reviewable activity implemented under this section has	32573
expired;	32574

(3) After the proposed relocation, there will be existing	32575
nursing home beds remaining in the county from which the beds are	32576
relocated;	32577

(4) The beds are proposed to be licensed as nursing home beds	32578
under Chapter 3721. of the Revised Code.	32579

(B) The director shall accept applications described in	32580
division (A) of this section at any time.	32581

Sec. 3702.60. (A) Any affected person may appeal a	32582
reviewability ruling ~~issued on or after April 20, 1995,~~ to the	32583
director of health in accordance with Chapter 119. of the Revised	32584
Code, and the director shall provide an adjudication hearing in	32585
accordance with that chapter. An affected person may appeal the	32586
director's ruling in the adjudication hearing to the tenth	32587
district court of appeals.	32588

(B) The certificate of need applicant or another affected	32589
person may appeal to the director in accordance with Chapter 119.	32590
of the Revised Code a decision issued by the director ~~on or after~~	32591
~~April 20, 1995,~~ to grant or deny a certificate of need application	32592
~~for which an adjudication hearing was not conducted under section~~	32593
~~3702.52 of the Revised Code~~, and the director shall provide an	32594
adjudication hearing in accordance with that chapter. The	32595
certificate of need applicant or other affected person that	32596
appeals the director's decision to grant or deny a certificate of	32597
need application must prove by a preponderance of the evidence	32598
that the director's decision is not in accordance with sections	32599
3702.52 to 3702.62 of the Revised Code or rules adopted under	32600
those sections. The certificate of need applicant or an affected	32601
person that was a party to and participated in an adjudication	32602
hearing conducted under this division ~~or section 3702.52 of the~~	32603
~~Revised Code~~ may appeal to the tenth district court of appeals the	32604
decision issued by the director following the adjudication	32605
hearing. ~~No person may appeal to the director or a court the~~	32606
~~director's granting of a certificate of need prior to June 30,~~	32607
~~1995, under the version of section 3702.52 of the Revised Code in~~	32608
~~effect immediately prior to that date due to failure to submit~~	32609
~~timely written objections, no person may appeal to the director or~~	32610
~~a court the director's granting of a certificate of need under~~	32611
~~division (C)(1) of section 3702.52 of the Revised Code.~~	32612

(C) The certificate of need holder may appeal to the director	32613
in accordance with Chapter 119. of the Revised Code a decision	32614
issued by the director under section 3702.52 or ~~3702.526~~3702.525	32615
of the Revised Code ~~on or after April 20, 1995,~~ to withdraw a	32616
certificate of need, and the director shall provide an	32617
adjudication hearing in accordance with that chapter. The person	32618
may appeal the director's ruling in the adjudication hearing to	32619
the tenth district court of appeals.	32620

(D) Any person determined by the director to have violated	32621
section 3702.53 of the Revised Code may appeal that determination,	32622
or the penalties imposed under section 3702.54 or 3702.541 of the	32623
Revised Code, to the director in accordance with Chapter 119. of	32624
the Revised Code, and the director shall provide an adjudication	32625
hearing in accordance with that chapter. The person may appeal the	32626
director's ruling in the adjudication hearing to the tenth	32627
district court of appeals.	32628

(E) Each person appealing under this section to the director	32629
shall file with the director, not later than thirty days after the	32630
decision, ruling, or determination of the director was mailed, a	32631
notice of appeal designating the decision, ruling, or	32632
determination appealed from.	32633

(F) Each person appealing under this section to the tenth	32634
district court of appeals shall file with the court, not later	32635
than thirty days after the date the director's adjudication order	32636
was mailed, a notice of appeal designating the order appealed	32637
from. The appellant also shall file notice with the director not	32638
later than thirty days after the date the order was mailed.	32639

(1) Not later than thirty days after receipt of the notice of	32640
appeal, the director shall prepare and certify to the court the	32641
complete record of the proceedings out of which the appeal arises.	32642
The expense of preparing and transcribing the record shall be	32643
taxed as part of the costs of the appeal. In the event that the	32644
record or a part thereof is not certified within the time	32645
prescribed by this division, the appellant may apply to the court	32646
for an order that the record be certified.	32647

(2) In hearing the appeal, the court shall consider only the	32648
evidence contained in the record certified to it by the director.	32649
The court may remand the matter to the director for the admission	32650
of additional evidence on a finding that the additional evidence	32651
is material, newly discovered, and could not with reasonable	32652
diligence have been ascertained before the hearing before the	32653
director. Except as otherwise provided by statute, the court shall	32654
give the hearing on the appeal preference over all other civil	32655
matters, irrespective of the position of the proceedings on the	32656
calendar of the court.	32657

(3) The court shall affirm the director's order if it finds,	32658
upon consideration of the entire record and any additional	32659
evidence admitted under division (F)(2) of this section, that the	32660
order is supported by reliable, probative, and substantial	32661
evidence and is in accordance with law. In the absence of such a	32662
finding, it shall reverse, vacate, or modify the order.	32663

(4) If the court determines that the director committed	32664
material procedural error, the court shall remand the matter to	32665
the director for further consideration or action.	32666

(G) The court may award reasonable attorney's fees against	32667
the appellant if it determines that the appeal was frivolous.	32668
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	32669
apply to adjudication hearings under this section or section	32670
3702.52 of the Revised Code and judicial appeals under this	32671
section.	32672

(H) No person may intervene in an appeal brought under this	32673
section.	32674

Sec. 3702.62. ~~(A) Any action pursuant to section 140.03,~~	32675
~~140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06,~~	32676
~~339.08, 339.09, 339.12, 339.14, 513.05, 513.07, 513.08, 513.081,~~	32677
~~513.12, 513.15, 513.17, 513.171, 749.02, 749.03, 749.14, 749.16,~~	32678
~~749.20, 749.25, 749.28, 749.35, 1751.06, or 3707.29 of the Revised~~	32679
~~Code shall be taken in accordance with sections 3702.51 to 3702.61~~	32680
~~of the Revised Code.~~	32681

~~(B) A nursing home certified as an intermediate care facility~~	32682
~~for the mentally retarded under Title XIX of the "Social Security~~	32683
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, that is~~	32684
~~required to apply for licensure as a residential facility under~~	32685
~~section 5123.19 of the Revised Code is not, with respect to the~~	32686
~~portion of the home certified as an intermediate care facility for~~	32687
~~the mentally retarded, subject to sections~~Sections 3702.51 to	32688
3702.61 of the Revised Code do not apply to any part of long-term	32689
care facility's campus that is certified as an intermediate care	32690
facility for the mentally retarded under Title XIX of the "Social	32691
Security Act," 79 Stat. 343 (1965), 42 U.S.C. 1396 et seq., as	32692
amended.	32693

Sec. 3703.01. (A) Except as otherwise provided in this	32694
section, the division of ~~labor~~industrial compliance in the	32695
department of commerce shall do all of the following:	32696

(1) Inspect all nonresidential buildings within the meaning	32697
of section 3781.06 of the Revised Code;	32698

(2) Condemn all unsanitary or defective plumbing that is	32699
found in connection with those places;	32700

(3) Order changes in plumbing necessary to insure the safety	32701
of the public health.	32702

(B)(1)(a) The division of ~~labor~~industrial compliance, boards	32703
of health of city and general health districts, and county	32704
building departments shall not inspect plumbing or collect fees	32705
for inspecting plumbing in particular types of buildings in any	32706
municipal corporation that is certified by the board of building	32707
standards under section 3781.10 of the Revised Code to exercise	32708
enforcement authority for plumbing in those types of buildings.	32709

(b) The division shall not inspect plumbing or collect fees	32710
for inspecting plumbing in particular types of buildings in any	32711
health district that employs one or more plumbing inspectors	32712
certified pursuant to division (D) of this section to enforce	32713
Chapters 3781. and 3791. of the Revised Code and the rules adopted	32714
pursuant to those chapters relating to plumbing in those types of	32715
buildings.	32716

(c) The division shall not inspect plumbing or collect fees	32717
for inspecting plumbing in particular types of buildings in any	32718
health district where the county building department is authorized	32719
to inspect those types of buildings pursuant to a contract	32720
described in division (C)(1) of this section.	32721

(d) The division shall not inspect plumbing or collect fees	32722
for inspecting plumbing in particular types of buildings in any	32723
health district where the board of health has entered into a	32724
contract with the board of health of another district to conduct	32725
inspections pursuant to division (C)(2) of this section.	32726

(2) No county building department shall inspect plumbing or	32727
collect fees for inspecting plumbing in any type of building in a	32728
health district unless the department is authorized to inspect	32729
that type of building pursuant to a contract described in division	32730
(C)(1) of this section.	32731

(3) No municipal corporation shall inspect plumbing or	32732
collect fees for inspecting plumbing in types of buildings for	32733
which it is not certified by the board of building standards under	32734
section 3781.10 of the Revised Code to exercise enforcement	32735
authority.	32736

(4) No board of health of a health district shall inspect	32737
plumbing or collect fees for inspecting plumbing in types of	32738
buildings for which it does not have a plumbing inspector	32739
certified pursuant to division (D) of this section.	32740

(C)(1) The board of health of a health district may enter	32741
into a contract with a board of county commissioners to authorize	32742
the county building department to inspect plumbing in buildings	32743
within the health district. The contract may designate that the	32744
department inspect either residential or nonresidential buildings,	32745
as those terms are defined in section 3781.06 of the Revised Code,	32746
or both types of buildings, so long as the department employs or	32747
contracts with a plumbing inspector certified pursuant to division	32748
(D) of this section to inspect the types of buildings the contract	32749
designates. The board of health may enter into a contract	32750
regardless of whether the health district employs any certified	32751
plumbing inspectors to enforce Chapters 3781. and 3791. of the	32752
Revised Code.	32753

(2) The board of health of a health district, regardless of	32754
whether it employs any certified plumbing inspectors to enforce	32755
Chapters 3781. and 3791. of the Revised Code, may enter into a	32756
contract with the board of health of another health district to	32757
authorize that board to inspect plumbing in buildings within the	32758
contracting board's district. The contract may designate the	32759
inspection of either residential or nonresidential buildings as	32760
defined in section 3781.06 of the Revised Code, or both types of	32761
buildings, so long as the board that performs the inspections	32762
employs a plumbing inspector certified pursuant to division (D) of	32763
this section to inspect the types of buildings the contract	32764
designates.	32765

(D) The superintendent of ~~labor~~industrial compliance shall	32766
adopt rules prescribing minimum qualifications based on education,	32767
training, experience, or demonstrated ability, that the	32768
superintendent shall use in certifying or recertifying plumbing	32769
inspectors to do plumbing inspections for health districts and	32770
county building departments that are authorized to perform	32771
inspections pursuant to a contract under division (C)(1) of this	32772
section, and for continuing education of plumbing inspectors.	32773
Those minimum qualifications shall be related to the types of	32774
buildings for which a person seeks certification.	32775

(E) The superintendent may enter into reciprocal	32776
registration, licensure, or certification agreements with other	32777
states and other agencies of this state relative to plumbing	32778
inspectors if both of the following apply:	32779

(1) The requirements for registration, licensure, or	32780
certification of plumbing inspectors under the laws of the other	32781
state or laws administered by the other agency are substantially	32782
equal to the requirements the superintendent adopts under division	32783
(D) of this section for certifying plumbing inspectors.	32784

(2) The other state or agency extends similar reciprocity to	32785
persons certified under this chapter.	32786

(F) The superintendent may select and contract with one or	32787
more persons to do all of the following regarding examinations for	32788
certification of plumbing inspectors:	32789

(1) Prepare, administer, score, and maintain the	32790
confidentiality of the examination;	32791

(2) Maintain responsibility for all expenses required to	32792
comply with division (F)(1) of this section;	32793

(3) Charge each applicant a fee for administering the	32794
examination in an amount the superintendent authorizes;	32795

(4) Design the examination for certification of plumbing	32796
inspectors to determine an applicant's competence to inspect	32797
plumbing.	32798

(G) Standards and methods prescribed in local plumbing	32799
regulations shall not be less than those prescribed in Chapters	32800
3781. and 3791. of the Revised Code and the rules adopted pursuant	32801
to those chapters.	32802

(H) Notwithstanding any other provision of this section, the	32803
division shall make a plumbing inspection of any building or other	32804
place that there is reason to believe is in a condition to be a	32805
menace to the public health.	32806

Sec. 3703.03. In the administration of sections 3703.01 to	32807
3703.08 of the Revised Code, the division of ~~labor~~industrial	32808
compliance shall enforce rules governing plumbing adopted by the	32809
board of building standards under authority of sections 3781.10	32810
and 3781.11 of the Revised Code, and register those persons	32811
engaged in or at the plumbing business.	32812

Plans and specifications for all plumbing to be installed in	32813
or for buildings coming within such sections shall be submitted to	32814
and approved by the division before the contract for plumbing is	32815
let.	32816

Sec. 3703.04. The superintendent of ~~labor~~industrial	32817
compliance shall appoint such number of plumbing inspectors as is	32818
required. The inspectors shall be practical plumbers with at least	32819
seven years' experience, and skilled and well-trained in matters	32820
pertaining to sanitary regulations concerning plumbing work.	32821

Sec. 3703.05. Plumbing inspectors employed by the division	32822
of ~~labor~~industrial compliance assigned to the enforcement of	32823
sections 3703.01 to 3703.08 of the Revised Code may, between	32824
sunrise and sunset, enter any building where there is good and	32825
sufficient reason to believe that the sanitary condition of the	32826
premises endangers the public health, for the purpose of making an	32827
inspection to ascertain the condition of the premises.	32828

Sec. 3703.06. When any building is found to be in a sanitary	32829
condition or when changes which are ordered, under authority of	32830
this chapter, in the plumbing, drainage, or ventilation have been	32831
made, and after a thorough inspection and approval by the	32832
superintendent of ~~labor~~industrial compliance, the superintendent	32833
shall issue a certificate, which shall be posted in a conspicuous	32834
place for the benefit of the public at large. Upon notification by	32835
the superintendent, the certificate shall be revoked for any	32836
violation of those sections.	32837

Sec. 3703.07. No plumbing work shall be done in any building	32838
or place coming within the jurisdiction of the division of ~~labor~~	32839
industrial compliance, except in cases of repairs or leaks in	32840
existing plumbing, until a permit has been issued by the division.	32841

Before granting such permit, an application shall be made by	32842
the owner of the property or by the person, firm, or corporation	32843
which is to do the work. The application shall be made on a form	32844
prepared by the division for the purpose, and each application	32845
shall be accompanied by a fee of twenty-seven dollars, and an	32846
additional fee of seven dollars for each trap, vented fixture,	32847
appliance, or device. Each application also shall be accompanied	32848
by a plan approval fee of eighteen dollars for work containing one	32849
through twenty fixtures; thirty-six dollars for work containing	32850
twenty-one through forty fixtures; and fifty-four dollars for work	32851
containing forty-one or more fixtures.	32852

Whenever a reinspection is made necessary by the failure of	32853
the applicant or plumbing contractor to have the work ready for	32854
inspection when so reported, or by reason of faulty or improper	32855
installation, the person shall pay a fee of forty-five dollars for	32856
each reinspection.	32857

All fees collected pursuant to this section shall be paid	32858
into the state treasury to the credit of the ~~labor~~industrial	32859
compliance operating fund created in section 121.084 of the	32860
Revised Code.	32861

The superintendent of ~~labor~~industrial compliance, by rule	32862
adopted in accordance with Chapter 119. of the Revised Code, may	32863
increase the fees required by this section and may establish fees	32864
to pay the costs of the division to fulfill its duties established	32865
by this chapter, including, but not limited to, fees for	32866
administering a program for continuing education for, and	32867
certifying and recertifying plumbing inspectors. The fees shall	32868
bear some reasonable relationship to the cost of administering and	32869
enforcing the provisions of this chapter.	32870

Sec. 3703.08. Any owner, agent, or manager of a building in	32871
which an inspection is made by the division of ~~labor~~industrial	32872
compliance, a board of health of a health district, or a certified	32873
department of building inspection of a municipal corporation or a	32874
county shall have the entire system of drainage and ventilation	32875
repaired, as the division, board of health, or department of	32876
building inspection directs by its order. After due notice to	32877
repair that work is given, the owner, agent, or manager shall	32878
notify the public authority that issued the order when the work is	32879
ready for its inspection. No person shall fail to have the work	32880
ready for inspection at the time specified in the notice.	32881

Sec. 3703.10. All prosecutions and proceedings by the	32882
division of ~~labor~~industrial compliance for the violation of	32883
sections 3703.01 to 3703.08 of the Revised Code, or for the	32884
violation of any of the orders or rules of the division under	32885
those sections, shall be instituted by the superintendent of	32886
~~labor~~industrial compliance. All fines or judgments collected by	32887
the division shall be paid into the state treasury to the credit	32888
of the ~~labor~~industrial compliance operating fund created by	32889
section 121.084 of the Revised Code.	32890

The superintendent, the board of health of a general or city	32891
health district, or any person charged with enforcing the rules of	32892
the division adopted under sections 3703.01 to 3703.08 of the	32893
Revised Code may petition the court of common pleas for injunctive	32894
or other appropriate relief requiring any person violating a rule	32895
adopted or order issued by the superintendent under those sections	32896
to comply with the rule or order. The court of common pleas of the	32897
county in which the offense is alleged to be occurring may grant	32898
injunctive or other appropriate relief.	32899

The superintendent may do all of the following:

32900

(A) Deny an applicant certification as a plumbing inspector;

32901

(B) Suspend or revoke the certification of a plumbing	32902
inspector;	32903

32904

(D) Examine the records and books of any certified plumbing	32905
inspector if the superintendent finds the material to be examined	32906
relevant to a determination described in division (A), (B), or (C)	32907
of this section.	32908

Sec. 3703.21. (A) Within ninety days after September 16,	32909
2004, the superintendent of ~~labor~~industrial compliance shall	32910
appoint a backflow advisory board consisting of not more than ten	32911
members, who shall serve at the pleasure of the superintendent.	32912
The superintendent shall appoint a representative from the	32913
plumbing section of the division of ~~labor~~industrial compliance,	32914
three representatives recommended by the plumbing administrator of	32915
the division of ~~labor~~industrial compliance, a representative of	32916
the drinking water program of the Ohio environmental protection	32917
agency, three representatives recommended by the director of	32918
environmental protection, and not more than two members who are	32919
not employed by the plumbing or water industry.	32920

The board shall advise the superintendent on matters	32921
pertaining to the training and certification of backflow	32922
technicians.	32923

(B) The superintendent shall adopt rules in accordance with	32924
Chapter 119. of the Revised Code to provide for the certification	32925
of backflow technicians. The rules shall establish all of the	32926
following requirements, specifications, and procedures:	32927

(1) Requirements and procedures for the initial certification	32928
of backflow technicians, including eligibility criteria and	32929
application requirements and fees;	32930

(2) Specifications concerning and procedures for taking	32931
examinations required for certification as a backflow technician,	32932
including eligibility criteria to take the examination and	32933
application requirements and fees for taking the examination;	32934

(3) Specifications concerning and procedures for renewing a	32935
certification as a backflow technician, including eligibility	32936
criteria, application requirements, and fees for renewal;	32937

(4) Specifications concerning and procedures for both of the	32938
following:	32939

(a) Approval of training agencies authorized to teach	32940
required courses to candidates for certification as backflow	32941
technicians or continuing education courses to certified backflow	32942
technicians;	32943

(b) Renewal of the approval described in division (B)(4)(a)	32944
of this section.	32945

(5) Education requirements that candidates for initial	32946
certification as backflow technicians must satisfy and continuing	32947
education requirements that certified backflow technicians must	32948
satisfy;	32949

(6) Grounds and procedures for denying, suspending, or	32950
revoking certification, or denying the renewal of certification,	32951
as a backflow technician;	32952

(7) Procedures for issuing administrative orders for the	32953
remedy of any violation of this section or any rule adopted	32954
pursuant to division (B) of this section, including, but not	32955
limited to, procedures for assessing a civil penalty authorized	32956
under division (D) of this section;	32957

(8) Any provision the superintendent determines is necessary	32958
to administer or enforce this section.	32959

(C) No individual shall engage in the installation, testing,	32960
or repair of any isolation backflow prevention device unless that	32961
individual possesses a valid certification as a backflow	32962
technician. This division does not apply with respect to the	32963
installation, testing, or repair of any containment backflow	32964
prevention device.	32965

(D) Whoever violates division (C) of this section or any rule	32966
adopted pursuant to division (B) of this section shall pay a civil	32967
penalty of not more than five thousand dollars for each day that	32968
the violation continues. The superintendent may, by order, assess	32969
a civil penalty under this division, or may request the attorney	32970
general to bring a civil action to impose the civil penalty in the	32971
court of common pleas of the county in which the violation	32972
occurred or where the violator resides.	32973

(E) Any action taken under a rule adopted pursuant to	32974
division (B)(6) of this section is subject to the appeal process	32975
of Chapter 119. of the Revised Code. An administrative order	32976
issued pursuant to rules adopted under division (B)(7) of this	32977
section and an appeal to that type of administrative order shall	32978
be executed in accordance with Chapter 119. of the Revised Code.	32979

(F) As used in this section:

32980

(1) "Isolation backflow prevention device" means a device for	32981
the prevention of the backflow of liquids, solids, or gases that	32982
is regulated by the building code adopted pursuant to section	32983
3781.10 of the Revised Code and rules adopted pursuant to this	32984
section.	32985

(2) "Containment backflow prevention device" means a device	32986
for the prevention of the backflow of liquids, solids, or gases	32987
that is installed by the supplier of, or as a requirement of, any	32988
public water system as defined in division (A) of section 6109.01	32989
of the Revised Code.	32990

Sec. 3703.99. Whoever violates sections 3703.01 to 3703.08	32991
of the Revised Code, or any rule the division of ~~labor~~industrial	32992
compliance is required to enforce under such sections, shall be	32993
fined not less than ten nor more than one hundred dollars or	32994
imprisoned for not less than ten nor more than ninety days, or	32995
both. No person shall be imprisoned under this section for the	32996
first offense, and the prosecution always shall be as for a first	32997
offense unless the affidavit upon which the prosecution is	32998
instituted contains the allegation that the offense is a second or	32999
repeated offense.	33000

Sec. 3704.035. (A) There is hereby created in the state	33001
treasury the Title V clean air fund. Except as otherwise provided	33002
in division (K) of section 3745.11 of the Revised Code, all moneys	33003
collected under ~~divisions (C), (D), (F), (G), (H), (I), and (J)~~	33004
division (B) of that section ~~and under section 3745.111 of the~~	33005
~~Revised Code~~, and any gifts, grants, or contributions received by	33006
the director of environmental protection for the purposes of the	33007
fund, shall be credited to the fund. ~~The director shall expend~~	33008
~~moneys from the fund exclusively to pay the cost of administering~~	33009
~~and enforcing the laws of this state pertaining to the prevention,~~	33010
~~control, and abatement of air pollution and rules adopted and~~	33011
~~terms and conditions of permits, variances, and orders issued~~	33012
~~under those laws, except that the director shall not expend moneys~~	33013
~~credited to the fund for the administration and enforcement of~~	33014
~~motor vehicle inspection and maintenance programs and requirements~~	33015
~~under sections 3704.14, 3704.141, 3704.16, 3704.161, and 3704.162~~	33016
~~of the Revised Code.~~	33017

~~Specifically, the~~The director shall expend all moneys	33018
credited to the fund ~~from fees assessed under section 3745.11 of~~	33019
~~the Revised Code pursuant to the Title V permit program~~	33020
~~established under section 3704.036 of the Revised Code, and from~~	33021
~~any gifts, grants, or contributions received for the purposes of~~	33022
~~that program,~~ solely to administer and enforce ~~that~~the Title V	33023
program pursuant to the federal Clean Air Act, this chapter, and	33024
rules adopted under it, except as costs relating to enforcement	33025
are limited by the federal Clean Air Act. The director shall	33026
establish separate and distinct accounting for all such moneys.	33027

(B) There is hereby created in the state treasury the	33028
non-Title V clean air fund. All money collected under divisions	33029
(D), (F), (G), (H), (I), and (J) of section 3745.11 of the Revised	33030
Code shall be credited to the fund. In addition, any gifts,	33031
grants, or contributions received by the director for the purposes	33032
of the fund shall be credited to the fund.	33033

The director shall expend money in the fund exclusively to	33034
pay the cost of administering and enforcing the laws of this state	33035
pertaining to the prevention, control, and abatement of air	33036
pollution, rules adopted under those laws, and terms and	33037
conditions of permits, variances, and orders issued under those	33038
laws. However, the director shall not expend money credited to the	33039
fund for the administration and enforcement of the Title V permit	33040
program established under this chapter and rules adopted under it	33041
or motor vehicle inspection and maintenance programs established	33042
under sections 3704.14, 3704.141, 3704.16, 3704.161, and 3704.162	33043
of the Revised Code.	33044

(C) The director shall report biennially to the general	33045
assembly the amounts of fees and other moneys credited to the ~~fund~~	33046
funds under this section and the amounts expended from itthem for	33047
each of the various air pollution control programs.	33048

Sec. 3705.24. (A)(1) The ~~public~~director of health ~~council~~	33049
shall, in accordance with section 111.15 of the Revised Code,	33050
adopt rules prescribing fees for the following items or services	33051
provided by the state office of vital statistics:	33052

(a) Except as provided in division (A)(4) of this section:

33053

(i) A certified copy of a vital record or a certification of	33054
birth;	33055

(ii) A search by the office of vital statistics of its files	33056
and records pursuant to a request for information, regardless of	33057
whether a copy of a record is provided;	33058

(iii) A copy of a record provided pursuant to a request.

33059

(b) Replacement of a birth certificate following an adoption,	33060
legitimation, paternity determination or acknowledgement, or court	33061
order;	33062

33063

(d) Amendment of a vital record that is requested later than	33064
one year after the filing date of the vital record;	33065

(e) Any other documents or services for which the ~~public~~	33066
~~health council~~director considers the charging of a fee	33067
appropriate.	33068

(2) Fees prescribed under division (A)(1)(a) of this section	33069
shall not be less than twelve dollars.	33070

(3) Fees prescribed under division (A)(1) of this section	33071
shall be collected in addition to any fees required by sections	33072
3109.14 and 3705.242 of the Revised Code.	33073

(4) Fees prescribed under division (A) of this section shall	33074
not apply to certifications issued under division (H) of this	33075
section or copies provided under section 3705.241 of the Revised	33076
Code.	33077

(B) In addition to the fees prescribed under division (A) of	33078
this section or section 3709.09 of the Revised Code, the office of	33079
vital statistics, the board of health of a city or general health	33080
district, or a local registrar of vital statistics who is not a	33081
salaried employee of a city or general health district shall	33082
charge a five-dollar fee for each certified copy of a vital record	33083
and each certification of birth. This fee shall be deposited in	33084
the general operations fund created under section 3701.83 of the	33085
Revised Code and be used to support the operations, the	33086
modernization, and the automation of the vital records program in	33087
this state. A board of health or a local registrar shall forward	33088
all fees collected under this division to the department of health	33089
not later than thirty days after the end of each calendar quarter.	33090

(C) Except as otherwise provided in division (H) of this	33091
section, and except as provided in section 3705.241 of the Revised	33092
Code, fees collected by the director of health under sections	33093
3705.01 to 3705.29 of the Revised Code shall be paid into the	33094
state treasury to the credit of the general operations fund	33095
created by section 3701.83 of the Revised Code. Except as provided	33096
in division (B) or (I) of this section, money generated by the	33097
fees shall be used only for administration and enforcement of this	33098
chapter and the rules adopted under it. Amounts submitted to the	33099
department of health for copies of vital records or services in	33100
excess of the fees imposed by this section shall be dealt with as	33101
follows:	33102

(1) An overpayment of two dollars or less shall be retained	33103
by the department and deposited in the state treasury to the	33104
credit of the general operations fund created by section 3701.83	33105
of the Revised Code.	33106

(2) An overpayment in excess of two dollars shall be returned	33107
to the person who made the overpayment.	33108

(D) If a local registrar is a salaried employee of a city or	33109
a general health district, any fees the local registrar receives	33110
pursuant to section 3705.23 of the Revised Code shall be paid into	33111
the general fund of the city or the health fund of the general	33112
health district.	33113

Each local registrar of vital statistics, or each health	33114
district where the local registrar is a salaried employee of the	33115
district, shall be entitled to a fee for each birth, fetal death,	33116
death, or military service certificate properly and completely	33117
made out and registered with the local registrar or district and	33118
correctly copied and forwarded to the office of vital statistics	33119
in accordance with the population of the primary registration	33120
district at the last federal census. The fee for each birth, fetal	33121
death, death, or military service certificate shall be:	33122

(1) In primary registration districts of over two hundred	33123
fifty thousand, twenty cents;	33124

(2) In primary registration districts of over one hundred	33125
twenty-five thousand and less than two hundred fifty thousand,	33126
sixty cents;	33127

(3) In primary registration districts of over fifty thousand	33128
and less than one hundred twenty-five thousand, eighty cents;	33129

(4) In primary registration districts of less than fifty	33130
thousand, one dollar.	33131

(E) The director of health shall annually certify to the	33132
county treasurers of the several counties the number of birth,	33133
fetal death, death, and military service certificates registered	33134
from their respective counties with the names of the local	33135
registrars and the amounts due each registrar and health district	33136
at the rates fixed in this section. Such amounts shall be paid by	33137
the treasurer of the county in which the registration districts	33138
are located. No fees shall be charged or collected by registrars	33139
except as provided by this chapter and section 3109.14 of the	33140
Revised Code.	33141

(F) A probate judge shall be paid a fee of fifteen cents for	33142
each certified abstract of marriage prepared and forwarded by the	33143
probate judge to the department of health pursuant to section	33144
3705.21 of the Revised Code. The fee shall be in addition to the	33145
fee paid for a marriage license and shall be paid by the	33146
applicants for the license.	33147

(G) The clerk of a court of common pleas shall be paid a fee	33148
of one dollar for each certificate of divorce, dissolution, and	33149
annulment of marriage prepared and forwarded by the clerk to the	33150
department pursuant to section 3705.21 of the Revised Code. The	33151
fee for the certified abstract of divorce, dissolution, or	33152
annulment of marriage shall be added to the court costs allowed in	33153
these cases.	33154

(H) The fee for an heirloom certification of birth issued	33155
pursuant to division (B)(2) of section 3705.23 of the Revised Code	33156
shall be an amount prescribed by rule by the director of health	33157
plus any fee required by section 3109.14 of the Revised Code. In	33158
setting the amount of the fee, the director shall establish a	33159
surcharge in addition to an amount necessary to offset the expense	33160
of processing heirloom certifications of birth. The fee prescribed	33161
by the director of health pursuant to this division shall be	33162
deposited into the state treasury to the credit of the heirloom	33163
certification of birth fund which is hereby created. Money	33164
credited to the fund shall be used by the office of vital	33165
statistics to offset the expense of processing heirloom	33166
certifications of birth. However, the money collected for the	33167
surcharge, subject to the approval of the controlling board, shall	33168
be used for the purposes specified by the family and children	33169
first council pursuant to section 121.37 of the Revised Code.	33170

(I)(1) Four dollars of each fee collected by the board of	33171
health of a city or general health district for a certified copy	33172
of a vital record or a certification of birth shall be transferred	33173
to the office of vital statistics not later than thirty days after	33174
the end of each calendar quarter. The amount collected shall be	33175
used to support public health systems. Of each four dollars	33176
collected, one dollar shall be used by the director of health to	33177
pay subsidies to boards of health. The subsidies shall be	33178
distributed in accordance with the same formula established under	33179
section 3701.342 of the Revised Code for the distribution of state	33180
health district subsidy funds to boards of health and local health	33181
departments.	33182

(2) Four dollars of each fee collected by a local registrar	33183
of vital statistics who is not a salaried employee of a city or	33184
general health district, for a certified copy of a vital record or	33185
certification of birth, shall be transferred to the office of	33186
vital statistics not later than thirty days after the end of each	33187
calendar quarter. The amount collected shall be used to support	33188
public health systems.	33189

Sec. 3705.30. (A) As used in this section:

33190

(1) "Freestanding birthing center" has the same meaning as in	33191
section ~~3702.51~~3702.141 of the Revised Code.	33192

(2) "Hospital" means a hospital classified under section	33193
3701.07 of the Revised Code as a general hospital or children's	33194
hospital.	33195

(3) "Physician" means an individual authorized under Chapter	33196
4731. of the Revised Code to practice medicine and surgery or	33197
osteopathic medicine and surgery.	33198

(B) The director of health shall establish and, if funds for	33199
this purpose are available, implement a statewide birth defects	33200
information system for the collection of information concerning	33201
congenital anomalies, stillbirths, and abnormal conditions of	33202
newborns.	33203

(C) If the system is implemented under division (B) of this	33204
section, all of the following apply:	33205

(1) The director may require each physician, hospital, and	33206
freestanding birthing center to report to the system information	33207
concerning all patients under five years of age with a primary	33208
diagnosis of a congenital anomaly or abnormal condition. The	33209
director shall not require a hospital, freestanding birthing	33210
center, or physician to report to the system any information that	33211
is reported to the director or department of health under another	33212
provision of the Revised Code or Administrative Code.	33213

(2) On request, each physician, hospital, and freestanding	33214
birthing center shall give the director or authorized employees of	33215
the department of health access to the medical records of any	33216
patient described in division (C)(1) of this section. The	33217
department shall pay the costs of copying any medical records	33218
pursuant to this division.	33219

(3) The director may review vital statistics records and	33220
shall consider expanding the list of congenital anomalies and	33221
abnormal conditions of newborns reported on birth certificates	33222
pursuant to section 3705.08 of the Revised Code.	33223

(D) A physician, hospital, or freestanding birthing center	33224
that provides information to the system under division (C) of this	33225
section shall not be subject to criminal or civil liability for	33226
providing the information.	33227

Sec. 3706.19. (A) There is hereby created in the Ohio air	33228
quality development authority the office of ~~ombudsman~~ombudsperson	33229
for the small business stationary source technical and	33230
environmental compliance assistance program created under section	33231
3704.18 of the Revised Code. The office shall exercise its duties	33232
independently of any other state agency.	33233

(B) ~~Not later than one year after the effective date of this~~	33234
~~section, the~~The governor, with the advice and consent of the	33235
senate, shall appoint the ~~initial ombudsman~~ombudsperson. The	33236
~~ombudsman~~ombudsperson shall serve for a term of four years. The	33237
person who is appointed to serve as the ~~ombudsman~~ombudsperson	33238
shall be experienced in management and in working with private	33239
enterprise and government entities, knowledgeable in the areas of	33240
arbitration and negotiation, experienced in interpreting statutory	33241
and regulatory law, and knowledgeable in investigation techniques	33242
and procedures, recordkeeping, and report writing. The ~~ombudsman~~	33243
ombudsperson may be the highest ranking managerial employee of the	33244
authority.	33245

33246

(1) Ensure that the goals of the program are being met;

33247

(2) Conduct independent evaluations of all aspects of the	33248
program;	33249

(3) Review the development and implementation of air	33250
pollution control requirements that have an impact on small	33251
businesses in the state and provide comments and recommendations,	33252
as appropriate, to the environmental protection agency and the	33253
United States environmental protection agency;	33254

(4) Facilitate and promote the participation of small	33255
businesses in the development of rules to be adopted under Chapter	33256
3704. of the Revised Code that affect small businesses;	33257

(5) Aid in the dissemination of information, including air	33258
pollution requirements and control technologies, to small	33259
businesses and other interested persons;	33260

(6) Provide free, confidential assistance on individual	33261
source problems and grievances presented by small businesses;	33262

(7) Aid in investigating and resolving complaints against,	33263
and disputes involving, the agency from small businesses;	33264

(8) Refer small businesses to the appropriate specialist in	33265
the program from whom they may obtain information and assistance	33266
on affordable alternative technologies, process changes, and	33267
products and operational methods to help reduce air pollution and	33268
accidental releases;	33269

(9) Work with trade associations and small businesses to	33270
effect voluntary compliance with the federal Clean Air Act,	33271
Chapter 3704. of the Revised Code, and rules adopted under it;	33272

(10) Work with other states to establish a network for	33273
sharing information on small businesses and their efforts to	33274
comply with the federal Clean Air Act and state and local air	33275
pollution control laws;	33276

(11) Seek public and private funding sources that can	33277
financially assist small businesses that are in need of moneys to	33278
comply with air pollution control laws;	33279

(12) Conduct studies to evaluate the impacts of the federal	33280
Clean Air Act on the state's economy, local economies, and small	33281
businesses.	33282

(D) There is hereby created in the state treasury the small	33283
business ~~ombudsman~~ombudsperson fund, which shall consist of	33284
moneys transferred to it from the Title V clean air fund created	33285
in section 3704.035 of the Revised Code. Moneys in the fund shall	33286
be used exclusively for the purposes of this section.	33287

The director of environmental protection and the executive	33288
director of the authority annually shall determine the amount of	33289
moneys necessary for the operation of the office of the ~~ombudsman~~	33290
ombudsperson. Thereafter, the director shall request the director	33291
of budget and management to, and that director shall, transfer	33292
that amount of moneys from the Title V clean air fund to the small	33293
business ~~ombudsman~~ombudsperson fund.	33294

(E) There is hereby created in the state treasury the small	33295
business assistance fund, which shall consist of moneys credited	33296
to it under division (K) of section 3745.11 of the Revised Code.	33297
The ~~ombudsman~~ombudsperson shall use moneys in the fund solely to	33298
provide financial assistance to small businesses that have one	33299
hundred or fewer employees and that are having financial	33300
difficulty complying with the "Clean Air Act Amendments of 1990,"	33301
104 Stat. 2399, 42 U.S.C.A. 7401, and regulations adopted under	33302
it.	33303

In accordance with Chapter 119. of the Revised Code, the	33304
~~ombudsman~~ombudsperson shall adopt rules establishing procedures	33305
and requirements governing grants awarded under this division.	33306

Sec. 3709.03. (A) There is hereby created in each general	33307
health district a district advisory council. A council shall	33308
consist of the president of the board of county commissioners, the	33309
chief executive of each municipal corporation not constituting a	33310
city health district, and the president of the board of township	33311
trustees of each township. The board of county commissioners, the	33312
legislative body of a municipal corporation, and the board of	33313
township trustees of a township may select an alternate from among	33314
themselves to serve if the president, the chief executive, or the	33315
president of the board of township trustees is unable to attend	33316
any meeting of the district advisory council. When attending a	33317
meeting on behalf of a council member, the alternate may vote on	33318
any matter on which the member is authorized to vote.	33319

The council shall organize by selecting a chair and secretary	33320
from among its members. The council shall adopt bylaws governing	33321
its meetings, the transaction of business, and voting procedures.	33322

The council shall meet annually in March at a place	33323
determined by the chair and the health commissioner for the	33324
purpose of electing the chair and the secretary, making necessary	33325
appointments to the board of health, receiving and considering the	33326
annual or special reports from the board of health, and making	33327
recommendations to the board of health or to the department of	33328
health in regard to matters for the betterment of health and	33329
sanitation within the district or for needed legislation. The	33330
secretary of the council shall notify the district health	33331
commissioner and the director of health of the proceedings of such	33332
meeting.	33333

Special meetings of the council shall be held on the order of	33334
any of the following:	33335

(1) The director of health;

33336

(2) The board of health;

33337

(3) The lesser of five or a majority of district advisory	33338
council members.	33339

The district health commissioner shall attend all meetings of	33340
the council.	33341

(B) The district advisory council shall appoint four members	33342
of the board of health, and the remaining member shall be	33343
appointed by the health district licensing council established	33344
under section 3709.41 of the Revised Code. At least one member of	33345
the board of health shall be a physician. Appointments shall be	33346
made with due regard to equal representation of all parts of the	33347
district.	33348

(C) If at an annual or special meeting at which a member of	33349
the board of health is to be appointed fewer than a majority of	33350
the members of the district council are present, the council, by	33351
the majority vote of council members present, may organize an	33352
executive committee to make the appointment. An executive	33353
committee shall consist of five council members, including the	33354
president of the board of county commissioners, the council chair,	33355
the council secretary, and two additional council members selected	33356
by majority affirmative vote of the council members present at the	33357
meeting. The additional members selected shall include one	33358
representative of municipal corporations in the district that are	33359
not city health districts and one representative of townships in	33360
the district. If an individual is eligible for more than one	33361
position on the executive committee due to holding a particular	33362
office, the individual shall fill one position on the committee	33363
and the other position shall be filled by a member selected by a	33364
majority affirmative vote of the council members present at the	33365
meeting. A council member's alternate for annual meetings may	33366
serve as the member's alternate at meetings of the executive	33367
committee.	33368

Not later than thirty days after an executive committee is	33369
organized, the committee shall meet and the council chair shall	33370
present to the committee the matter of appointing a member of the	33371
board of health. The committee shall appoint the board member by	33372
majority affirmative vote. In the case of a combined health	33373
district, the executive committee shall appoint only members of	33374
the board of health that are to be appointed by the district	33375
advisory council, unless the contract for administration of health	33376
affairs in the combined district provides otherwise. If a majority	33377
affirmative vote is not reached within thirty days after the	33378
executive committee is organized, the director of health shall	33379
appoint the member of the board of health under the authority	33380
conferred by section 3709.03 of the Revised Code.	33381

If the council fails to meet or appoint a member of the board	33382
of health as required by this section or section 3709.02 of the	33383
Revised Code, the director of health~~, with the consent of the~~	33384
~~public health council,~~ may appoint the member.	33385

Sec. 3709.04. If in any general health district the district	33386
advisory council fails to meet or to select a board of health, the	33387
director of health may~~, with the consent of the public health~~	33388
~~council,~~ appoint a board of health for such district which shall	33389
have and exercise all powers conferred on a board of health of a	33390
general health district.	33391

Sec. 3709.06. If any city fails to establish a board of	33392
health under section 3709.05 of the Revised Code, the director of	33393
health~~, with the approval of the public health council,~~ may	33394
appoint a health commissioner for such city, and fix ~~his~~the	33395
commissioner's salary and term of office. Such commissioner shall	33396
have the same powers and perform the duties granted to or imposed	33397
upon a board of health of a city health district, except that	33398
rules, regulations, or orders of a general nature, made by ~~him~~the	33399
commissioner and required to be published, shall be approved by	33400
the director. The salary of such commissioner and all necessary	33401
expenses incurred by ~~him~~the commissioner in performing the duties	33402
of the board shall be paid by and be a valid claim against such	33403
city.	33404

Sec. 3709.08. (A) A ~~city constituting~~board of health of a	33405
city or general health district or the authority having the duties	33406
of a board of health under section 3709.05 of the Revised Code may	33407
enter into a contract ~~for~~to provide some or all public health	33408
~~service with the chief executive~~services for a board of health of	33409
another city ~~constituting a city~~or general health district or the	33410
authority having the duties of a board of health under section	33411
3709.05 of the Revised Code, if one of the following, as	33412
applicable, is the case:	33413

(1) If the contract is with a city constituting a city health	33414
district, the chief executive of that city, with the approval of a	33415
the majority of the members of the legislative authority of ~~such~~	33416
that city ~~or with~~approves the contract.	33417

(2) If the contract is with the board of health of a general	33418
health district, the ~~chairman~~chairperson of the district advisory	33419
council of the general health district, with the approval of a	33420
majority of the members of the district advisory council, approves	33421
the contract.	33422

(3) If the contract is with an authority having the duties of	33423
a board of health under section 3709.05 of the Revised Code, the	33424
majority of the members of the authority's governing body approves	33425
the contract. ~~Such proposal shall be made by the city seeking~~	33426
~~health service and shall be approved by a majority of the members~~	33427
~~of the legislative authority of such city. Such a~~	33428

(B) Each contract entered into under division (A) of this	33429
section shall do all of the following:	33430

~~(A)~~(1) State the amount of money or the proportion of	33431
expenses to be paid by the ~~city~~board of health or authority	33432
having the duties of a board of health for such ~~service~~services	33433
and how it is to be paid;	33434

~~(B) Provide for~~(2) Specify the amount and character of	33435
~~health service~~services to be ~~given to the city health district~~	33436
provided;	33437

~~(C)~~(3) State the date on which ~~such service~~the provision of	33438
services shall begin;	33439

~~(D)~~(4) State the length of time ~~such~~the contract ~~shall~~will	33440
be in effect.	33441

~~No such~~(C) Except as provided in division (D) of this	33442
section, no contract entered into under division (A) of this	33443
section shall be in effect until the ~~department~~director of health	33444
determines that the ~~health department or~~ board of health ~~of the~~	33445
~~city or general health district providing such service~~or	33446
authority having the duties of a board of health that is to	33447
provide the services is organized and equipped to provide ~~adequate~~	33448
~~health service~~the services. After such ~~contract has been approved~~	33449
~~by the department of health~~a determination is made, the board of	33450
health or ~~health department of the city or general health district~~	33451
authority having the duties of a board of health providing ~~such~~	33452
~~service~~the services shall have, within the ~~city~~ health district	33453
receiving ~~such service~~the services, all the powers and shall	33454
perform all the duties required of the board of health ~~of a city~~	33455
~~health district~~or the authority having the duties of a board of	33456
health.	33457

(D) A contract entered into under division (A) of this	33458
section that is for not all but for only one or some public health	33459
services provided by a board of health or the authority having the	33460
duties of a board of health shall be effective immediately. The	33461
effectiveness of such a contract is not dependent on a	33462
determination made by the director of health that is described in	33463
division (C) of this section.	33464

Sec. 3709.085. (A) The board of health of a city or general	33465
health district may enter into a contract with any political	33466
subdivision or other governmental agency to obtain or provide all	33467
or part of any services, including, but not limited to,	33468
enforcement services, for the purposes of Chapter 3704. of the	33469
Revised Code, the rules adopted and orders made pursuant thereto,	33470
or any other ordinances or rules for the prevention, control, and	33471
abatement of air pollution.	33472

(B)(1) As used in division (B)(2) of this section:

33473

(a) "Semipublic disposal system" means a disposal system that	33474
treats the sanitary sewage discharged from publicly or privately	33475
owned buildings or places of assemblage, entertainment,	33476
recreation, education, correction, hospitalization, housing, or	33477
employment, but does not include a disposal system that treats	33478
sewage in amounts of more than twenty-five thousand gallons per	33479
day; a disposal system for the treatment of sewage that is exempt	33480
from the requirements of section 6111.04 of the Revised Code	33481
pursuant to division (F)(7) of that section; or a disposal system	33482
for the treatment of industrial waste.	33483

(b) Terms defined in section 6111.01 of the Revised Code have	33484
the same meanings as in that section.	33485

(2) The board of health of a city or general health district	33486
may enter into a contract with the environmental protection agency	33487
to conduct on behalf of the agency inspection or enforcement	33488
services, for the purposes of Chapter 6111. of the Revised Code	33489
and rules adopted thereunder, for the disposal or treatment of	33490
sewage from semipublic disposal systems. The board of health of a	33491
city or general health district may charge a fee established	33492
pursuant to section 3709.09 of the Revised Code to be paid by the	33493
owner or operator of a semipublic disposal system for inspections	33494
conducted by the board pursuant to a contract entered into under	33495
division (B)(2) of this section, except that the board shall not	33496
charge a fee for those inspections conducted at any recreational	33497
vehicle park, recreation camp, or combined park-camp that is	33498
licensed under section 3729.05 of the Revised Code or at any	33499
manufactured home park that is licensed under section ~~3733.03~~	33500
4781.27 of the Revised Code.	33501

Sec. 3709.09. (A) The board of health of a city or general	33502
health district may, by rule, establish a uniform system of fees	33503
to pay the costs of any services provided by the board.	33504

The fee for issuance of a certified copy of a vital record or	33505
a certification of birth shall not be less than the fee prescribed	33506
for the same service under division (A)(1) of section 3705.24 of	33507
the Revised Code and shall include the fees required by division	33508
(B) of section 3705.24 and section 3109.14 of the Revised Code.	33509

Fees for services provided by the board for purposes	33510
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	33511
3730.03, and 3749.04 of the Revised Code shall be established in	33512
accordance with rules adopted under division (B) of this section.	33513
The district advisory council, in the case of a general health	33514
district, and the legislative authority of the city, in the case	33515
of a city health district, may disapprove any fee established by	33516
the board of health under this division, and any such fee, as	33517
disapproved, shall not be charged by the board of health.	33518

(B) The ~~public~~director of health ~~council~~ shall adopt rules	33519
under section 111.15 of the Revised Code that establish fee	33520
categories and a uniform methodology for use in calculating the	33521
costs of services provided for purposes specified in sections	33522
3701.344, 3711.10, 3718.06, 3729.07, 3730.03, and 3749.04 of the	33523
Revised Code. In adopting the rules, the ~~public health council~~	33524
director shall consider recommendations it receives from advisory	33525
boards established either by statute or the director ~~of health~~ for	33526
entities subject to the fees.	33527

(C) Except when a board of health establishes a fee by	33528
adopting a rule as an emergency measure, the board of health shall	33529
hold a public hearing regarding each proposed fee for a service	33530
provided by the board for a purpose specified in section 3701.344,	33531
3711.10, 3718.06, 3729.07, 3730.03, or 3749.04 of the Revised	33532
Code. If a public hearing is held, at least twenty days prior to	33533
the public hearing the board shall give written notice of the	33534
hearing to each entity affected by the proposed fee. The notice	33535
shall be mailed to the last known address of each entity and shall	33536
specify the date, time, and place of the hearing and the amount of	33537
the proposed fee.	33538

(D) If payment of a fee established under this section is not	33539
received by the day on which payment is due, the board of health	33540
shall assess a penalty. The amount of the penalty shall be equal	33541
to twenty-five per cent of the applicable fee.	33542

(E) All rules adopted by a board of health under this section	33543
shall be adopted, recorded, and certified as are ordinances of	33544
municipal corporations and the record thereof shall be given in	33545
all courts the same effect as is given such ordinances, but the	33546
advertisements of such rules shall be by publication in one	33547
newspaper of general circulation within the health district.	33548
Publication shall be made once a week for two consecutive weeks or	33549
as provided in section 7.16 of the Revised Code, and such rules	33550
shall take effect and be in force ten days from the date of the	33551
first publication.	33552

Sec. 3709.092. (A) A board of health of a city or general	33553
health district shall transmit to the director of health all fees	33554
or additional amounts that the ~~public health council~~director	33555
requires to be collected under sections 3701.344, 3718.06,	33556
3729.07, and 3749.04 of the Revised Code. The fees and amounts	33557
shall be transmitted according to the following schedule:	33558

(1) For fees and amounts received by the board on or after	33559
the first day of January but not later than the thirty-first day	33560
of March, transmit the fees and amounts not later than the	33561
fifteenth day of May;	33562

(2) For fees and amounts received by the board on or after	33563
the first day of April but not later than the thirtieth day of	33564
June, transmit the fees and amounts not later than the fifteenth	33565
day of August;	33566

(3) For fees and amounts received by the board on or after	33567
the first day of July but not later than the thirtieth day of	33568
September, transmit the fees and amounts not later than the	33569
fifteenth day of November;	33570

(4) For fees and amounts received by the board on or after	33571
the first day of October but not later than the thirty-first day	33572
of December, transmit the fees and amounts not later than the	33573
fifteenth day of February of the following year.	33574

(B) The director shall deposit the fees and amounts received	33575
under this section into the state treasury to the credit of the	33576
general operations fund created in section 3701.83 of the Revised	33577
Code. Each amount shall be used solely for the purpose for which	33578
it was collected.	33579

Sec. 3709.28. ~~The~~(A) If a general health district will	33580
receive any part of its revenue for a fiscal year from an	33581
appropriation apportioned among the townships and municipal	33582
corporations composing the district, the board of health of a	33583
~~general health~~the district shall~~, annually, on or before the~~	33584
~~first Monday of April,~~ adopt an itemized appropriation measure.	33585
~~Such~~under this section for that fiscal year on or before the	33586
first day of April of the immediately preceding fiscal year. If a	33587
general health district will not receive any part of its revenue	33588
for a fiscal year from an appropriation apportioned among the	33589
townships and municipal corporations composing the district, the	33590
board of health of the district shall adopt an annual	33591
appropriation measure for that fiscal year under this section or	33592
sections 5705.38, 5705.39, and 5705.40 of the Revised Code.	33593

(B) An appropriation measure adopted under this section shall	33594
set forth the amounts for the current expenses of ~~such~~the	33595
district for the ensuing fiscal year ~~beginning on the first day of~~	33596
~~January next ensuing~~. The appropriation measure, together with an	33597
estimate in itemized form, of the several sources of revenue	33598
available to the district, including the amount due from the state	33599
for the next fiscal year as provided in section 3709.32 of the	33600
Revised Code and the amount which the board anticipates will be	33601
collected in fees or from any tax levied for the benefit of the	33602
district under this chapter or Chapter 5705. of the Revised Code	33603
during the ~~next ensuing~~ fiscal year, shall be certified to the	33604
county auditor and by the county auditor submitted to the county	33605
budget commission, which may reduce ~~any item in such~~the	33606
appropriation ~~measure but may not increase any item or the~~	33607
~~aggregate of all items~~to be apportioned among the townships and	33608
municipal corporations composing the district in accordance with	33609
division (C) of this section.	33610

(C) The aggregate appropriation, as fixed by the commission,	33611
less the amounts available to the general health district from ~~the~~	33612
~~several~~all sources of revenue~~, including the estimated balance~~	33613
~~from the previous appropriation~~certified for the ensuing fiscal	33614
year, including any amounts in the district health fund that will	33615
be carried forward to the ensuing fiscal year as needed to fund	33616
ongoing operations in the ensuing fiscal year, shall be	33617
apportioned, by the county auditor among the townships and	33618
municipal corporations composing the health district on the basis	33619
of taxable valuations in such townships and municipal	33620
corporations. The auditor, when making the auditor's semiannual	33621
apportionment of funds, shall retain at each semiannual	33622
apportionment one-half of the amount apportioned to each township	33623
and municipal corporation. Such moneys ~~and all other sources of~~	33624
~~revenue~~ shall be placed in a separate fund, to be known as the	33625
"district health fund." ~~When~~Unless otherwise required by a	33626
provision of the Revised Code or a rule adopted pursuant thereto,	33627
all other sources of revenue of the district shall be placed in	33628
the district health fund, provided that the revenue is used and	33629
maintained in accordance with the purpose for which the revenue	33630
was received.	33631

(D) When a general health district is composed of townships	33632
and municipal corporations in two or more counties, the county	33633
auditor making the original apportionment shall certify to the	33634
auditor of each county concerned the amount apportioned to each	33635
township and municipal corporation in such county. Each auditor	33636
shall withhold from the semiannual apportionment to each such	33637
township or municipal corporation the amount certified, and shall	33638
pay the amounts withheld to the custodian of the funds of the	33639
health district concerned, to be credited to the district health	33640
fund. In making the apportionment under this paragraph for each	33641
year from 2002 through 2016, the county auditor shall add to the	33642
taxable valuation of each township and municipal corporation the	33643
tax value loss determined for each township and municipal	33644
corporation under divisions (D) and (E) of section 5727.84 of the	33645
Revised Code multiplied by the percentage used for that year in	33646
determining replacement payments under division (A)(1) of section	33647
5727.86 of the Revised Code. The tax commissioner shall certify to	33648
the county auditor the tax value loss for each township and	33649
municipal corporation for which the auditor must make an	33650
apportionment.	33651

(E) Subject to the aggregate amount as has been apportioned	33652
among the townships and municipalities and as may become available	33653
from the several sources of revenue, the board of health may, by	33654
resolution, transfer funds from one item in their appropriation to	33655
another item, reduce or increase any item, create new items, and	33656
make additional appropriations or reduce the total appropriation.	33657
Any such action shall forthwith be certified by the secretary of	33658
the board of health to the auditor for submission to and approval	33659
by the budget commission.	33660

(F) When any general health district has been united with or	33661
has contracted with a city health district located therein, the	33662
chief executive of the city shall, annually, on or before the	33663
first day of June, certify to the county auditor the total amount	33664
due for the ensuing fiscal year from the municipal corporations	33665
and townships in the district as provided in the contract between	33666
such city and the district advisory council of the original	33667
general health district. After approval by the county budget	33668
commission, the county auditor shall thereupon apportion the	33669
amount certified to the townships and municipal corporations, and	33670
shall withhold the sums apportioned as provided in this section.	33671

Sec. 3709.32. The president of each board of health	33672
providing health services in one or more health districts and the	33673
chief executive officer of each health department providing health	33674
services in one or more health districts shall, on or before the	33675
first day of March of each year, certify the amounts expended	33676
during the preceding calendar year which qualify for state health	33677
district subsidy funds under section 3701.342 of the Revised Code	33678
and rules ofadopted by the ~~public~~director of health ~~council~~. The	33679
director of health shall certify the amount payable under the	33680
state health district subsidy funds distribution formula adopted	33681
by the ~~public~~director of health ~~council~~ under section 3701.342 of	33682
the Revised Code to the director of budget and management for	33683
payment. Payment shall not be made unless:	33684

(A) The board or department has provided such information	33685
concerning services and costs as is requested by the director of	33686
health;	33687

(B) The certificate of the board of health or health	33688
department has been endorsed by the director of health;	33689

(C) The board or department has complied with section	33690
3701.342 of the Revised Code and ~~public health council~~ rules	33691
adopted by the director of health;	33692

(D) The municipal corporations and townships composing the	33693
health district have provided adequate local funding for public	33694
health services. The ~~public~~director of health ~~council~~ shall	33695
determine what constitutes adequate local funding, and may grant	33696
an exception to this requirement to a municipal corporation or	33697
township if unusually severe economic conditions prevent it from	33698
receiving adequate tax revenues to help support minimally	33699
acceptable public health services.	33700

No state health district subsidy funds shall be granted to	33701
any board or department that decreases its appropriation for	33702
public health services in anticipation of using state funds to	33703
provide public health services normally supported by local	33704
revenues.	33705

Sec. 3709.34. (A) The ~~board of county commissioners or the~~	33706
legislative authority of any city may furnish suitable quarters	33707
for any board of health or health department having jurisdiction	33708
over all or a major part of ~~such county or~~that city.	33709

(B)(1) Subject to division (B)(6) of this section, a board of	33710
county commissioners shall provide office space and utilities	33711
through fiscal year 2013 for the board of health having	33712
jurisdiction over the county's general health district.	33713
Thereafter, subject to division (B)(6) of this section, the board	33714
of county commissioners shall make payments as provided in	33715
division (B)(3) of this section for the office space and utilities	33716
until fiscal year 2018. Starting in fiscal year 2018, the board	33717
has no duty to provide the office space or utilities, or to make	33718
payments for the office space or utilities, for the board of	33719
health of the county's general health district.	33720

(2)(a) Not later than the thirtieth day of September 2012,	33721
2013, 2014, and 2015, the board of county commissioners shall make	33722
a written estimate of the total cost for the ensuing fiscal years	33723
2014, 2015, 2016, and 2017, respectively, to provide office space	33724
and utilities to the board of health of the county's general	33725
health district. The estimate of total cost shall include all of	33726
the following:	33727

(i) The total square feet of space to be used by the board of	33728
health;	33729

(ii) The total square feet of any common areas that should be	33730
reasonably allocated to the board of health and the method for	33731
making this allocation;	33732

(iii) The actual cost per square foot for both the space used	33733
by and the common areas allocated to the board of health;	33734

(iv) An explanation of the method used to determine the	33735
actual cost per square foot;	33736

(v) The estimated cost of providing utilities, including an	33737
explanation of how this cost was determined;	33738

(vi) Any other estimated costs the board of county	33739
commissioners anticipates will be incurred to provide office space	33740
and utilities to the board of health, including a detailed	33741
explanation of those costs and the rationale used to determine	33742
them.	33743

(b) The board of county commissioners shall forward a copy of	33744
the estimate of total cost to the director of the board of health	33745
not later than the fifth day of October 2012, 2013, 2014, and	33746
2015. The director shall review the estimate and, not later than	33747
twenty days after its receipt, notify the board of county	33748
commissioners that the director agrees with the estimate, or	33749
objects to it giving specific reasons for the objections.	33750

(c) If the director agrees with the estimate, it shall become	33751
the final estimate of total cost. Failure of the director to make	33752
objections to the estimate by the twentieth day after its receipt	33753
shall be deemed to mean that the director is in agreement with the	33754
estimate.	33755

(d) If the director timely objects to the estimate and	33756
provides specific objections to the board of county commissioners,	33757
the board shall review the objections and may modify the original	33758
estimate and send a revised estimate of total cost to the director	33759
within ten days after receipt of the objections. The director	33760
shall respond to a revised estimate within ten days after its	33761
receipt. If the director agrees with it, the revised estimate	33762
shall become the final estimate of total cost. If the director	33763
fails to respond within the ten-day period, the director shall be	33764
deemed to have agreed with the revised estimate. If the director	33765
disagrees with the revised estimate, the director shall send	33766
specific objections to the board of county commissioners within	33767
the ten-day period.	33768

(e) If the director timely objected to the original estimate	33769
or sends specific objections to a revised estimate within the	33770
required time, or if there is no revised estimate, the probate	33771
judge of the county shall determine the final estimate of total	33772
cost and certify this amount to the director and the board of	33773
county commissioners before the first day of January 2013, 2014,	33774
2015, or 2016, as applicable.	33775

(3)(a) Subject to division (B)(6) of this section, a board of	33776
county commissioners shall be responsible for the following	33777
percentages of the final estimate of total cost established by	33778
division (B)(2) of this section:	33779

(i) Eighty per cent for fiscal year 2014;

33780

(ii) Sixty per cent for fiscal year 2015;

33781

(iii) Forty per cent for fiscal year 2016;

33782

(iv) Twenty per cent for fiscal year 2017.

33783

(b) In fiscal years 2014, 2015, 2016, and 2017, the board of	33784
health of the county's general health district shall be	33785
responsible for the payment of the remainder of any costs incurred	33786
in excess of the amount payable under division (B)(3)(a)(i), (ii),	33787
(iii), or (iv) of this section, as applicable, for the provision	33788
of office space and utilities for the board of health, including	33789
any unanticipated or unexpected increases in costs beyond the	33790
final estimate of total cost.	33791

(c) Beginning in fiscal year 2018, the board of county	33792
commissioners has no obligation to provide office space or	33793
utilities, or to make payments for office space or utilities, for	33794
the board of health.	33795

(4) After fiscal year 2017, the board of county commissioners	33796
and the board of health of the county's general health district	33797
may enter into a contract for the board of county commissioners to	33798
provide office space for the use of the board of health and to	33799
provide utilities for that office space. The term of the contract	33800
shall not exceed four years and may be renewed for additional	33801
periods not to exceed four years.	33802

(5) Notwithstanding divisions (B)(1) to (4) of this section,	33803
in any fiscal year the board of county commissioners, in its	33804
discretion, may provide office space and utilities for the board	33805
of health of the county's general health district free of charge.	33806

(6) If the board of health of a general health district	33807
rents, leases, lease-purchases, or otherwise acquires office space	33808
to facilitate the performance of its functions, or constructs,	33809
enlarges, renovates, or otherwise modifies buildings or other	33810
structures to provide office space to facilitate the performance	33811
of its functions, the board of county commissioners of the county	33812
served by the general health district has no further obligation	33813
under division (B) of this section to provide office space or	33814
utilities, or to make payments for office space or utilities, for	33815
the board of health, unless the board of county commissioners	33816
enters into a contract with the board of health under division	33817
(B)(4) of this section, or exercises its option under division	33818
(B)(5) of this section.	33819

Sec. 3709.35. If the director of health ~~finds~~charges that	33820
the health commissioner or a member of the board of health of a	33821
health district is guilty of misfeasance, malfeasance, or	33822
nonfeasance or has failed to perform any or all of the duties	33823
required by sections 3701.10, 3701.29, 3701.81, 3707.08, 3707.14,	33824
3707.16, 3707.47, and 3709.01 to 3709.36 of the Revised Code, the	33825
director ~~shall prefer a charge against the commissioner or board~~	33826
~~member before the public health council and~~ shall notify the	33827
commissioner or board member as to the time and place at which	33828
such charges will be heard. If the ~~council~~director, after	33829
hearing, finds the commissioner or board member guilty of the	33830
charge, it may remove such commissioner or member from office.	33831

If the lesser of three or one-fifth of the members of a	33832
district advisory council have reason to believe a member of the	33833
board of health of a general health district is guilty of	33834
misfeasance, malfeasance, or nonfeasance or has failed to perform	33835
any or all of the duties required by sections 3701.10, 3701.29,	33836
3701.81, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the	33837
Revised Code, the district advisory council members shall prefer a	33838
charge against the board member before the district advisory	33839
council and shall notify the board member as to the time and place	33840
at which such charges will be heard. If a majority of the council,	33841
after hearing, finds the board member guilty of the charge, it may	33842
remove the member from office.	33843

When any member of the board of health of a general or city	33844
health district is removed from office, the district advisory	33845
council or the chief executive of the city, upon notice of such	33846
removal, shall within thirty days after receipt of such notice	33847
fill the vacancy in accordance with section 3709.03 or 3709.05 of	33848
the Revised Code.	33849

Sec. 3709.36. The board of health of a city or general	33850
health district hereby created shall exercise all the powers and	33851
perform all the duties formerly conferred and imposed by law upon	33852
the board of health of a municipal corporation, and all such	33853
powers, duties, procedure, and penalties for violation of the	33854
sanitary regulations of a board of health of a municipal	33855
corporation are transferred to the board of health of a city or	33856
general health district by sections 3701.10, 3701.29, 3701.81,	33857
3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the	33858
Revised Code.	33859

The board of health of a city or general health district or	33860
the authority having the duties of a board of health under section	33861
3709.05 of the Revised Code shall, for the purpose of providing	33862
public health services, be a body politic and corporate. As such,	33863
it is capable of suing and being sued, contracting and being	33864
contracted with, acquiring, holding, possessing, and disposing of	33865
real and personal property, and taking and holding in trust for	33866
the use and benefit of such district or authority any grant or	33867
devise of land and any domain or bequest of money or other	33868
personal property.	33869

Sec. 3710.01. As used in this chapter:

33870

(A) "Asbestos" means the asbestiform varieties of chrysotile	33871
or serpentine, amosite or cummingtonitegrunerite, crocidolite or	33872
riebeckite, actinolite, tremolite, and anthophylite.	33873

(B) "Asbestos hazard abatement activity" means any activity	33874
involving the removal, renovation, enclosure, repair, or	33875
encapsulation of reasonably related friable asbestos-containing	33876
materials in an amount greater than fifty linear feet or fifty	33877
square feet. "Asbestos hazard abatement activity" also includes	33878
any such activity involving such asbestos-containing materials in	33879
an amount of fifty linear or fifty square feet or less if, when	33880
combined with any other reasonably related activity in terms of	33881
time and location of the activity, the total amount is in an	33882
amount greater than fifty linear or fifty square feet.	33883

(C) "Asbestos hazard abatement contractor" means a business	33884
entity or public entity that engages in or intends to engage in	33885
asbestos hazard abatement activities and that employs or	33886
supervises one or more asbestos hazard abatement specialists for	33887
asbestos hazard abatement activities. "Asbestos hazard abatement	33888
contractor" does not mean an employee of an asbestos hazard	33889
abatement contractor, a general contractor who subcontracts to an	33890
asbestos hazard abatement contractor an asbestos hazard abatement	33891
activity, or any individual who engages in asbestos hazard	33892
abatement activity in ~~his~~the individual's own home.	33893

(D) "Asbestos hazard abatement project" means one or more	33894
asbestos hazard abatement activities that are conducted by one	33895
asbestos hazard abatement contractor and that are reasonably	33896
related to each other.	33897

(E) "Asbestos hazard abatement specialist" means a person	33898
with responsibility for the oversight or supervision of asbestos	33899
hazard abatement activities, including asbestos hazard abatement	33900
project managers, hazard abatement project supervisors and	33901
foremen, and employees of school districts or other governmental	33902
or public entities who coordinate or directly supervise or oversee	33903
asbestos hazard abatement activities performed by school district,	33904
governmental, or other public employees in school district,	33905
governmental, or other public buildings.	33906

(F) "Asbestos hazard evaluation specialist" means a person	33907
responsible for the identification, detection, and assessment of	33908
asbestos-containing materials, the determination of appropriate	33909
response actions, or the preparation of asbestos management plans	33910
for the purpose of protecting the public health from the hazards	33911
associated with exposure to asbestos, including the performance of	33912
air and bulk sampling. This category of specialists includes	33913
management planners, health professionals, industrial hygienists,	33914
private consultants, or other individuals involved in asbestos	33915
risk identification or assessment or regulatory activities.	33916

(G) "Business entity" means a partnership, firm, association,	33917
corporation, sole proprietorship, or other business concern.	33918

(H) "Public entity" means the state or any of its political	33919
subdivisions or any agency or instrumentality of either.	33920

(I) "License" means a document issued by the department of	33921
health to a business entity or public entity affirming that the	33922
entity has met the requirements set forth in this chapter to	33923
engage in asbestos hazard abatement activities as an asbestos	33924
hazard abatement contractor.	33925

(J) "Certificate" means:

33926

(1) A document issued by the department to an individual	33927
affirming that the individual has successfully completed the	33928
training and other requirements set forth in this chapter to	33929
qualify as an asbestos hazard abatement specialist, an asbestos	33930
hazard evaluation specialist, an asbestos hazard abatement worker,	33931
an asbestos hazard abatement project designer, an asbestos hazard	33932
abatement air-monitoring technician, an approved asbestos hazard	33933
training provider, or other category of asbestos hazard specialist	33934
that the ~~public health council~~director establishes by rule; or	33935

(2) A document issued by a training institution in accordance	33936
with rules adopted by the ~~public health council~~director affirming	33937
that an individual has successfully completed the instruction	33938
required in all categories as provided in sections 3710.07 and	33939
3710.10 of the Revised Code.	33940

(K) "Person" means any individual, business entity,	33941
governmental body, or other public or private entity.	33942

(L) "Encapsulate" means to coat, bind, or resurface walls,	33943
ceilings, pipes, or other structures to prevent friable asbestos	33944
from becoming airborne.	33945

(M) "Friable asbestos-containing material" means any material	33946
that contains more than one per cent asbestos by weight and that	33947
can be crumbled, pulverized, or reduced to powder, when dry, by	33948
hand pressure.	33949

(N) "Enclosure" means the permanent confinement of friable	33950
asbestos-containing materials with an airtight barrier in an area	33951
not used as an air plenum.	33952

(O) "Renovation" means the removal or stripping of friable	33953
asbestos-containing materials used on any pipe, duct, boiler,	33954
tank, reactor, turbine, furnace, or load supporting member.	33955

(P) "Asbestos hazard abatement worker" means the person	33956
responsible in a nonsupervisory capacity for the performance of an	33957
asbestos hazard abatement activity.	33958

(Q) "Asbestos hazard abatement project designer" means the	33959
person responsible for the determination of the workscope, work	33960
sequence, or performance standards for an asbestos hazard	33961
abatement activity, including preparation of specifications,	33962
plans, and contract documents.	33963

(R) "Director" means the director of health or ~~his~~the	33964
director's authorized representative.	33965

(S) "Clearance air sampling" means an air sampling performed	33966
after the completion of any asbestos hazard abatement activity and	33967
prior to the reoccupation of the contained work area by the public	33968
and conducted for the purpose of protecting the public from the	33969
health hazards associated with exposure to friable	33970
asbestos-containing material.	33971

(T) "Asbestos hazard abatement air-monitoring technician"	33972
means the person who is responsible for environmental monitoring	33973
or work area clearance air sampling, including air monitoring	33974
performed to determine completion of response actions under the	33975
rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United	33976
States environmental protection agency pursuant to the "Asbestos	33977
Hazard Emergency Response Act of 1986," Pub. L. 99-519, 100 Stat.	33978
2970. "Asbestos hazard abatement air-monitoring technician" does	33979
not mean an industrial hygienist or industrial hygienist in	33980
training, certified by the American board of industrial hygiene.	33981

Sec. 3710.02. (A) ~~Subject to~~In accordance with Chapter 119.	33982
of the Revised Code, the ~~public~~director of health ~~council~~ shall,	33983
as itthe director determines necessary, adopt rules to carry out	33984
this chapter. The rules shall include all of the following:	33985

(1) Criteria and procedures for the certification of asbestos	33986
hazard abatement specialists, asbestos hazard evaluation	33987
specialists, asbestos hazard abatement workers, asbestos hazard	33988
abatement project designers, and asbestos hazard abatement	33989
air-monitoring technicians by the director of health;	33990

(2) Criteria and procedures for the director to examine the	33991
records of licensees, certificate holders, and asbestos hazard	33992
abatement training schools;	33993

(3) Procedures and criteria in addition to those provided in	33994
this chapter for the approval of courses for asbestos hazard	33995
training;	33996

(4) Fees for licenses, certifications, and course approvals	33997
in excess of the levels set in section 3710.05 of the Revised Code	33998
and fees for the certification of asbestos hazard abatement	33999
air-monitoring technicians;	34000

(5) Levels of asbestos exposure or other circumstances	34001
constituting a public health emergency that authorize the director	34002
to issue an emergency order under division (B) of section 3710.13	34003
of the Revised Code;	34004

(6) Employee training standards, work practices that reduce	34005
the risk of contamination and recontamination of the environment,	34006
record-keeping requirements, action levels, project clearance	34007
levels, and other requirements that asbestos hazard abatement	34008
contractors, asbestos hazard abatement specialists, asbestos	34009
hazard evaluation specialists, asbestos hazard abatement project	34010
designers, asbestos hazard abatement air-monitoring technicians,	34011
asbestos hazard abatement workers, and other persons involved with	34012
asbestos hazard abatement activities must follow for the	34013
prevention of hazard to the public;	34014

(7) Worker protection equipment and practices and other	34015
health and safety standards for employees and agents of public	34016
entities coming in contact with asbestos through asbestos hazard	34017
abatement activity;	34018

(8) Standards of acceptable conduct for licensees and	34019
certificate holders engaged in asbestos hazard abatement or	34020
evaluation activities and acts and omissions that constitute	34021
grounds for the suspension or revocation of a license or	34022
certificate, or the denial of an application or renewal of a	34023
license or certificate in addition to those otherwise provided in	34024
this chapter;	34025

(9) Training requirements for asbestos hazard abatement	34026
project designers and asbestos hazard abatement air-monitoring	34027
technicians;	34028

(10)(a) Subject to the condition specified in division	34029
(A)(10)(b) of this section, a standard requiring that the amount	34030
of asbestos contained in the air in areas accessible to the public	34031
in buildings that are owned, operated, or leased by a public	34032
entity be not more than ten thousand asbestos fibers longer than	34033
five microns per cubic meter of air calculated as an eight-hour	34034
time-weighted average, which is measured during periods of normal	34035
building occupancy, and a requirement that measurement of airborne	34036
asbestos be made by either or both of the following methods,	34037
provided that results derived by use of the method described in	34038
division (A)(10)(a)(i) of this section supersede results derived	34039
by use of the method described in division (A)(10)(a)(ii) of this	34040
section if both methods are used and the methods yield conflicting	34041
results concerning the presence of fibers in the tested air that	34042
may not be asbestos:	34043

(i) Transmission electron microscopy in the manner described	34044
in the measurement protocol established by the United States	34045
environmental protection agency as set forth in 40 C.F.R. 763;	34046

(ii) Optical phase contrast microscopy in the manner	34047
described in the measurement protocol established by the United	34048
States occupational safety and health administration as set forth	34049
in 29 C.F.R. 1910.	34050

(b) The ~~public health council~~director periodically shall	34051
review the standard required by division (A)(10)(a) of this	34052
section and determine whether and how it should be amended and how	34053
it shall be used in conjunction with visual and physical	34054
assessment of asbestos-containing materials located in buildings	34055
that are owned, operated, or leased by a public entity to	34056
determine appropriate and cost-effective response actions to such	34057
asbestos-containing materials and shall amend the standard if it	34058
determines that such action is necessary.	34059

(11) Other rules that the ~~public health council~~director	34060
determines necessary for the implementation of this chapter and to	34061
protect the public health from the hazards associated with	34062
exposure to asbestos.	34063

(B) The director shall do all of the following:

34064

(1) Administer and enforce this chapter and the rules ~~of the~~	34065
~~public health council~~ adopted pursuant thereto;	34066

(2) Develop comprehensive programs and policies for the	34067
control and prevention of nonoccupational exposure of the public	34068
to friable asbestos-containing materials;	34069

(3) Ensure that persons are trained and licensed or	34070
certified, where appropriate, in accordance with this chapter and	34071
the rules ~~of the public health council~~ adopted pursuant thereto;	34072

(4) Examine those records of licensed asbestos hazard	34073
abatement contractors, certified asbestos hazard abatement	34074
specialists, asbestos hazard evaluation specialists, asbestos	34075
hazard abatement project designers, asbestos hazard abatement	34076
air-monitoring technicians, and asbestos hazard training courses	34077
in accordance with rules adopted by the ~~public health council~~	34078
director as hethe director determines necessary to determine	34079
compliance with this chapter and the rules ~~of the public health~~	34080
~~council~~ adopted pursuant thereto;	34081

(5) Prohibit and prevent improper asbestos hazard abatement	34082
procedures and require the modification or alteration of asbestos	34083
abatement procedures as they relate to this chapter and the rules	34084
~~of the public health council~~ adopted pursuant thereto;	34085

(6) Collect and disseminate health education information	34086
relating to safe management of asbestos hazards;	34087

(7) Accept and administer grants from the federal government	34088
and other sources, both public and private, for carrying out any	34089
of ~~his~~the director's functions;	34090

(8) As hethe director determines appropriate, conduct	34091
on-site inspections at any location where an asbestos hazard	34092
abatement activity is planned, in progress, or has been completed,	34093
at any location where a public health emergency may occur, is	34094
occurring, or has occurred, or to evaluate the performance or	34095
compliance of any person subject to this chapter;	34096

(9) Conduct an on-site audit of each asbestos hazard training	34097
provider approved pursuant to this chapter, at least once	34098
biennially, during an actual course conducted by the provider	34099
within the state;	34100

(10) Cooperate and assist in investigations, as such relate	34101
to this chapter, conducted by local law enforcement agencies, the	34102
Ohio environmental protection agency, the United States	34103
occupational safety and health administration, and other local,	34104
state, and federal agencies.	34105

Sec. 3710.04. (A) To qualify for an asbestos hazard	34106
abatement contractor's license, a business entity or public entity	34107
shall meet the requirements of this section.	34108

(B) Each employee or agent of the business entity or public	34109
entity applying for a license who will come in contact with	34110
asbestos or will be responsible for an asbestos hazard abatement	34111
project shall:	34112

(1) Be familiar with all applicable state and federal	34113
standards for asbestos hazard abatement projects;	34114

(2) Have successfully completed the course of instruction on	34115
asbestos hazard abatement activities, for their particular	34116
certification, approved by the department of health pursuant to	34117
section 3710.10 of the Revised Code, have passed an examination	34118
approved by the department, and demonstrate to the department that	34119
hethe employee or agent is capable of complying with all	34120
applicable standards of this state, the United States	34121
environmental protection agency, and the United States	34122
occupational safety and health administration.	34123

(C) A business entity or public entity applying for an	34124
asbestos hazard abatement contractor's license shall, in addition	34125
to the other requirements of this section, provide at least one	34126
asbestos hazard abatement specialist, certified pursuant to this	34127
chapter and the rules ~~of the public health council~~ adopted	34128
~~pursuant thereto~~under it, for each asbestos hazard abatement	34129
project, and demonstrate to the satisfaction of the department	34130
that hethe applicant:	34131

(1) Has access to at least one asbestos disposal site	34132
approved by the Ohio environmental protection agency that is	34133
sufficient for the deposit of all asbestos waste that hethe	34134
applicant will generate during the term of the license;	34135

(2) Is sufficiently qualified to safely remove asbestos,	34136
demonstrated by reliability as an asbestos hazard abatement	34137
contractor, possesses a work program that prevents the	34138
contamination or recontamination of the environment and protects	34139
the public health from the hazards of exposure to asbestos,	34140
possesses evidence of certification of each individual employee or	34141
agent who will be responsible for others who may come in contact	34142
with friable asbestos-containing materials, possesses evidence of	34143
training of workers required by section 3710.07 of the Revised	34144
Code, and has prior successful experience in asbestos hazard	34145
abatement projects or equivalent qualifications as determined by	34146
~~rule~~in accordance with rules adopted by the ~~public~~director of	34147
health ~~council~~;	34148

(3) Possesses a worker protection program consistent with	34149
requirements established by the ~~public health council~~director if	34150
the contractor is a public entity, and a worker protection program	34151
consistent with the requirements of the United States occupational	34152
safety and health administration if the contractor is a business	34153
entity;	34154

(4) Is registered as a business entity with the secretary of	34155
state.	34156

(D) No applicant for licensure as an asbestos hazard	34157
abatement contractor, in order to meet the requirements of this	34158
chapter, shall list an employee of another contractor.	34159

(E) The business entity or public entity shall meet any other	34160
standards that the ~~public health council~~director, by rule, sets.	34161

(F) Nothing in this chapter or the rules adopted pursuant	34162
thereto relating to asbestos hazard abatement project designers	34163
shall be interpreted as authorizing or permitting an individual	34164
who is certified as an asbestos hazard abatement project designer	34165
to perform the services of a registered architect or professional	34166
engineer unless that person is registered under Chapter 4703. or	34167
4733. of the Revised Code to perform such services.	34168

Sec. 3710.05. (A) Except as otherwise provided in this	34169
chapter, no person shall engage in any asbestos hazard abatement	34170
activities in this state unless licensed or certified pursuant to	34171
this chapter.	34172

(B) To apply for licensure as an asbestos abatement	34173
contractor or certification as an asbestos hazard abatement	34174
specialist, an asbestos hazard evaluation specialist, an asbestos	34175
hazard abatement project designer, or an asbestos hazard abatement	34176
air-monitoring technician, a person shall do all of the following:	34177

(1) Submit a completed application to the department of	34178
health, on a form provided by the department;	34179

(2) Pay the requisite fee as provided in division (D) of this	34180
section;	34181

(3) Submit any other information the ~~public~~director of	34182
health ~~council~~ by rule requires.	34183

(C) The application form for a business entity or public	34184
entity applying for an asbestos hazard abatement contractor's	34185
license shall include all of the following:	34186

(1) A description of the protective clothing and respirators	34187
that the public entity will use to comply with rules adopted by	34188
the ~~public health council~~director and that the business entity	34189
will use to comply with requirements of the United States	34190
occupational safety and health administration;	34191

(2) A description of procedures the business entity or public	34192
entity will use for the selection, utilization, handling, removal,	34193
and disposal of clothing to prevent contamination or	34194
recontamination of the environment and to protect the public	34195
health from the hazards associated with exposure to asbestos;	34196

(3) The name and address of each asbestos disposal site that	34197
the business entity or public entity might use during the year;	34198

(4) A description of the site decontamination procedures that	34199
the business entity or public entity will use;	34200

(5) A description of the asbestos hazard abatement procedures	34201
that the business entity or public entity will use;	34202

(6) A description of the procedures that the business entity	34203
or public entity will use for handling waste containing asbestos;	34204

(7) A description of the air-monitoring procedures that the	34205
business entity or public entity will use to prevent contamination	34206
or recontamination of the environment and to protect the public	34207
health from the hazards of exposure to asbestos;	34208

(8) A description of the final clean-up procedures that the	34209
business entity or public entity will use;	34210

(9) A list of all partners, owners, and officers of the	34211
business entity along with their social security numbers;	34212

(10) The federal tax identification number of the business	34213
entity or the public entity.	34214

(D) The fees to be charged to each public entity and business	34215
entity and their employees and agents for licensure,	34216
certification, approval, and renewal of licenses, certifications,	34217
and approvals granted under this chapter, subject to division	34218
(A)(4) of section 3710.02 of the Revised Code, are:	34219

(1) Seven hundred fifty dollars for asbestos hazard abatement	34220
contractors;	34221

(2) Two hundred dollars for asbestos hazard abatement project	34222
designers;	34223

(3) Fifty dollars for asbestos hazard abatement workers;

34224

(4) Two hundred dollars for asbestos hazard abatement	34225
specialists;	34226

(5) Two hundred dollars for asbestos hazard evaluation	34227
specialists; and	34228

(6) Nine hundred dollars for approval or renewal of asbestos	34229
hazard training providers.	34230

(E) Notwithstanding division (A) of this section, no business	34231
entity which engages in asbestos hazard abatement activities	34232
solely at its own place of business is required to be licensed as	34233
an asbestos hazard abatement contractor provided that the business	34234
entity is required to and does comply with all applicable	34235
standards of the United States environmental protection agency and	34236
the United States occupational safety and health administration	34237
and provided further that all persons employed by the business	34238
entity on the activity meet the requirements of this chapter.	34239

Sec. 3710.051. No person shall enter into an agreement to	34240
perform any aspect of an asbestos hazard abatement project unless	34241
the agreement is written and contains at least all of the	34242
following:	34243

(A) A requirement that all persons working on the project are	34244
licensed or certified by the department of health as required by	34245
this chapter;	34246

(B) A requirement that all project clearance levels and	34247
sampling be in accordance with ~~the public health council~~ rules	34248
adopted by the director of health;	34249

(C) A requirement that all clearance air-monitoring be	34250
conducted by asbestos hazard abatement air-monitoring technicians	34251
or asbestos hazard evaluation specialists certified by the	34252
department.	34253

Sec. 3710.06. (A) Within fifteen business days after	34254
receiving an application, the department of health shall	34255
acknowledge receipt of the application and notify the applicant of	34256
any deficiency in the application. Within sixty calendar days	34257
after receiving a completed application, including all additional	34258
information requested by the department, the department shall	34259
issue a license or certificate or deny the application. The	34260
department shall issue only one license or certificate that is in	34261
effect at one time to a business entity and its principal officers	34262
and a public entity and its principal officers.	34263

(B)(1) The department shall deny an application if it	34264
determines that the applicant has not demonstrated the ability to	34265
comply fully with all applicable federal and state requirements	34266
and all requirements, procedures, and standards established by the	34267
~~public~~director of health ~~council~~ in this chapter.	34268

(2) The department shall deny any application for an asbestos	34269
hazard abatement contractor's license if the applicant or an	34270
officer or employee of the applicant has been convicted of a	34271
felony under any state or federal law designed to protect the	34272
environment.	34273

(3) The department shall send all denials of an application	34274
by certified mail to the applicant. If the department receives a	34275
timely request for a hearing from the applicant, as provided in	34276
division (D) of section 3710.13 of the Revised Code, the	34277
department shall hold a hearing in accordance with Chapter 119. of	34278
the Revised Code.	34279

(C) In an emergency that results from a sudden, unexpected	34280
event that is not a planned asbestos hazard abatement project, the	34281
department may waive the requirements for a license or	34282
certificate. For the purposes of this division, "emergency"	34283
includes operations necessitated by nonroutine failures of	34284
equipment or by actions of fire and emergency medical personnel	34285
pursuant to duties within their official capacities. Any person	34286
who performs an asbestos hazard abatement activity under emergency	34287
conditions shall notify the director within three days after	34288
performance thereof.	34289

(D) Each license or certificate issued under this chapter	34290
expires one year after the date of issue, but each licensee or	34291
certificate holder may apply to the department for the extension	34292
of ~~his~~the holder's license or certificate under the standard	34293
renewal procedures of Chapter 4745. of the Revised Code.	34294

To qualify for renewal of a license or certificate issued	34295
under this chapter, each licensee or certificate holder shall send	34296
the appropriate renewal fee set forth in division (D) of section	34297
3710.05 of the Revised Code or as adopted by rule by the ~~public~~	34298
~~health council~~director pursuant to division (A)(4) of section	34299
3710.02 of the Revised Code.	34300

Certificate holders also shall successfully complete an	34301
annual renewal course approved by the department pursuant to	34302
section 3710.10 of the Revised Code.	34303

(E) The department may charge a fee in addition to those	34304
specified in division (D) of section 3710.05 of the Revised Code	34305
or in ~~rule of~~rules adopted by the ~~public health council~~director	34306
pursuant to division (A)(4) of section 3710.02 of the Revised Code	34307
if the licensee or certificate holder applies for renewal after	34308
the expiration thereof or requests a reissuance of any license or	34309
certificate, provided that no such fee shall exceed the original	34310
fees by more than fifty per cent.	34311

Sec. 3710.07. (A) Prior to engaging in any asbestos hazard	34312
abatement project, an asbestos hazard abatement contractor shall	34313
do all of the following:	34314

(1) Prepare a written respiratory protection program as	34315
defined by the ~~public~~director of health ~~council~~ pursuant to rule,	34316
and make the program available to the department of health, and	34317
workers at the job site if the contractor is a public entity or	34318
prepare a written respiratory protection program, consistent with	34319
29 C.F.R. 1910.134 and make the program available to the	34320
department, and workers at the job site if the contractor is a	34321
business entity;	34322

(2) Ensure that each worker who will be involved in any	34323
asbestos hazard abatement project has been examined within the	34324
preceding year and has been declared by a physician to be	34325
physically capable of working while wearing a respirator;	34326

(3) Ensure that each of the contractor's employees or agents	34327
who will come in contact with asbestos-containing materials or	34328
will be responsible for an asbestos hazard abatement project	34329
receives the appropriate certification or licensure required by	34330
this chapter and the following training:	34331

(a) An initial course approved by the department pursuant to	34332
section 3710.10 of the Revised Code, completed before engaging in	34333
any asbestos hazard abatement project; and	34334

(b) An annual review course approved by the department	34335
pursuant to section 3710.10 of the Revised Code.	34336

(B) After obtaining or renewing a license, an asbestos hazard	34337
abatement contractor shall notify the department, on a form	34338
approved by the director of health, at least ten days before	34339
beginning each asbestos hazard abatement project conducted during	34340
the term of the contractor's license.	34341

(C) In addition to any other fee imposed under this chapter,	34342
an asbestos hazard abatement contractor shall pay, at the time of	34343
providing notice under division (B) of this section, the	34344
department a fee of sixty-five dollars for each asbestos hazard	34345
abatement project conducted.	34346

Sec. 3710.08. (A) An asbestos hazard abatement contractor	34347
engaging in any asbestos hazard abatement project shall, during	34348
the course of the project:	34349

(1) Conduct each project in a manner that is in compliance	34350
with the requirements the director of environmental protection	34351
adopts pursuant to section 3704.03 of the Revised Code and the	34352
asbestos requirements of the United States occupational safety and	34353
health administration set forth in 29 C.F.R. 1926.58;	34354

(2) Comply with all applicable rules adopted by the ~~public~~	34355
director of health ~~council~~ pursuant to section 3710.02 of the	34356
Revised Code.	34357

(B) An asbestos hazard abatement contractor that is a public	34358
entity shall:	34359

(1) Provide workers with protective clothing and equipment	34360
and ensure that the workers involved in any asbestos hazard	34361
abatement project use the items properly. Protective clothing and	34362
equipment shall include:	34363

(a) Respirators approved by the national institute of	34364
occupational safety and health. These respirators shall be fit	34365
tested in accordance with requirements of the United States	34366
occupational safety and health administration set forth in 29	34367
C.F.R. 1926.58(h). At the request of an employee, the asbestos	34368
hazard abatement contractor shall provide the employee with a	34369
powered air purifying respirator, in which case, the testing	34370
requirements of division (B)(1)(a) of this section do not apply.	34371

(b) Items required by the ~~public~~director of health ~~council~~	34372
by rule as provided in division (A)(7) of section 3710.02 of the	34373
Revised Code.	34374

(2) Comply with all applicable standards of conduct and	34375
requirements adopted by ~~the public health council and~~ the director	34376
of health pursuant to section 3710.02 of the Revised Code.	34377

(C) An asbestos hazard abatement specialist engaging in any	34378
asbestos hazard abatement project shall, during the course of the	34379
project:	34380

(1) Conduct each project in a manner that will meet	34381
decontamination procedures, project containment procedures, and	34382
asbestos fiber dispersal methods as provided in division (A)(6) of	34383
section 3710.02 of the Revised Code;	34384

(2) Ensure that workers utilize, handle, remove, and dispose	34385
of the disposable clothing provided by abatement contractors in a	34386
manner that will prevent contamination or recontamination of the	34387
environment and protect the public health from the hazards of	34388
exposure to asbestos;	34389

(3) Ensure that workers utilize protective clothing and	34390
equipment and comply with the applicable health and safety	34391
standards set forth in division (A) of section 3710.08 of the	34392
Revised Code;	34393

(4) Ensure that there is no smoking, eating, or drinking in	34394
the work area;	34395

(5) Comply with all applicable standards of conduct and	34396
requirements adopted by the ~~public health council and~~ director of	34397
health pursuant to section 3710.02 of the Revised Code.	34398

(D) An asbestos hazard evaluation specialist engaged in the	34399
identification, detection, and assessment of asbestos-containing	34400
materials, the determination of appropriate response actions, or	34401
other activities associated with an abatement project or the	34402
preparation of management plans, shall comply with the applicable	34403
standards of conduct and requirements adopted by ~~the public health~~	34404
~~council and~~ the director of health pursuant to section 3710.02 of	34405
the Revised Code.	34406

(E) Every asbestos hazard abatement worker shall comply with	34407
all applicable standards adopted by the ~~public~~director of health	34408
~~council~~ pursuant to section 3710.02 of the Revised Code.	34409

(F) The department may, on a case-by-case basis, approve an	34410
alternative to the worker protection requirements of divisions	34411
(A), (B), and (C) of this section for an asbestos hazard abatement	34412
project conducted by a public entity, provided that the asbestos	34413
hazard abatement contractor submits the alternative procedure to	34414
the department in writing and demonstrates to the satisfaction of	34415
the department that the proposed alternative procedure provides	34416
equivalent worker protection.	34417

Sec. 3710.09. (A) As a means of protecting the public, each	34418
asbestos hazard abatement contractor licensed under this chapter	34419
shall maintain records of all asbestos hazard abatement projects	34420
which hethe contractor performs and make these records available	34421
to the department of health upon request. The licensee shall	34422
maintain the records for at least thirty years.	34423

(B) The records required by this section shall include all of	34424
the following:	34425

(1) The name, social security number, and address of the	34426
person who supervised the asbestos hazard abatement project;	34427

(2) The names and social security numbers of all workers at	34428
the job site;	34429

(3) The location and description of the asbestos hazard	34430
abatement project and the amount of asbestos-containing material	34431
that was removed;	34432

(4) The starting and completion dates of each asbestos hazard	34433
abatement project;	34434

(5) A summary of the procedures that were used to comply with	34435
all applicable federal, state, and local standards;	34436

(6) The name and address of each asbestos disposal site where	34437
the waste containing asbestos was deposited;	34438

(7) Any other information that the ~~public~~director of health	34439
~~council~~, by rule, requires.	34440

Sec. 3710.10. (A) No person other than the department of	34441
health shall conduct or offer to conduct any initial or review	34442
training course or examination required by this chapter unless	34443
that person is approved to sponsor the courses and examinations	34444
under this section. In conducting any such course or examination,	34445
the department and the approved person shall administer the	34446
courses and examinations according to the United States	34447
environmental protection agency "Model Accreditation Plan," 40	34448
C.F.R. 763, Subpart E, Appendix C, and the rules of the ~~public~~	34449
director of health ~~council~~ adopted pursuant to division (A)(3) of	34450
section 3710.02 of the Revised Code. A person may apply for	34451
approval or renewal of a course on the health and safety aspects	34452
of asbestos hazard abatement activities which meets the	34453
requirements of division (A)(3) of section 3710.07 of the Revised	34454
Code by submitting a written application on forms provided by the	34455
department.	34456

(B) In order to obtain or renew department approval, a person	34457
sponsoring a course shall substantially satisfy all of the	34458
following criteria:	34459

(1) Provide courses of instruction and examinations that meet	34460
the requirements of division (A) of this section;	34461

(2) Ensure that instruction is given or supervised by	34462
personnel with sufficient education and experience as determined,	34463
~~by rule,~~in rules adopted by the ~~public health council~~director;	34464

(3) Maintain lists of students trained and the dates on which	34465
training occurred for at least twenty years, and make this	34466
information available to the department upon request.	34467

(C) In order to obtain or renew department approval, a person	34468
sponsoring an initial course or a review course annually shall	34469
apply to the department for approval. In applying, the person	34470
shall submit the fee set forth in division (D) of section 3710.05	34471
of the Revised Code along with any increase in fee adopted	34472
pursuant to division (A)(4) of section 3710.02 of the Revised	34473
Code.	34474

(D)(1) The department shall act or acknowledge receipt of an	34475
application within ten working days after receiving the	34476
application.	34477

(2) The department shall act on the application within ninety	34478
days after it is complete.	34479

(3) The department shall grant contingent approval of an	34480
application if the department determines the course substantially	34481
satisfies or will substantially satisfy the criteria in this	34482
chapter and the rules adopted by the ~~public health council~~	34483
director.	34484

(4) The department may deny or revoke approval of a course if	34485
the department determines the course does not or will not	34486
substantially satisfy the criteria in this chapter or the rules	34487
adopted by the ~~public health council~~director.	34488

(5) The department shall grant final approval of a course	34489
only after an on-site audit by the department which reveals that	34490
the course substantially satisfies the criteria in this chapter	34491
and the rules adopted by the ~~public health council~~director.	34492
Course approvals expire one year from the date of final approval	34493
under division (D)(5) of this section.	34494

(E) Each course approval issued under this section expires	34495
one year after the date of issue, but a person who received	34496
approval may apply to the department for renewal under the	34497
standard renewal procedures of Chapter 4745. of the Revised Code.	34498
The fee prescribed in section 3710.05 of the Revised Code must	34499
accompany the application.	34500

Sec. 3710.12. Subject to the hearing provisions of this	34501
chapter, the department of health may deny, suspend, or revoke any	34502
license or certificate, or renewal thereof, if the licensee or	34503
certificate holder:	34504

(A) Fraudulently or deceptively obtains or attempts to obtain	34505
a license or certificate;	34506

(B) Fails at any time to meet the qualifications for a	34507
license or certificate;	34508

(C) Is violating or threatening to violate any provisions of	34509
any of the following:	34510

(1) This chapter or the rules of the ~~public health council or~~	34511
director of health adopted pursuant thereto;	34512

(2) The "National Emission Standard for Hazardous Air	34513
Pollutants" regulations of the United States environmental	34514
protection agency as the regulations pertain to asbestos; or	34515

(3) The regulations of the United States occupational safety	34516
and health administration as the regulations pertain to asbestos.	34517

Sec. 3710.13. (A) Except as otherwise provided in Chapter	34518
119. of the Revised Code or this section, before the department of	34519
health takes any action under section 3710.12 of the Revised Code,	34520
it shall give the licensee or certificate holder against whom	34521
action is contemplated an opportunity for a hearing.	34522

Except as otherwise provided in this section, the department	34523
shall give notice and hold the hearing in accordance with Chapter	34524
119. of the Revised Code.	34525

(B) The department, without notice or hearing and in	34526
accordance with ~~the~~ rules ofadopted by the ~~public~~director of	34527
health ~~council~~, may issue an order requiring any action necessary	34528
to meet a public health emergency involving asbestos. Any person	34529
to whom an order is directed shall immediately comply with the	34530
order. Upon application to the director of health, the person	34531
shall be afforded a hearing as soon as possible, but no more than	34532
twenty days after receipt of the application by the director.	34533

(C) If the director determines, pursuant to division (B) of	34534
this section, that a public health emergency exists, hethe	34535
director may order, without a hearing, the denial, suspension, or	34536
revocation of any license or certificate issued under this chapter	34537
of the parties involved, provided that an opportunity for a	34538
hearing is provided to the affected party as soon as reasonably	34539
possible.	34540

(D) All proceedings under this chapter are subject to Chapter	34541
119. of the Revised Code, except that:	34542

(1) Upon the request of a licensee or certificate holder, the	34543
location of an adjudicatory hearing is the county seat of the	34544
county in which the licensee or certificate holder conducts	34545
business.	34546

(2) The director shall notify, by certified mail or personal	34547
delivery, a licensee or certificate holder that hethe licensee or	34548
certificate holder is entitled to a hearing if hethe licensee or	34549
certificate holder requests it, in writing, within ten days of the	34550
time that hethe licensee or certificate holder receives the	34551
notice. If the licensee or certificate holder requests such a	34552
hearing, the director shall set the hearing date no later than ten	34553
days after the director receives the request.	34554

(3) The director shall not apply for or receive a	34555
postponement or continuation of an adjudication hearing. If a	34556
licensee or certificate holder requests a postponement or	34557
continuation of an adjudication hearing, the director only shall	34558
grant the request if the licensee or certificate holder	34559
demonstrates extreme hardship in complying with the hearing date.	34560
If the director grants a postponement or continuation on the	34561
grounds of extreme hardship, the director shall include in the	34562
record of the case, the nature and cause of the extreme hardship.	34563

(4) In lieu of an adjudicatory hearing required by this	34564
chapter, a licensee or certificate holder, by no later than the	34565
date set for a hearing pursuant to division (A)(3) of this	34566
section, may by written request to the director, request that the	34567
matter be resolved by the licensee or certificate holder	34568
submitting documents, papers, and other written evidence to the	34569
director to support ~~his~~the licensee's or certificate holder's	34570
claim.	34571

(5) If the director appoints a referee or an examiner to	34572
conduct a hearing, all of the following apply:	34573

(a) The examiner or referee shall serve, by certified mail	34574
and within three business days of the conclusion of the hearing, a	34575
copy of the written adjudication report and ~~his~~the referee's or	34576
examiner's recommendations, on the director and the affected	34577
licensee or certificate holder or the licensee's or certificate	34578
holder's attorney or other representative of record.	34579

(b) The licensee or certificate holder, within three business	34580
days of receipt of the report under division (D)(5)(a) of this	34581
section, may file with the director written objections to the	34582
report and recommendations.	34583

(c) The director shall consider any objections received under	34584
division (D)(5)(b) of this section prior to approving, modifying,	34585
or disapproving the report and recommendations. Within six	34586
business days of receiving the report under division (D)(5)(a) of	34587
this section, the director shall serve ~~his~~the director's order,	34588
by certified mail, on the affected licensee or certificate holder	34589
or the licensee's or certificate holder's attorney or other	34590
representative of record.	34591

(6) If the director conducts an adjudicatory hearing under	34592
this chapter, hethe director shall serve ~~his~~the director's	34593
decision, by certified mail and within three business days of the	34594
conclusion of the hearing, on the affected licensee or certificate	34595
holder or the licensee's or certificate holder's attorney or other	34596
representative of record.	34597

(7) If no hearing is held, the director shall issue an order,	34598
by certified mail and within three business days of the last date	34599
possible for a hearing, based upon the record available to ~~him~~the	34600
director, to the affected licensee or certificate holder or the	34601
licensee's or certificate holder's attorney or other	34602
representative of record.	34603

(8) A licensee or certificate holder shall file a notice of	34604
appeal to an adverse adjudication decision within fifteen days	34605
after receipt of the director's order.	34606

Sec. 3710.17. (A) Where any person is certified or licensed	34607
by the department of health to engage in asbestos hazard abatement	34608
or evaluation activity pursuant to this chapter, the liability of	34609
that person when performing such activity in accordance with	34610
procedures established pursuant to state or federal law for an	34611
injury to any individual or property caused or related to this	34612
activity shall be limited to acts or omissions of the person	34613
during the course of performing the activity which can be shown,	34614
based on a preponderance of the evidence, to have been negligent.	34615
For the purposes of this section, the demonstration that acts or	34616
omissions of a person performing asbestos hazard abatement or	34617
evaluation activities were in accordance with generally accepted	34618
practice and with procedures established by state or federal law	34619
at the time the abatement or evaluation activity was performed	34620
creates a rebuttable presumption that the acts or omissions were	34621
not negligent.	34622

(B) Where any person contracts with a certified asbestos	34623
hazard abatement specialist, asbestos hazard evaluation	34624
specialist, or other category of asbestos hazard specialist	34625
established by the ~~public~~director of health ~~council~~, or a	34626
licensed asbestos hazard abatement contractor, the liability of	34627
that person for asbestos-related injuries caused by ~~his~~the	34628
person's contractee in the performance of asbestos hazard	34629
abatement or evaluation activities shall be limited to those	34630
asbestos-related injuries arising from acts which the person knew	34631
or could reasonably have been expected to know were not in	34632
accordance with generally accepted practice or with procedures	34633
established by state or federal law at the time the abatement	34634
activity took place.	34635

(C) Notwithstanding any other provisions of the Revised Code	34636
or rules of a court to the contrary, this section governs all	34637
claims for asbestos-related injuries arising from asbestos hazard	34638
abatement or evaluation activities.	34639

Sec. 3711.04. Each person seeking to operate a maternity	34640
unit, newborn care nursery, or maternity home shall apply to the	34641
director of health for a license under this chapter. The	34642
application shall be submitted in the form and manner prescribed	34643
by the ~~public health council~~director in rules adopted under	34644
section 3711.12 of the Revised Code.	34645

A single application and license is required if an applicant	34646
will operate both a maternity unit and newborn care nursery.	34647

Sec. 3711.06. The director of health shall inspect each	34648
maternity unit, newborn care nursery, or maternity home for which	34649
a person has applied for an initial license under section 3711.04	34650
of the Revised Code prior to issuing the license. Inspections	34651
shall be conducted in accordance with inspection criteria,	34652
procedures, and guidelines adopted by the ~~public health council~~	34653
director under section 3711.12 of the Revised Code.	34654

Sec. 3711.08. A license issued under this chapter is valid	34655
for three years, unless earlier revoked or suspended under section	34656
3711.14 of the Revised Code. The license may be renewed in the	34657
manner prescribed by the ~~public~~director of health ~~council~~ in	34658
rules adopted under section 3711.12 of the Revised Code. The	34659
license renewal fee specified in the rules shall be paid not later	34660
than sixty days after the director of health mails an invoice for	34661
the fee to the license holder. A penalty of ten per cent of the	34662
amount of the renewal fee shall be assessed for each month the fee	34663
is overdue.	34664

Sec. 3711.12. (A) The ~~public~~director of health ~~council~~ shall	34665
adopt rules in accordance with Chapter 119. of the Revised Code as	34666
the ~~council~~director considers necessary to implement the	34667
requirements of this chapter for licensure and operation of	34668
maternity units, newborn care nurseries, and maternity homes. The	34669
rules shall include provisions for the following:	34670

(1) Licensure application forms and procedures;

34671

(2) Renewal procedures, including procedures that address the	34672
right of the director of health, at the director's sole	34673
discretion, to conduct an inspection prior to renewal of a	34674
license;	34675

(3) Initial license fees and license renewal fees;

34676

(4) Fees for inspections conducted by the director under	34677
section 3711.10 of the Revised Code;	34678

(5) Safety standards, quality-of-care standards, and	34679
quality-of-care data reporting requirements;	34680

(6) Reporting and auditing requirements;

34681

(7) Inspection criteria, procedures, and guidelines;

34682

(8) Any other rules necessary to implement this chapter.

34683

(B) When adopting rules under this section, the ~~public health~~	34684
~~council~~director shall give consideration to recommendations	34685
regarding obstetric and newborn care issued by the American	34686
college of obstetricians and gynecologists; American academy of	34687
pediatrics; American academy of family physicians; American	34688
society of anesthesiologists; American college of nurse-midwives;	34689
United States centers for disease control and prevention;	34690
association of women's health, obstetric and neonatal nurses; and	34691
association of perioperative registered nurses, or their successor	34692
organizations. The ~~council~~director shall also consider the	34693
recommendations of the maternity and newborn advisory council	34694
established in section 3711.20 of the Revised Code.	34695

Sec. 3711.21. The maternity and newborn advisory council	34696
shall do all of the following:	34697

(A) Advise and consult with the director of health in the	34698
development of rules to be ~~presented to the public health council~~	34699
~~for proposed adoption~~adopted under this chapter;	34700

(B) Advise and consult with the director concerning the	34701
implementation and enforcement of this chapter;	34702

(C) Advise and consult with the director in the development	34703
of inspection criteria, procedures, and guidelines to be used in	34704
enforcement of this chapter;	34705

(D) Advise and consult with the director regarding	34706
recommendations ~~to be presented to the public health council~~	34707
regarding improving maternity and newborn care in this state;	34708

(E) Prepare and submit to the director an annual report	34709
evaluating the department's enforcement of this chapter.	34710

Sec. 3712.03. (A) In accordance with Chapter 119. of the	34711
Revised Code, the ~~public~~director of health ~~council~~ shall adopt,	34712
and may amend and rescind, rules:	34713

(1) Providing for the licensing of persons or public agencies	34714
providing hospice care programs within this state by the	34715
department of health and for the suspension and revocation of	34716
licenses;	34717

(2) Establishing a license fee and license renewal fee,	34718
neither of which shall, except as provided in division (B) of this	34719
section, exceed six hundred dollars. The fees shall cover the	34720
three-year period during which an existing license is valid as	34721
provided in division (B) of section 3712.04 of the Revised Code.	34722

(3) Establishing an inspection fee not to exceed, except as	34723
provided in division (B) of this section, one thousand seven	34724
hundred fifty dollars;	34725

(4) Establishing requirements for hospice care program	34726
facilities and services;	34727

(5) Providing for a waiver of the requirement for the	34728
provision of physical, occupational, or speech or language therapy	34729
contained in division (A)(2) of section 3712.01 of the Revised	34730
Code when the requirement would create a hardship because such	34731
therapy is not readily available in the geographic area served by	34732
the provider of a hospice care program;	34733

(6) Providing for the granting of licenses to provide hospice	34734
care programs to persons and public agencies that are accredited	34735
or certified to provide such programs by an entity whose standards	34736
for accreditation or certification equal or exceed those provided	34737
for licensure under this chapter and rules adopted under it;	34738

(7) Establishing interpretive guidelines for each rule.

34739

(B) Subject to the approval of the controlling board, the	34740
~~public health council~~director may establish fees in excess of the	34741
maximum amounts specified in this section, provided that the fees	34742
do not exceed those amounts by greater than fifty per cent.	34743

34744

(1) Grant, suspend, and revoke licenses for hospice care	34745
programs in accordance with this chapter and rules adopted under	34746
it;	34747

(2) Make such inspections as are necessary to determine	34748
whether hospice care program facilities and services meet the	34749
requirements of this chapter and rules adopted under it; and	34750

(3) Implement and enforce this chapter and rules adopted	34751
under it.	34752

Sec. 3712.04. (A) Every person or public agency that	34753
proposes to provide a hospice care program shall apply to the	34754
department of health for a license. Application shall be made on	34755
forms prescribed and provided by the department, shall include	34756
such information as the department requires, and shall be	34757
accompanied by the license fee established by rules of the ~~public~~	34758
director of health ~~council~~ adopted under division (A) of section	34759
3712.03 of the Revised Code.	34760

The department shall grant a license to the applicant if the	34761
applicant is in compliance with this chapter and rules adopted	34762
under it.	34763

(B) A license granted under this section shall be valid for	34764
three years. Application for renewal of a license shall be made at	34765
least ninety days before the expiration of the license in the same	34766
manner as for an initial license. The department shall renew the	34767
license if the applicant meets the requirements of this chapter	34768
and rules adopted under it.	34769

(C) Subject to Chapter 119. of the Revised Code, the	34770
department may suspend or revoke a license if the licensee made	34771
any material misrepresentation in the application for the license	34772
or no longer meets the requirements of this chapter or rules	34773
adopted under it.	34774

(D) A hospital, nursing home, home for the aged, county	34775
medical care facility, or other health facility or agency that	34776
provides a hospice care program shall be licensed to provide a	34777
hospice care program under this section.	34778

(E) A nursing home licensed under Chapter 3721. of the	34779
Revised Code that does not hold itself out to be a hospice, does	34780
not hold itself out as providing a hospice care program, does not	34781
use the term hospice to describe or refer to its activities or	34782
facilities, and that does not provide all of the services	34783
enumerated in division (A) of section 3712.01 of the Revised Code	34784
is not subject to the licensing provisions of this chapter.	34785

Sec. 3712.09. (A) As used in this section:

34786

(1) "Applicant" means a person who is under final	34787
consideration for employment with a hospice care program in a	34788
full-time, part-time, or temporary position that involves	34789
providing direct care to an older adult. "Applicant" does not	34790
include a person who provides direct care as a volunteer without	34791
receiving or expecting to receive any form of remuneration other	34792
than reimbursement for actual expenses.	34793

(2) "Criminal records check" ~~and "older adult" have~~has the	34794
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	34795

(3) "Older adult" means a person age sixty or older.

34796

(B)(1) Except as provided in division (I) of this section,	34797
the chief administrator of a hospice care program shall request	34798
that the superintendent of the bureau of criminal identification	34799
and investigation conduct a criminal records check ~~with respect to~~	34800
of each applicant. If an applicant for whom a criminal records	34801
check request is required under this division does not present	34802
proof of having been a resident of this state for the five-year	34803
period immediately prior to the date the criminal records check is	34804
requested or provide evidence that within that five-year period	34805
the superintendent has requested information about the applicant	34806
from the federal bureau of investigation in a criminal records	34807
check, the chief administrator shall request that the	34808
superintendent obtain information from the federal bureau of	34809
investigation as part of the criminal records check of the	34810
applicant. Even if an applicant for whom a criminal records check	34811
request is required under this division presents proof of having	34812
been a resident of this state for the five-year period, the chief	34813
administrator may request that the superintendent include	34814
information from the federal bureau of investigation in the	34815
criminal records check.	34816

(2) A person required by division (B)(1) of this section to	34817
request a criminal records check shall do both of the following:	34818

(a) Provide to each applicant for whom a criminal records	34819
check request is required under that division a copy of the form	34820
prescribed pursuant to division (C)(1) of section 109.572 of the	34821
Revised Code and a standard fingerprint impression sheet	34822
prescribed pursuant to division (C)(2) of that section, and obtain	34823
the completed form and impression sheet from the applicant;	34824

(b) Forward the completed form and impression sheet to the	34825
superintendent of the bureau of criminal identification and	34826
investigation.	34827

(3) An applicant provided the form and fingerprint impression	34828
sheet under division (B)(2)(a) of this section who fails to	34829
complete the form or provide fingerprint impressions shall not be	34830
employed in any position for which a criminal records check is	34831
required by this section.	34832

(C)(1) Except as provided in rules adopted by the ~~public~~	34833
director of health ~~council~~ in accordance with division (F) of this	34834
section and subject to division (C)(2) of this section, no hospice	34835
care program shall employ a person in a position that involves	34836
providing direct care to an older adult if the person has been	34837
convicted of or pleaded guilty to any of the following:	34838

(a) A violation of section 2903.01, 2903.02, 2903.03,	34839
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	34840
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	34841
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	34842
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	34843
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	34844
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	34845
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	34846
2925.22, 2925.23, or 3716.11 of the Revised Code.	34847

(b) A violation of an existing or former law of this state,	34848
any other state, or the United States that is substantially	34849
equivalent to any of the offenses listed in division (C)(1)(a) of	34850
this section.	34851

(2)(a) A hospice care program may employ conditionally an	34852
applicant for whom a criminal records check request is required	34853
under division (B) of this section prior to obtaining the results	34854
of a criminal records check regarding the individual, provided	34855
that the program shall request a criminal records check regarding	34856
the individual in accordance with division (B)(1) of this section	34857
not later than five business days after the individual begins	34858
conditional employment. In the circumstances described in division	34859
(I)(2) of this section, a hospice care program may employ	34860
conditionally an applicant who has been referred to the hospice	34861
care program by an employment service that supplies full-time,	34862
part-time, or temporary staff for positions involving the direct	34863
care of older adults and for whom, pursuant to that division, a	34864
criminal records check is not required under division (B) of this	34865
section.	34866

(b) A hospice care program that employs an individual	34867
conditionally under authority of division (C)(2)(a) of this	34868
section shall terminate the individual's employment if the results	34869
of the criminal records check requested under division (B) of this	34870
section or described in division (I)(2) of this section, other	34871
than the results of any request for information from the federal	34872
bureau of investigation, are not obtained within the period ending	34873
thirty days after the date the request is made. Regardless of when	34874
the results of the criminal records check are obtained, if the	34875
results indicate that the individual has been convicted of or	34876
pleaded guilty to any of the offenses listed or described in	34877
division (C)(1) of this section, the program shall terminate the	34878
individual's employment unless the program chooses to employ the	34879
individual pursuant to division (F) of this section. Termination	34880
of employment under this division shall be considered just cause	34881
for discharge for purposes of division (D)(2) of section 4141.29	34882
of the Revised Code if the individual makes any attempt to deceive	34883
the program about the individual's criminal record.	34884

(D)(1) Each hospice care program shall pay to the bureau of	34885
criminal identification and investigation the fee prescribed	34886
pursuant to division (C)(3) of section 109.572 of the Revised Code	34887
for each criminal records check conducted pursuant to a request	34888
made under division (B) of this section.	34889

(2) A hospice care program may charge an applicant a fee not	34890
exceeding the amount the program pays under division (D)(1) of	34891
this section. A program may collect a fee only if both of the	34892
following apply:	34893

(a) The program notifies the person at the time of initial	34894
application for employment of the amount of the fee and that,	34895
unless the fee is paid, the person will not be considered for	34896
employment;	34897

(b) The medical assistance program established under Chapter	34898
5111. of the Revised Code does not reimburse the program the fee	34899
it pays under division (D)(1) of this section.	34900

(E) The report of a criminal records check conducted pursuant	34901
to a request made under this section is not a public record for	34902
the purposes of section 149.43 of the Revised Code and shall not	34903
be made available to any person other than the following:	34904

(1) The individual who is the subject of the criminal records	34905
check or the individual's representative;	34906

(2) The chief administrator of the program requesting the	34907
criminal records check or the administrator's representative;	34908

(3) The administrator of any other facility, agency, or	34909
program that provides direct care to older adults that is owned or	34910
operated by the same entity that owns or operates the hospice care	34911
program;	34912

(4) A court, hearing officer, or other necessary individual	34913
involved in a case dealing with a denial of employment of the	34914
applicant or dealing with employment or unemployment benefits of	34915
the applicant;	34916

(5) Any person to whom the report is provided pursuant to,	34917
and in accordance with, division (I)(1) or (2) of this section.	34918

(F) The ~~public~~director of health ~~council~~ shall adopt rules	34919
in accordance with Chapter 119. of the Revised Code to implement	34920
this section. The rules shall specify circumstances under which a	34921
hospice care program may employ a person who has been convicted of	34922
or pleaded guilty to an offense listed or described in division	34923
(C)(1) of this section but meets personal character standards set	34924
by the ~~council~~director.	34925

(G) The chief administrator of a hospice care program shall	34926
inform each individual, at the time of initial application for a	34927
position that involves providing direct care to an older adult,	34928
that the individual is required to provide a set of fingerprint	34929
impressions and that a criminal records check is required to be	34930
conducted if the individual comes under final consideration for	34931
employment.	34932

(H) In a tort or other civil action for damages that is	34933
brought as the result of an injury, death, or loss to person or	34934
property caused by an individual who a hospice care program	34935
employs in a position that involves providing direct care to older	34936
adults, all of the following shall apply:	34937

(1) If the program employed the individual in good faith and	34938
reasonable reliance on the report of a criminal records check	34939
requested under this section, the program shall not be found	34940
negligent solely because of its reliance on the report, even if	34941
the information in the report is determined later to have been	34942
incomplete or inaccurate;	34943

(2) If the program employed the individual in good faith on a	34944
conditional basis pursuant to division (C)(2) of this section, the	34945
program shall not be found negligent solely because it employed	34946
the individual prior to receiving the report of a criminal records	34947
check requested under this section;	34948

(3) If the program in good faith employed the individual	34949
according to the personal character standards established in rules	34950
adopted under division (F) of this section, the program shall not	34951
be found negligent solely because the individual prior to being	34952
employed had been convicted of or pleaded guilty to an offense	34953
listed or described in division (C)(1) of this section.	34954

(I)(1) The chief administrator of a hospice care program is	34955
not required to request that the superintendent of the bureau of	34956
criminal identification and investigation conduct a criminal	34957
records check of an applicant if the applicant has been referred	34958
to the program by an employment service that supplies full-time,	34959
part-time, or temporary staff for positions involving the direct	34960
care of older adults and both of the following apply:	34961

(a) The chief administrator receives from the employment	34962
service or the applicant a report of the results of a criminal	34963
records check regarding the applicant that has been conducted by	34964
the superintendent within the one-year period immediately	34965
preceding the applicant's referral;	34966

(b) The report of the criminal records check demonstrates	34967
that the person has not been convicted of or pleaded guilty to an	34968
offense listed or described in division (C)(1) of this section, or	34969
the report demonstrates that the person has been convicted of or	34970
pleaded guilty to one or more of those offenses, but the hospice	34971
care program chooses to employ the individual pursuant to division	34972
(F) of this section.	34973

(2) The chief administrator of a hospice care program is not	34974
required to request that the superintendent of the bureau of	34975
criminal identification and investigation conduct a criminal	34976
records check of an applicant and may employ the applicant	34977
conditionally as described in this division, if the applicant has	34978
been referred to the program by an employment service that	34979
supplies full-time, part-time, or temporary staff for positions	34980
involving the direct care of older adults and if the chief	34981
administrator receives from the employment service or the	34982
applicant a letter from the employment service that is on the	34983
letterhead of the employment service, dated, and signed by a	34984
supervisor or another designated official of the employment	34985
service and that states that the employment service has requested	34986
the superintendent to conduct a criminal records check regarding	34987
the applicant, that the requested criminal records check will	34988
include a determination of whether the applicant has been	34989
convicted of or pleaded guilty to any offense listed or described	34990
in division (C)(1) of this section, that, as of the date set forth	34991
on the letter, the employment service had not received the results	34992
of the criminal records check, and that, when the employment	34993
service receives the results of the criminal records check, it	34994
promptly will send a copy of the results to the hospice care	34995
program. If a hospice care program employs an applicant	34996
conditionally in accordance with this division, the employment	34997
service, upon its receipt of the results of the criminal records	34998
check, promptly shall send a copy of the results to the hospice	34999
care program, and division (C)(2)(b) of this section applies	35000
regarding the conditional employment.	35001

Sec. 3713.01. As used in sections 3713.01 to 3713.10 of the	35002
Revised Code:	35003

(A) "Person" has the same meaning as used in division (C) of	35004
section 1.59 of the Revised Code and also means any limited	35005
company, limited liability partnership, joint stock company, or	35006
other association.	35007

(B) "Bedding" means any upholstered furniture, any mattress,	35008
upholstered spring, comforter, bolster, pad, cushion, pillow,	35009
mattress protector, quilt, and any other upholstered article, to	35010
be used for sleeping, resting, or reclining purposes, and any	35011
glider, hammock, or other substantially similar article that is	35012
wholly or partly upholstered.	35013

(C) "Secondhand" means any article, or material, or portion	35014
thereof of which prior use has been made in any manner whatsoever.	35015

(D) "Remade, repaired, or renovated articles not for sale"	35016
means any article that is remade, repaired, or renovated for and	35017
is returned to the owner for the owner's own use.	35018

(E) "Sale," "sell," or "sold" shall, in the corresponding	35019
tense, mean sell, offer to sell, or deliver or consign in sale, or	35020
possess with intent to sell, or deliver in sale.	35021

(F) "Upholstered furniture" means any article of furniture	35022
wholly or partly stuffed or filled with material and that is used	35023
or intended for use for sitting, resting, or reclining purposes.	35024

(G) "Stuffed toy" means any article intended for use as a	35025
plaything or for an educational or recreational purpose that is	35026
wholly or partially stuffed with material.	35027

(H) "Tag" or "label" means any material prescribed by the	35028
superintendent of ~~labor~~industrial compliance to be attached to an	35029
article that contains information required under this chapter.	35030

Sec. 3713.02. (A) Except as provided in section 3713.05 of	35031
the Revised Code, no person shall import, manufacture, renovate,	35032
wholesale, or reupholster stuffed toys or articles of bedding in	35033
this state without first registering to do so with the	35034
superintendent of ~~labor~~industrial compliance in accordance with	35035
section 3713.05 of the Revised Code.	35036

(B) No person shall manufacture, offer for sale, sell,	35037
deliver, or possess for the purpose of manufacturing, selling, or	35038
delivering, an article of bedding or a stuffed toy that is not	35039
labeled in accordance with section 3713.08 of the Revised Code.	35040

(C) No person shall manufacture, offer for sale, sell,	35041
deliver, or possess for the purpose of manufacturing, selling, or	35042
delivering, an article of bedding or a stuffed toy that is falsely	35043
labeled.	35044

(D) No person shall sell or offer for sale any secondhand	35045
article of bedding or any secondhand stuffed toy that has not been	35046
sanitized in accordance with section 3713.08 of the Revised Code.	35047

(E) The possession of any article of bedding or stuffed toy	35048
in the course of business by a person required to obtain	35049
registration under this chapter, or by that person's agent or	35050
servant shall be prima-facie evidence of the person's intent to	35051
sell the article of bedding or stuffed toy.	35052

Sec. 3713.03. The superintendent of ~~labor~~industrial	35053
compliance in the department of commerce shall administer and	35054
enforce this chapter.	35055

Sec. 3713.04. (A) In accordance with Chapter 119. of the	35056
Revised Code, the superintendent of ~~labor~~industrial compliance	35057
shall:	35058

(1) Adopt rules pertaining to the definition, name, and	35059
description of materials necessary to carry out this chapter;	35060

(2) Determine the testing standards, fees, and charges to be	35061
paid for making any test or analysis required pursuant to section	35062
3713.08 of the Revised Code.	35063

(B) In accordance with Chapter 119. of the Revised Code, the	35064
superintendent may adopt rules regarding the following:	35065

(1) Establishing an initial application fee or an annual	35066
registration renewal fee not more than fifty per cent higher than	35067
the fees set forth in section 4713.05 of the Revised Code;	35068

(2) Establishing standards, on a reciprocal basis, for the	35069
acceptance of labels and laboratory analyses from other states	35070
where the labeling requirements and laboratory analysis standards	35071
are substantially equal to the requirements of this state,	35072
provided the other state extends similar reciprocity to labels and	35073
laboratory analysis conducted under this chapter;	35074

(3) Any other rules necessary to administer and carry out	35075
this chapter.	35076

35077

(1) Issue administrative orders, conduct hearings, and take	35078
all actions necessary under the authority of Chapter 119. of the	35079
Revised Code for the administration of this chapter. The authority	35080
granted under this division shall include the authority to	35081
suspend, revoke, or deny registration under this chapter.	35082

(2) Establish and maintain facilities within the department	35083
of commerce to make tests and analysis of materials used in the	35084
manufacture of bedding and stuffed toys. The superintendent also	35085
may designate established laboratories in various sections of the	35086
state that are qualified to make these tests. If the	35087
superintendent exercises this authority, the superintendent shall	35088
adopt rules to determine the fees and charges to be paid for	35089
making the tests or analyses authorized under this section.	35090

(3) Exercise such other powers and duties as are necessary to	35091
carry out the purpose and intent of this chapter.	35092

Sec. 3713.05. (A) Applications to register to import,	35093
manufacture, renovate, wholesale, make, or reupholster stuffed	35094
toys or bedding in this state shall be made in writing on forms	35095
provided by the superintendent of ~~labor~~industrial compliance. The	35096
application shall be accompanied by a registration fee of fifty	35097
dollars per person unless the applicant engages only in	35098
renovation, in which case the registration fee shall be	35099
thirty-five dollars.	35100

(B) Upon receipt of the application and the appropriate fee,	35101
the superintendent shall register the applicant and assign a	35102
registration number to the registrant.	35103

(C) Notwithstanding section 3713.02 of the Revised Code and	35104
division (A) of this section, the following are exempt from	35105
registration:	35106

(1) An organization described in section 501(c)(3) of the	35107
"Internal Revenue Code of 1986," and exempt from income tax under	35108
section 501(a) of that code and that is operated exclusively to	35109
provide recreation or social services;	35110

(2) A person who is not regularly engaged in the business of	35111
manufacturing, making, wholesaling, or importing stuffed toys but	35112
who manufactures or makes stuffed toys as a leisure pursuit and	35113
who sells one hundred or fewer stuffed toys within one calendar	35114
year;	35115

(3) A person who is not regularly engaged in the business of	35116
manufacturing, making, wholesaling, or importing quilts,	35117
comforters, pillows, or cushions, but who manufactures or makes	35118
these items as a leisure pursuit and who sells five or fewer	35119
quilts, ten or fewer comforters, or twenty or fewer pillows or	35120
cushions within one calendar year.	35121

(D) Notwithstanding division (C)(2) or (3) of this section, a	35122
person exempt under that division must attach a label to each	35123
stuffed toy that contains all of the following information:	35124

(1) The person's name and address;

35125

(2) A statement that the person is not registered by the	35126
state of Ohio;	35127

(3) A statement that the contents of the product have not	35128
been inspected.	35129

Sec. 3713.06. (A) Any person required to register under	35130
division (A) of section 3713.02 of the Revised Code who imports	35131
bedding or stuffed toys into this state for retail sale or use in	35132
this state and any person required to register under division (A)	35133
of section 3713.02 of the Revised Code who manufactures bedding or	35134
stuffed toys in this state for retail sale or use in this state	35135
shall submit a report to the superintendent of ~~labor~~industrial	35136
compliance, in a form and manner prescribed by the superintendent.	35137
The form shall be submitted once every six months and shall show	35138
the total number of items of bedding or stuffed toys imported into	35139
this state or manufactured in this state. Each report shall be	35140
accompanied by a fee of four cents for each item of bedding or	35141
stuffed toy imported into this state or manufactured in this	35142
state.	35143

(B) Every importer, manufacturer, or wholesaler of stuffed	35144
toys or articles of bedding, and every mobile home and	35145
recreational vehicle dealer, conversion van dealer, secondhand	35146
dealer, and auction house shall retain records, designated by the	35147
superintendent in rule, for the time period established in rule.	35148

(C) Every importer, manufacturer, or wholesaler of stuffed	35149
toys or articles of bedding, and every mobile home and	35150
recreational vehicle dealer, conversion van dealer, secondhand	35151
dealer, and auction house shall make sufficient investigation of	35152
its records to ensure that the information reported to the	35153
superintendent under division (A) of this section is accurate.	35154

Sec. 3713.07. (A) Registration obtained under this chapter	35155
expires annually on the last day of the month in the month that	35156
the registration was obtained. The superintendent of ~~labor~~	35157
industrial compliance shall renew the registration in accordance	35158
with Chapter 4745. of the Revised Code.	35159

(B) Failure on the part of any registrant to renew	35160
registration prior to its expiration, when notified as required in	35161
this section, shall not deprive the person of the right to renewal	35162
within the ninety days that follow expiration, but the fee to be	35163
paid for renewal after its expiration shall be one hundred dollars	35164
plus the standard registration fee for the registrant.	35165

(C) If a registrant fails to renew registration within ninety	35166
days of the date that it expired, the former registrant shall	35167
comply with the registration requirements under section 3713.05 of	35168
the Revised Code to obtain valid registration.	35169

Sec. 3713.08. (A) All persons required to register under	35170
division (A) of section 3713.02 of the Revised Code manufacturing,	35171
making, or wholesaling bedding or stuffed toys, or both, that are	35172
sold or offered for sale shall have the material content of their	35173
products tested and analyzed at an established laboratory	35174
designated by the superintendent of ~~labor~~industrial compliance	35175
before the bedding or stuffed toys are sold or offered for sale.	35176

(B) Every stuffed toy or item of bedding sold or offered for	35177
sale shall have a label affixed to it that reports the contents of	35178
the stuffed toy or bedding material in conformity with	35179
requirements established by the superintendent, a registration	35180
number, and any other identifying information as required by the	35181
superintendent.	35182

(C) The seller of any secondhand articles of bedding or	35183
stuffed toys shall sanitize all items in accordance with rules	35184
established by the superintendent prior to the sale of or the	35185
offering for sale of any secondhand articles.	35186

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

35187

(1) Persons who meet the qualifications of division (C)(2) or	35188
(3) of section 3713.05 of the Revised Code;	35189

(2) The sale of furniture more than fifty years old;

35190

(3) The sale of furniture from the home of the owner directly	35191
to the purchaser.	35192

Sec. 3713.09. (A) The superintendent of ~~labor~~industrial	35193
compliance may appoint inspectors and periodically inspect and	35194
investigate any establishment where bedding or stuffed toys are	35195
manufactured, made, remade, renovated, repaired, sanitized, sold,	35196
or offered for sale, or where previously used material is	35197
processed for use in the manufacture of bedding or stuffed toys.	35198

(1) Each inspector shall make a written report to the	35199
superintendent of each examination and inspection complete with	35200
the inspector's findings and recommendations. Inspectors may place	35201
"off sale" any article of bedding or stuffed toy offered for sale,	35202
or found in the possession of any person with the intent to sell,	35203
in violation of section 3713.02 of the Revised Code. Inspectors	35204
shall perform other duties related to inspection and examination	35205
as prescribed by the superintendent.	35206

(2) When articles are placed "off sale" under division (A)(1)	35207
of this section, they shall be tagged, and the tag shall not be	35208
removed except by an authorized representative of the division of	35209
~~labor~~industrial compliance after the violator demonstrates to the	35210
satisfaction of the superintendent proof of compliance with the	35211
requirements of section 3713.08 of the Revised Code.	35212

(B)(1) When an inspector has cause to believe that any	35213
bedding or stuffed toy is not tagged or labeled in accordance with	35214
section 3713.08 of the Revised Code, the inspector may open any	35215
seam of the bedding or stuffed toy in question to examine the	35216
material used or contained within it and take a reasonable amount	35217
of the material for testing and analysis and, if necessary,	35218
examine any and all purchase records in order to determine the	35219
contents or the kind of material used in the bedding or stuffed	35220
toy in question. An inspector may seize and hold evidence of any	35221
article of bedding, stuffed toy, or material manufactured, made,	35222
possessed, renovated, remade, or repaired, sold, or offered for	35223
sale contrary to this chapter.	35224

(2) Immediately after seizing articles believed to be in	35225
violation of this chapter, the inspector immediately shall report	35226
the seizure to the superintendent. The superintendent shall hold a	35227
hearing in accordance with Chapter 119. of the Revised Code or	35228
make a ruling in the matter. If the superintendent finds that the	35229
article of bedding, stuffed toy, or material is not in violation	35230
of this chapter, the superintendent shall order the item or items	35231
returned to the owner. If the superintendent finds a violation of	35232
this chapter, the superintendent may do either of the following:	35233

(a) Return the articles to the owner for proper treatment,	35234
tagging or labeling, or other action as ordered by the	35235
superintendent, subject to the requirement that the articles be	35236
reinspected at cost to the owner, prior to being sold or offered	35237
for sale;	35238

(b) Report the violation to the appropriate prosecuting	35239
attorney or city law director.	35240

(C) The superintendent, at reasonable times and upon	35241
reasonable notice, may examine or cause to be examined the records	35242
of any importer, manufacturer, or wholesaler of stuffed toys or	35243
articles of bedding, mobile home and recreational vehicle dealer,	35244
conversion van dealer, secondhand dealer, or auction house to	35245
determine compliance with this chapter. The superintendent may	35246
enter into contracts, pursuant to procedures prescribed by the	35247
superintendent, with persons to examine these records to determine	35248
compliance with this chapter. These persons may collect and remit	35249
to the superintendent any amounts due under this chapter.	35250

(D) Records audited pursuant to division (C) of this section	35251
are confidential and shall not be disclosed except as required by	35252
section 149.43 of the Revised Code, or as the superintendent finds	35253
necessary for the proper administration of this chapter.	35254

(E) In the case of any investigation or examination, or both,	35255
that requires investigation or examination outside of this state	35256
of any importer, manufacturer, or wholesaler of stuffed toys or	35257
articles of bedding, or of any mobile home or recreational vehicle	35258
dealer, conversion van dealer, secondhand dealer, or auction	35259
house, the superintendent may require the investigated or examined	35260
person to pay the actual expense of the investigation or	35261
examination. The superintendent shall provide an itemized	35262
statement of actual expenses to the investigated or examined	35263
person.	35264

(F) Whenever the superintendent has reason to believe, from	35265
the superintendent's own information, upon complaint, or	35266
otherwise, that any person has engaged in, is engaging in, or is	35267
about to engage in any practice prohibited by this chapter, or	35268
when the superintendent has reason to believe that it is necessary	35269
for public health and safety, the superintendent may do any of the	35270
following:	35271

(1) Investigate violations of this chapter, and for that	35272
purpose, may subpoena witnesses in connection with the	35273
investigation. The superintendent may make application to the	35274
appropriate court of common pleas for an order enjoining the	35275
violation of this chapter, and upon a showing by the	35276
superintendent that any registrant or person acting in a manner	35277
that requires registration has violated or is about to violate	35278
this chapter, an injunction, restraining order, or other order as	35279
may be appropriate shall be granted by the court.	35280

(2) Compel by subpoena the attendance of witnesses to testify	35281
in relation to any matter over which the superintendent has	35282
jurisdiction and that is the subject of inquiry and investigation	35283
by the superintendent, and require the production of any book,	35284
paper, or document pertaining to the matter. In case any person	35285
fails to file any statement or report, obey any subpoena, give	35286
testimony, or produce any books, records, or papers as required by	35287
a subpoena, the court of common pleas of any county in the state,	35288
upon application made to it by the superintendent, shall compel	35289
obedience by attachment proceedings for contempt.	35290

(3) Suspend or revoke the registration of any importer,	35291
manufacturer, or wholesaler of stuffed toys or articles of	35292
bedding, mobile home or recreational vehicle dealer, conversion	35293
van dealer, secondhand dealer, or auction house;	35294

(4) Submit evidence of the violation or violations to any	35295
city prosecutor, city director of law, or prosecuting attorney	35296
with authority to prosecute. If the city prosecutor, city director	35297
of law, or prosecuting attorney with authority to prosecute fails	35298
to prosecute, the superintendent shall submit the evidence to the	35299
attorney general who may proceed with the prosecution.	35300

Sec. 3713.10. All money collected under this chapter shall	35301
be deposited into the state treasury to the credit of the ~~labor~~	35302
industrial compliance operating fund created under section 121.084	35303
of the Revised Code.	35304

Sec. 3714.073. (A) In addition to the fee levied under	35305
division (A)(1) of section 3714.07 of the Revised Code, beginning	35306
July 1, 2005, there is hereby levied on the disposal of	35307
construction and demolition debris at a construction and	35308
demolition debris facility that is licensed under this chapter or	35309
at a solid waste facility that is licensed under Chapter 3734. of	35310
the Revised Code the following fees:	35311

(1) A fee of twelve and one-half cents per cubic yard or	35312
twenty-five cents per ton, as applicable, the proceeds of which	35313
shall be deposited in the state treasury to the credit of the soil	35314
and water conservation district assistance fund created in section	35315
1515.14 of the Revised Code;	35316

(2) A fee of thirty-seven and one-half cents per cubic yard	35317
or seventy-five cents per ton, as applicable, the proceeds of	35318
which shall be deposited in the state treasury to the credit of	35319
the recycling and litter prevention fund created in section	35320
~~1502.02~~3736.03 of the Revised Code.	35321

(B) The owner or operator of a construction and demolition	35322
debris facility or a solid waste facility, as a trustee of the	35323
state, shall collect the fees levied under this section and remit	35324
the money from the fees in the manner that is established in	35325
divisions (A)(2) and (3) of section 3714.07 of the Revised Code	35326
for the fee that is levied under division (A)(1) of that section	35327
and may enter into an agreement for the quarterly payment of the	35328
fees in the manner established in division (B) of that section for	35329
the quarterly payment of the fee that is levied under division	35330
(A)(1) of that section.	35331

(C) The money that is collected from a construction and	35332
demolition debris facility or a solid waste facility and remitted	35333
to a board of health or the director of environmental protection,	35334
as applicable, pursuant to this section shall be transmitted by	35335
the board or director to the treasurer of state not later than	35336
forty-five days after the receipt of the money to be credited to	35337
the soil and water conservation district assistance fund or the	35338
recycling and litter prevention fund, as applicable.	35339

(D) This section does not apply to the disposal of	35340
construction and demolition debris at a solid waste facility that	35341
is licensed under Chapter 3734. of the Revised Code if the owner	35342
or operator of the facility chooses to collect fees on the	35343
disposal of the construction and demolition debris that are	35344
identical to the fees that are collected under Chapters 343. and	35345
3734. of the Revised Code on the disposal of solid wastes at that	35346
facility.	35347

(E) This section does not apply to the disposal of source	35348
separated materials that are exclusively composed of reinforced or	35349
nonreinforced concrete, asphalt, clay tile, building or paving	35350
brick, or building or paving stone at a construction and	35351
demolition debris facility that is licensed under this chapter	35352
when either of the following applies:	35353

(1) The materials are placed within the limits of	35354
construction and demolition debris placement at the facility as	35355
specified in the license issued to the facility under section	35356
3714.06 of the Revised Code, are not placed within the unloading	35357
zone of the facility, and are used as a fire prevention measure in	35358
accordance with rules adopted by the director under section	35359
3714.02 of the Revised Code.	35360

(2) The materials are not placed within the unloading zone of	35361
the facility or within the limits of construction and demolition	35362
debris placement at the facility as specified in the license	35363
issued to the facility under section 3714.06 of the Revised Code,	35364
but are used as fill material, either alone or in conjunction with	35365
clean soil, sand, gravel, or other clean aggregates, in legitimate	35366
fill operations for construction purposes at the facility or to	35367
bring the facility up to a consistent grade.	35368

Sec. 3715.01. (A) As used in this chapter:

35369

(1) ~~"Public health council" means the public health council~~	35370
~~established by section 3701.33 of the Revised Code.~~	35371

~~(2)~~ "Person" means an individual, partnership, corporation,	35372
or association.	35373

~~(3)~~(2) "Food" means:

35374

(a) Articles used for food or drink for humans or animals;

35375

(b) Chewing gum;

35376

35377

~~(4)~~(3) "Drug" means:

35378

(a) Articles recognized in the United States pharmacopoeia	35379
and national formulary, or any supplement to them;	35380

(b) Articles intended for use in the diagnosis, cure,	35381
mitigation, treatment, or prevention of disease in humans or	35382
animals;	35383

(c) Articles, other than food, intended to affect the	35384
structure or any function of the body of humans or other animals;	35385

(d) Articles intended for use as a component of any of the	35386
foregoing articles, other than devices or their components, parts,	35387
or accessories.	35388

~~(5)~~(4) "Device," except when used in division (B)(1) of this	35389
section and in division (A)(10) of section 3715.52, division (F)	35390
of section 3715.60, division (A)(5) of section 3715.64, and	35391
division (C) of section 3715.67 of the Revised Code, means any	35392
instrument, apparatus, implement, machine, contrivance, implant,	35393
in vitro reagent, or other similar or related article, including	35394
any component, part, or accessory, that is any of the following:	35395

(a) Recognized in the United States pharmacopoeia and	35396
national formulary, or any supplement to them;	35397

(b) Intended for use in the diagnosis of disease or other	35398
conditions, or in the cure, mitigation, treatment, or prevention	35399
of disease in humans or animals;	35400

(c) Intended to affect the structure or any function of the	35401
body of humans or animals, and that does not achieve any of its	35402
principal intended purposes through chemical action within or on	35403
the body of humans or animals and is not dependent upon being	35404
metabolized for the achievement of any of its principal intended	35405
purposes.	35406

~~(6)~~(5) "Cosmetic" means:

35407

(a) Articles intended to be rubbed, poured, sprinkled, or	35408
sprayed on, introduced into, or otherwise applied to the human	35409
body or any part thereof for cleansing, beautifying, promoting	35410
attractiveness, or altering the appearance;	35411

(b) Articles intended for use as a component of any such	35412
article, except that "cosmetic" does not include soap.	35413

~~(7)~~(6) "Label" means a display of written, printed, or	35414
graphic matter upon the immediate container, exclusive of package	35415
liners, of any article.	35416

Any word, statement, or other information required by this	35417
chapter to appear on the label must appear on the outside	35418
container or wrapper, if any, of the retail package of the	35419
article, or the label must be easily legible through the outside	35420
container or wrapper.	35421

~~(8)~~(7) "Labeling" means all labels and other written,	35422
printed, or graphic matter:	35423

(a) Upon an article or any of its containers or wrappers;

35424

(b) Accompanying such article.

35425

~~(9)~~(8) "Advertisement" means all representations disseminated	35426
in any manner or by any means, other than by labeling, for the	35427
purpose of inducing, or that are likely to induce, directly or	35428
indirectly, the purchase of food, drugs, devices, or cosmetics.	35429

~~(10)~~(9) "New drug" means:

35430

(a) Any drug the composition of which is such that the drug	35431
is not generally recognized among experts qualified by scientific	35432
training and experience to evaluate the safety of drugs, as safe	35433
for use under the conditions prescribed, recommended, or suggested	35434
in the labeling thereof;	35435

(b) Any drug the composition of which is such that the drug,	35436
as a result of investigation to determine its safety for use under	35437
such conditions, has become so recognized, but that has not, other	35438
than in an investigation, been used to a material extent or for a	35439
material time under such conditions.	35440

~~(11)~~(10) "Contaminated with filth" applies to any food, drug,	35441
device, or cosmetic that has not been protected as far as may be	35442
necessary by all reasonable means from dust, dirt, and all foreign	35443
or injurious substances.	35444

~~(12)~~(11) "Honey" means the nectar and saccharine exudation of	35445
plants that has been gathered, modified, and stored in a honeycomb	35446
by honeybees.	35447

~~(13)~~(12) "Finished dosage form" means the form of a drug that	35448
is, or is intended to be, dispensed or administered to humans or	35449
animals and requires no further manufacturing or processing other	35450
than packaging, reconstituting, or labeling.	35451

~~(14)~~(13)(a) "Manufacture" means the planting, cultivating,	35452
harvesting, processing, making, preparing, or otherwise engaging	35453
in any part of the production of a drug by propagating,	35454
compounding, converting, or processing, either directly or	35455
indirectly by extracting from substances of natural origin, or	35456
independently by means of chemical synthesis, or by a combination	35457
of extraction and chemical synthesis, and includes the following:	35458

(i) Any packaging or repackaging of the drug or labeling or	35459
relabeling of its container, the promotion and marketing of the	35460
drug, and other activities incident to production;	35461

(ii) The preparation and promotion of commercially available	35462
products from bulk compounds for resale by pharmacies, licensed	35463
health professionals authorized to prescribe drugs, or other	35464
persons.	35465

(b) "Manufacture" does not include the preparation,	35466
compounding, packaging, or labeling of a drug by a pharmacist as	35467
an incident to either of the following:	35468

(i) Dispensing a drug in the usual course of professional	35469
practice;	35470

(ii) Providing a licensed health professional authorized to	35471
prescribe drugs with a drug for the purpose of administering to	35472
patients or for using the drug in treating patients in the	35473
professional's office.	35474

~~(15)~~(14) "Dangerous drug" has the same meaning as in section	35475
4729.01 of the Revised Code.	35476

~~(16)~~(15) "Generically equivalent drug" means a drug that	35477
contains identical amounts of the identical active ingredients,	35478
but not necessarily containing the same inactive ingredients, that	35479
meets the identical compendial or other applicable standard of	35480
identity, strength, quality, and purity, including potency, and	35481
where applicable, content uniformity, disintegration times, or	35482
dissolution rates, as the prescribed brand name drug and the	35483
manufacturer or distributor holds, if applicable, either an	35484
approved new drug application or an approved abbreviated new drug	35485
application unless other approval by law or from the federal food	35486
and drug administration is required.	35487

No drug shall be considered a generically equivalent drug for	35488
the purposes of this chapter if it has been listed by the federal	35489
food and drug administration as having proven bioequivalence	35490
problems.	35491

~~(17)~~(16) "Licensed health professional authorized to	35492
prescribe drugs" and "prescriber" have the same meanings as in	35493
section 4729.01 of the Revised Code.	35494

~~(18)~~(17) "Home" means the primary residence occupied by the	35495
residence's owner, on the condition that the residence contains	35496
only one stove or oven used for cooking, which may be a double	35497
oven, designed for common residence usage and not for commercial	35498
usage, and that the stove or oven be operated in an ordinary	35499
kitchen within the residence.	35500

~~(19)~~(18) "Potentially hazardous food" means a food that is	35501
natural or synthetic, to which any of the following apply:	35502

(a) It has a pH level greater than 4.6 when measured at	35503
seventy-five degrees fahrenheit or twenty-four degrees celsius.	35504

(b) It has a water activity value greater than 0.85.

35505

(c) It requires temperature control because it is in a form	35506
capable of supporting the rapid and progressive growth of	35507
infectious or toxigenic microorganisms, the growth and toxin	35508
production of clostridium botulinium, or in the case of raw shell	35509
eggs, the growth of salmonella enteritidis.	35510

~~(20)~~(19) "Cottage food production operation" means a person	35511
who, in the person's home, produces food items that are not	35512
potentially hazardous foods, including bakery products, jams,	35513
jellies, candy, fruit butter, and similar products specified in	35514
rules adopted pursuant to section 3715.025 of the Revised Code.	35515

(B) For the purposes of sections 3715.52 to 3715.72 of the	35516
Revised Code:	35517

(1) If an article is alleged to be misbranded because the	35518
labeling is misleading, or if an advertisement is alleged to be	35519
false because it is misleading, then in determining whether the	35520
labeling or advertisement is misleading, there shall be taken into	35521
account, among other things, not only representations made or	35522
suggested by statement, word, design, device, sound, or in any	35523
combination thereof, but also the extent to which the labeling or	35524
advertisement fails to reveal facts material in the light of such	35525
representations or material with respect to consequence which may	35526
result from the use of the article to which the labeling or	35527
advertisement relates under the conditions of use prescribed in	35528
the labeling or advertisement thereof or under such conditions of	35529
use as are customary or usual.	35530

(2) The provisions regarding the selling of food, drugs,	35531
devices, or cosmetics include the manufacture, production,	35532
processing, packing, exposure, offer, possession, and holding of	35533
any such article for sale; and the sale, dispensing, and giving of	35534
any such article, and the supplying or applying of any such	35535
articles in the conduct of any food, drug, or cosmetic	35536
establishment. The provisions do not prohibit a licensed health	35537
professional authorized to prescribe drugs from administering or	35538
personally furnishing a drug or device to a patient.	35539

(3) The representation of a drug, in its labeling or	35540
advertisement, as an antiseptic is a representation that it is a	35541
germicide, except in the case of a drug purporting to be, or	35542
represented as, an antiseptic for inhibitory use as a wet	35543
dressing, ointment, dusting powder, or other use that involves	35544
prolonged contact with the body.	35545

(4) Whenever jurisdiction is vested in the director of	35546
agriculture or the state board of pharmacy, the jurisdiction of	35547
the board shall be limited to the sale, offering for sale, giving	35548
away, delivery, or dispensing in any manner of drugs at the	35549
wholesale and retail levels or to the consumer and shall be	35550
exclusive in the case of such sale, offering for sale, giving	35551
away, delivery, or dispensing in any manner of drugs at the	35552
wholesale and retail levels or to the consumer in any place where	35553
prescriptions are dispensed or compounded.	35554

(5) To assist in effectuating the provisions of those	35555
sections, the director of agriculture or state board of pharmacy	35556
may request assistance or data from any government or private	35557
agency or individual.	35558

Sec. 3715.025. (A) A cottage food production operation shall	35559
not process acidified foods, low acid canned foods, or potentially	35560
hazardous foods.	35561

(B) The director of agriculture shall adopt rules in	35562
accordance with Chapter 119. of the Revised Code specifying the	35563
food items a cottage food production operation may produce that	35564
are in addition to the food items identified by name in division	35565
(A)~~(20)~~(19) of section 3715.01 of the Revised Code. The director	35566
shall not adopt rules that permit a cottage food production	35567
operation to produce any food that is a potentially hazardous	35568
food.	35569

Sec. 3715.60. Food is misbranded within the meaning of	35570
sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the	35571
Revised Code, if:	35572

(A) Its labeling is false or misleading in any particular.

35573

(B) It is offered for sale under the name of another food.

35574

(C) Its container is so made, formed, or filled as to be	35575
misleading.	35576

(D) It is an imitation of another food, unless its label	35577
bears in type of uniform size and prominence, the word	35578
"imitation," and immediately thereafter the name of the food	35579
imitated.	35580

(E) When it is in package form, it does not bear a label	35581
containing:	35582

(1) The name and place of business of the manufacturer,	35583
packer, or distributor;	35584

(2) An accurate statement of the quantity of the contents in	35585
terms of weight, measure, or numerical count; provided, that	35586
reasonable variations shall be permitted, and exemptions as to	35587
small packages shall be established by rules adopted by the	35588
director of agriculture;	35589

(3) In the case of food subject to section 3715.023 of the	35590
Revised Code, the information specified in that section.	35591

(F) Any word, statement, or other information required by or	35592
under authority of sections 3715.01, 3715.02, and 3715.52 to	35593
3715.72 of the Revised Code, to appear on the label or labeling is	35594
not prominently placed thereon with such conspicuousness as	35595
compared with other words, statements, designs, or devices, in the	35596
labeling, and in such terms as to render it likely to be read and	35597
understood by the ordinary individual under customary conditions	35598
of purchase and use.	35599

(G) It purports to be, or is represented as, a food for which	35600
a definition and standard of identity have been prescribed by	35601
statute, or by any rule adopted under an existing statute, or by	35602
rule as provided by section 3715.02 of the Revised Code, unless:	35603

(1) It conforms to such definition and standard.

35604

(2) Its label bears the name of the food specified in the	35605
definition and standard, and, insofar as may be required by such	35606
statute or rules, the common names of optional ingredients, other	35607
than spices, flavoring, and coloring, present in such food.	35608

(H) It purports to be or is represented as:

35609

(1) A food for which a standard of quality has been	35610
prescribed by rule as provided by section 3715.02 of the Revised	35611
Code and its quality falls below the standard unless its label	35612
bears, in the manner and form that the rules specify, a statement	35613
that it falls below the standard;	35614

(2) A food for which a standard or standards of fill of	35615
container have been prescribed by rule as provided by section	35616
3715.02 of the Revised Code, and it falls below the standard of	35617
fill of container applicable thereto, unless its label bears, in	35618
the manner and form that the rules specify, a statement that it	35619
falls below the standard.	35620

(I) It is not subject to the provisions of division (G) of	35621
this section, unless it bears labeling clearly giving:	35622

(1) The common or usual name of the food, if any;

35623

(2) In case it is fabricated from two or more ingredients,	35624
the common or usual name of each ingredient; except that spices,	35625
flavorings, and colorings, other than those sold as such, may be	35626
designated as spices, flavorings, and colorings, without naming	35627
each; provided, that, to the extent that compliance with the	35628
requirements of division (I)(2) of this section is impractical or	35629
results in deception or unfair competition, exemptions shall be	35630
established by rules adopted by the director; and provided that	35631
these requirements shall not apply to any carbonated beverage of	35632
which a full and correct statement of the ingredients, to the	35633
extent prescribed by division (I)(2) of this section, has been	35634
filed under oath with the director.	35635

(J) It purports to be or is represented to be for special	35636
dietary uses, unless its label bears such information concerning	35637
its vitamin, mineral, and other dietary properties as is provided	35638
by rules ~~proposed~~adopted by the director ~~and adopted by the~~	35639
~~public health council~~, as necessary, in order to fully inform	35640
purchasers as to its value for such uses.	35641

(K) It bears or contains any artificial flavoring, artificial	35642
coloring, or chemical preservative, unless it bears labeling	35643
stating that fact; provided, that to the extent that compliance	35644
with the requirements of this division is impracticable,	35645
exemptions shall be established by rules ~~proposed~~adopted by the	35646
director ~~and adopted by the public health council~~.	35647

Sec. 3715.61. (A) Whenever the director of agriculture finds	35648
after investigation that the distribution in this state of any	35649
class of food may, by reason of contamination with microorganisms	35650
during manufacture, processing, or packing thereof in any	35651
locality, be injurious to health, and that such injurious nature	35652
cannot be adequately determined after such articles have entered	35653
commerce, and in such case only, hethe director shall ~~propose~~	35654
~~regulations for adoption by the public health council~~adopt rules	35655
providing for the issuance, to manufacturers, processor, or	35656
packers of such class of food in such locality, of permits to	35657
which shall be attached such conditions governing the manufacture,	35658
processing, or packing of such class food, for such temporary	35659
period of time, as may be necessary to protect the public health;	35660
and after the effective date of such regulations, and during such	35661
temporary period, no person shall introduce or deliver for	35662
introduction into commerce any such food manufactured, processed,	35663
or packed by any such manufacturer, processor, or packer unless	35664
such manufacturer, processor, or packer holds a permit issued by	35665
the director as provided by such ~~regulations~~rules.	35666

(B) The director is authorized to suspend immediately upon	35667
notice any permit issued under authority of this section if it is	35668
found that any of the conditions of the permit have been violated.	35669
The holder of a permit so suspended shall be privileged at any	35670
time to apply for the reinstatement of such permit, and the	35671
director shall, immediately after prompt hearing and on inspection	35672
of the establishment, reinstate such permit if it is found that	35673
adequate measures have been taken to comply with and maintain the	35674
conditions of the permit, as originally issued, or as amended.	35675

(C) The director shall have access to any factory or	35676
establishment, the operator of which holds a permit from the	35677
director for the purpose of ascertaining whether or not the	35678
conditions of the permit are being complied with, and denial of	35679
access for such inspection shall be ground for suspension of the	35680
permit until such access is freely given by the operator.	35681

Sec. 3715.62. Any poisonous or deleterious substance added	35682
to any food, except where such substance is required in the	35683
production thereof or cannot be avoided by good manufacturing	35684
practice, shall be unsafe for purposes of the application of	35685
division (B) of section 3715.59 of the Revised Code, but when such	35686
substance is so required or cannot be so avoided, the director of	35687
agriculture shall ~~propose regulations for adoption by the public~~	35688
~~health council~~adopt rules limiting the quantity therein or	35689
thereon to such extent as the director finds necessary for the	35690
protection of public health, and any quantity exceeding the limits	35691
so fixed shall also be deemed to be unsafe for purposes of the	35692
application of division (B) of section 3715.59 of the Revised	35693
Code. While such a regulation is in effect limiting the quantity	35694
of any such substance in the case of any food, such food shall	35695
not, by reason of bearing or containing any added amount of such	35696
substance, be considered to be adulterated within the meaning of	35697
division (A) of section 3715.59 of the Revised Code. In	35698
determining the quantity of such added substance to be tolerated	35699
in or on different articles of food, the director shall take into	35700
account the extent to which the use of such substance is required	35701
or cannot be avoided in the production of each such article and	35702
the other ways in which the consumer may be affected by the same	35703
or other poisonous or deleterious substances.	35704

Sec. 3715.68. (A) An advertisement of food, drug, device, or	35705
cosmetic is false if it is false or misleading in any particular.	35706

(B) For the purpose of sections 3715.01 and 3715.52 to	35707
3715.72 of the Revised Code, the advertisement of a drug or device	35708
representing it to have any effect in albuminuria, appendicitis,	35709
arteriosclerosis, blood poison, bone disease, Bright's disease,	35710
cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy,	35711
erysipelas, gallstones, heart and vascular diseases, high blood	35712
pressure, mastoiditis, measles, meningitis, mumps, nephritis,	35713
otitis media, paralysis, pneumonia, poliomyelitis (infantile	35714
paralysis), prostate gland disorders, pyelitis, scarlet fever,	35715
sexual impotence, sinus infection, tuberculosis, tumors, typhoid,	35716
uremia, venereal disease, is also false, except that no	35717
advertisement not in violation of division (A) of this section is	35718
false under this division if it is disseminated only to members of	35719
the medical, dental, pharmaceutical, or veterinary profession, or	35720
appears only in the scientific periodicals of these professions;	35721
provided, that whenever the director of agriculture determines	35722
that an advance in medical science has made any type of	35723
self-medication safe as to any of the diseases named above, the	35724
director shall ~~propose regulations for adoption by the public~~	35725
~~health council~~adopt rules authorizing the advertisement of drugs	35726
having curative or therapeutic effect for such disease, subject to	35727
such conditions and restrictions as the director may deem	35728
necessary in the interests of public health; provided, that this	35729
division shall not be construed as indicating that self-medication	35730
for diseases other than those named in this section is safe or	35731
efficacious.	35732

Sec. 3716.01. As used in sections 3716.01 to 3716.07,	35733
inclusive, of the Revised Code:	35734

(A) "Department" means the department of health.

35735

(B) "Director" means the director of health.

35736

(C) "Person" includes an individual, partnership,	35737
corporation, or association.	35738

(D) "Hazardous substance" means any substance or mixture of	35739
substances which is toxic, corrosive, an irritant, strong	35740
sensitizer, flammable, or which generates pressure through	35741
decomposition, heat, or other means, if such substance or mixture	35742
of substances may cause substantial personal injury or illness	35743
during any customary or reasonably anticipated handling or use.	35744

(E) "Toxic" applies to any substance which has the inherent	35745
capacity to produce bodily injury to man through ingestion,	35746
inhalation, or absorption through any body surface.	35747

(F)(1) "Highly toxic" means any substance which falls within	35748
any of the following categories:	35749

(a) Produces death within fourteen days in half or more than	35750
half of a group of ten or more laboratory white rats each weighing	35751
between two hundred and three hundred grams, at a single dose of	35752
fifty milligrams or less per kilogram of body weight, when orally	35753
administered;	35754

(b) Produces death within fourteen days in half or more than	35755
half of a group of ten or more laboratory white rats each weighing	35756
between two hundred and three hundred grams, when inhaled	35757
continuously for a period of one hour or less at an atmospheric	35758
concentration of two hundred parts per million by volume or less	35759
of gas, vapor, mist, or dust provided such concentration is likely	35760
to be encountered by ~~man~~a human being when the substance is used	35761
in any reasonably foreseeable manner;	35762

(c) Produces death within fourteen days in half or more than	35763
half of a group of ten or more rabbits tested in a dosage of two	35764
hundred milligrams or less per kilogram of body weight, when	35765
administered by continuous contact with the bare skin for	35766
twenty-four hours or less.	35767

(2) If the director finds that available data on human	35768
experience with any substance indicates results different from	35769
those obtained on animals in the above named dosages or	35770
concentrations, the human data shall take precedence.	35771

(G) "Corrosive" means any substance which in contact with	35772
living tissue will cause destruction of tissue by chemical action;	35773
but shall not refer to action on inanimate surfaces.	35774

(H) "Irritant" means any substance not corrosive within the	35775
meaning of division (G) of this section which on immediate,	35776
prolonged, or repeated contact with normal living tissue will	35777
induce a local inflammatory reaction.	35778

(I) "Strong sensitizer" means any substance which will cause	35779
on normal living tissue, through an allergic or photodynamic	35780
process, a hypersensitivity which becomes evident on reapplication	35781
of the same substance and which is designated as such by the	35782
director. Before designating any substance as a strong sensitizer,	35783
the director shall, after public hearing following due notice,	35784
find that the frequency of occurrence and severity of the reaction	35785
indicate a significant potential for causing hypersensitivity.	35786

(J) "Extremely flammable" applies to any substance which has	35787
a flash point at or below twenty degrees Fahrenheit as determined	35788
by the tagliabue open cut tester.	35789

(K) "Flammable" applies to any substance which has a flash	35790
point of above twenty degrees to and including eighty degrees	35791
Fahrenheit, as determined by the tagliabue open cut tester; except	35792
that the flammability of the contents of self-pressurized	35793
containers shall be determined by methods generally applicable to	35794
such containers and established by regulation of the ~~public health~~	35795
~~council~~director.	35796

(L) "Label" means a display of written, printed, or graphic	35797
matter upon or attached to the immediate package or container of	35798
any substance. Any word, statement, or other information required	35799
by sections 3716.01 to 3716.07, inclusive, of the Revised Code, to	35800
appear on the label must also appear (1) on the outside container	35801
or wrapper, if any, unless it is easily legible through the	35802
outside container or wrapper, and (2) on all accompanying	35803
literature where there are directions for use, written or	35804
otherwise.	35805

(M) "Immediate container" does not include package liners.

35806

(N) "Misbranded package" means any container of a hazardous	35807
substance intended or suitable for household use which fails to	35808
bear a label:	35809

(1) Which states conspicuously:

35810

(a) The name and place of business of the manufacturer,	35811
packer, or distributor;	35812

(b) The common or usual name, or the chemical name or the	35813
recognized generic name (not trade name only) of the hazardous	35814
substance or of each component which contributes substantially to	35815
its hazard;	35816

(c) The signal word "DANGER" on substances which are	35817
extremely flammable, corrosive, or which:	35818

(i) Produce death within fourteen days in half or more than	35819
half of a group of ten or more laboratory white rats each weighing	35820
between two hundred and three hundred grams, at a single dose of	35821
one gram or less per kilogram of body weight, when orally	35822
administered;	35823

(ii) Produce death within fourteen days in half or more than	35824
half of a group of ten or more laboratory white rats each weighing	35825
between two hundred and three hundred grams, when inhaled	35826
continuously for a period of one hour or less at an atmospheric	35827
concentration of two thousand parts per million by volume of gas,	35828
vapor, mist, or dust, provided such concentration is likely to be	35829
encountered by ~~man~~a human being when the substances are used in	35830
any reasonably foreseeable manner;	35831

(iii) Produce death within fourteen days in half or more than	35832
half of a group of ten or more rabbits tested in a dosage of one	35833
gram or less per kilogram of body weight, when administered by	35834
continuous contact with the bare skin for twenty-four hours or	35835
less;	35836

(iv) If the director finds that available data on human	35837
experience with any substance indicates results different from	35838
those obtained on animals in the above named dosages or	35839
concentrations, hethe director may require the use of the signal	35840
word "DANGER" on such substance or permit use of the signal word	35841
"WARNING" or "CAUTION" on such substance.	35842

(d) The signal word "WARNING" or "CAUTION" on all other	35843
hazardous substances;	35844

(e) An affirmative statement of the principal hazard or	35845
hazards, such as "Flammable," "Vapor Harmful," "Causes Burns,"	35846
"Absorbed Through Skin," or similar wording descriptive of the	35847
hazard;	35848

(f) Precautionary measures describing the action to be	35849
followed or avoided;	35850

(g) Instructions, when necessary, for the first-aid treatment	35851
in case of contact or exposure, if the substance is hazardous	35852
through contact or exposure;	35853

(h) The word "poison" for any hazardous substance which is	35854
defined as "highly toxic" by division (F) of this section;	35855

(i) Instructions for handling and storage of packages which	35856
require special care in handling or storage;	35857

(j) The statement "Keep out of the reach of children," or its	35858
practical equivalent.	35859

(2) On which any statements required under division (N) (1)	35860
of this section are located prominently and are in the English	35861
language in legible type in contrast by typography, layout, or	35862
color with other printed matter on the label.	35863

The ~~public health council~~director shall, by regulations,	35864
provide for minimum information which shall appear on the labels	35865
for small packages, which labels need not include all of the	35866
information required by this section. The director may permit less	35867
than the foregoing statement of the hazard or precautionary	35868
measures for labels of hazardous substances presenting only minor	35869
hazards; and the term "misbranded package" does not apply to	35870
packages of economic poisons subject to the "Federal Insecticide,	35871
Fungicide, and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A.	35872
135, nor to packages of foods, drugs, and cosmetics subject to the	35873
"Federal Food, Drug, and Cosmetic Act," nor to sections 3715.01 to	35874
3715.72, inclusive, of the Revised Code.	35875

Sec. 3716.03. The director of health shall:

35876

(A) ~~Propose and submit regulations for adoption by the public~~	35877
~~health council, subject to sections 119.01 to 119.13, inclusive,~~	35878
Adopt rules in accordance with Chapter 119. of the Revised Code,	35879
for the efficient enforcement of section 3716.02 of the Revised	35880
Code;	35881

(B) Conduct examinations, inspections, and investigations for	35882
the purpose of establishing such regulations, through such	35883
officers of the department of health or the boards of health, as	35884
hethe director delegates;	35885

(C) Designate officers and employees to enter at reasonable	35886
times any factory, warehouse, or establishment in which hazardous	35887
substances are held, or to enter any vehicle being used to	35888
transport or hold such hazardous substance:	35889

(1) For the purpose of determining the nature of such	35890
substances;	35891

(2) To inspect or copy all records showing the movement of	35892
any such hazardous substance, or the holding thereof during or	35893
after such movement, and the quantity, shipper, and consignee	35894
thereof; provided, evidence obtained under this subdivision shall	35895
not be used in a criminal prosecution of the person from whom	35896
obtained;	35897

(D) Inspect and sample, upon tender of reasonable price for	35898
such sample, at reasonable times and within reasonable limits and	35899
in a reasonable manner, finished hazardous substances in retail	35900
packages and labeling thereon in such factory, warehouse,	35901
establishment, or vehicle.	35902

Sec. 3717.01. As used in this chapter:

35903

(A) "Ohio uniform food safety code" means the food safety and	35904
related standards adopted under section 3717.05 of the Revised	35905
Code.	35906

(B) "Food" means any raw, cooked, or processed edible	35907
substance used or intended for use in whole or in part for human	35908
consumption. "Food" includes ice, water or any other beverage,	35909
food ingredients, and chewing gum.	35910

(C) "Retail food establishment" means a premises or part of a	35911
premises where food is stored, processed, prepared, manufactured,	35912
or otherwise held or handled for retail sale. Except when	35913
expressly provided otherwise, "retail food establishment" includes	35914
a mobile retail food establishment, seasonal retail food	35915
establishment, and temporary retail food establishment.	35916

As used in this division:

35917

(1) "Retail" means the sale of food to a person who is the	35918
ultimate consumer.	35919

(2) "Prepared" means any action that affects a food,	35920
including receiving and maintaining it at the temperature at which	35921
it was received.	35922

(D) "Seasonal retail food establishment" means a retail food	35923
establishment, other than a mobile retail food establishment, that	35924
is operated for not more than six months in a licensing period.	35925

(E) "Temporary retail food establishment" means a retail food	35926
establishment that is operated at an event for not more than five	35927
consecutive days, except when operated for more than five	35928
consecutive days pursuant to division (E)(2) of section 3717.23 of	35929
the Revised Code.	35930

(F) "Food service operation" means a place, location, site,	35931
or separate area where food intended to be served in individual	35932
portions is prepared or served for a charge or required donation.	35933
As used in this division, "served" means a response made to an	35934
order for one or more individual portions of food in a form that	35935
is edible without washing, cooking, or additional preparation and	35936
"prepared" means any action that affects a food other than	35937
receiving or maintaining it at the temperature at which it was	35938
received.	35939

Except when expressly provided otherwise, "food service	35940
operation" includes a catering food service operation, food	35941
delivery sales operation, mobile food service operation, seasonal	35942
food service operation, temporary food service operation, and	35943
vending machine location.	35944

(G) "Catering food service operation" means a food service	35945
operation where food is prepared for serving at a function or	35946
event held at an off-premises site, for a charge determined on a	35947
per-function or per-event basis.	35948

(H) "Food delivery sales operation" means a food service	35949
operation from which individual portions of food are ordered by a	35950
customer, prepared at another food service operation or a retail	35951
food establishment, and delivered to the customer by a person	35952
other than an employee of the food service operation or retail	35953
food establishment that prepared the food.	35954

(I) "Mobile food service operation" means a food service	35955
operation that is operated from a movable vehicle, portable	35956
structure, or watercraft and that routinely changes location,	35957
except that if the operation remains at any one location for more	35958
than forty consecutive days, the operation is no longer a mobile	35959
food service operation. "Mobile food service operation" includes a	35960
food service operation that does not remain at any one location	35961
for more than forty consecutive days and serves, in a manner	35962
consistent with division (F) of this section, only frozen	35963
desserts; beverages, nuts, popcorn, candy, or similar confections;	35964
bakery products identified in section 911.01 of the Revised Code;	35965
or any combination of those items.	35966

(J) "Seasonal food service operation" means a food service	35967
operation, other than a mobile food service operation, that is	35968
operated for not more than six months in a licensing period.	35969

(K) "Temporary food service operation" means a food service	35970
operation that is operated at an event for not more than five	35971
consecutive days, except when operated for more than five	35972
consecutive days pursuant to division (E)(2) of section 3717.43 of	35973
the Revised Code.	35974

(L) "Vending machine location" means an area or room where	35975
one or more vending machines are installed and operated, except	35976
that if the machines within an area are separated by more than one	35977
hundred fifty feet, each area separated by that distance	35978
constitutes a separate vending machine location. As used in this	35979
division, "vending machine" means a self-service device that	35980
automatically dispenses on the insertion of currency, tokens, or	35981
similar means a predetermined unit serving of food, either in bulk	35982
or in package, without having to be replenished after each use.	35983

(M) "Board of health" means a board of health of a city or	35984
general health district or the authority having the duties of a	35985
board of health under section 3709.05 of the Revised Code.	35986

(N) "Government entity" means this state, a political	35987
subdivision of this state, another state, or a political	35988
subdivision or other local government body of another state.	35989

(O) "Licensor" means one of the following:

35990

(1) A board of health approved under section 3717.11 of the	35991
Revised Code;	35992

(2) The director of agriculture acting pursuant to section	35993
3717.11 of the Revised Code with respect to the licensing of	35994
retail food establishments;	35995

(3) The director of health acting pursuant to section 3717.11	35996
of the Revised Code with respect to the licensing of food service	35997
operations.	35998

(P) "Licensing period" means the first day of March to the	35999
last day of February of the next succeeding year.	36000

(Q) "Mobile retail food establishment" means a retail food	36001
establishment that is operated from a movable vehicle or other	36002
portable structure, and that routinely changes location, except	36003
that if the establishment operates from any one location for more	36004
than forty consecutive days, the establishment is no longer a	36005
mobile retail food establishment.	36006

(R) "Unprocessed," when used with respect to fruits and	36007
vegetables, means that the fruits and vegetables are not processed	36008
beyond merely rough trimming and rinsing.	36009

(S) "Cottage food production operation" has the same meaning	36010
as in division (A)~~(20)~~(19) of section 3715.01 of the Revised Code.	36011

Sec. 3717.04. The director of agriculture~~, the public health~~	36012
~~council,~~ and the director of health have the exclusive power in	36013
this state to adopt rules regarding retail food establishments and	36014
food service operations. The rules adopted under this chapter	36015
shall be applied uniformly throughout this state.	36016

All rules adopted under this chapter shall be adopted in	36017
accordance with Chapter 119. of the Revised Code. Subject to the	36018
approval of the joint committee on agency rule review, portions of	36019
the rules may be adopted by referencing all or any part of any	36020
federal regulations pertaining to food safety.	36021

Sec. 3717.05. (A) The director of agriculture and the ~~public~~	36022
director of health ~~council~~ shall adopt rules establishing	36023
standards for safe food handling and sanitation in retail food	36024
establishments and food service operations. The rules shall be	36025
compiled as the Ohio uniform food safety code, which shall be used	36026
by the licensors of retail food establishments and food service	36027
operations in ensuring the safe handling of food in this state.	36028
All scientific provisions of the Ohio uniform food safety code	36029
that are relevant to both retail food establishments and food	36030
service operations shall be adopted by the director of agriculture	36031
and the ~~public~~director of health ~~council~~ with each other's	36032
concurrence.	36033

The Ohio uniform food safety code shall include the	36034
following:	36035

(1) Criteria for sanitation in retail food establishments and	36036
food service operations;	36037

(2) Criteria for equipment in retail food establishments and	36038
food service operations;	36039

(3) Criteria for reviewing the facility layout and equipment	36040
specifications of retail food establishments and food service	36041
operations;	36042

(4) A definition of "potentially hazardous" as it pertains to	36043
food in retail food establishments and to food in food service	36044
operations;	36045

(5) Criteria to be used in evaluating the primary business of	36046
a person or government entity for purposes of determining whether	36047
the person or entity should be licensed as a retail food	36048
establishment or food service operation.	36049

(B)(1) Except as provided in division (B)(2) of this section,	36050
if a model food code is established by the United States food and	36051
drug administration, the Ohio uniform food safety code shall be	36052
based on the most current version of the food and drug	36053
administration's model food code. If the food and drug	36054
administration adopts, modifies, or rescinds a provision in the	36055
model food code, not later than twelve months after the	36056
administration's action, the director of agriculture and ~~public~~	36057
director of health ~~council~~ shall adopt, amend, or rescind	36058
provisions in the Ohio uniform food safety code to ensure that it	36059
continues to conform with the model food code.	36060

(2) The Ohio uniform food safety code may contain or omit	36061
provisions that do not correspond to the food and drug	36062
administration's model food code if the director of agriculture or	36063
the ~~public~~director of health ~~council~~, with each other's	36064
concurrence, determines either of the following:	36065

(a) That rules can be adopted under this chapter that provide	36066
protection at least as effective as that which would be provided	36067
by basing the rules on the model food code;	36068

(b) That local conditions warrant the adoption of standards	36069
that are different from the model food code.	36070

Sec. 3717.07. (A) For purposes of establishing a licensing	36071
fee under sections 3717.25 and 3717.45 of the Revised Code, the	36072
director of agriculture and the ~~public~~director of health ~~council~~	36073
shall adopt rules establishing uniform methodologies for use in	36074
calculating the costs of licensing retail food establishments in	36075
the categories specified by the director of agriculture and the	36076
costs of licensing food service operations in the categories	36077
specified by the ~~council~~director of health. In adopting the	36078
rules, the director of agriculture and the ~~public~~director of	36079
health ~~council~~ shall consider any recommendations received from	36080
advisory boards or other entities representing the interests of	36081
retail food establishments and food service operations.	36082

(B) The rules shall include provisions that do all of the	36083
following:	36084

(1) Provide for calculations to be made according to fiscal	36085
years rather than licensing periods;	36086

(2) Limit the direct costs that may be attributed to the use	36087
of sanitarians by establishing appropriate statewide averages that	36088
may not be exceeded;	36089

(3) Limit the indirect costs that may be included in the	36090
calculation of fees to an amount that does not exceed thirty per	36091
cent of the cost of the licensing program;	36092

(4) Provide for a proportionate reduction in the fees to be	36093
charged if a licensor included anticipated costs in the	36094
immediately preceding calculation of licensing fees and the total	36095
amount of the anticipated costs was not incurred;	36096

(5) Provide for a proportionate reduction in the fees to be	36097
charged if it is discovered through an audit by the auditor of	36098
state or through any other means that the licensor has charged or	36099
is charging a licensing fee that exceeds the amount that should	36100
have been charged;	36101

(6) Provide for a twenty per cent reduction in the fees to be	36102
charged when the reduction is imposed as a penalty under division	36103
(C) of section 3717.071 of the Revised Code;	36104

(7) With regard to any fees charged for licensing vending	36105
machine locations, the rules shall prohibit a licensor from	36106
increasing fees by a percentage of increase over the previous	36107
year's fee that exceeds the percentage of increase in the consumer	36108
price index for all urban consumers (United States city average,	36109
all items), prepared by the United States department of labor,	36110
bureau of labor statistics, for the immediately preceding calendar	36111
year.	36112

Sec. 3717.45. (A) A licensor may charge fees for issuing and	36113
renewing food service operation licenses. Any licensing fee	36114
charged shall be used solely for the administration and	36115
enforcement of the provisions of this chapter and the rules	36116
adopted under it applicable to food service operations.	36117

Any licensing fee charged under this section shall be based	36118
on the licensor's costs of regulating food service operations, as	36119
determined according to the uniform methodologies established	36120
under section 3717.07 of the Revised Code. If the licensor is a	36121
board of health, a fee may be disapproved by the district advisory	36122
council in the case of a general health district or the	36123
legislative authority of the city in the case of a city health	36124
district. A disapproved fee shall not be charged by the board of	36125
health.	36126

Except when a licensing fee is established as an emergency	36127
measure, the licensor shall hold a public hearing regarding the	36128
proposed fee. At least twenty days prior to holding a public	36129
hearing, the licensor shall give written notice of the hearing to	36130
each person or government entity holding a food service operation	36131
license that may be affected by the proposed fee. The notice shall	36132
be mailed to the last known address of the licensee and shall	36133
specify the date, time, and place of the hearing and the amount of	36134
the proposed fee. On request, the licensor shall provide the	36135
completed uniform methodology used in the calculation of the	36136
licensor's costs and the proposed fee.	36137

(B) In addition to licensing fees, a licensor may charge fees	36138
for the following:	36139

(1) Review of facility layout and equipment specifications	36140
pertaining to food service operations, other than mobile and	36141
temporary food service operations, or similar reviews conducted	36142
for vending machine locations;	36143

(2) Any necessary collection and bacteriological examination	36144
of samples from food service operations, or similar services	36145
specified in rules adopted under this chapter by the ~~public~~	36146
director of health ~~council~~;	36147

(3) Attendance at a course of study offered by the licensor	36148
in food protection as it pertains to food service operations, if	36149
the course is approved under section 3717.09 of the Revised Code.	36150

(C)(1) The ~~public health council~~director may determine by	36151
rule an amount to be collected from applicants for food service	36152
operation licenses for use ~~by the director of health~~ in	36153
administering and enforcing the provisions of this chapter and the	36154
rules adopted under it applicable to food service operations.	36155
Licensors shall collect the amount prior to issuing an applicant's	36156
new or renewed license. If a licensing fee is charged under this	36157
section, the licensor shall collect the amount at the same time	36158
the fee is collected. Licensors are not required to provide notice	36159
or hold public hearings regarding amounts to be collected.	36160

(2) A licensor shall certify the amount collected under	36161
division (C)(1) of this section and transmit the amount to the	36162
treasurer of state according to the following schedule:	36163

(a) For amounts received by the licensor on or after the	36164
first day of January but not later than the thirty-first day of	36165
March, transmit the amounts not later than the fifteenth day of	36166
May;	36167

(b) For amounts received by the licensor on or after the	36168
first day of April but not later than the thirtieth day of June,	36169
transmit the amounts not later than the fifteenth day of August;	36170

(c) For amounts received by the licensor on or after the	36171
first day of July but not later than the thirtieth day of	36172
September, transmit the amounts not later than the fifteenth day	36173
of November;	36174

(d) For amounts received by the licensor on or after the	36175
first day of October but not later than the thirty-first day of	36176
December, transmit the amounts not later than the fifteenth day of	36177
February of the following year.	36178

(3) All amounts received under division (C)(2) of this	36179
section shall be deposited into the general operations fund	36180
created in section 3701.83 of the Revised Code. The director shall	36181
use the amounts solely for the administration and enforcement of	36182
the provisions of this chapter and the rules adopted under it	36183
applicable to food service operations.	36184

~~(4) The director may submit recommendations to the public~~	36185
~~health council regarding the amounts collected under division~~	36186
~~(C)(1) of this section. When making recommendations, the director~~	36187
~~shall submit a report stating the current and projected expenses~~	36188
~~of administering and enforcing the provisions of this chapter and~~	36189
~~the rules adopted under it applicable to food service operations~~	36190
~~and the total of all amounts that have been deposited in the~~	36191
~~general operations fund pursuant to division (C)(3) of this~~	36192
~~section. The director may include in the report any~~	36193
~~recommendations for modifying the department's administration and~~	36194
~~enforcement of the provisions of this chapter and the rules~~	36195
~~adopted under it applicable to food service operations.~~	36196

Sec. 3717.51. Pursuant to section 3717.04 of the Revised	36198
Code, the ~~public~~director of health ~~council~~ shall adopt rules	36199
regarding food service operations, as follows:	36200

(A) Licensing categories for food service operations and	36201
licensing requirements for each category;	36202

(B) Standards and procedures, including a schedule of	36203
frequency, for conducting inspections of food service operations;	36204

(C) Standards and procedures for conducting investigations of	36205
complaints pertaining to food service operations;	36206

(D) Procedures to be used by the director of health in	36207
approving courses of study for persons seeking certification in	36208
food protection, standards that must be met to receive and	36209
maintain the director's approval, and procedures for withdrawing	36210
the director's approval of a course if the standards for approval	36211
are no longer being met;	36212

(E) Standards for the provision of assistance to choking	36213
victims;	36214

(F) Any other matter the ~~council~~director considers relevant	36215
to the administration and enforcement of the provisions of this	36216
chapter applicable to food service operations.	36217

Sec. 3718.02. (A) The ~~public~~director of health ~~council~~, in	36218
accordance with Chapter 119. of the Revised Code, shall adopt, and	36219
subsequently may amend and rescind, rules of general application	36220
throughout the state to administer this chapter. Rules adopted	36221
under division (A) of this section shall do at least all of the	36222
following:	36223

(1) Require that the appropriate board of health approve or	36224
disapprove the installation, operation, and alteration of a sewage	36225
treatment system if it is not connected to a sanitary sewerage	36226
system;	36227

(2) Require a board of health, or other person as established	36228
by rule, to conduct a site evaluation for any proposed	36229
installation of a sewage treatment system;	36230

(3) Prescribe standards for the siting, design, installation,	36231
operation, monitoring, maintenance, and abandonment of sewage	36232
treatment systems that may be used in this state and for the	36233
progressive or incremental alteration or repair of an existing	36234
sewage treatment system or the progressive or incremental	36235
installation of a new system to replace an existing sewage	36236
treatment system. The rules shall be adopted so as to establish a	36237
preference for the repair of an existing sewage treatment system,	36238
when technically and economically feasible, rather than its	36239
replacement with a new system. The standards shall include at a	36240
minimum all of the following:	36241

(a) Soil absorption specifications and vertical separation	36242
distances.	36243

(i) Soil absorption specifications established in rules shall	36244
include standards regarding the sizing of sewage treatment systems	36245
in use in the state.	36246

(ii) In establishing soil absorption specifications and	36247
vertical separation distances, the rules shall identify those soil	36248
conditions that present a low or moderate risk of inadequate	36249
treatment or dispersal of sewage from sewage treatment systems.	36250
For low and moderate risk conditions, the required vertical	36251
separation distance shall not exceed eighteen inches except as	36252
authorized pursuant to rules adopted under divisions	36253
(A)(3)(a)(iii) and (iv) of this section.	36254

In addition, the rules shall identify those soil conditions	36255
that present a high risk of inadequate treatment or dispersal of	36256
sewage. For such high risk conditions, the vertical separation	36257
distance shall be set at a depth from twenty-four to thirty-six	36258
inches and shall not be lowered unless a reduction of vertical	36259
separation is granted in accordance with rules adopted under	36260
division (A)(3)(a)(iii) of this section.	36261

(iii) The rules shall establish options to be utilized by a	36262
board of health when approving the reductions of or compliance	36263
with vertical separation distances that are established in rules	36264
adopted under division (A)(3)(a)(ii) of this section. The options	36265
for a board of health in providing such approval shall include,	36266
but not be limited to: the use where deemed appropriate for a	36267
particular site of subsurface interceptor drains, perimeter	36268
drains, or engineered drainage; pretreatment of sewage; or soil	36269
elevation.	36270

(iv) The rules shall provide that a board of health may	36271
petition the director to increase the vertical separation	36272
distances required for sewage treatment systems in the applicable	36273
health district or a portion of the district when conditions	36274
present a high risk of inadequate treatment or dispersal of	36275
sewage. The rules also shall provide that the director may approve	36276
such a request upon a demonstration by the board of health that	36277
unusual or unique local conditions relating to terrain, bedrock,	36278
water table, soil fragments, or soil textures require the	36279
establishment of greater vertical separation distances within the	36280
jurisdiction of the board of health or a portion thereof. If,	36281
under the rules, the director of health approves a greater	36282
vertical separation distance, a board of health still may approve	36283
a reduction of that vertical separation distance for an individual	36284
sewage treatment system pursuant to rules adopted under division	36285
(A)(3)(a)(iii) of this section. Further, if, under the rules, the	36286
director approves a greater vertical separation distance, a person	36287
who is denied permission by a board of health to install or	36288
replace a sewage treatment system as a result of the director's	36289
approval may request a hearing in accordance with section 3718.11	36290
of the Revised Code.	36291

(b) Specifications for the quality of treated sewage effluent	36292
from household sewage treatment systems that is applied to soil on	36293
the property where a household sewage treatment system is located.	36294
The specifications established in the rules for the quality of	36295
effluent from discharging systems shall comply with discharge	36296
requirements imposed by the national pollutant discharge	36297
elimination system permit program established under section	36298
6111.03 of the Revised Code and rules adopted under it.	36299

(c) Requirements for the reasonable maintenance of a system	36300
according to maintenance requirements approved by the director of	36301
health as recommended by the sewage treatment system technical	36302
advisory committee or according to accepted standards and	36303
practices established in rules, as applicable. The requirements	36304
may include standards for service contracts or other arrangements	36305
that assure regular maintenance and upkeep of the system. In	36306
determining the reasonableness of a maintenance requirement, the	36307
director shall consider a manufacturer's maintenance requirements	36308
as well as all other maintenance alternatives.	36309

(4) Prescribe procedures for notification to boards of health	36310
of the approval of a sewage treatment system or components of a	36311
system by the director of health under section 3718.04 of the	36312
Revised Code;	36313

(5) Prescribe criteria and procedures under which boards of	36314
health shall issue installation permits, operation permits, and	36315
alteration permits for sewage treatment systems. The rules shall	36316
require as a condition of an installation permit that the	36317
installer of a system must warrant that the system was installed	36318
in accordance with all applicable rules and design requirements.	36319
In addition, the rules shall require a board of health, not later	36320
than sixty days after the issuance of an installation, operation,	36321
or alteration permit, to notify the director that the permit was	36322
issued. The rules shall require the notification to be in a format	36323
prescribed by the director and to include information related to	36324
the issuance of the permit. With the assistance of the department	36325
of health, a board of health, to the extent practicable, shall	36326
computerize the process of the issuance of permits for sewage	36327
treatment systems.	36328

(6) Require a board of health to inspect a sewage treatment	36329
system not later than twelve months after its installation to	36330
ensure that the system is operating properly. The rules shall	36331
require a board of health, not later than sixty days after the	36332
inspection, to certify to the director on a form provided by the	36333
director that the inspection was performed.	36334

(7) Require each board of health to develop a program for the	36335
administration of maintenance requirements established in rules	36336
adopted under division (A)(3)(c) of this section. The rules shall	36337
include requirements and procedures under which a person may	36338
demonstrate the required maintenance of a system in lieu of having	36339
an inspection conducted when an inspection otherwise is required.	36340
The rules shall require a board of health to provide written	36341
notice to a person that is demonstrating maintenance of a system	36342
in lieu of an inspection that if proof of the required maintenance	36343
of the system is not provided as required by rules, the system is	36344
subject to inspection by the board and the reasonable cost of the	36345
inspection must be paid by the person. The rules shall authorize a	36346
board of health to inspect any sewage treatment system if there is	36347
a good-faith complaint regarding the system, there is probable	36348
cause for the inspection, or proof of the required maintenance of	36349
the system has not been provided as required by rules. In	36350
addition, the rules shall authorize a board of health to inspect a	36351
sewage treatment system without prior notice in any instance in	36352
which the board has probable cause to believe that the system is	36353
endangering or threatening to endanger public health. The rules	36354
shall require that the reasonable costs for sewage effluent	36355
testing or evaluation be paid by the owner of a sewage treatment	36356
system that is being investigated. Further, the rules shall	36357
establish a methodology for determining the reasonable costs of an	36358
inspection in accordance with section 3709.09 of the Revised Code.	36359
The rules shall allow, but shall not require, a board of health to	36360
continue an inspection program that was established by the board	36361
prior to the effective date of the rules, provided that the	36362
program authorizes a person to demonstrate the required	36363
maintenance of a system in lieu of an inspection.	36364

(8) Require a board of health to register installers, service	36365
providers, and septage haulers that perform work within the health	36366
district; prescribe criteria and procedures for the registration;	36367
and prescribe criteria for a demonstration of competency as a part	36368
of the registration. The rules shall establish uniform statewide	36369
bonding requirements or other financial security requirements for	36370
installers, service providers, and septage haulers as a condition	36371
of registration within any health district. The rules shall	36372
establish a methodology by which the required amount of a bond or	36373
other security may be calculated for each installer, service	36374
provider, and septage hauler. The methodology, at a minimum, shall	36375
consider the number of systems installed or serviced and the type	36376
of system installed or serviced by an installer, service provider,	36377
or septage hauler on an annual basis. The rules shall provide that	36378
no board of health shall require an additional or different bond	36379
or security requirement as a condition of registration beyond the	36380
bonding and security requirements established in the rules adopted	36381
under division (A)(8) of this section.	36382

The rules shall establish a cost methodology for determining	36383
the fee for the registration of an installer, service provider, or	36384
septage hauler in any health district.	36385

(9) Prescribe requirements for the collection,	36386
transportation, disposal, and land application of domestic septage	36387
in this state from a sewage treatment system;	36388

(10) Require boards of health to maintain records that are	36389
determined necessary to ascertain compliance with this chapter and	36390
the rules adopted under it;	36391

(11) Require the manufacturer of a sewage treatment system	36392
that is authorized for use in this state in rules adopted under	36393
this section or that is approved for use in this state under	36394
section 3718.04 of the Revised Code to provide instructions for	36395
the operation and maintenance of the system. The rules shall	36396
provide that a board of health may require a copy of a	36397
manufacturer's instructions for the operation and maintenance of a	36398
system to be filed with the board prior to the installation and	36399
use of the system in the health district in which the board has	36400
jurisdiction. In addition, the rules shall require a board of	36401
health and a manufacturer to provide a copy of the operation and	36402
maintenance instructions, if available, when a board of health or	36403
a manufacturer receives a written request for instructions.	36404

(12) Prescribe criteria for the provision of written evidence	36405
of compliance with rules pertaining to sewage treatment for	36406
purposes of sections 711.05 and 711.10 of the Revised Code;	36407

(13) Pursuant to divisions (A)(1) and (3) of this section,	36408
prescribe standards for the siting, design, installation,	36409
operation, monitoring, maintenance, and abandonment of small flow	36410
on-site sewage treatment systems that may be used in this state;	36411

(14) Prescribe minimum criteria and procedures under which	36412
boards of health may establish household sewage treatment district	36413
management programs for the purpose of providing a responsive	36414
approach toward preventing or solving sewage treatment problems	36415
resulting from household sewage treatment systems within the	36416
districts established under the program. For purposes of division	36417
(A)(14) of this section, a board of health may enter into a	36418
contract with any entity to administer a household sewage	36419
treatment district management program.	36420

(15) Prescribe standards for the use of subsurface	36421
interceptor drains, perimeter drains, and engineered drainage to	36422
remove or divert any subsurface water from an area to be used for	36423
soil absorption of sewage in the soil of a sewage treatment	36424
system;	36425

(16) Prescribe standards for the inspection of septage	36426
hauling truck tanks by boards of health, including, but not	36427
limited to, tank seal safety specifications;	36428

(17) Establish standards and testing methods to ensure that	36429
all septic tanks, other disposal component tanks, dosing tanks,	36430
pump vaults, household sewage treatment disposal system holding	36431
tanks and privy vaults, or other applicable sewage disposal system	36432
components manufactured after ~~the effective date of this section~~	36433
September 17, 2010, and used in this state are watertight and	36434
structurally sound;	36435

(18) Require a board of health to give notice and an	36436
opportunity for a hearing, pursuant to section 3718.11 of the	36437
Revised Code, to an affected property owner regarding any of the	36438
following:	36439

(a) The denial of an installation, operation, or alteration	36440
permit for a sewage treatment system;	36441

(b) The imposition of a condition on the installation of a	36442
sewage treatment system;	36443

36444

(d) Any other final order or decision of a board of health	36445
that is made under this chapter concerning which a property owner	36446
is claiming to be aggrieved or adversely affected.	36447

The rules also shall establish procedures for giving such	36448
notice and for conducting the hearing required in rules adopted	36449
under division (A)(18) of this section.	36450

(19) Prescribe standards for the regulation of gray water	36451
recycling systems;	36452

(20) Prohibit a sewage treatment system from causing a public	36453
health nuisance;	36454

(21) Define economic impact for purposes of division (B) of	36455
this section and section 3718.022 of the Revised Code.	36456

The ~~council~~director may adopt other rules under division (A)	36457
of this section that itthe director determines are necessary to	36458
implement this chapter and to protect the public health and	36459
welfare.	36460

At least sixty days prior to adopting a rule under division	36461
(A) of this section, the ~~council~~director shall provide boards of	36462
health and any other interested parties an opportunity to comment	36463
on the rule.	36464

(B)(1) In accordance with section 3709.20 or 3709.21 of the	36465
Revised Code, as applicable, and subject to review by and approval	36466
of the director under division (C) of section 3718.05 of the	36467
Revised Code, a board of health may adopt rules necessary for the	36468
public health providing for more stringent standards than those	36469
established in rules ~~of the public health council~~ adopted by the	36470
director under division (A) of this section. In proposing or	36471
adopting the rules, a board of health shall consider and document	36472
the economic impact of the rules on property owners within the	36473
applicable health district.	36474

(2) A board that intends to adopt rules shall notify the	36475
department of health of the proposed rules and submit a copy of	36476
the proposed rules and the documentation of the economic impact of	36477
the rules at least ninety days prior to the proposed date of	36478
adoption. The director shall approve or disapprove any such	36479
proposed rule within ninety days after receiving a copy of the	36480
proposed rule from the board of health.	36481

(3) In reviewing a proposed rule, the director shall approve	36482
the rule if all of the following apply:	36483

(a) The proposed rule is not in conflict with this chapter or	36484
rules adopted under it.	36485

(b) The proposed rule is authorized by division (B) of this	36486
section.	36487

(c) The proposed rule is no less stringent than rules adopted	36488
by the ~~public health council~~director.	36489

(d) Unless otherwise authorized by this chapter or rules	36490
adopted under it, the proposed rule does not require design	36491
changes to a sewage treatment system, or component thereof, that	36492
differ from a design authorized in rules adopted under division	36493
(A) of this section, including rules adopted under division (A)(1)	36494
or (A)(3)(a)(iii) or (iv) of this section, or approved by the	36495
director under section 3718.04 of the Revised Code.	36496

(e) The proposed rule does not require operation or	36497
maintenance procedures for a sewage treatment system that conflict	36498
with operation or maintenance procedures authorized in rules	36499
adopted under division (A) of this section, including rules	36500
adopted under division (A)(1) or (A)(3)(a)(iii) or (iv) of this	36501
section, or approved by the director under section 3718.04 of the	36502
Revised Code.	36503

(4) If a board of health fails to submit a proposed rule to	36504
the director or fails to demonstrate that the board has considered	36505
the economic impact of the proposed rule, the rule shall have no	36506
force or effect and is not enforceable.	36507

Sec. 3718.021. (A) A board of health may regulate the siting,	36508
design, installation, operation, monitoring, maintenance, and	36509
abandonment of small flow on-site sewage treatment systems in	36510
accordance with rules adopted by the ~~public~~director of health	36511
~~council~~ under division (A)(13) of section 3718.02 of the Revised	36512
Code. If a board of health chooses to regulate small flow on-site	36513
sewage treatment systems, the board first shall send written	36514
notification to the director of health and the director of	36515
environmental protection.	36516

(B) If a board of health chooses to regulate small flow	36517
on-site sewage treatment systems under division (A) of this	36518
section and later determines that it no longer wants to regulate	36519
those systems, the board shall notify the director of health and	36520
the director of environmental protection. Upon the receipt of the	36521
notification by the director of environmental protection, the	36522
board of health shall cease regulating small flow on-site sewage	36523
treatment systems, and the environmental protection agency shall	36524
regulate those systems.	36525

(C) If after a survey conducted under section 3718.07 of the	36526
Revised Code the director of health finds that a board of health	36527
that has chosen to regulate small flow on-site sewage treatment	36528
systems is not complying with the rules adopted under division	36529
(A)(13) of section 3718.02 of the Revised Code, the director shall	36530
notify the director of environmental protection and the board of	36531
health. Upon receipt of the notification, the board shall cease	36532
regulating small flow on-site sewage treatment systems, and the	36533
environmental protection agency shall regulate those systems.	36534

Sec. 3718.022. Notwithstanding any provision in this chapter	36535
to the contrary, in adopting rules under division (A) of section	36536
3718.02 of the Revised Code, the ~~public~~director of health ~~council~~	36537
shall consider the economic impact of the rules on property	36538
owners, the state of available technology, and the nature and	36539
economics of the available ~~alteratives~~alternatives.	36540

Sec. 3718.05. The director of health shall do all of the	36541
following:	36542

(A) Administer and enforce this chapter and the rules ~~of the~~	36543
~~public health council~~ adopted under it;	36544

(B) Examine records of boards of health, in accordance with	36545
rules adopted by the ~~council~~director, that are determined	36546
necessary to ascertain compliance with this chapter and rules	36547
adopted under it;	36548

(C) Review and approve or disapprove rules proposed by boards	36549
of health under division (B) of section 3718.02 of the Revised	36550
Code. The director shall not disapprove a proposed rule unless the	36551
director determines that the proposed rule conflicts with this	36552
chapter or rules adopted under division (A) of section 3718.02 of	36553
the Revised Code ~~by the public health council~~ or fails to promote	36554
public health or environmental protection. If the director	36555
disapproves a proposed rule, the director shall provide a written	36556
explanation of the director's disapproval to the board of health	36557
that proposed the rule.	36558

(D) Survey boards of health as required by section 3718.07 of	36559
the Revised Code;	36560

(E) Develop with the sewage treatment system technical	36561
advisory committee standards, guidelines, and protocols for use by	36562
the director in approving or disapproving a sewage treatment	36563
system under section 3718.04 of the Revised Code and an	36564
application form for use by applicants for that approval,	36565
including identification of the information that must be included	36566
with the form;	36567

(F) Provide instructions on the operation and maintenance of	36568
a sewage treatment system. The director shall provide the	36569
operation and maintenance instructions on the department of	36570
health's web site. In addition, the director shall provide a copy	36571
of the operation and maintenance instructions when the director	36572
receives a written request for the instructions.	36573

(G) Develop educational programs, in conjunction with boards	36574
of health, to educate owners of sewage treatment systems regarding	36575
the proper operation and maintenance of those systems.	36576

Sec. 3718.06. (A)~~(1)~~ A board of health shall establish fees	36577
in accordance with section 3709.09 of the Revised Code for the	36578
purpose of carrying out its duties under this chapter and rules	36579
adopted under it, including fees for installation permits,	36580
operation permits, and alteration permits issued by the board. All	36581
fees so established and collected by the board shall be deposited	36582
in a special fund of the district to be used exclusively by the	36583
board in carrying out those duties.	36584

~~(2)~~(B) In accordance with Chapter 119. of the Revised Code,	36585
the ~~public~~director of health ~~council~~ may establish by rule a fee	36586
to be collected from applicants for installation permits and	36587
alteration permits issued under rules adopted under this chapter.	36588
The director of health shall use not more than seventy-five per	36589
cent of the proceeds from that fee for administering and enforcing	36590
this chapter and the rules adopted under it by the ~~council~~	36591
director. The director shall use not less than twenty-five per	36592
cent of the proceeds from that fee to establish a program in	36593
cooperation with boards of health to fund installation and	36594
evaluation of sewage treatment system new technology pilot	36595
projects through grants or other agreements. In the selection of	36596
pilot projects, the director shall consult with the sewage	36597
treatment system technical advisory committee. A board of health	36598
shall collect and transmit the fee to the director pursuant to	36599
section 3709.092 of the Revised Code.	36600

~~(B) The director may submit recommendations to the public~~	36601
~~health council regarding the amount of the fee collected under~~	36602
~~division (A)(2) of this section for installation and alteration~~	36603
~~permits. When making the recommendations, the director shall~~	36604
~~submit a report stating the current and projected expenses of~~	36605
~~administering and enforcing this chapter and the rules adopted~~	36606
~~under it and of the sewage treatment system new technology pilot~~	36607
~~projects program established under this section and the total of~~	36608
~~all money that has been deposited to the credit of the general~~	36609
~~operations fund under division (A)(2) of this section. The~~	36610
~~director may include in the report any recommendations for~~	36611
~~modifying the requirements established under this chapter and the~~	36612
~~rules adopted under it by the council.~~	36613

Sec. 3718.07. The director of health shall survey each city	36615
and general health district at least once every three years to	36616
determine whether there is substantial compliance with the	36617
requirements of this chapter pertaining to health districts and	36618
the applicable rules adopted by the ~~public health council~~director	36619
under this chapter. Upon determining that there is substantial	36620
compliance, the director shall place the district on an approved	36621
list. The director may resurvey an approved district if it is	36622
determined by the director to be necessary and may remove from the	36623
list a district that is found not to be substantially complying	36624
with the requirements of this chapter pertaining to health	36625
districts and the applicable rules.	36626

If the director determines that a district is not eligible to	36627
be placed on the approved list or to continue on the list after a	36628
resurvey, the director shall certify that determination to the	36629
board of health, and the director shall carry out the duties of	36630
the unapproved health district under this chapter and the	36631
applicable rules adopted under it within the district or shall	36632
contract with an approved health district to conduct those duties	36633
until the unapproved district is placed on or returned to the	36634
approved list. The director or the contracting district shall have	36635
within the unapproved district the authority to exercise powers	36636
and perform duties granted to or imposed on the board under this	36637
chapter and the applicable rules adopted under it.	36638

Until the unapproved district is placed on or returned to the	36639
approved list, the director or the contracting district shall	36640
collect all fees payable to the board of health under this chapter	36641
and all such fees previously paid to the unapproved district that	36642
have not been expended or encumbered. The director shall deposit	36643
those fees in the state treasury to the credit of a special fund,	36644
which is hereby created, to be used by the director for the	36645
purpose of carrying out the duties of the unapproved health	36646
district under this chapter and the applicable rules adopted under	36647
it. A contracting district shall deposit those fees to the credit	36648
of its fund created under section 3718.06 of the Revised Code to	36649
be used by the district for the purpose of carrying out the duties	36650
of the unapproved district under this chapter and the applicable	36651
rules adopted under it. The director or contracting district shall	36652
repay to the unapproved district any balance remaining in the	36653
applicable fund from all sources when the unapproved district is	36654
placed on or returned to the approved list by the director.	36655

If a health district is removed from the approved list under	36656
this section and the board of health of the district is regulating	36657
small flow on-site sewage treatment systems in the district under	36658
section 3718.021 of the Revised Code, the director of	36659
environmental protection shall regulate those systems in that	36660
district in accordance with division (C) of that section.	36661

Sec. 3718.09. (A) A board of health may issue, modify,	36662
suspend, or revoke enforcement orders to a registration or permit	36663
holder or other person directing the holder or person to abate a	36664
violation of this chapter, any rule adopted or order issued under	36665
it, or a condition of a registration or permit issued under it	36666
within a specified, reasonable time. If an order issued under this	36667
division is neglected or disregarded, the applicable board of	36668
health may proceed in accordance with section 3707.02 of the	36669
Revised Code.	36670

(B) The health commissioner or the commissioner's designated	36671
representative, without prior notice or hearing and in accordance	36672
with ~~the~~ rules ofadopted by the ~~public~~director of health	36673
~~council~~, may issue an emergency order requiring any action	36674
necessary to meet a public health emergency or to prevent or abate	36675
an imminent and substantial threat to surface water or ground	36676
water regarding domestic septage management or regarding a sewage	36677
treatment system that is being operated in a manner that does not	36678
comply with this chapter or rules adopted under it. A person to	36679
whom such an emergency order is issued immediately shall comply	36680
with the order. A person so ordered may apply to the issuer of the	36681
order for a hearing, which shall be held as soon as possible, but	36682
not later than twenty days after the issuer's receipt of the	36683
application for a hearing.	36684

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	36685
3721.99 of the Revised Code:	36686

(1)(a) "Home" means an institution, residence, or facility	36687
that provides, for a period of more than twenty-four hours,	36688
whether for a consideration or not, accommodations to three or	36689
more unrelated individuals who are dependent upon the services of	36690
others, including a nursing home, residential care facility, home	36691
for the aging, and a veterans' home operated under Chapter 5907.	36692
of the Revised Code.	36693

(b) "Home" also means both of the following:

36694

(i) Any facility that a person, as defined in section 3702.51	36695
of the Revised Code, proposes for certification as a skilled	36696
nursing facility or nursing facility under Title XVIII or XIX of	36697
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	36698
as amended, and for which a certificate of need, other than a	36699
certificate to recategorize hospital beds as described in section	36700
~~3702.522~~3702.521 of the Revised Code or division (R)(7)(d) of the	36701
version of section 3702.51 of the Revised Code in effect	36702
immediately prior to April 20, 1995, has been granted to the	36703
person under sections 3702.51 to 3702.62 of the Revised Code after	36704
August 5, 1989;	36705

(ii) A county home or district home that is or has been	36706
licensed as a residential care facility.	36707

36708

(i) Except as provided in division (A)(1)(b) of this section,	36709
a public hospital or hospital as defined in section 3701.01 or	36710
5122.01 of the Revised Code;	36711

(ii) A residential facility ~~for mentally ill persons~~ as	36712
defined ~~under~~in section 5119.22 of the Revised Code;	36713

(iii) A residential facility as defined in section 5123.19 of	36714
the Revised Code;	36715

(iv) ~~An adult care facility as defined in section 5119.70 of~~	36716
~~the Revised Code;~~	36717

~~(v)~~ An alcohol or drug addiction program as defined in	36718
section 3793.01 of the Revised Code;	36719

~~(vi)~~(v) A facility licensed to provide methadone treatment	36720
under section 3793.11 of the Revised Code;	36721

~~(vii)~~(vi) A facility providing services under contract with	36722
the department of developmental disabilities under section 5123.18	36723
of the Revised Code ~~unless section 5123.192 of the Revised Code~~	36724
~~makes the facility subject to the requirements of this chapter~~;	36725

~~(viii)~~(vii) A facility operated by a hospice care program	36726
licensed under section 3712.04 of the Revised Code that is used	36727
exclusively for care of hospice patients;	36728

~~(ix)~~(viii) A facility, infirmary, or other entity that is	36729
operated by a religious order, provides care exclusively to	36730
members of religious orders who take vows of celibacy and live by	36731
virtue of their vows within the orders as if related, and does not	36732
participate in the medicare program established under Title XVIII	36733
of the "Social Security Act" or the medical assistance program	36734
established under Chapter 5111. of the Revised Code and Title XIX	36735
of the "Social Security Act," if on January 1, 1994, the facility,	36736
infirmary, or entity was providing care exclusively to members of	36737
the religious order;	36738

~~(x)~~(ix) A county home or district home that has never been	36739
licensed as a residential care facility.	36740

(2) "Unrelated individual" means one who is not related to	36741
the owner or operator of a home or to the spouse of the owner or	36742
operator as a parent, grandparent, child, grandchild, brother,	36743
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	36744
uncle.	36745

(3) "Mental impairment" does not mean mental illness as	36746
defined in section 5122.01 of the Revised Code or mental	36747
retardation as defined in section 5123.01 of the Revised Code.	36748

(4) "Skilled nursing care" means procedures that require	36749
technical skills and knowledge beyond those the untrained person	36750
possesses and that are commonly employed in providing for the	36751
physical, mental, and emotional needs of the ill or otherwise	36752
incapacitated. "Skilled nursing care" includes, but is not limited	36753
to, the following:	36754

(a) Irrigations, catheterizations, application of dressings,	36755
and supervision of special diets;	36756

(b) Objective observation of changes in the patient's	36757
condition as a means of analyzing and determining the nursing care	36758
required and the need for further medical diagnosis and treatment;	36759

36760

(d) Administration of medication by any method ordered by a	36761
physician, such as hypodermically, rectally, or orally, including	36762
observation of the patient after receipt of the medication;	36763

(e) Carrying out other treatments prescribed by the physician	36764
that involve a similar level of complexity and skill in	36765
administration.	36766

(5)(a) "Personal care services" means services including, but	36767
not limited to, the following:	36768

(i) Assisting residents with activities of daily living;

36769

(ii) Assisting residents with self-administration of	36770
medication, in accordance with rules adopted under section 3721.04	36771
of the Revised Code;	36772

(iii) Preparing special diets, other than complex therapeutic	36773
diets, for residents pursuant to the instructions of a physician	36774
or a licensed dietitian, in accordance with rules adopted under	36775
section 3721.04 of the Revised Code.	36776

(b) "Personal care services" does not include "skilled	36777
nursing care" as defined in division (A)(4) of this section. A	36778
facility need not provide more than one of the services listed in	36779
division (A)(5)(a) of this section to be considered to be	36780
providing personal care services.	36781

(6) "Nursing home" means a home used for the reception and	36782
care of individuals who by reason of illness or physical or mental	36783
impairment require skilled nursing care and of individuals who	36784
require personal care services but not skilled nursing care. A	36785
nursing home is licensed to provide personal care services and	36786
skilled nursing care.	36787

(7) "Residential care facility" means a home that provides	36788
either of the following:	36789

(a) Accommodations for seventeen or more unrelated	36790
individuals and supervision and personal care services for three	36791
or more of those individuals who are dependent on the services of	36792
others by reason of age or physical or mental impairment;	36793

(b) Accommodations for three or more unrelated individuals,	36794
supervision and personal care services for at least three of those	36795
individuals who are dependent on the services of others by reason	36796
of age or physical or mental impairment, and, to at least one of	36797
those individuals, any of the skilled nursing care authorized by	36798
section 3721.011 of the Revised Code.	36799

(8) "Home for the aging" means a home that provides services	36800
as a residential care facility and a nursing home, except that the	36801
home provides its services only to individuals who are dependent	36802
on the services of others by reason of both age and physical or	36803
mental impairment.	36804

The part or unit of a home for the aging that provides	36805
services only as a residential care facility is licensed as a	36806
residential care facility. The part or unit that may provide	36807
skilled nursing care beyond the extent authorized by section	36808
3721.011 of the Revised Code is licensed as a nursing home.	36809

(9) "County home" and "district home" mean a county home or	36810
district home operated under Chapter 5155. of the Revised Code.	36811

(B) The ~~public~~director of health ~~council~~ may further	36812
classify homes. For the purposes of this chapter, any residence,	36813
institution, hotel, congregate housing project, or similar	36814
facility that meets the definition of a home under this section is	36815
such a home regardless of how the facility holds itself out to the	36816
public.	36817

(C) For purposes of this chapter, personal care services or	36818
skilled nursing care shall be considered to be provided by a	36819
facility if they are provided by a person employed by or	36820
associated with the facility or by another person pursuant to an	36821
agreement to which neither the resident who receives the services	36822
nor the resident's sponsor is a party.	36823

(D) Nothing in division (A)(4) of this section shall be	36824
construed to permit skilled nursing care to be imposed on an	36825
individual who does not require skilled nursing care.	36826

Nothing in division (A)(5) of this section shall be construed	36827
to permit personal care services to be imposed on an individual	36828
who is capable of performing the activity in question without	36829
assistance.	36830

(E) Division (A)(1)(c)~~(ix)~~(viii) of this section does not	36831
prohibit a facility, infirmary, or other entity described in that	36832
division from seeking licensure under sections 3721.01 to 3721.09	36833
of the Revised Code or certification under Title XVIII or XIX of	36834
the "Social Security Act." However, such a facility, infirmary, or	36835
entity that applies for licensure or certification must meet the	36836
requirements of those sections or titles and the rules adopted	36837
under them and obtain a certificate of need from the director of	36838
health under section 3702.52 of the Revised Code.	36839

(F) Nothing in this chapter, or rules adopted pursuant to it,	36840
shall be construed as authorizing the supervision, regulation, or	36841
control of the spiritual care or treatment of residents or	36842
patients in any home who rely upon treatment by prayer or	36843
spiritual means in accordance with the creed or tenets of any	36844
recognized church or religious denomination.	36845

Sec. 3721.011. (A) In addition to providing accommodations,	36846
supervision, and personal care services to its residents, a	36847
residential care facility may do the following:	36848

(1) Provide the following skilled nursing care to its	36849
residents:	36850

(a) Supervision of special diets;

36851

(b) Application of dressings, in accordance with rules	36852
adopted under section 3721.04 of the Revised Code;	36853

(c) Subject to division (B)(1) of this section,	36854
administration of medication.	36855

(2) Subject to division (C) of this section, provide other	36856
skilled nursing care on a part-time, intermittent basis for not	36857
more than a total of one hundred twenty days in a twelve-month	36858
period;	36859

(3) Provide skilled nursing care for more than one hundred	36860
twenty days in a twelve-month period to a resident when the	36861
requirements of division (D) of this section are met.	36862

A residential care facility may not admit or retain an	36863
individual requiring skilled nursing care that is not authorized	36864
by this section. A residential care facility may not provide	36865
skilled nursing care beyond the limits established by this	36866
section.	36867

(B)(1) A residential care facility may admit or retain an	36868
individual requiring medication, including biologicals, only if	36869
the individual's personal physician has determined in writing that	36870
the individual is capable of self-administering the medication or	36871
the facility provides for the medication to be administered to the	36872
individual by a home health agency certified under Title XVIII of	36873
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	36874
amended; a hospice care program licensed under Chapter 3712. of	36875
the Revised Code; or a member of the staff of the residential care	36876
facility who is qualified to perform medication administration.	36877
Medication may be administered in a residential care facility only	36878
by the following persons authorized by law to administer	36879
medication:	36880

(a) A registered nurse licensed under Chapter 4723. of the	36881
Revised Code;	36882

(b) A licensed practical nurse licensed under Chapter 4723.	36883
of the Revised Code who holds proof of successful completion of a	36884
course in medication administration approved by the board of	36885
nursing and who administers the medication only at the direction	36886
of a registered nurse or a physician authorized under Chapter	36887
4731. of the Revised Code to practice medicine and surgery or	36888
osteopathic medicine and surgery;	36889

(c) A medication aide certified under Chapter 4723. of the	36890
Revised Code;	36891

(d) A physician authorized under Chapter 4731. of the Revised	36892
Code to practice medicine and surgery or osteopathic medicine and	36893
surgery.	36894

(2) In assisting a resident with self-administration of	36895
medication, any member of the staff of a residential care facility	36896
may do the following:	36897

(a) Remind a resident when to take medication and watch to	36898
ensure that the resident follows the directions on the container;	36899

(b) Assist a resident by taking the medication from the	36900
locked area where it is stored, in accordance with rules adopted	36901
pursuant to section 3721.04 of the Revised Code, and handing it to	36902
the resident. If the resident is physically unable to open the	36903
container, a staff member may open the container for the resident.	36904

(c) Assist a physically impaired but mentally alert resident,	36905
such as a resident with arthritis, cerebral palsy, or Parkinson's	36906
disease, in removing oral or topical medication from containers	36907
and in consuming or applying the medication, upon request by or	36908
with the consent of the resident. If a resident is physically	36909
unable to place a dose of medicine to the resident's mouth without	36910
spilling it, a staff member may place the dose in a container and	36911
place the container to the mouth of the resident.	36912

(C) Except as provided in division (D) of this section, a	36913
residential care facility may admit or retain individuals who	36914
require skilled nursing care beyond the supervision of special	36915
diets, application of dressings, or administration of medication,	36916
only if the care will be provided on a part-time, intermittent	36917
basis for not more than a total of one hundred twenty days in any	36918
twelve-month period. In accordance with Chapter 119. of the	36919
Revised Code, the ~~public~~director of health ~~council~~ shall adopt	36920
rules specifying what constitutes the need for skilled nursing	36921
care on a part-time, intermittent basis. The ~~council~~director	36922
shall adopt rules that are consistent with rules pertaining to	36923
home health care adopted by the director of job and family	36924
services for the medicaid program established under Chapter 5111.	36925
of the Revised Code. Skilled nursing care provided pursuant to	36926
this division may be provided by a home health agency certified	36927
under Title XVIII of the "Social Security Act," a hospice care	36928
program licensed under Chapter 3712. of the Revised Code, or a	36929
member of the staff of a residential care facility who is	36930
qualified to perform skilled nursing care.	36931

A residential care facility that provides skilled nursing	36932
care pursuant to this division shall do both of the following:	36933

(1) Evaluate each resident receiving the skilled nursing care	36934
at least once every seven days to determine whether the resident	36935
should be transferred to a nursing home;	36936

(2) Meet the skilled nursing care needs of each resident	36937
receiving the care.	36938

(D)(1) A residential care facility may admit or retain an	36939
individual who requires skilled nursing care for more than one	36940
hundred twenty days in any twelve-month period only if the	36941
facility has entered into a written agreement with each of the	36942
following:	36943

(a) The individual or individual's sponsor;

36944

(b) The individual's personal physician;

36945

(c) Unless the individual's personal physician oversees the	36946
skilled nursing care, the provider of the skilled nursing care;	36947

(d) If the individual is a hospice patient as defined in	36948
section 3712.01 of the Revised Code, a hospice care program	36949
licensed under Chapter 3712. of the Revised Code.	36950

(2) The agreement required by division (D)(1) of this section	36951
shall include all of the following provisions:	36952

(a) That the individual will be provided skilled nursing care	36953
in the facility only if a determination has been made that the	36954
individual's needs can be met at the facility;	36955

(b) That the individual will be retained in the facility only	36956
if periodic redeterminations are made that the individual's needs	36957
are being met at the facility;	36958

(c) That the redeterminations will be made according to a	36959
schedule specified in the agreement;	36960

(d) If the individual is a hospice patient, that the	36961
individual has been given an opportunity to choose the hospice	36962
care program that best meets the individual's needs;	36963

(e) Unless the individual is a hospice patient, that the	36964
individual's personal physician has determined that the skilled	36965
nursing care the individual needs is routine.	36966

(E) Notwithstanding any other provision of this chapter, a	36967
residential care facility in which residents receive skilled	36968
nursing care pursuant to this section is not a nursing home.	36969

Sec. 3721.02. (A) As used in this section, "residential	36970
facility" means a residential facility licensed under section	36971
5119.22 of the Revised Code that provides accommodations,	36972
supervision, and personal care services for three to sixteen	36973
unrelated adults.	36974

(B) The director of health shall license homes and establish	36975
procedures to be followed in inspecting and licensing homes. The	36976
director may inspect a home at any time. Each home shall be	36977
inspected by the director at least once prior to the issuance of a	36978
license and at least once every fifteen months thereafter. The	36979
state fire marshal or a township, municipal, or other legally	36980
constituted fire department approved by the marshal shall also	36981
inspect a home prior to issuance of a license, at least once every	36982
fifteen months thereafter, and at any other time requested by the	36983
director. A home does not have to be inspected prior to issuance	36984
of a license by the director, state fire marshal, or a fire	36985
department if ownership of the home is assigned or transferred to	36986
a different person and the home was licensed under this chapter	36987
immediately prior to the assignment or transfer. The director may	36988
enter at any time, for the purposes of investigation, any	36989
institution, residence, facility, or other structure that has been	36990
reported to the director or that the director has reasonable cause	36991
to believe is operating as a nursing home, residential care	36992
facility, or home for the aging without a valid license required	36993
by section 3721.05 of the Revised Code or, in the case of a county	36994
home or district home, is operating despite the revocation of its	36995
residential care facility license. The director may delegate the	36996
director's authority and duties under this chapter to any	36997
division, bureau, agency, or official of the department of health.	36998

~~(B)~~(C) A single facility may be licensed both as a nursing	36999
home pursuant to this chapter and as ~~an adult care~~a residential	37000
facility pursuant to ~~Chapter 5119.~~section 5119.22 of the Revised	37001
Code if the director determines that the part or unit to be	37002
licensed as a nursing home can be maintained separate and discrete	37003
from the part or unit to be licensed as ~~an adult care~~a	37004
residential facility.	37005

~~(C)~~(D) In determining the number of residents in a home for	37006
the purpose of licensing, the director shall consider all the	37007
individuals for whom the home provides accommodations as one group	37008
unless one of the following is the case:	37009

(1) The home is a home for the aging, in which case all the	37010
individuals in the part or unit licensed as a nursing home shall	37011
be considered as one group, and all the individuals in the part or	37012
unit licensed as a rest home shall be considered as another group.	37013

(2) The home is both a nursing home and ~~an adult care~~a	37014
residential facility. In that case, all the individuals in the	37015
part or unit licensed as a nursing home shall be considered as one	37016
group, and all the individuals in the part or unit licensed as an	37017
adult care facility shall be considered as another group.	37018

(3) The home maintains, in addition to a nursing home or	37019
residential care facility, a separate and discrete part or unit	37020
that provides accommodations to individuals who do not require or	37021
receive skilled nursing care and do not receive personal care	37022
services from the home, in which case the individuals in the	37023
separate and discrete part or unit shall not be considered in	37024
determining the number of residents in the home if the separate	37025
and discrete part or unit is in compliance with the Ohio basic	37026
building code established by the board of building standards under	37027
Chapters 3781. and 3791. of the Revised Code and the home permits	37028
the director, on request, to inspect the separate and discrete	37029
part or unit and speak with the individuals residing there, if	37030
they consent, to determine whether the separate and discrete part	37031
or unit meets the requirements of this division.	37032

~~(D)~~(E)(1) The director of health shall charge the following	37033
application fee and annual renewal licensing and inspection fee	37034
for each fifty persons or part thereof of a home's licensed	37035
capacity:	37036

(a) For state fiscal year 2010, two hundred twenty dollars;

37037

(b) For state fiscal year 2011, two hundred seventy dollars;

37038

(c) For each state fiscal year thereafter, three hundred	37039
twenty dollars.	37040

(2) All fees collected by the director for the issuance or	37041
renewal of licenses shall be deposited into the state treasury to	37042
the credit of the general operations fund created in section	37043
3701.83 of the Revised Code for use only in administering and	37044
enforcing this chapter and rules adopted under it.	37045

~~(E)~~(F)(1) Except as otherwise provided in this section, the	37046
results of an inspection or investigation of a home that is	37047
conducted under this section, including any statement of	37048
deficiencies and all findings and deficiencies cited in the	37049
statement on the basis of the inspection or investigation, shall	37050
be used solely to determine the home's compliance with this	37051
chapter or another chapter of the Revised Code in any action or	37052
proceeding other than an action commenced under division (I) of	37053
section 3721.17 of the Revised Code. Those results of an	37054
inspection or investigation, that statement of deficiencies, and	37055
the findings and deficiencies cited in that statement shall not be	37056
used in any court or in any action or proceeding that is pending	37057
in any court and are not admissible in evidence in any action or	37058
proceeding unless that action or proceeding is an appeal of an	37059
action by the department of health under this chapter or is an	37060
action by any department or agency of the state to enforce this	37061
chapter or another chapter of the Revised Code.	37062

(2) Nothing in division (E)(1) of this section prohibits the	37063
results of an inspection or investigation conducted under this	37064
section from being used in a criminal investigation or	37065
prosecution.	37066

Sec. 3721.03. (A) As used in this section, "person" has the	37067
same meaning as in section 1.59 of the Revised Code.	37068

(B) The director of health shall enforce the provisions of	37069
sections 3721.01 to 3721.13 and 3721.99 of the Revised Code and	37070
may issue orders to secure compliance with the provisions of these	37071
sections and the rules adopted under them. The director may hold	37072
hearings, issue subpoenas, compel testimony, and make	37073
adjudications.	37074

The director may issue an order revoking a license in the	37075
event the director finds, upon hearing or opportunity afforded	37076
pursuant to Chapter 119. of the Revised Code, that any of the	37077
following apply to a person, county home, or district home	37078
licensed under section 3721.07 of the Revised Code:	37079

(1) Has violated any of the provisions of Chapter 3721. of	37080
the Revised Code or rules adopted by the ~~public health council~~	37081
director under it;	37082

(2) Has violated any order issued by the director;

37083

(3) Is not, or any of its principals are not suitable,	37084
morally or financially to operate such an institution;	37085

(4) Is not furnishing humane, kind, and adequate treatment	37086
and care;	37087

(5) Has had a long-standing pattern of violations of this	37088
chapter or the rules adopted under it that has caused physical,	37089
emotional, mental, or psychosocial harm to one or more residents.	37090

Upon the issuance of any order of revocation, the person	37091
whose license is revoked, or the county home or district home that	37092
has its license revoked, may appeal in accordance with Chapter	37093
119. of the Revised Code.	37094

(C) Once the director notifies a person, county home, or	37095
district home licensed to operate a home that the license may be	37096
revoked or issues any order under this section, the person, county	37097
home, or district home shall not assign or transfer to another	37098
person or entity the right to operate the home. This prohibition	37099
shall remain in effect until proceedings under Chapter 119. of the	37100
Revised Code concerning the order or license revocation have been	37101
concluded or the director notifies the person, county home, or	37102
district home that the prohibition has been lifted.	37103

If a license is revoked under this section, the former	37104
license holder shall not assign or transfer or consent to	37105
assignment or transfer of the right to operate the home. Any	37106
attempted assignment or transfer to another person or entity is	37107
void.	37108

On revocation of a license, the former licensee shall take	37109
all necessary steps to cease operation of the home.	37110

The director of health shall not accept a certificate of need	37111
application under section 3702.52 of the Revised Code regarding a	37112
home if the license to operate the home has been revoked under	37113
this section.	37114

Sec. 3721.032. The state fire marshal shall enforce all	37115
statutes and rules pertaining to fire safety in homes and shall	37116
adopt rules pertaining to fire safety in homes as the marshal	37117
determines necessary. The rules adopted by the marshal shall be in	37118
addition to those fire safety rules that the board of building	37119
standards and the ~~public~~director of health ~~council~~ are empowered	37120
to adopt. In the event of a dispute between the marshal and	37121
another officer having responsibilities under sections 3721.01 to	37122
3721.09 of the Revised Code with respect to the interpretation or	37123
application of a specific fire safety statute or rule, the	37124
interpretation of the marshal shall prevail.	37125

Sec. 3721.04. (A) The ~~public~~director of health ~~council~~	37126
shall adopt and publish rules governing the operation of homes,	37127
which shall have uniform application throughout the state, and	37128
shall prescribe standards for homes with respect to, but not	37129
limited to, the following matters:	37130

(1) The minimum space requirements for occupants and	37131
equipping of the buildings in which homes are housed so as to	37132
ensure healthful, safe, sanitary, and comfortable conditions for	37133
all residents, so long as they are not inconsistent with Chapters	37134
3781. and 3791. of the Revised Code or with any rules adopted by	37135
the board of building standards and by the state fire marshal;	37136

(2) The number and qualifications of personnel, including	37137
management and nursing staff, for each class of home, and the	37138
qualifications of nurse aides, as defined in section 3721.21 of	37139
the Revised Code, used by long-term care facilities, as defined in	37140
that section;	37141

(3) The medical, rehabilitative, and recreational services to	37142
be provided by each class of home;	37143

(4) Dietetic services, including but not limited to	37144
sanitation, nutritional adequacy, and palatability of food;	37145

(5) The personal and social services to be provided by each	37146
class of home;	37147

(6) The business and accounting practices to be followed and	37148
the type of patient and business records to be kept by such homes;	37149

(7) The operation of adult day-care programs provided by and	37150
on the same site as homes licensed under this chapter;	37151

(8) The standards and procedures to be followed by	37152
residential care facilities in admitting and retaining a resident	37153
who requires the application of dressings, including requirements	37154
for charting and evaluating on a weekly basis;	37155

(9) The requirements for conducting weekly evaluations of	37156
residents receiving skilled nursing care in residential care	37157
facilities.	37158

(B) The ~~public health council~~director may adopt whatever	37159
additional rules are necessary to carry out or enforce the	37160
provisions of sections 3721.01 to 3721.09 and 3721.99 of the	37161
Revised Code.	37162

(C) The following apply to the ~~public health council~~director	37163
when adopting rules under division (A)(1) of this section	37164
regarding the equipping of the buildings in which homes are	37165
housed:	37166

(1) The rules shall not require that each resident sleeping	37167
room, or a percentage of the resident sleeping rooms, have a	37168
bathtub or shower that is directly accessible from or exclusively	37169
for the room.	37170

(2) The rules shall require that the privacy and dignity of	37171
residents be protected when the residents are transported to and	37172
from bathing facilities, prepare for bathing, and bathe.	37173

(D) The following apply to the ~~public health council~~director	37174
when adopting rules under division (A)(2) of this section	37175
regarding the number and qualifications of personnel in homes:	37176

(1) When adopting rules applicable to residential care	37177
facilities, the ~~public health council~~director shall take into	37178
consideration the effect that the following may have on the number	37179
of personnel needed:	37180

(a) Provision of personal care services;

37181

(b) Provision of part-time, intermittent skilled nursing care	37182
pursuant to division (C) of section 3721.011 of the Revised Code;	37183

(c) Provision of skilled nursing care to residents pursuant	37184
to division (D) of section 3721.011 of the Revised Code.	37185

(2) When adopting rules applicable to nursing homes, the	37186
~~public health council~~director shall require each nursing home to	37187
do both of the following:	37188

(a) Have sufficient direct care staff on each shift to meet	37189
the needs of the residents in an appropriate and timely manner;	37190

(b) Have the following individuals provide a minimum daily	37191
average of two and one-half hours of direct care per resident:	37192

(i) Registered nurses, including registered nurses who	37193
perform administrative and supervisory duties;	37194

(ii) Licensed practical nurses, including licensed practical	37195
nurses who perform administrative and supervisory duties;	37196

(iii) Nurse aides.

37197

(3) The rules prescribing qualifications of nurse aides used	37198
by long-term care facilities, as those terms are defined in	37199
section 3721.21 of the Revised Code, shall be no less stringent	37200
than the requirements, guidelines, and procedures established by	37201
the United States secretary of health and human services under	37202
~~sections~~section 1819 ~~and 1919~~ of the "Social Security Act," 49	37203
101 Stat. ~~620~~1330-160 (~~1935~~1987), 42 U.S.C. ~~301~~1395i-3, as	37204
amended, and section 1919 of the "Social Security Act," 101 Stat.	37205
1330-182 (1987), 42 U.S.C. 1396r, as amended.	37206

(E) The following apply to the director when adopting rules	37207
under division (A)(2) of this section regarding the number and	37208
qualifications of personnel in nursing homes or rules under	37209
division (A)(5) of this section regarding social services to be	37210
provided by nursing homes:	37211

(1) The rules shall not prescribe the number of individuals	37212
licensed as social workers under Chapter 4757. of the Revised Code	37213
that a nursing home with one hundred twenty or fewer beds must	37214
employ.	37215

(2) The rules shall require each nursing home with more than	37216
one hundred twenty beds to employ on a full-time basis one	37217
individual licensed as a social worker under Chapter 4757. of the	37218
Revised Code.	37219

(3) The rules shall require each nursing home to offer its	37220
residents medically related social services that assist the	37221
residents in attaining or maintaining their highest practicable	37222
physical, mental, and psychosocial well-being.	37223

Sec. 3721.07. Every person desiring to operate a home and	37224
the superintendent or administrator of each county home or	37225
district home for which a license as a residential care facility	37226
is sought shall apply for a license to the director of health. The	37227
director shall issue a license for the home, if after	37228
investigation of the applicant and, if required by section 3721.02	37229
of the Revised Code, inspection of the home, the following	37230
requirements or conditions are satisfied or complied with:	37231

(A) The applicant has not been convicted of a felony or a	37232
crime involving moral turpitude;	37233

(B) The applicant is not violating any of the rules ~~made~~	37234
adopted by the ~~public~~director of health ~~council~~ or any order	37235
issued by the director ~~of health~~;	37236

(C) The applicant has not had a license to operate the home	37237
revoked pursuant to section 3721.03 of the Revised Code because of	37238
any act or omission that jeopardized a resident's health, welfare,	37239
or safety nor has the applicant had a long-standing pattern of	37240
violations of this chapter or rules adopted under it that caused	37241
physical, emotional, mental, or psychosocial harm to one or more	37242
residents.	37243

(D) The buildings in which the home is housed have been	37244
approved by the state fire marshal or a township, municipal, or	37245
other legally constituted fire department approved by the marshal.	37246
In the approval of a home such agencies shall apply standards	37247
prescribed by the board of building standards, and by the state	37248
fire marshal, and by section 3721.071 of the Revised Code.	37249

(E) The applicant, if it is an individual, or the principal	37250
participants, if it is an association or a corporation, is or are	37251
suitable financially and morally to operate a home;	37252

(F) The applicant is equipped to furnish humane, kind, and	37253
adequate treatment and care;	37254

(G) The home does not maintain or contain:

37255

(1) Facilities for the performance of major surgical	37256
procedures;	37257

(2) Facilities for providing therapeutic radiation;

37258

(3) An emergency ward;

37259

(4) A clinical laboratory unless it is under the supervision	37260
of a clinical pathologist who is a licensed physician in this	37261
state;	37262

(5) Facilities for radiological examinations unless such	37263
examinations are performed only by a person licensed to practice	37264
medicine, surgery, or dentistry in this state.	37265

(H) The home does not accept or treat outpatients, except	37266
upon the written orders of a physician licensed in this state,	37267
maternity cases, boarding children, and does not house transient	37268
guests, other than participants in an adult day-care program, for	37269
twenty-four hours or less;	37270

(I) The home is in compliance with sections 3721.28 and	37271
3721.29 of the Revised Code.	37272

When the director issues a license, the license shall remain	37273
in effect until revoked by the director or voided at the request	37274
of the applicant; provided, there shall be an annual renewal fee	37275
payable during the month of January of each calendar year. Any	37276
licensed home that does not pay its renewal fee in January shall	37277
pay, beginning the first day of February, a late fee of one	37278
hundred dollars for each week or part thereof that the renewal fee	37279
is not paid. If either the renewal fee or the late fee is not paid	37280
by the fifteenth day of February, the director may, in accordance	37281
with Chapter 119. of the Revised Code, revoke the home's license.	37282

If, under division (B)(5) of section 3721.03 of the Revised	37283
Code, the license of a person has been revoked or the license of a	37284
county home or district home to operate as a residential care	37285
facility has been revoked, the director of health shall not issue	37286
a license to the person or home at any time. A person whose	37287
license is revoked, and a county home or district home that has	37288
its license as a residential care facility revoked other than	37289
under division (B)(5) of section 3721.03 of the Revised Code, for	37290
any reason other than nonpayment of the license renewal fee or	37291
late fees shall not be issued a new license under this chapter	37292
until a period of one year following the date of revocation has	37293
elapsed.	37294

Any applicant who is denied a license may appeal in	37295
accordance with Chapter 119. of the Revised Code.	37296

Sec. 3721.071. The buildings in which a home is housed shall	37297
be equipped with both an automatic fire extinguishing system and	37298
fire alarm system. Such systems shall conform to standards set	37299
forth in the regulations of the board of building standards and	37300
the state fire marshal.	37301

The time for compliance with the requirements imposed by this	37302
section shall be January 1, 1975, except that the date for	37303
compliance with the automatic fire extinguishing requirements is	37304
extended to January 1, 1976, provided the buildings of the home	37305
are otherwise in compliance with fire safety laws and regulations	37306
and:	37307

(A) The home within thirty days after August 4, 1975, files a	37308
written plan with the state fire marshal's office that:	37309

(1) Outlines the interim safety procedures which shall be	37310
carried out to reduce the possibility of a fire;	37311

(2) Provides evidence that the home has entered into an	37312
agreement for a fire safety inspection to be conducted not less	37313
than monthly by a qualified independent safety engineer consultant	37314
or a township, municipal, or other legally constituted fire	37315
department, or by a township or municipal fire prevention officer;	37316

(3) Provides verification that the home has entered into a	37317
valid contract for the installation of an automatic fire	37318
extinguishing system or fire alarm system, or both, as required to	37319
comply with this section;	37320

(4) Includes a statement regarding the expected date for the	37321
completion of the fire extinguishing system or fire alarm system,	37322
or both.	37323

(B) Inspections by a qualified independent safety engineer	37324
consultant or a township, municipal, or other legally constituted	37325
fire department, or by a township or municipal fire prevention	37326
officer are initiated no later than sixty days after August 4,	37327
1975, and are conducted no less than monthly thereafter, and	37328
reports of the consultant, fire department, or fire prevention	37329
officer identifying existing hazards and recommended corrective	37330
actions are submitted to the state fire marshal, the division of	37331
~~labor~~industrial compliance in the department of commerce, and the	37332
department of health.	37333

It is the express intent of the general assembly that the	37334
department of job and family services shall terminate payments	37335
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	37336
42 U.S.C. 301, as amended, to those homes which do not comply with	37337
the requirements of this section for the submission of a written	37338
fire safety plan and the deadline for entering into contracts for	37339
the installation of systems.	37340

Sec. 3721.121. (A) As used in this section:

37341

(1) "Adult day-care program" means a program operated	37342
pursuant to rules adopted by the ~~public~~director of health ~~council~~	37343
under section 3721.04 of the Revised Code and provided by and on	37344
the same site as homes licensed under this chapter.	37345

(2) "Applicant" means a person who is under final	37346
consideration for employment with a home or adult day-care program	37347
in a full-time, part-time, or temporary position that involves	37348
providing direct care to an older adult. "Applicant" does not	37349
include a person who provides direct care as a volunteer without	37350
receiving or expecting to receive any form of remuneration other	37351
than reimbursement for actual expenses.	37352

(3) "Criminal records check" ~~and "older adult" have~~has the	37353
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	37354

(4) "Home" means a home as defined in section 3721.10 of the	37355
Revised Code.	37356

(5) "Older adult" means a person age sixty or older.

37357

(B)(1) Except as provided in division (I) of this section,	37358
the chief administrator of a home or adult day-care program shall	37359
request that the superintendent of the bureau of criminal	37360
identification and investigation conduct a criminal records check	37361
~~with respect to~~of each applicant. If an applicant for whom a	37362
criminal records check request is required under this division	37363
does not present proof of having been a resident of this state for	37364
the five-year period immediately prior to the date the criminal	37365
records check is requested or provide evidence that within that	37366
five-year period the superintendent has requested information	37367
about the applicant from the federal bureau of investigation in a	37368
criminal records check, the chief administrator shall request that	37369
the superintendent obtain information from the federal bureau of	37370
investigation as part of the criminal records check of the	37371
applicant. Even if an applicant for whom a criminal records check	37372
request is required under this division presents proof of having	37373
been a resident of this state for the five-year period, the chief	37374
administrator may request that the superintendent include	37375
information from the federal bureau of investigation in the	37376
criminal records check.	37377

(2) A person required by division (B)(1) of this section to	37378
request a criminal records check shall do both of the following:	37379

(a) Provide to each applicant for whom a criminal records	37380
check request is required under that division a copy of the form	37381
prescribed pursuant to division (C)(1) of section 109.572 of the	37382
Revised Code and a standard fingerprint impression sheet	37383
prescribed pursuant to division (C)(2) of that section, and obtain	37384
the completed form and impression sheet from the applicant;	37385

(b) Forward the completed form and impression sheet to the	37386
superintendent of the bureau of criminal identification and	37387
investigation.	37388

(3) An applicant provided the form and fingerprint impression	37389
sheet under division (B)(2)(a) of this section who fails to	37390
complete the form or provide fingerprint impressions shall not be	37391
employed in any position for which a criminal records check is	37392
required by this section.	37393

(C)(1) Except as provided in rules adopted by the director of	37394
health in accordance with division (F) of this section and subject	37395
to division (C)(2) of this section, no home or adult day-care	37396
program shall employ a person in a position that involves	37397
providing direct care to an older adult if the person has been	37398
convicted of or pleaded guilty to any of the following:	37399

(a) A violation of section 2903.01, 2903.02, 2903.03,	37400
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	37401
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	37402
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	37403
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	37404
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	37405
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	37406
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	37407
2925.22, 2925.23, or 3716.11 of the Revised Code.	37408

(b) A violation of an existing or former law of this state,	37409
any other state, or the United States that is substantially	37410
equivalent to any of the offenses listed in division (C)(1)(a) of	37411
this section.	37412

(2)(a) A home or an adult day-care program may employ	37413
conditionally an applicant for whom a criminal records check	37414
request is required under division (B) of this section prior to	37415
obtaining the results of a criminal records check regarding the	37416
individual, provided that the home or program shall request a	37417
criminal records check regarding the individual in accordance with	37418
division (B)(1) of this section not later than five business days	37419
after the individual begins conditional employment. In the	37420
circumstances described in division (I)(2) of this section, a home	37421
or adult day-care program may employ conditionally an applicant	37422
who has been referred to the home or adult day-care program by an	37423
employment service that supplies full-time, part-time, or	37424
temporary staff for positions involving the direct care of older	37425
adults and for whom, pursuant to that division, a criminal records	37426
check is not required under division (B) of this section.	37427

(b) A home or adult day-care program that employs an	37428
individual conditionally under authority of division (C)(2)(a) of	37429
this section shall terminate the individual's employment if the	37430
results of the criminal records check requested under division (B)	37431
of this section or described in division (I)(2) of this section,	37432
other than the results of any request for information from the	37433
federal bureau of investigation, are not obtained within the	37434
period ending thirty days after the date the request is made.	37435
Regardless of when the results of the criminal records check are	37436
obtained, if the results indicate that the individual has been	37437
convicted of or pleaded guilty to any of the offenses listed or	37438
described in division (C)(1) of this section, the home or program	37439
shall terminate the individual's employment unless the home or	37440
program chooses to employ the individual pursuant to division (F)	37441
of this section. Termination of employment under this division	37442
shall be considered just cause for discharge for purposes of	37443
division (D)(2) of section 4141.29 of the Revised Code if the	37444
individual makes any attempt to deceive the home or program about	37445
the individual's criminal record.	37446

(D)(1) Each home or adult day-care program shall pay to the	37447
bureau of criminal identification and investigation the fee	37448
prescribed pursuant to division (C)(3) of section 109.572 of the	37449
Revised Code for each criminal records check conducted pursuant to	37450
a request made under division (B) of this section.	37451

(2) A home or adult day-care program may charge an applicant	37452
a fee not exceeding the amount the home or program pays under	37453
division (D)(1) of this section. A home or program may collect a	37454
fee only if both of the following apply:	37455

(a) The home or program notifies the person at the time of	37456
initial application for employment of the amount of the fee and	37457
that, unless the fee is paid, the person will not be considered	37458
for employment;	37459

(b) The medical assistance program established under Chapter	37460
5111. of the Revised Code does not reimburse the home or program	37461
the fee it pays under division (D)(1) of this section.	37462

(E) The report of any criminal records check conducted	37463
pursuant to a request made under this section is not a public	37464
record for the purposes of section 149.43 of the Revised Code and	37465
shall not be made available to any person other than the	37466
following:	37467

(1) The individual who is the subject of the criminal records	37468
check or the individual's representative;	37469

(2) The chief administrator of the home or program requesting	37470
the criminal records check or the administrator's representative;	37471

(3) The administrator of any other facility, agency, or	37472
program that provides direct care to older adults that is owned or	37473
operated by the same entity that owns or operates the home or	37474
program;	37475

(4) A court, hearing officer, or other necessary individual	37476
involved in a case dealing with a denial of employment of the	37477
applicant or dealing with employment or unemployment benefits of	37478
the applicant;	37479

(5) Any person to whom the report is provided pursuant to,	37480
and in accordance with, division (I)(1) or (2) of this section;	37481

(6) The board of nursing for purposes of accepting and	37482
processing an application for a medication aide certificate issued	37483
under Chapter 4723. of the Revised Code.	37484

(F) In accordance with section 3721.11 of the Revised Code,	37485
the director of health shall adopt rules to implement this	37486
section. The rules shall specify circumstances under which a home	37487
or adult day-care program may employ a person who has been	37488
convicted of or pleaded guilty to an offense listed or described	37489
in division (C)(1) of this section but meets personal character	37490
standards set by the director.	37491

(G) The chief administrator of a home or adult day-care	37492
program shall inform each individual, at the time of initial	37493
application for a position that involves providing direct care to	37494
an older adult, that the individual is required to provide a set	37495
of fingerprint impressions and that a criminal records check is	37496
required to be conducted if the individual comes under final	37497
consideration for employment.	37498

(H) In a tort or other civil action for damages that is	37499
brought as the result of an injury, death, or loss to person or	37500
property caused by an individual who a home or adult day-care	37501
program employs in a position that involves providing direct care	37502
to older adults, all of the following shall apply:	37503

(1) If the home or program employed the individual in good	37504
faith and reasonable reliance on the report of a criminal records	37505
check requested under this section, the home or program shall not	37506
be found negligent solely because of its reliance on the report,	37507
even if the information in the report is determined later to have	37508
been incomplete or inaccurate;	37509

(2) If the home or program employed the individual in good	37510
faith on a conditional basis pursuant to division (C)(2) of this	37511
section, the home or program shall not be found negligent solely	37512
because it employed the individual prior to receiving the report	37513
of a criminal records check requested under this section;	37514

(3) If the home or program in good faith employed the	37515
individual according to the personal character standards	37516
established in rules adopted under division (F) of this section,	37517
the home or program shall not be found negligent solely because	37518
the individual prior to being employed had been convicted of or	37519
pleaded guilty to an offense listed or described in division	37520
(C)(1) of this section.	37521

(I)(1) The chief administrator of a home or adult day-care	37522
program is not required to request that the superintendent of the	37523
bureau of criminal identification and investigation conduct a	37524
criminal records check of an applicant if the applicant has been	37525
referred to the home or program by an employment service that	37526
supplies full-time, part-time, or temporary staff for positions	37527
involving the direct care of older adults and both of the	37528
following apply:	37529

(a) The chief administrator receives from the employment	37530
service or the applicant a report of the results of a criminal	37531
records check regarding the applicant that has been conducted by	37532
the superintendent within the one-year period immediately	37533
preceding the applicant's referral;	37534

(b) The report of the criminal records check demonstrates	37535
that the person has not been convicted of or pleaded guilty to an	37536
offense listed or described in division (C)(1) of this section, or	37537
the report demonstrates that the person has been convicted of or	37538
pleaded guilty to one or more of those offenses, but the home or	37539
adult day-care program chooses to employ the individual pursuant	37540
to division (F) of this section.	37541

(2) The chief administrator of a home or adult day-care	37542
program is not required to request that the superintendent of the	37543
bureau of criminal identification and investigation conduct a	37544
criminal records check of an applicant and may employ the	37545
applicant conditionally as described in this division, if the	37546
applicant has been referred to the home or program by an	37547
employment service that supplies full-time, part-time, or	37548
temporary staff for positions involving the direct care of older	37549
adults and if the chief administrator receives from the employment	37550
service or the applicant a letter from the employment service that	37551
is on the letterhead of the employment service, dated, and signed	37552
by a supervisor or another designated official of the employment	37553
service and that states that the employment service has requested	37554
the superintendent to conduct a criminal records check regarding	37555
the applicant, that the requested criminal records check will	37556
include a determination of whether the applicant has been	37557
convicted of or pleaded guilty to any offense listed or described	37558
in division (C)(1) of this section, that, as of the date set forth	37559
on the letter, the employment service had not received the results	37560
of the criminal records check, and that, when the employment	37561
service receives the results of the criminal records check, it	37562
promptly will send a copy of the results to the home or adult	37563
day-care program. If a home or adult day-care program employs an	37564
applicant conditionally in accordance with this division, the	37565
employment service, upon its receipt of the results of the	37566
criminal records check, promptly shall send a copy of the results	37567
to the home or adult day-care program, and division (C)(2)(b) of	37568
this section applies regarding the conditional employment.	37569

Sec. 3721.13. (A) The rights of residents of a home shall	37570
include, but are not limited to, the following:	37571

(1) The right to a safe and clean living environment pursuant	37572
to the medicare and medicaid programs and applicable state laws	37573
and ~~regulations prescribed~~rules adopted by the ~~public~~director of	37574
health ~~council~~;	37575

(2) The right to be free from physical, verbal, mental, and	37576
emotional abuse and to be treated at all times with courtesy,	37577
respect, and full recognition of dignity and individuality;	37578

(3) Upon admission and thereafter, the right to adequate and	37579
appropriate medical treatment and nursing care and to other	37580
ancillary services that comprise necessary and appropriate care	37581
consistent with the program for which the resident contracted.	37582
This care shall be provided without regard to considerations such	37583
as race, color, religion, national origin, age, or source of	37584
payment for care.	37585

(4) The right to have all reasonable requests and inquiries	37586
responded to promptly;	37587

(5) The right to have clothes and bed sheets changed as the	37588
need arises, to ensure the resident's comfort or sanitation;	37589

(6) The right to obtain from the home, upon request, the name	37590
and any specialty of any physician or other person responsible for	37591
the resident's care or for the coordination of care;	37592

(7) The right, upon request, to be assigned, within the	37593
capacity of the home to make the assignment, to the staff	37594
physician of the resident's choice, and the right, in accordance	37595
with the rules and written policies and procedures of the home, to	37596
select as the attending physician a physician who is not on the	37597
staff of the home. If the cost of a physician's services is to be	37598
met under a federally supported program, the physician shall meet	37599
the federal laws and regulations governing such services.	37600

(8) The right to participate in decisions that affect the	37601
resident's life, including the right to communicate with the	37602
physician and employees of the home in planning the resident's	37603
treatment or care and to obtain from the attending physician	37604
complete and current information concerning medical condition,	37605
prognosis, and treatment plan, in terms the resident can	37606
reasonably be expected to understand; the right of access to all	37607
information in the resident's medical record; and the right to	37608
give or withhold informed consent for treatment after the	37609
consequences of that choice have been carefully explained. When	37610
the attending physician finds that it is not medically advisable	37611
to give the information to the resident, the information shall be	37612
made available to the resident's sponsor on the resident's behalf,	37613
if the sponsor has a legal interest or is authorized by the	37614
resident to receive the information. The home is not liable for a	37615
violation of this division if the violation is found to be the	37616
result of an act or omission on the part of a physician selected	37617
by the resident who is not otherwise affiliated with the home.	37618

(9) The right to withhold payment for physician visitation if	37619
the physician did not visit the resident;	37620

(10) The right to confidential treatment of personal and	37621
medical records, and the right to approve or refuse the release of	37622
these records to any individual outside the home, except in case	37623
of transfer to another home, hospital, or health care system, as	37624
required by law or rule, or as required by a third-party payment	37625
contract;	37626

(11) The right to privacy during medical examination or	37627
treatment and in the care of personal or bodily needs;	37628

(12) The right to refuse, without jeopardizing access to	37629
appropriate medical care, to serve as a medical research subject;	37630

(13) The right to be free from physical or chemical	37631
restraints or prolonged isolation except to the minimum extent	37632
necessary to protect the resident from injury to self, others, or	37633
to property and except as authorized in writing by the attending	37634
physician for a specified and limited period of time and	37635
documented in the resident's medical record. Prior to authorizing	37636
the use of a physical or chemical restraint on any resident, the	37637
attending physician shall make a personal examination of the	37638
resident and an individualized determination of the need to use	37639
the restraint on that resident.	37640

Physical or chemical restraints or isolation may be used in	37641
an emergency situation without authorization of the attending	37642
physician only to protect the resident from injury to self or	37643
others. Use of the physical or chemical restraints or isolation	37644
shall not be continued for more than twelve hours after the onset	37645
of the emergency without personal examination and authorization by	37646
the attending physician. The attending physician or a staff	37647
physician may authorize continued use of physical or chemical	37648
restraints for a period not to exceed thirty days, and at the end	37649
of this period and any subsequent period may extend the	37650
authorization for an additional period of not more than thirty	37651
days. The use of physical or chemical restraints shall not be	37652
continued without a personal examination of the resident and the	37653
written authorization of the attending physician stating the	37654
reasons for continuing the restraint.	37655

If physical or chemical restraints are used under this	37656
division, the home shall ensure that the restrained resident	37657
receives a proper diet. In no event shall physical or chemical	37658
restraints or isolation be used for punishment, incentive, or	37659
convenience.	37660

(14) The right to the pharmacist of the resident's choice and	37661
the right to receive pharmaceutical supplies and services at	37662
reasonable prices not exceeding applicable and normally accepted	37663
prices for comparably packaged pharmaceutical supplies and	37664
services within the community;	37665

(15) The right to exercise all civil rights, unless the	37666
resident has been adjudicated incompetent pursuant to Chapter	37667
2111. of the Revised Code and has not been restored to legal	37668
capacity, as well as the right to the cooperation of the home's	37669
administrator in making arrangements for the exercise of the right	37670
to vote;	37671

(16) The right of access to opportunities that enable the	37672
resident, at the resident's own expense or at the expense of a	37673
third-party payer, to achieve the resident's fullest potential,	37674
including educational, vocational, social, recreational, and	37675
habilitation programs;	37676

(17) The right to consume a reasonable amount of alcoholic	37677
beverages at the resident's own expense, unless not medically	37678
advisable as documented in the resident's medical record by the	37679
attending physician or unless contradictory to written admission	37680
policies;	37681

(18) The right to use tobacco at the resident's own expense	37682
under the home's safety rules and under applicable laws and rules	37683
of the state, unless not medically advisable as documented in the	37684
resident's medical record by the attending physician or unless	37685
contradictory to written admission policies;	37686

(19) The right to retire and rise in accordance with the	37687
resident's reasonable requests, if the resident does not disturb	37688
others or the posted meal schedules and upon the home's request	37689
remains in a supervised area, unless not medically advisable as	37690
documented by the attending physician;	37691

(20) The right to observe religious obligations and	37692
participate in religious activities; the right to maintain	37693
individual and cultural identity; and the right to meet with and	37694
participate in activities of social and community groups at the	37695
resident's or the group's initiative;	37696

(21) The right upon reasonable request to private and	37697
unrestricted communications with the resident's family, social	37698
worker, and any other person, unless not medically advisable as	37699
documented in the resident's medical record by the attending	37700
physician, except that communications with public officials or	37701
with the resident's attorney or physician shall not be restricted.	37702
Private and unrestricted communications shall include, but are not	37703
limited to, the right to:	37704

(a) Receive, send, and mail sealed, unopened correspondence;

37705

(b) Reasonable access to a telephone for private	37706
communications;	37707

37708

(22) The right to assured privacy for visits by the spouse,	37709
or if both are residents of the same home, the right to share a	37710
room within the capacity of the home, unless not medically	37711
advisable as documented in the resident's medical record by the	37712
attending physician;	37713

(23) The right upon reasonable request to have room doors	37714
closed and to have them not opened without knocking, except in the	37715
case of an emergency or unless not medically advisable as	37716
documented in the resident's medical record by the attending	37717
physician;	37718

(24) The right to retain and use personal clothing and a	37719
reasonable amount of possessions, in a reasonably secure manner,	37720
unless to do so would infringe on the rights of other residents or	37721
would not be medically advisable as documented in the resident's	37722
medical record by the attending physician;	37723

(25) The right to be fully informed, prior to or at the time	37724
of admission and during the resident's stay, in writing, of the	37725
basic rate charged by the home, of services available in the home,	37726
and of any additional charges related to such services, including	37727
charges for services not covered under the medicare or medicaid	37728
program. The basic rate shall not be changed unless thirty days'	37729
notice is given to the resident or, if the resident is unable to	37730
understand this information, to the resident's sponsor.	37731

(26) The right of the resident and person paying for the care	37732
to examine and receive a bill at least monthly for the resident's	37733
care from the home that itemizes charges not included in the basic	37734
rates;	37735

(27)(a) The right to be free from financial exploitation;

37736

(b) The right to manage the resident's own personal financial	37737
affairs, or, if the resident has delegated this responsibility in	37738
writing to the home, to receive upon written request at least a	37739
quarterly accounting statement of financial transactions made on	37740
the resident's behalf. The statement shall include:	37741

(i) A complete record of all funds, personal property, or	37742
possessions of a resident from any source whatsoever, that have	37743
been deposited for safekeeping with the home for use by the	37744
resident or the resident's sponsor;	37745

(ii) A listing of all deposits and withdrawals transacted,	37746
which shall be substantiated by receipts which shall be available	37747
for inspection and copying by the resident or sponsor.	37748

(28) The right of the resident to be allowed unrestricted	37749
access to the resident's property on deposit at reasonable hours,	37750
unless requests for access to property on deposit are so	37751
persistent, continuous, and unreasonable that they constitute a	37752
nuisance;	37753

(29) The right to receive reasonable notice before the	37754
resident's room or roommate is changed, including an explanation	37755
of the reason for either change.	37756

(30) The right not to be transferred or discharged from the	37757
home unless the transfer is necessary because of one of the	37758
following:	37759

(a) The welfare and needs of the resident cannot be met in	37760
the home.	37761

(b) The resident's health has improved sufficiently so that	37762
the resident no longer needs the services provided by the home.	37763

37764

(d) The health of individuals in the home would otherwise be	37765
endangered.	37766

(e) The resident has failed, after reasonable and appropriate	37767
notice, to pay or to have the medicare or medicaid program pay on	37768
the resident's behalf, for the care provided by the home. A	37769
resident shall not be considered to have failed to have the	37770
resident's care paid for if the resident has applied for medicaid,	37771
unless both of the following are the case:	37772

(i) The resident's application, or a substantially similar	37773
previous application, has been denied by the county department of	37774
job and family services.	37775

(ii) If the resident appealed the denial pursuant to division	37776
(C) of section 5101.35 of the Revised Code, the director of job	37777
and family services has upheld the denial.	37778

(f) The home's license has been revoked, the home is being	37779
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	37780
or section 5155.31 of the Revised Code, or the home otherwise	37781
ceases to operate.	37782

(g) The resident is a recipient of medicaid, and the home's	37783
participation in the medicaid program is involuntarily terminated	37784
or denied.	37785

(h) The resident is a beneficiary under the medicare program,	37786
and the home's participation in the medicare program is	37787
involuntarily terminated or denied.	37788

(31) The right to voice grievances and recommend changes in	37789
policies and services to the home's staff, to employees of the	37790
department of health, or to other persons not associated with the	37791
operation of the home, of the resident's choice, free from	37792
restraint, interference, coercion, discrimination, or reprisal.	37793
This right includes access to a residents' rights advocate, and	37794
the right to be a member of, to be active in, and to associate	37795
with persons who are active in organizations of relatives and	37796
friends of nursing home residents and other organizations engaged	37797
in assisting residents.	37798

(32) The right to have any significant change in the	37799
resident's health status reported to the resident's sponsor. As	37800
soon as such a change is known to the home's staff, the home shall	37801
make a reasonable effort to notify the sponsor within twelve	37802
hours.	37803

(B) A sponsor may act on a resident's behalf to assure that	37804
the home does not deny the residents' rights under sections	37805
3721.10 to 3721.17 of the Revised Code.	37806

(C) Any attempted waiver of the rights listed in division (A)	37807
of this section is void.	37808

Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the	37809
Revised Code:	37810

(A) "Long-term care facility" means either of the following:

37811

(1) A nursing home as defined in section 3721.01 of the	37812
Revised Code~~, other than a nursing home or part of a nursing home~~	37813
~~certified as an intermediate care facility for the mentally~~	37814
~~retarded under Title XIX of the "Social Security Act," 49 Stat.~~	37815
~~620 (1935), 42 U.S.C.A. 301, as amended~~;	37816

(2) A facility or part of a facility that is certified as a	37817
skilled nursing facility or a nursing facility under Title XVIII	37818
or XIX of the "Social Security Act."	37819

(B) "Residential care facility" has the same meaning as in	37820
section 3721.01 of the Revised Code.	37821

(C) "Abuse" means knowingly causing physical harm or	37822
recklessly causing serious physical harm to a resident by physical	37823
contact with the resident or by use of physical or chemical	37824
restraint, medication, or isolation as punishment, for staff	37825
convenience, excessively, as a substitute for treatment, or in	37826
amounts that preclude habilitation and treatment.	37827

(D) "Neglect" means recklessly failing to provide a resident	37828
with any treatment, care, goods, or service necessary to maintain	37829
the health or safety of the resident when the failure results in	37830
serious physical harm to the resident. "Neglect" does not include	37831
allowing a resident, at the resident's option, to receive only	37832
treatment by spiritual means through prayer in accordance with the	37833
tenets of a recognized religious denomination.	37834

(E) "Misappropriation" means depriving, defrauding, or	37835
otherwise obtaining the real or personal property of a resident by	37836
any means prohibited by the Revised Code, including violations of	37837
Chapter 2911. or 2913. of the Revised Code.	37838

(F) "Resident" includes a resident, patient, former resident	37839
or patient, or deceased resident or patient of a long-term care	37840
facility or a residential care facility.	37841

(G) "Physical restraint" has the same meaning as in section	37842
3721.10 of the Revised Code.	37843

(H) "Chemical restraint" has the same meaning as in section	37844
3721.10 of the Revised Code.	37845

(I) "Nursing and nursing-related services" means the personal	37846
care services and other services not constituting skilled nursing	37847
care that are specified in rules the ~~public~~director of health	37848
~~council~~ shall adopt in accordance with Chapter 119. of the Revised	37849
Code.	37850

(J) "Personal care services" has the same meaning as in	37851
section 3721.01 of the Revised Code.	37852

(K)(1) Except as provided in division (K)(2) of this section,	37853
"nurse aide" means an individual who provides nursing and	37854
nursing-related services to residents in a long-term care	37855
facility, either as a member of the staff of the facility for	37856
monetary compensation or as a volunteer without monetary	37857
compensation.	37858

(2) "Nurse aide" does not include either of the following:

37859

(a) A licensed health professional practicing within the	37860
scope of the professional's license;	37861

(b) An individual providing nursing and nursing-related	37862
services in a religious nonmedical health care institution, if the	37863
individual has been trained in the principles of nonmedical care	37864
and is recognized by the institution as being competent in the	37865
administration of care within the religious tenets practiced by	37866
the residents of the institution.	37867

(L) "Licensed health professional" means all of the	37868
following:	37869

(1) An occupational therapist or occupational therapy	37870
assistant licensed under Chapter 4755. of the Revised Code;	37871

(2) A physical therapist or physical therapy assistant	37872
licensed under Chapter 4755. of the Revised Code;	37873

(3) A physician authorized under Chapter 4731. of the Revised	37874
Code to practice medicine and surgery, osteopathic medicine and	37875
surgery, or podiatry;	37876

(4) A physician assistant authorized under Chapter 4730. of	37877
the Revised Code to practice as a physician assistant;	37878

(5) A registered nurse or licensed practical nurse licensed	37879
under Chapter 4723. of the Revised Code;	37880

(6) A social worker or independent social worker licensed	37881
under Chapter 4757. of the Revised Code or a social work assistant	37882
registered under that chapter;	37883

(7) A speech-language pathologist or audiologist licensed	37884
under Chapter 4753. of the Revised Code;	37885

(8) A dentist or dental hygienist licensed under Chapter	37886
4715. of the Revised Code;	37887

(9) An optometrist licensed under Chapter 4725. of the	37888
Revised Code;	37889

(10) A pharmacist licensed under Chapter 4729. of the Revised	37890
Code;	37891

(11) A psychologist licensed under Chapter 4732. of the	37892
Revised Code;	37893

(12) A chiropractor licensed under Chapter 4734. of the	37894
Revised Code;	37895

(13) A nursing home administrator licensed or temporarily	37896
licensed under Chapter 4751. of the Revised Code;	37897

(14) A professional counselor or professional clinical	37898
counselor licensed under Chapter 4757. of the Revised Code.	37899

(M) "Religious nonmedical health care institution" means an	37900
institution that meets or exceeds the conditions to receive	37901
payment under the medicare program established under Title XVIII	37902
of the "Social Security Act" for inpatient hospital services or	37903
post-hospital extended care services furnished to an individual in	37904
a religious nonmedical health care institution, as defined in	37905
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	37906
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	37907

(N) "Competency evaluation program" means a program through	37908
which the competency of a nurse aide to provide nursing and	37909
nursing-related services is evaluated.	37910

(O) "Training and competency evaluation program" means a	37911
program of nurse aide training and evaluation of competency to	37912
provide nursing and nursing-related services.	37913

Sec. 3721.28. (A)(1) Each nurse aide used by a long-term	37914
care facility on a full-time, temporary, per diem, or other basis	37915
on July 1, 1989, shall be provided by the facility a competency	37916
evaluation program approved by the director of health under	37917
division (A) of section 3721.31 of the Revised Code or conducted	37918
by ~~him~~the director under division (C) of that section. Each	37919
long-term care facility using a nurse aide on July 1, 1989, shall	37920
provide the nurse aide the preparation necessary to complete the	37921
competency evaluation program by January 1, 1990.	37922

(2) Each nurse aide used by a long-term care facility on a	37923
full-time, temporary, per diem, or other basis on January 1, 1990,	37924
who either was not used by the facility on July 1, 1989, or was	37925
used by the facility on July 1, 1989, but had not successfully	37926
completed a competency evaluation program by January 1, 1990,	37927
shall be provided by the facility a competency evaluation program	37928
approved by the director under division (A) of section 3721.31 of	37929
the Revised Code or conducted by ~~him~~the director under division	37930
(C) of that section. Each long-term care facility using a nurse	37931
aide described in division (A)(2) of this section shall provide	37932
the nurse aide the preparation necessary to complete the	37933
competency evaluation program by October 1, 1990, and shall assist	37934
the nurse aide in registering for the program.	37935

(B) Effective June 1, 1990, no long-term care facility shall	37936
use an individual as a nurse aide for more than four months unless	37937
the individual is competent to provide the services hethe	37938
individual is to provide, the facility has received from the nurse	37939
aide registry established under section 3721.32 of the Revised	37940
Code the information concerning the individual provided through	37941
the registry, and one of the following is the case:	37942

(1) The individual was used by a facility as a nurse aide on	37943
a full-time, temporary, per diem, or other basis at any time	37944
during the period commencing July 1, 1989, and ending January 1,	37945
1990, and successfully completed, not later than October 1, 1990,	37946
a competency evaluation program approved by the director under	37947
division (A) of section 3721.31 of the Revised Code or conducted	37948
by ~~him~~the director under division (C) of that section.	37949

(2) The individual has successfully completed a training and	37950
competency evaluation program approved by the director under	37951
division (A) of section 3721.31 of the Revised Code or conducted	37952
by ~~him~~the director under division (C) of that section or has met	37953
the conditions specified in division (F) of this section and, in	37954
addition, if the training and competency evaluation program or the	37955
training, instruction, or education the individual completed in	37956
meeting the conditions specified in division (F) of this section	37957
was conducted by or in a long-term care facility, or if the	37958
director pursuant to division (E) of section 3721.31 of the	37959
Revised Code so requires, the individual has successfully	37960
completed a competency evaluation program conducted by the	37961
director.	37962

(3) Prior to July 1, 1989, if the long-term care facility is	37963
certified as a skilled nursing facility or a nursing facility	37964
under Title XVIII or XIX of the "Social Security Act," 49 Stat.	37965
620 (1935), 42 U.S.C.A. 301, as amended, or prior to January 1,	37966
1990, if the facility is not so certified, the individual	37967
completed a program that the director determines included a	37968
competency evaluation component no less stringent than the	37969
competency evaluation programs approved by ~~him~~the director under	37970
division (A) of section 3721.31 of the Revised Code or conducted	37971
by ~~him~~the director under division (C) of that section, and was	37972
otherwise comparable to the training and competency evaluation	37973
programs being approved by the director under division (A) of that	37974
section.	37975

(4) The individual is listed in a nurse aide registry	37976
maintained by another state and that state certifies that its	37977
program for training and evaluation of competency of nurse aides	37978
complies with Titles XVIII and XIX of the "Social Security Act"	37979
and regulations adopted thereunder.	37980

(5) Prior to July 1, 1989, the individual was found competent	37981
to serve as a nurse aide after the completion of a course of nurse	37982
aide training of at least one hundred hours' duration.	37983

(6) The individual is enrolled in a prelicensure program of	37984
nursing education approved by the board of nursing or by an agency	37985
of another state that regulates nursing education, has provided	37986
the long-term care facility with a certificate from the program	37987
indicating that the individual has successfully completed the	37988
courses that teach basic nursing skills including infection	37989
control, safety and emergency procedures, and personal care, and	37990
has successfully completed a competency evaluation program	37991
conducted by the director under division (C) of section 3721.31 of	37992
the Revised Code.	37993

(7) The individual has the equivalent of twelve months or	37994
more of full-time employment in the preceding five years as a	37995
hospital aide or orderly and has successfully completed a	37996
competency evaluation program conducted by the director under	37997
division (C) of section 3721.31 of the Revised Code.	37998

(C) Effective June 1, 1990, no long-term care facility shall	37999
continue for longer than four months to use as a nurse aide an	38000
individual who previously met the requirements of division (B) of	38001
this section but since most recently doing so has not performed	38002
nursing and nursing-related services for monetary compensation for	38003
twenty-four consecutive months, unless the individual successfully	38004
completes additional training and competency evaluation by	38005
complying with divisions (C)(1) and (2) of this section:	38006

(1) Doing one of the following:

38007

(a) Successfully completing a training and competency	38008
evaluation program approved by the director under division (A) of	38009
section 3721.31 of the Revised Code or conducted by ~~him~~the	38010
director under division (C) of that section;	38011

(b) Successfully completing a training and competency	38012
evaluation program described in division (B)(4) of this section;	38013

(c) Meeting the requirements specified in division (B)(6) or	38014
(7) of this section.	38015

(2) If the training and competency evaluation program	38016
completed under division (C)(1)(a) of this section was conducted	38017
by or in a long-term care facility, or if the director pursuant to	38018
division (E) of section 3721.31 of the Revised Code so requires,	38019
successfully completing a competency evaluation program conducted	38020
by the director.	38021

(D)(1) The four-month periods provided for in divisions (B)	38022
and (C) of this section include any time, on or after June 1,	38023
1990, that an individual is used as a nurse aide on a full-time,	38024
temporary, per diem, or any other basis by the facility or any	38025
other long-term care facility.	38026

(2) During the four-month period provided for in division (B)	38027
of this section, during which a long-term care facility may,	38028
subject to division (E) of this section, use as a nurse aide an	38029
individual who does not have the qualifications specified in	38030
divisions (B)(1) to (7) of this section, a facility shall require	38031
the individual to comply with divisions (D)(2)(a) and (b) of this	38032
section:	38033

(a) Participate in one of the following:

38034

(i) If the individual has successfully completed a training	38035
and competency evaluation program approved by the director under	38036
division (A) of section 3721.31 of the Revised Code, and the	38037
program was conducted by or in a long-term care facility, or the	38038
director pursuant to division (E) of section 3721.31 of the	38039
Revised Code so requires, a competency evaluation program	38040
conducted by the director;	38041

(ii) If the individual is enrolled in a prelicensure program	38042
of nursing education described in division (B)(6) of this section	38043
and has completed or is working toward completion of the courses	38044
described in that division, or the individual has the experience	38045
described in division (B)(7) of this section, a competency	38046
evaluation program conducted by the director;	38047

(iii) A training and competency evaluation program approved	38048
by the director under division (A) of section 3721.31 of the	38049
Revised Code or conducted by ~~him~~the director under division (C)	38050
of that section.	38051

(b) If the individual participates in or has successfully	38052
completed a training and competency evaluation program under	38053
division (D)(2)(a)(iii) of this section that is conducted by or in	38054
a long-term care facility, or the director pursuant to division	38055
(E) of section 3721.31 of the Revised Code so requires, ~~paticipate~~	38056
participate in a competency evaluation program conducted by the	38057
director.	38058

(3) During the four-month period provided for in division (C)	38059
of this section, during which a long-term care facility may,	38060
subject to division (E) of this section, use as a nurse aide an	38061
individual who does not have the qualifications specified in	38062
divisions (C)(1) and (2) of this section, a facility shall require	38063
the individual to comply with divisions (D)(3)(a) and (b) of this	38064
section:	38065

(a) Participate in one of the following:

38066

(i) If the individual has successfully completed a training	38067
and competency evaluation program approved by the director, and	38068
the program was conducted by or in a long-term care facility, or	38069
the director pursuant to division (E) of section 3721.31 of the	38070
Revised Code so requires, a competency evaluation program	38071
conducted by the director;	38072

(ii) If the individual is enrolled in a prelicensure program	38073
of nursing education described in division (B)(6) of this section	38074
and has completed or is working toward completion of the courses	38075
described in that division, or the individual has the experience	38076
described in division (B)(7) of this section, a competency	38077
evaluation program conducted by the director;	38078

(iii) A training and competency evaluation program approved	38079
or conducted by the director.	38080

(b) If the individual participates in or has successfully	38081
completed a training and competency evaluation program under	38082
division (D)(3)(a)(iii) of this section that is conducted by or in	38083
a long-term care facility, or the director pursuant to division	38084
(E) of section 3721.31 of the Revised Code so requires,	38085
participate in a competency evaluation program conducted by the	38086
director.	38087

(E) A long-term care facility shall not permit an individual	38088
used by the facility as a nurse aide while participating in a	38089
training and competency evaluation program to provide nursing and	38090
nursing-related services unless both of the following are the	38091
case:	38092

(1) The individual has completed the number of hours of	38093
training that he must ~~complete~~be completed prior to providing	38094
services to residents as prescribed by rules that shall be adopted	38095
by the director in accordance with Chapter 119. of the Revised	38096
Code;	38097

(2) The individual is under the personal supervision of a	38098
registered or licensed practical nurse licensed under Chapter	38099
4723. of the Revised Code.	38100

(F) An individual shall be considered to have satisfied the	38101
requirement, under division (B)(2) of this section, of having	38102
successfully completed a training and competency evaluation	38103
program conducted or approved by the director, if the individual	38104
meets both of the following conditions:	38105

(1) The individual, as of July 1, 1989, completed at least	38106
sixty hours divided between skills training and classroom	38107
instruction in the topic areas described in divisions (B)(1) to	38108
(8) of section 3721.30 of the Revised Code;	38109

(2) The individual received, as of that date, at least the	38110
difference between seventy-five hours and the number of hours	38111
actually spent in training and competency evaluation in supervised	38112
practical nurse aide training or regular in-service nurse aide	38113
education.	38114

(G) The ~~public health council~~director shall adopt rules in	38115
accordance with Chapter 119. of the Revised Code specifying	38116
persons, in addition to the director, who may establish competence	38117
of nurse aides under division (B)(5) of this section, and	38118
establishing criteria for determining whether an individual meets	38119
the conditions specified in division (F) of this section.	38120

(H) The rules adopted pursuant to divisions (E)(1) and (G) of	38121
this section shall be no less stringent than the requirements,	38122
guidelines, and procedures established by the United States	38123
secretary of health and human services under sections 1819 and	38124
1919 of the "Social Security Act."	38125

Sec. 3721.29. In addition to competency evaluation programs	38126
and training and competency evaluation programs required by this	38127
chapter, each long-term care facility shall provide both of the	38128
following to each nurse aide it uses:	38129

(A) An orientation program that includes at least an	38130
explanation of the organizational structure of the facility, its	38131
policies and procedures, its philosophy of care, a description of	38132
its resident population, and an enumeration of its employee rules;	38133

(B) Regular performance review and in-service education to	38134
assure that individuals working in the facility as nurse aides are	38135
competent to perform the nursing and nursing-related services they	38136
perform. In-service education shall include training for nurse	38137
aides providing nursing and nursing-related services to residents	38138
and patients with cognitive impairments.	38139

The ~~public~~director of health ~~council~~ shall adopt rules to	38140
implement the purposes of this section. The rules shall be no less	38141
stringent than the requirements, guidelines, and procedures	38142
established by the United States secretary of health and human	38143
services under sections 1819 and 1919 of the "Social Security	38144
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.	38145

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	38146
Revised Code:	38147

(A) "Bed surrender" means the following:

38148

(1) In the case of a nursing home, the removal of a bed from	38149
a nursing home's licensed capacity in a manner that reduces the	38150
total licensed capacity of all nursing homes;	38151

(2) In the case of a hospital, the removal of a hospital bed	38152
from registration under section 3701.07 of the Revised Code as a	38153
skilled nursing facility bed or long-term care bed in a manner	38154
that reduces the total number of hospital beds registered under	38155
that section as skilled nursing facility beds or long-term care	38156
beds.	38157

(B) "Change of operator" means an entering operator becoming	38158
the operator of a nursing home or hospital in the place of the	38159
exiting operator.	38160

(1) Actions that constitute a change of operator include the	38161
following:	38162

(a) A change in an exiting operator's form of legal	38163
organization, including the formation of a partnership or	38164
corporation from a sole proprietorship;	38165

(b) A transfer of all the exiting operator's ownership	38166
interest in the operation of the nursing home or hospital to the	38167
entering operator, regardless of whether ownership of any or all	38168
of the real property or personal property associated with the	38169
nursing home or hospital is also transferred;	38170

(c) A lease of the nursing home or hospital to the entering	38171
operator or the exiting operator's termination of the exiting	38172
operator's lease;	38173

(d) If the exiting operator is a partnership, dissolution of	38174
the partnership;	38175

(e) If the exiting operator is a partnership, a change in	38176
composition of the partnership unless both of the following apply:	38177

(i) The change in composition does not cause the	38178
partnership's dissolution under state law.	38179

(ii) The partners agree that the change in composition does	38180
not constitute a change in operator.	38181

(f) If the operator is a corporation, dissolution of the	38182
corporation, a merger of the corporation into another corporation	38183
that is the survivor of the merger, or a consolidation of one or	38184
more other corporations to form a new corporation.	38185

(2) The following, alone, do not constitute a change of	38186
operator:	38187

(a) A contract for an entity to manage a nursing home or	38188
hospital as the operator's agent, subject to the operator's	38189
approval of daily operating and management decisions;	38190

(b) A change of ownership, lease, or termination of a lease	38191
of real property or personal property associated with a nursing	38192
home or hospital if an entering operator does not become the	38193
operator in place of an exiting operator;	38194

(c) If the operator is a corporation, a change of one or more	38195
members of the corporation's governing body or transfer of	38196
ownership of one or more shares of the corporation's stock, if the	38197
same corporation continues to be the operator.	38198

(C) "Effective date of a change of operator" means the day an	38199
entering operator becomes the operator of a nursing home or	38200
hospital.	38201

(D) "Entering operator" means the person or government entity	38202
that will become the operator of a nursing home or hospital on the	38203
effective date of a change of operator.	38204

(E) "Exiting operator" means an operator that will cease to	38205
be the operator of a nursing home or hospital on the effective	38206
date of a change of operator.	38207

(F) "Franchise permit fee rate" means the following:

38208

(1) For fiscal year 2012, eleven dollars and forty-seven	38209
cents;	38210

(2) For fiscal year 2013 and each fiscal year thereafter,	38211
eleven dollars and sixty-seven cents.	38212

(G) "Hospital" has the same meaning as in section 3727.01 of	38213
the Revised Code.	38214

(H) "Hospital long-term care unit" means any distinct part of	38215
a hospital in which any of the following beds are located:	38216

(1) Beds registered pursuant to section 3701.07 of the	38217
Revised Code as skilled nursing facility beds or long-term care	38218
beds;	38219

(2) Beds licensed as nursing home beds under section 3721.02	38220
or 3721.09 of the Revised Code.	38221

(I) "Indirect guarantee percentage" means the percentage	38222
specified in section 1903(w)(4)(C)(ii) of the "Social Security	38223
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is	38224
to be used in determining whether a class of providers is	38225
indirectly held harmless for any portion of the costs of a	38226
broad-based health-care-related tax. If the indirect guarantee	38227
percentage changes during a fiscal year, the indirect guarantee	38228
percentage is the following:	38229

(1) For the part of the fiscal year before the change takes	38230
effect, the percentage in effect before the change;	38231

(2) For the part of the fiscal year beginning with the date	38232
the indirect guarantee percentage changes, the new percentage.	38233

(J) ~~"Inpatient days" means all days during which a resident~~	38234
~~of a nursing facility, regardless of payment source, occupies a~~	38235
~~bed in the nursing facility that is included in the facility's~~	38236
~~certified capacity under Title XIX. Therapeutic or hospital leave~~	38237
~~days for which payment is made under section 5111.26 of the~~	38238
~~Revised Code are considered inpatient days proportionate to the~~	38239
~~percentage of the facility's per resident per day rate paid for~~	38240
~~those days.~~	38241

~~(K)~~ "Medicaid" has the same meaning as in section 5111.01 of	38242
the Revised Code.	38243

~~(L) "Medicaid day" means all days during which a resident who~~	38244
~~is a medicaid recipient occupies a bed in a nursing facility that~~	38245
~~is included in the facility's certified capacity under Title XIX.~~	38246
~~Therapeutic or hospital leave days for which payment is made under~~	38247
~~section 5111.26 of the Revised Code are considered medicaid days~~	38248
~~proportionate to the percentage of the nursing facility's per~~	38249
~~resident per day rate for those days.~~	38250

~~(M)~~(K) "Medicare" means the program established by Title	38251
XVIII.	38252

~~(N)~~(L) "Nursing facility" has the same meaning as in section	38253
5111.20 of the Revised Code.	38254

~~(O)~~(M)(1) "Nursing home" means all of the following:

38255

(a) A nursing home licensed under section 3721.02 or 3721.09	38256
of the Revised Code, including any part of a home for the aging	38257
licensed as a nursing home;	38258

(b) A facility or part of a facility, other than a hospital,	38259
that is certified as a skilled nursing facility under Title XVIII;	38260

(c) A nursing facility, other than a portion of a hospital	38261
certified as a nursing facility.	38262

(2) "Nursing home" does not include ~~any~~either of the	38263
following:	38264

(a) A county home, county nursing home, or district home	38265
operated pursuant to Chapter 5155. of the Revised Code;	38266

(b) A nursing home maintained and operated by the department	38267
of veterans services under section 5907.01 of the Revised Code;	38268

~~(c) A nursing home or part of a nursing home licensed under~~	38269
~~section 3721.02 or 3721.09 of the Revised Code that is certified~~	38270
~~as an intermediate care facility for the mentally retarded under~~	38271
~~Title XIX~~.	38272

~~(P)~~(N) "Operator" means the person or government entity	38273
responsible for the daily operating and management decisions for a	38274
nursing home or hospital.	38275

~~(Q)~~(O) "Title XIX" means Title XIX of the "Social Security	38276
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	38277

~~(R)~~(P) "Title XVIII" means Title XVIII of the "Social	38278
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	38279

Sec. 3721.51. The department of job and family services	38280
shall do all of the following:	38281

(A) Subject to sections 3721.512, 3721.513, and 3721.531 of	38282
the Revised Code and divisions (C) and (D) of this section and for	38283
the purposes specified in section 3721.56 of the Revised Code,	38284
determine an annual franchise permit fee on each nursing home in	38285
an amount equal to the franchise permit fee rate multiplied by the	38286
product of the following:	38287

(1) The number of beds licensed as nursing home beds, plus	38288
any other beds certified as skilled nursing facility beds under	38289
Title XVIII or nursing facility beds under Title XIX on the first	38290
day of May of the calendar year in which the fee is determined	38291
pursuant to division (A) of section 3721.53 of the Revised Code;	38292

(2) The number of days in the fiscal year beginning on the	38293
first day of July of the calendar year in which the fee is	38294
determined pursuant to division (A) of section 3721.53 of the	38295
Revised Code.	38296

(B) Subject to sections 3721.512, 3721.513, and 3721.531 of	38297
the Revised Code and divisions (C) and (D) of this section and for	38298
the purposes specified in section 3721.56 of the Revised Code,	38299
determine an annual franchise permit fee on each hospital in an	38300
amount equal to the franchise permit fee rate multiplied by the	38301
product of the following:	38302

(1) The number of beds registered pursuant to section 3701.07	38303
of the Revised Code as skilled nursing facility beds or long-term	38304
care beds, plus any other beds licensed as nursing home beds under	38305
section 3721.02 or 3721.09 of the Revised Code, on the first day	38306
of May of the calendar year in which the fee is determined	38307
pursuant to division (A) of section 3721.53 of the Revised Code;	38308

(2) The number of days in the fiscal year beginning on the	38309
first day of July of the calendar year in which the fee is	38310
determined pursuant to division (A) of section 3721.53 of the	38311
Revised Code.	38312

(C) If the total amount of the franchise permit fee assessed	38313
under divisions (A) and (B) of this section for a fiscal year	38314
exceeds the indirect guarantee percentage of the actual net	38315
patient revenue for all nursing homes and hospital long-term care	38316
units for that fiscal year and seventy-five per cent or more of	38317
the combined total number of nursing homes and hospital long-term	38318
care units receive enhanced medicaid payments or other state	38319
payments equal to seventy-five per cent or more of their total	38320
franchise permit fee assessments, do both of the following:	38321

(1) Recalculate the assessments under divisions (A) and (B)	38322
of this section using a per bed per day rate equal to the indirect	38323
guarantee percentage of actual net patient revenue for all nursing	38324
homes and hospital long-term care units for that fiscal year;	38325

(2) Refund the difference between the amount of the franchise	38326
permit fee assessed for that fiscal year under divisions (A) and	38327
(B) of this section and the amount recalculated under division	38328
(C)(1) of this section as a credit against the assessments imposed	38329
under divisions (A) and (B) of this section for the subsequent	38330
fiscal year.	38331

(D) If the United States centers for medicare and medicaid	38332
services determines that the franchise permit fee established by	38333
sections 3721.50 to 3721.58 of the Revised Code is an	38334
impermissible health care-related tax under section 1903(w) of the	38335
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	38336
amended, take all necessary actions to cease implementation of	38337
sections 3721.50 to 3721.58 of the Revised Code in accordance with	38338
rules adopted under section 3721.58 of the Revised Code.	38339

Sec. 3723.06. (A) The director of health shall license radon	38340
testers, mitigation specialists, and mitigation contractors. Each	38341
applicant for a license shall submit a completed application to	38342
the director on a form the director shall prescribe and furnish.	38343

(B) In accordance with rules adopted ~~by the public health~~	38344
~~council~~ under section 3723.09 of the Revised Code, the director	38345
shall issue the appropriate license to each applicant that pays	38346
the license fee prescribed by the ~~council~~director, meets the	38347
licensing criteria established by the ~~council~~director, and	38348
complies with any other licensing and training requirements	38349
established by the ~~council~~director. An individual, business	38350
entity, or government entity may hold more than one license issued	38351
under this section, but a separate application is required for	38352
each license.	38353

(C) Notwithstanding division (B) of this section, the	38354
director shall issue a radon mitigation contractor license on	38355
request to the holder of a radon mitigation specialist license if	38356
the license holder is the owner or chief stockholder of a business	38357
entity for which hethe license holder is the only individual who	38358
will work as a radon mitigation specialist. The licensing criteria	38359
and any other licensing and training requirements the individual	38360
was required to meet to qualify for the radon mitigation	38361
specialist license are hereby deemed to satisfy any and all	38362
criteria and requirements for a radon mitigation contractor	38363
license. A license issued under this division shall expire at the	38364
same time as the individual's radon mitigation specialist license.	38365
No license fee shall be imposed for a license issued under this	38366
division.	38367

(D) A license issued under this section expires biennially	38368
and may be renewed by the director in accordance with criteria and	38369
procedures established ~~by the public health council~~in rules	38370
adopted under section 3723.09 of the Revised Code and on payment	38371
of the license renewal fee prescribed ~~by the council~~in those	38372
rules.	38373

(E) In accordance with Chapter 119. of the Revised Code, the	38374
director may do either of the following:	38375

(1) Refuse to issue a license to an individual, business	38376
entity, or government entity that does not meet the requirements	38377
of this chapter or the rules adopted under it or has been in	38378
violation of those requirements;	38379

(2) Suspend, revoke, or refuse to renew the license of an	38380
individual, business entity, or government entity that is or has	38381
been in violation of the requirements of this chapter or the rules	38382
adopted under it.	38383

Sec. 3723.07. The director of health shall approve all of	38384
the following:	38385

(A) Licensure training courses for radon testers and	38386
mitigation specialists;	38387

(B) Training courses for employees of mitigation contractors;

38388

38389

Each applicant for approval shall submit a completed	38390
application to the director on a form the director shall prescribe	38391
and furnish.	38392

In accordance with rules adopted ~~by the public health council~~	38393
under section 3723.09 of the Revised Code, the director shall	38394
issue the appropriate approval to each applicant that pays the	38395
approval fee prescribed by the ~~council~~director and meets the	38396
criteria for approval established by the ~~council~~director.	38397

In accordance with Chapter 119. of the Revised Code, the	38398
director may refuse to issue an approval and may revoke or suspend	38399
an approval issued under this section if the operator of the	38400
course or laboratory fails to meet the criteria established by the	38401
~~public health council~~director.	38402

Sec. 3723.09. (A) To protect the health of individuals	38403
inhabiting, occupying, or frequenting buildings, the ~~public~~	38404
director of health ~~council~~ shall adopt rules to implement the	38405
requirements of this chapter. All rules adopted under this section	38406
shall be adopted in accordance with Chapter 119. of the Revised	38407
Code.	38408

(B) The ~~public health council~~director shall adopt rules	38409
establishing criteria and procedures ~~to be followed by the~~	38410
~~director of health in~~for issuing and renewing licenses under	38411
section 3723.06 of the Revised Code to radon testers, mitigation	38412
specialists, and mitigation contractors. The rules may require	38413
that all applicants for licensure as a radon tester or mitigation	38414
specialist pass an examination. If an examination is required, the	38415
rules may require applicants to pass an examination conducted by	38416
the department or an appropriate examination conducted by the	38417
United States environmental protection agency.	38418

(C) The ~~public health council~~director shall adopt rules	38419
establishing criteria and procedures ~~to be followed by the~~	38420
~~director of health in~~for approving training courses under section	38421
3723.07 of the Revised Code. The rules may require that	38422
participants in training courses pass an examination conducted by	38423
the operator of the course and may require that the examinations	38424
be approved by the director ~~of health~~.	38425

(D) The ~~public health council~~director shall adopt rules	38426
establishing criteria and procedures ~~to be followed by the~~	38427
~~director of health in~~for approving radon laboratories under	38428
section 3723.07 of the Revised Code.	38429

(E) The ~~public health council~~director shall adopt rules	38430
establishing reasonable fees for licenses, license renewals, radon	38431
laboratory approvals, and training course approvals.	38432

(F) The ~~public health council~~director shall adopt rules	38433
establishing standards to be followed by licensed radon testers,	38434
mitigation specialists, and mitigation contractors for the	38435
prevention of hazards to the public health, including standards	38436
for worker protection, record keeping, and training of employees	38437
of licensed radon mitigation contractors.	38438

(G) The ~~public health council~~director shall adopt rules	38439
establishing procedures to be followed by any individual, business	38440
entity, or government entity licensed by another state to practice	38441
as a radon tester, mitigation specialist, or mitigation contractor	38442
in providing notice to the director of health prior to commencing	38443
practice in this state pursuant to section 3723.03 of the Revised	38444
Code.	38445

(H) The ~~public health council~~director may adopt rules that	38446
require licensed radon testers and mitigation specialists to	38447
report to the director ~~of health~~, by street address, radon test	38448
results that indicate the presence of radon at a level considered	38449
to be dangerous as determined by the ~~council~~director. The rules	38450
may require the reporting of screening measurements, follow-up	38451
measurements, post-mitigation measurements, and, if it is known	38452
that radon mitigation has been performed, the methods of	38453
mitigation that were used. Any information required to be reported	38454
to the director under these rules is not a public record under	38455
section 149.43 of the Revised Code, and shall not be released	38456
except in aggregate statistical form.	38457

Sec. 3725.02. (A) No person other than a hospital shall	38458
collect plasma, regardless of the use for which the plasma is	38459
intended, except at a plasmapheresis center holding a current,	38460
valid certificate of approval issued by the director of health.	38461

Whoever violates this division is guilty of a misdemeanor of	38462
the fourth degree.	38463

(B) The ~~public health council~~director shall adopt such rules	38464
as are necessary to carry out this chapter.	38465

Sec. 3727.01. (A) As used in this section, "health	38466
maintenance organization" means a public or private organization	38467
organized under the law of any state that is qualified under	38468
section 1310(d) of Title XIII of the "Public Health Service Act,"	38469
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	38470
following:	38471

(1) Provides or otherwise makes available to enrolled	38472
participants health care services including at least the following	38473
basic health care services: usual physician services,	38474
hospitalization, laboratory, x-ray, emergency and preventive	38475
service, and out-of-area coverage;	38476

(2) Is compensated, except for copayments, for the provision	38477
of basic health care services to enrolled participants by a	38478
payment that is paid on a periodic basis without regard to the	38479
date the health care services are provided and that is fixed	38480
without regard to the frequency, extent, or kind of health service	38481
actually provided;	38482

(3) Provides physician services primarily in either of the	38483
following ways:	38484

(a) Directly through physicians who are either employees or	38485
partners of the organization;	38486

(b) Through arrangements with individual physicians or one or	38487
more groups of physicians organized on a group-practice or	38488
individual-practice basis.	38489

(B) As used in this chapter:

38490

(1) "Children's hospital" ~~has the same meaning as in section~~	38491
~~3702.51 of the Revised Code~~means any of the following:	38492

(a) A hospital registered under section 3701.07 of the	38493
Revised Code that provides general pediatric medical and surgical	38494
care, and in which at least seventy-five per cent of annual	38495
inpatient discharges for the preceding two calendar years were	38496
individuals less than eighteen years of age;	38497

(b) A distinct portion of a hospital registered under section	38498
3701.07 of the Revised Code that provides general pediatric	38499
medical and surgical care, has a total of at least one hundred	38500
fifty registered pediatric special care and pediatric acute care	38501
beds, and in which at least seventy-five per cent of annual	38502
inpatient discharges for the preceding two calendar years were	38503
individuals less than eighteen years of age;	38504

(c) A distinct portion of a hospital, if the hospital is	38505
registered under section 3701.07 of the Revised Code as a	38506
children's hospital and the children's hospital meets all the	38507
requirements of division (B)(1)(a) of this section.	38508

(2) "Hospital" means an institution classified as a hospital	38509
under section 3701.07 of the Revised Code in which are provided to	38510
inpatients diagnostic, medical, surgical, obstetrical,	38511
psychiatric, or rehabilitation care for a continuous period longer	38512
than twenty-four hours or a hospital operated by a health	38513
maintenance organization. "Hospital" does not include a facility	38514
licensed under Chapter 3721. of the Revised Code, a health care	38515
facility operated by the department of mental health or the	38516
department of developmental disabilities, a health maintenance	38517
organization that does not operate a hospital, the office of any	38518
private licensed health care professional, whether organized for	38519
individual or group practice, or a clinic that provides ambulatory	38520
patient services and where patients are not regularly admitted as	38521
inpatients. "Hospital" also does not include an institution for	38522
the sick that is operated exclusively for patients who use	38523
spiritual means for healing and for whom the acceptance of medical	38524
care is inconsistent with their religious beliefs, accredited by a	38525
national accrediting organization, exempt from federal income	38526
taxation under section 501 of the Internal Revenue Code of 1986,	38527
100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing	38528
twenty-four hour nursing care pursuant to the exemption in	38529
division (E) of section 4723.32 of the Revised Code from the	38530
licensing requirements of Chapter 4723. of the Revised Code.	38531

(3) "Joint commission" means the commission formerly known as	38532
the joint commission on accreditation of healthcare organizations	38533
or the joint commission on accreditation of hospitals.	38534

Sec. 3727.42. (A) Every hospital shall compile and make	38535
available for inspection by the public a price information list	38536
containing the information specified in division (B) of this	38537
section and shall periodically update the list to maintain current	38538
information. The price information list shall be compiled and made	38539
available in a format that complies with the electronic	38540
transaction standards and code sets adopted by the United States	38541
secretary of health and human services under 42 U.S.C. 1320d-2.	38542

(B) Each price information list required by division (A) of	38543
this section shall contain all of the following information:	38544

(1) The usual and customary room and board charges for each	38545
level of care within the hospital, including but not limited to	38546
private rooms, semiprivate rooms, other multiple patient rooms,	38547
and intensive care and other specialty units;	38548

(2) Rates charged for nursing care, if the hospital charges	38549
separately for nursing care;	38550

(3) The usual and customary charges, stated separately for	38551
inpatients and outpatients if different charges are imposed, for	38552
any of the following services provided by the hospital:	38553

(a) The thirty most common x-ray and radiological procedures;

38554

(b) The thirty most common laboratory procedures;

38555

38556

(d) Operating room services;

38557

(e) Delivery room services;

38558

(f) Physical, occupational, and pulmonary therapy services;

38559

(g) Any other services designated as high volume services by	38560
a rule which shall be adopted by the ~~public~~director of health	38561
~~council~~.	38562

(4) The hospital's billing policies, including whether the	38563
hospital charges interest on an amount not paid in full by any	38564
person or government entity and the interest rate charged;	38565

(5) Whether or not the charges listed include fees for the	38566
services of hospital-based anesthesiologists, radiologists,	38567
pathologists, and emergency room physicians and, if a charge does	38568
not include such fees, how such fee information can be obtained.	38569

(C) Every hospital shall do all of the following with the	38570
price information list required by this section:	38571

(1) At the time of admission, or as soon as practical	38572
thereafter, inform each patient of the availability of the list	38573
and on request provide the patient with a free copy of the list;	38574

(2) On request, provide a paper copy of the list to any	38575
person or governmental agency, subject to payment of a reasonable	38576
fee for copying and processing;	38577

(3) Make the list available free of charge on the hospital's	38578
internet web site.	38579

Sec. 3729.01. As used in this chapter:

38580

(A) "Camp operator" means the operator of a recreational	38581
vehicle park, recreation camp, combined park-camp, or temporary	38582
park-camp.	38583

(B) "Campsite user" means a person who enters into a campsite	38584
use agreement with a camp operator for the use of a campsite at a	38585
recreational vehicle park, recreation camp, combined park-camp, or	38586
temporary park-camp.	38587

(C) "Combined park-camp" means any tract of land upon which a	38588
combination of five or more self-contained recreational vehicles	38589
or portable camping units are placed and includes any roadway,	38590
building, structure, vehicle, or enclosure used or intended for	38591
use as part of the park facilities. A tract of land that is	38592
subdivided for lease or other contract of the individual lots is a	38593
combined park-camp if a combination of five or more recreational	38594
vehicles or portable camping units are placed on it for	38595
recreation, vacation, or business purposes.	38596

"Combined park-camp" does not include any tract of land used	38597
solely as a temporary park-camp or solely as a manufactured home	38598
park.	38599

(D) "Dependent recreational vehicle" means a recreational	38600
vehicle other than a self-contained recreational vehicle.	38601
"Dependent recreational vehicle" includes a park model.	38602

(E) "Development" means any artificial change to improved or	38603
unimproved real estate, including, without limitation, buildings	38604
or structures, dredging, filling, grading, paving, excavation or	38605
drilling operations, or storage of equipment or materials, and the	38606
construction, expansion, or substantial alteration of a	38607
recreational vehicle park, recreation camp, or combined park-camp,	38608
for which plan review is required under division (A) of section	38609
3729.03 of the Revised Code. "Development" does not include the	38610
building, construction, erection, or manufacture of any building	38611
to which section 3781.06 of the Revised Code is applicable.	38612

(F) "Director of health" means the director of health or the	38613
director's authorized representative.	38614

(G) "Flood" or "flooding" means either of the following:

38615

(1) A general and temporary condition of partial or complete	38616
inundation of normally dry land areas from any of the following:	38617

(a) The overflow of inland or tidal waters;

38618

(b) The unusual and rapid accumulation or runoff of surface	38619
waters from any source;	38620

(c) Mudslides that are proximately caused by flooding as	38621
defined in division (G)(1)(b) of this section and that are akin to	38622
a river of liquid and flowing mud on the surface of normally dry	38623
land areas, as when earth is carried by a current of water and	38624
deposited along the path of the current.	38625

(2) The collapse or subsidence of land along the shore of a	38626
lake or other body of water as a result of erosion or undermining	38627
that is caused by waves or currents of water exceeding anticipated	38628
cyclical levels or that is suddenly caused by an unusually high	38629
water level in a natural body of water, and that is accompanied by	38630
a severe storm, by an unanticipated force of nature, such as a	38631
flash flood, by an abnormal tidal surge, or by some similarly	38632
unusual and unforeseeable event, that results in flooding as	38633
defined in division (G)(1)(a) of this section.	38634

(H) "Flood plain" means the area adjoining any river, stream,	38635
watercourse, or lake that has been or may be covered by flood	38636
water.	38637

(I) "Licensor" means either the board of health of a city or	38638
general health district, or the authority having the duties of a	38639
board of health in any city as authorized by section 3709.05 of	38640
the Revised Code, or the director of health, when required under	38641
division (B) of section 3729.06 of the Revised Code. "Licensor"	38642
also means an authorized representative of any of those entities	38643
or of the director.	38644

(J) "Manufactured home park" has the same meaning as in	38645
section ~~3733.01~~4781.01 of the Revised Code.	38646

(K) "One-hundred-year flood" means a flood having a one per	38647
cent chance of being equaled or exceeded in any given year.	38648

(L) "One-hundred-year flood plain" means that portion of a	38649
flood plain inundated by a one-hundred-year flood.	38650

(M) "Operator" means the person who has responsible charge of	38651
a recreational vehicle park, recreation camp, combined park-camp,	38652
or temporary park-camp and who is licensed under this chapter.	38653

(N) "Park model" means a recreational vehicle that meets the	38654
American national standard institute standard A119.5(1988) for	38655
park trailers, is built on a single chassis, has a gross trailer	38656
area of not more than four hundred square feet when set up, is	38657
designed for seasonal or temporary living quarters, and may be	38658
connected to utilities necessary for operation of installed	38659
features and appliances.	38660

(O) "Person" has the same meaning as in section 1.59 of the	38661
Revised Code and also includes this state, any political	38662
subdivision of this state, and any other state or local body of	38663
this state.	38664

(P) "Portable camping units" means dependent recreational	38665
vehicles, tents, portable sleeping equipment, and similar camping	38666
equipment used for travel, recreation, vacation, or business	38667
purposes.	38668

(Q) "Recreation camp" means any tract of land upon which five	38669
or more portable camping units are placed and includes any	38670
roadway, building, structure, vehicle, or enclosure used or	38671
intended for use as a part of the facilities of the camp. A tract	38672
of land that is subdivided for lease or other contract of the	38673
individual lots is a recreation camp if five or more portable	38674
camping units are placed on it for recreation, vacation, or	38675
business purposes.	38676

"Recreation camp" does not include any tract of land used	38677
solely for the storage or display for sale of dependent	38678
recreational vehicles, solely as a temporary park-camp, or solely	38679
as a manufactured home park.	38680

(R) "Recreational vehicle" has the same meaning as in section	38681
4501.01 of the Revised Code.	38682

(S) "Recreational vehicle park" means any tract of land used	38683
for parking five or more self-contained recreational vehicles and	38684
includes any roadway, building, structure, vehicle, or enclosure	38685
used or intended for use as part of the park facilities and any	38686
tract of land that is subdivided for lease or other contract of	38687
the individual lots for the express or implied purpose of placing	38688
self-contained recreational vehicles for recreation, vacation, or	38689
business purposes.	38690

"Recreational vehicle park" does not include any tract of	38691
land used solely for the storage or display for sale of	38692
self-contained recreational vehicles, solely as a temporary	38693
park-camp, or solely as a manufactured home park.	38694

(T) "Self-contained recreational vehicle" means a	38695
recreational vehicle that can operate independent of connections	38696
to sewer and water and has plumbing fixtures or appliances all of	38697
which are connected to sewage holding tanks located within the	38698
vehicle. "Self-contained recreational vehicle" includes a park	38699
model.	38700

(U) "Substantially alter" means a change in the layout or	38701
design of a recreational vehicle park, recreation camp, combined	38702
park-camp, or temporary park-camp, including, without limitation,	38703
the movement of utilities or changes in established streets, lots,	38704
or sites or in other facilities.	38705

(V) "Temporary park-camp" means any tract of land used for a	38706
period not to exceed a total of twenty-one days per calendar year	38707
for the purpose of parking five or more recreational vehicles,	38708
dependent recreational vehicles, or portable camping units, or any	38709
combination thereof, for one or more periods of time that do not	38710
exceed seven consecutive days or parts thereof.	38711

(W) "Tract" means a contiguous area of land that consists of	38712
one or more parcels, lots, or sites that have been separately	38713
surveyed regardless of whether the individual parcels, lots, or	38714
sites have been recorded and regardless of whether the one or more	38715
parcels, lots, or sites are under common or different ownership.	38716

Sec. 3729.02. (A) The ~~public~~director of health ~~council~~,	38717
subject to Chapter 119. of the Revised Code, shall adopt rules of	38718
uniform application throughout the state governing the review of	38719
plans and issuance of licenses for and the location, layout,	38720
construction, drainage, sanitation, safety, and operation of	38721
recreational vehicle parks, recreation camps, and combined	38722
park-camps. The rules shall not apply to the construction,	38723
erection, or manufacture of any building to which section 3781.06	38724
of the Revised Code is applicable.	38725

(B) The ~~public health council~~director, subject to Chapter	38726
119. of the Revised Code, shall adopt rules of uniform application	38727
throughout the state governing the review of plans and issuance of	38728
licenses for and the layout, sanitation, safety, and operation of	38729
temporary park-camps. The rules shall not apply to the	38730
construction, erection, or manufacture of any building to which	38731
section 3781.06 of the Revised Code is applicable.	38732

Sec. 3729.03. (A) No person shall cause development to occur	38733
within any portion of a recreational vehicle park, recreation	38734
camp, or combined park-camp until the plans for the development	38735
have been submitted to and reviewed and approved by the director	38736
of health. This division does not require that plans be submitted	38737
to the director for approval for the replacement of recreational	38738
vehicles or portable camping units on previously approved sites in	38739
a recreational vehicle park, recreation camp, or combined	38740
park-camp when no development is to occur in connection with the	38741
replacement. Within thirty days after receipt of the plans, all	38742
supporting documents and materials required to complete the	38743
review, and the applicable plan review fee established under	38744
division (D) of this section, the director shall approve or	38745
disapprove the plans.	38746

(B) Any person aggrieved by the director's disapproval of a	38747
set of plans under division (A) of this section may request a	38748
hearing on the matter within thirty days after receipt of the	38749
director's notice of the disapproval. The hearing shall be held in	38750
accordance with Chapter 119. of the Revised Code. Thereafter, the	38751
disapproval may be appealed in the manner provided in section	38752
119.12 of the Revised Code.	38753

(C) The director shall establish a system by which	38754
development occurring within a recreational vehicle park,	38755
recreation camp, or combined park-camp is inspected or verified in	38756
accordance with rules adopted under division (A) of section	38757
3729.02 of the Revised Code to ensure that the development	38758
complies with the plans approved under division (A) of this	38759
section.	38760

(D) The ~~public health council~~director shall establish fees	38761
for reviewing plans under division (A) of this section and	38762
conducting inspections under division (C) of this section.	38763

(E) The director shall charge the appropriate fees	38764
established under division (D) of this section for reviewing plans	38765
under division (A) of this section and conducting inspections	38766
under division (C) of this section. All such plan review and	38767
inspection fees received by the director shall be transmitted to	38768
the treasurer of state and shall be credited to the general	38769
operations fund created in section 3701.83 of the Revised Code.	38770
Moneys so credited to the fund shall be used only for the purpose	38771
of administering and enforcing this chapter and rules adopted	38772
under it.	38773

(F) Plan approvals issued under this section do not	38774
constitute an exemption from the land use and building	38775
requirements of the political subdivision in which the	38776
recreational vehicle park, recreation camp, or combined park-camp	38777
is or is to be located.	38778

Sec. 3729.04. (A) No person shall cause development to occur	38779
within any portion of a recreational vehicle park, recreation	38780
camp, combined park-camp, or temporary park-camp that is located	38781
within a one-hundred-year flood plain in a municipal corporation	38782
unless the person first obtains a permit therefor from the	38783
municipal corporation in accordance with the flood plain	38784
management ordinance of the municipal corporation.	38785

(B) No person shall cause development to occur within any	38786
portion of a recreational vehicle park, recreation camp, combined	38787
park-camp, or temporary park-camp that is located within a	38788
one-hundred-year flood plain in an unincorporated area unless the	38789
person first obtains a permit therefor from the board of county	38790
commissioners of the county in which the development is to occur	38791
in accordance with the flood plain management resolution of the	38792
county adopted under section 307.37 of the Revised Code.	38793

(C) If development for which a permit is required under	38794
division (A) or (B) of this section is to occur on a site where a	38795
recreational vehicle or portable camping unit is or is to be	38796
located, the owner of the recreational vehicle or portable camping	38797
unit and the operator of the recreational vehicle park, recreation	38798
camp, or combined park-camp shall jointly obtain the permit. Each	38799
of the persons to whom a permit is jointly issued is responsible	38800
for compliance with the provisions of the approved permit that are	38801
applicable to that person.	38802

If development for which a permit is required under division	38803
(A) or (B) of this section is to occur within a temporary	38804
park-camp on a site where a recreational vehicle or portable	38805
camping unit is or is to be located, the owner of the temporary	38806
park-camp shall obtain the permit.	38807

(D) Fees established by a municipal corporation or county for	38808
the issuance of permits under division (A) or (B) of this section	38809
are not subject to regulation by the ~~public~~director of health	38810
~~council~~.	38811

Sec. 3729.07. The licensor of a recreational vehicle park,	38812
recreation camp, or combined park-camp may charge a fee for an	38813
annual license to operate such a park, camp, or park-camp. In the	38814
case of a temporary park-camp, the licensor may charge a fee for a	38815
license to operate the temporary park-camp for the period	38816
specified in division (A) of section 3729.05 of the Revised Code.	38817
The fees for both types of licenses shall be determined in	38818
accordance with section 3709.09 of the Revised Code and shall	38819
include the cost of licensing and all inspections.	38820

Except for the fee for a temporary park-camp license, the fee	38821
also shall include any additional amount determined by rule of the	38822
~~public~~director of health ~~council~~, which shall be collected and	38823
transmitted by the board of health to the director ~~of health~~	38824
pursuant to section 3709.092 of the Revised Code and used only for	38825
the purpose of administering and enforcing this chapter and rules	38826
adopted under it. The portion of any fee retained by the board of	38827
health shall be paid into a special fund and used only for the	38828
purpose of administering and enforcing this chapter and rules	38829
adopted under it.	38830

Sec. 3729.08. The licensor of the health district in which a	38831
recreational vehicle park, recreation camp, combined park-camp, or	38832
temporary park-camp is or is to be located, in accordance with	38833
Chapter 119. of the Revised Code, may refuse to grant, may	38834
suspend, or may revoke any license granted to any person for	38835
failure to comply with this chapter or with any rule adopted by	38836
the ~~public~~director of health ~~council~~ under section 3729.02 of the	38837
Revised Code.	38838

Sec. 3730.10. (A) ~~Not later than ninety days after the~~	38839
~~effective date of this section, the public~~The director of health	38840
~~council~~ shall adopt rules in accordance with Chapter 119. of the	38841
Revised Code as necessary for the implementation and enforcement	38842
of this chapter. The rules shall include all of the following:	38843

(1) Safety and sanitation standards and procedures to be	38844
followed to prevent the transmission of infectious diseases during	38845
the performance of tattooing and body piercing procedures;	38846

(2) Standards and procedures to be followed for appropriate	38847
disinfection and sterilization of all invasive equipment or parts	38848
of equipment used in tattooing procedures, body piercing	38849
procedures, and ear piercing procedures performed with an ear	38850
piercing gun;	38851

(3) Procedures for suspending and revoking approvals under	38852
section 3730.05 of the Revised Code.	38853

(B) The rules adopted under division (A)(1) of this section	38854
shall establish universal blood and body fluid precautions to be	38855
used by any individual who performs tattooing or body piercing	38856
procedures. The precautions shall include all of the following:	38857

(1) The appropriate use of hand washing;

38858

(2) The handling and disposal of all needles and other sharp	38859
instruments used in tattooing or body piercing procedures;	38860

(3) The wearing and disposal of gloves and other protective	38861
garments and devices.	38862

(C) The rules adopted under division (A) of this section may	38863
include standards and procedures to be followed by a business that	38864
offers tattooing or body piercing services to ensure that the	38865
individuals who perform tattooing or body piercing procedures for	38866
the business are adequately trained to perform the procedures	38867
properly.	38868

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the	38869
Revised Code:	38870

(A) "Agricultural labor camp" means one or more buildings or	38871
structures, trailers, tents, or vehicles, together with any land	38872
appertaining thereto, established, operated, or used as temporary	38873
living quarters for two or more families or five or more persons	38874
intending to engage in or engaged in agriculture or related food	38875
processing, whether occupancy is by rent, lease, or mutual	38876
agreement. "Agricultural labor camp" does not include a hotel or	38877
motel, or a manufactured home park regulated pursuant to ~~section~~	38878
~~3733.01~~sections 4781.26 to 4781.52 of the Revised Code, and rules	38879
adopted thereunder.	38880

(B) "Board of health" means the board of health of a city or	38881
general health district or the authority having the duties of a	38882
board of health in any city as authorized by section 3709.05 of	38883
the Revised Code or an authorized representative of the board of	38884
health.	38885

(C) "Director" means the director of ~~the department of~~ health	38886
or the authorized representative of the director of health.	38887

(D) "Licensor" means the director of health.

38888

(E) "Person" means the state, any political subdivision,	38889
public or private corporation, partnership, association, trust,	38890
individual, or other entity.	38891

~~(F) "Public health council" means the public health council~~	38892
~~as created by section 3701.33 of the Revised Code.~~	38893

Sec. 3733.42. The ~~public~~director of health ~~council~~, subject	38894
to sections 119.01 to 119.13 of the Revised Code, shall adopt	38895
rules having a uniform application throughout the state, governing	38896
the issuance of licenses, location, layout, construction, approval	38897
of plans, sanitation, safety, operation, use, and maintenance of	38898
agricultural labor camps. The rules shall establish minimum	38899
standards of habitability with which a licensee shall comply in	38900
operating an agricultural labor camp. The rules shall establish,	38901
beyond minimum standards of habitability, additional standards of	38902
habitability for those camps and shall establish priorities for	38903
those additional standards with which a licensee may ~~voluntary~~	38904
voluntarily comply.	38905

In addition to meeting the requirements of section 119.03 of	38906
the Revised Code, the director of health shall mail a notice of	38907
the date, time, and place of any hearing on the adoption,	38908
amendment, or rescission of such rules and the full text of the	38909
proposed rule, amendment, or rule to be rescinded, at least thirty	38910
days prior to the hearing date, to all persons currently	38911
authorized or licensed to operate camps by the department of	38912
health, or authorized or licensed to operate camps in the previous	38913
calendar year.	38914

Sec. 3734.01. As used in this chapter:

38915

(A) "Board of health" means the board of health of a city or	38916
general health district or the authority having the duties of a	38917
board of health in any city as authorized by section 3709.05 of	38918
the Revised Code.	38919

(B) "Director" means the director of environmental	38920
protection.	38921

(C) "Health district" means a city or general health district	38922
as created by or under authority of Chapter 3709. of the Revised	38923
Code.	38924

(D) "Agency" means the environmental protection agency.

38925

(E) "Solid wastes" means such unwanted residual solid or	38926
semisolid material as results from industrial, commercial,	38927
agricultural, and community operations, excluding earth or	38928
material from construction, mining, or demolition operations, or	38929
other waste materials of the type that normally would be included	38930
in demolition debris, nontoxic fly ash and bottom ash, including	38931
at least ash that results from the combustion of coal and ash that	38932
results from the combustion of coal in combination with scrap	38933
tires where scrap tires comprise not more than fifty per cent of	38934
heat input in any month, spent nontoxic foundry sand, and slag and	38935
other substances that are not harmful or inimical to public	38936
health, and includes, but is not limited to, garbage, scrap tires,	38937
combustible and noncombustible material, street dirt, and debris.	38938
"Solid wastes" does not include any material that is an infectious	38939
waste or a hazardous waste.	38940

(F) "Disposal" means the discharge, deposit, injection,	38941
dumping, spilling, leaking, emitting, or placing of any solid	38942
wastes or hazardous waste into or on any land or ground or surface	38943
water or into the air, except if the disposition or placement	38944
constitutes storage or treatment or, if the solid wastes consist	38945
of scrap tires, the disposition or placement constitutes a	38946
beneficial use or occurs at a scrap tire recovery facility	38947
licensed under section 3734.81 of the Revised Code.	38948

(G) "Person" includes the state, any political subdivision	38949
and other state or local body, the United States and any agency or	38950
instrumentality thereof, and any legal entity defined as a person	38951
under section 1.59 of the Revised Code.	38952

(H) "Open burning" means the burning of solid wastes in an	38953
open area or burning of solid wastes in a type of chamber or	38954
vessel that is not approved or authorized in rules adopted by the	38955
director under section 3734.02 of the Revised Code or, if the	38956
solid wastes consist of scrap tires, in rules adopted under	38957
division (V) of this section or section 3734.73 of the Revised	38958
Code, or the burning of treated or untreated infectious wastes in	38959
an open area or in a type of chamber or vessel that is not	38960
approved in rules adopted by the director under section 3734.021	38961
of the Revised Code.	38962

(I) "Open dumping" means the depositing of solid wastes into	38963
a body or stream of water or onto the surface of the ground at a	38964
site that is not licensed as a solid waste facility under section	38965
3734.05 of the Revised Code or, if the solid wastes consist of	38966
scrap tires, as a scrap tire collection, storage, monocell,	38967
monofill, or recovery facility under section 3734.81 of the	38968
Revised Code; the depositing of solid wastes that consist of scrap	38969
tires onto the surface of the ground at a site or in a manner not	38970
specifically identified in divisions (C)(2) to (5), (7), or (10)	38971
of section 3734.85 of the Revised Code; the depositing of	38972
untreated infectious wastes into a body or stream of water or onto	38973
the surface of the ground; or the depositing of treated infectious	38974
wastes into a body or stream of water or onto the surface of the	38975
ground at a site that is not licensed as a solid waste facility	38976
under section 3734.05 of the Revised Code.	38977

(J) "Hazardous waste" means any waste or combination of	38978
wastes in solid, liquid, semisolid, or contained gaseous form that	38979
in the determination of the director, because of its quantity,	38980
concentration, or physical or chemical characteristics, may do	38981
either of the following:	38982

(1) Cause or significantly contribute to an increase in	38983
mortality or an increase in serious irreversible or incapacitating	38984
reversible illness;	38985

(2) Pose a substantial present or potential hazard to human	38986
health or safety or to the environment when improperly stored,	38987
treated, transported, disposed of, or otherwise managed.	38988

"Hazardous waste" includes any substance identified by	38989
regulation as hazardous waste under the "Resource Conservation and	38990
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	38991
amended, and does not include any substance that is subject to the	38992
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	38993
amended.	38994

(K) "Treat" or "treatment," when used in connection with	38995
hazardous waste, means any method, technique, or process designed	38996
to change the physical, chemical, or biological characteristics or	38997
composition of any hazardous waste; to neutralize the waste; to	38998
recover energy or material resources from the waste; to render the	38999
waste nonhazardous or less hazardous, safer to transport, store,	39000
or dispose of, or amenable for recovery, storage, further	39001
treatment, or disposal; or to reduce the volume of the waste. When	39002
used in connection with infectious wastes, "treat" or "treatment"	39003
means any method, technique, or process designed to render the	39004
wastes noninfectious, including, without limitation, steam	39005
sterilization and incineration, or, in the instance of wastes	39006
identified in division (R)(7) of this section, to substantially	39007
reduce or eliminate the potential for the wastes to cause	39008
lacerations or puncture wounds.	39009

(L) "Manifest" means the form used for identifying the	39010
quantity, composition, origin, routing, and destination of	39011
hazardous waste during its transportation from the point of	39012
generation to the point of disposal, treatment, or storage.	39013

(M) "Storage," when used in connection with hazardous waste,	39014
means the holding of hazardous waste for a temporary period in	39015
such a manner that it remains retrievable and substantially	39016
unchanged physically and chemically and, at the end of the period,	39017
is treated; disposed of; stored elsewhere; or reused, recycled, or	39018
reclaimed in a beneficial manner. When used in connection with	39019
solid wastes that consist of scrap tires, "storage" means the	39020
holding of scrap tires for a temporary period in such a manner	39021
that they remain retrievable and, at the end of that period, are	39022
beneficially used; stored elsewhere; placed in a scrap tire	39023
monocell or monofill facility licensed under section 3734.81 of	39024
the Revised Code; processed at a scrap tire recovery facility	39025
licensed under that section or a solid waste incineration or	39026
energy recovery facility subject to regulation under this chapter;	39027
or transported to a scrap tire monocell, monofill, or recovery	39028
facility, any other solid waste facility authorized to dispose of	39029
scrap tires, or a facility that will beneficially use the scrap	39030
tires, that is located in another state and is operating in	39031
compliance with the laws of the state in which the facility is	39032
located.	39033

(N) "Facility" means any site, location, tract of land,	39034
installation, or building used for incineration, composting,	39035
sanitary landfilling, or other methods of disposal of solid wastes	39036
or, if the solid wastes consist of scrap tires, for the	39037
collection, storage, or processing of the solid wastes; for the	39038
transfer of solid wastes; for the treatment of infectious wastes;	39039
or for the storage, treatment, or disposal of hazardous waste.	39040

(O) "Closure" means the time at which a hazardous waste	39041
facility will no longer accept hazardous waste for treatment,	39042
storage, or disposal, the time at which a solid waste facility	39043
will no longer accept solid wastes for transfer or disposal or, if	39044
the solid wastes consist of scrap tires, for storage or	39045
processing, or the effective date of an order revoking the permit	39046
for a hazardous waste facility or the registration certificate,	39047
permit, or license for a solid waste facility, as applicable.	39048
"Closure" includes measures performed to protect public health or	39049
safety, to prevent air or water pollution, or to make the facility	39050
suitable for other uses, if any, including, but not limited to,	39051
the removal of processing residues resulting from solid wastes	39052
that consist of scrap tires; the establishment and maintenance of	39053
a suitable cover of soil and vegetation over cells in which	39054
hazardous waste or solid wastes are buried; minimization of	39055
erosion, the infiltration of surface water into such cells, the	39056
production of leachate, and the accumulation and runoff of	39057
contaminated surface water; the final construction of facilities	39058
for the collection and treatment of leachate and contaminated	39059
surface water runoff, except as otherwise provided in this	39060
division; the final construction of air and water quality	39061
monitoring facilities, except as otherwise provided in this	39062
division; the final construction of methane gas extraction and	39063
treatment systems; or the removal and proper disposal of hazardous	39064
waste or solid wastes from a facility when necessary to protect	39065
public health or safety or to abate or prevent air or water	39066
pollution. With regard to a solid waste facility that is a scrap	39067
tire facility, "closure" includes the final construction of	39068
facilities for the collection and treatment of leachate and	39069
contaminated surface water runoff and the final construction of	39070
air and water quality monitoring facilities only if those actions	39071
are determined to be necessary.	39072

(P) "Premises" means either of the following:

39073

(1) Geographically contiguous property owned by a generator;

39074

(2) Noncontiguous property that is owned by a generator and	39075
connected by a right-of-way that the generator controls and to	39076
which the public does not have access. Two or more pieces of	39077
property that are geographically contiguous and divided by public	39078
or private right-of-way or rights-of-way are a single premises.	39079

(Q) "Post-closure" means that period of time following	39080
closure during which a hazardous waste facility is required to be	39081
monitored and maintained under this chapter and rules adopted	39082
under it, including, without limitation, operation and maintenance	39083
of methane gas extraction and treatment systems, or the period of	39084
time after closure during which a scrap tire monocell or monofill	39085
facility licensed under section 3734.81 of the Revised Code is	39086
required to be monitored and maintained under this chapter and	39087
rules adopted under it.	39088

(R) "Infectious wastes" includes all of the following	39089
substances or categories of substances:	39090

(1) Cultures and stocks of infectious agents and associated	39091
biologicals, including, without limitation, specimen cultures,	39092
cultures and stocks of infectious agents, wastes from production	39093
of biologicals, and discarded live and attenuated vaccines;	39094

(2) Laboratory wastes that were, or are likely to have been,	39095
in contact with infectious agents that may present a substantial	39096
threat to public health if improperly managed;	39097

(3) Pathological wastes, including, without limitation, human	39098
and animal tissues, organs, and body parts, and body fluids and	39099
excreta that are contaminated with or are likely to be	39100
contaminated with infectious agents, removed or obtained during	39101
surgery or autopsy or for diagnostic evaluation, provided that,	39102
with regard to pathological wastes from animals, the animals have	39103
or are likely to have been exposed to a zoonotic or infectious	39104
agent;	39105

(4) Waste materials from the rooms of humans, or the	39106
enclosures of animals, that have been isolated because of	39107
diagnosed communicable disease that are likely to transmit	39108
infectious agents. Such waste materials from the rooms of humans	39109
do not include any wastes of patients who have been placed on	39110
blood and body fluid precautions under the universal precaution	39111
system established by the centers for disease control in the	39112
public health service of the United States department of health	39113
and human services, except to the extent specific wastes generated	39114
under the universal precautions system have been identified as	39115
infectious wastes by rules adopted under division (R)(8) of this	39116
section.	39117

(5) Human and animal blood specimens and blood products that	39118
are being disposed of, provided that, with regard to blood	39119
specimens and blood products from animals, the animals were or are	39120
likely to have been exposed to a zoonotic or infectious agent.	39121
"Blood products" does not include patient care waste such as	39122
bandages or disposable gowns that are lightly soiled with blood or	39123
other body fluids unless those wastes are soiled to the extent	39124
that the generator of the wastes determines that they should be	39125
managed as infectious wastes.	39126

(6) Contaminated carcasses, body parts, and bedding of	39127
animals that were intentionally exposed to infectious agents from	39128
zoonotic or human diseases during research, production of	39129
biologicals, or testing of pharmaceuticals, and carcasses and	39130
bedding of animals otherwise infected by zoonotic or infectious	39131
agents that may present a substantial threat to public health if	39132
improperly managed;	39133

(7) Sharp wastes used in the treatment, diagnosis, or	39134
inoculation of human beings or animals or that have, or are likely	39135
to have, come in contact with infectious agents in medical,	39136
research, or industrial laboratories, including, without	39137
limitation, hypodermic needles and syringes, scalpel blades, and	39138
glass articles that have been broken;	39139

(8) Any other waste materials generated in the diagnosis,	39140
treatment, or immunization of human beings or animals, in research	39141
pertaining thereto, or in the production or testing of	39142
biologicals, that the ~~public~~director of health ~~council created in~~	39143
~~section 3701.33 of the Revised Code~~, by rules adopted in	39144
accordance with Chapter 119. of the Revised Code, identifies as	39145
infectious wastes after determining that the wastes present a	39146
substantial threat to human health when improperly managed because	39147
they are contaminated with, or are likely to be contaminated with,	39148
infectious agents.	39149

(S) "Infectious agent" means a type of microorganism,	39150
helminth, or virus that causes, or significantly contributes to	39151
the cause of, increased morbidity or mortality of human beings.	39152

(T) "Zoonotic agent" means a type of microorganism, helminth,	39153
or virus that causes disease in vertebrate animals and that is	39154
transmissible to human beings and causes or significantly	39155
contributes to the cause of increased morbidity or mortality of	39156
human beings.	39157

(U) "Solid waste transfer facility" means any site, location,	39158
tract of land, installation, or building that is used or intended	39159
to be used primarily for the purpose of transferring solid wastes	39160
that were generated off the premises of the facility from vehicles	39161
or containers into other vehicles for transportation to a solid	39162
waste disposal facility. "Solid waste transfer facility" does not	39163
include any facility that consists solely of portable containers	39164
that have an aggregate volume of fifty cubic yards or less nor any	39165
facility where legitimate recycling activities are conducted.	39166

(V) "Beneficially use" means to use a scrap tire in a manner	39167
that results in a commodity for sale or exchange or in any other	39168
manner authorized as a beneficial use in rules adopted by the	39169
director in accordance with Chapter 119. of the Revised Code.	39170

(W) "Commercial car," "commercial tractor," "farm machinery,"	39171
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	39172
the same meanings as in section 4501.01 of the Revised Code.	39173

(X) "Construction equipment" means road rollers, traction	39174
engines, power shovels, power cranes, and other equipment used in	39175
construction work, or in mining or producing or processing	39176
aggregates, and not designed for or used in general highway	39177
transportation.	39178

(Y) "Motor vehicle salvage dealer" has the same meaning as in	39179
section 4738.01 of the Revised Code.	39180

(Z) "Scrap tire" means an unwanted or discarded tire.

39181

(AA) "Scrap tire collection facility" means any facility that	39182
meets all of the following qualifications:	39183

(1) The facility is used for the receipt and storage of whole	39184
scrap tires from the public prior to their transportation to a	39185
scrap tire storage, monocell, monofill, or recovery facility	39186
licensed under section 3734.81 of the Revised Code; a solid waste	39187
incineration or energy recovery facility subject to regulation	39188
under this chapter; a premises within the state where the scrap	39189
tires will be beneficially used; or a scrap tire storage,	39190
monocell, monofill, or recovery facility, any other solid waste	39191
disposal facility authorized to dispose of scrap tires, or a	39192
facility that will beneficially use the scrap tires, that is	39193
located in another state, and that is operating in compliance with	39194
the laws of the state in which the facility is located.	39195

(2) The facility exclusively stores scrap tires in portable	39196
containers.	39197

(3) The aggregate storage of the portable containers in which	39198
the scrap tires are stored does not exceed five thousand cubic	39199
feet.	39200

(BB) "Scrap tire monocell facility" means an individual site	39201
within a solid waste landfill that is used exclusively for the	39202
environmentally sound storage or disposal of whole scrap tires or	39203
scrap tires that have been shredded, chipped, or otherwise	39204
mechanically processed.	39205

(CC) "Scrap tire monofill facility" means an engineered	39206
facility used or intended to be used exclusively for the storage	39207
or disposal of scrap tires, including at least facilities for the	39208
submergence of whole scrap tires in a body of water.	39209

(DD) "Scrap tire recovery facility" means any facility, or	39210
portion thereof, for the processing of scrap tires for the purpose	39211
of extracting or producing usable products, materials, or energy	39212
from the scrap tires through a controlled combustion process,	39213
mechanical process, or chemical process. "Scrap tire recovery	39214
facility" includes any facility that uses the controlled	39215
combustion of scrap tires in a manufacturing process to produce	39216
process heat or steam or any facility that produces usable heat or	39217
electric power through the controlled combustion of scrap tires in	39218
combination with another fuel, but does not include any solid	39219
waste incineration or energy recovery facility that is designed,	39220
constructed, and used for the primary purpose of incinerating	39221
mixed municipal solid wastes and that burns scrap tires in	39222
conjunction with mixed municipal solid wastes, or any tire	39223
retreading business, tire manufacturing finishing center, or tire	39224
adjustment center having on the premises of the business a single,	39225
covered scrap tire storage area at which not more than four	39226
thousand scrap tires are stored.	39227

(EE) "Scrap tire storage facility" means any facility where	39228
whole scrap tires are stored prior to their transportation to a	39229
scrap tire monocell, monofill, or recovery facility licensed under	39230
section 3734.81 of the Revised Code; a solid waste incineration or	39231
energy recovery facility subject to regulation under this chapter;	39232
a premises within the state where the scrap tires will be	39233
beneficially used; or a scrap tire storage, monocell, monofill, or	39234
recovery facility, any other solid waste disposal facility	39235
authorized to dispose of scrap tires, or a facility that will	39236
beneficially use the scrap tires, that is located in another	39237
state, and that is operating in compliance with the laws of the	39238
state in which the facility is located.	39239

(FF) "Used oil" means any oil that has been refined from	39240
crude oil, or any synthetic oil, that has been used and, as a	39241
result of that use, is contaminated by physical or chemical	39242
impurities. "Used oil" includes only those substances identified	39243
as used oil by the United States environmental protection agency	39244
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	39245
U.S.C.A. 6901a, as amended.	39246

(GG) "Accumulated speculatively" has the same meaning as in	39247
rules adopted by the director under section 3734.12 of the Revised	39248
Code.	39249

Sec. 3734.131. (A)(1) Except as provided in divisions (D)(1)	39250
and (2) of this section, no person shall transport any solid	39251
wastes from outside this state to a solid waste facility in this	39252
state unless that person has first irrevocably consented in	39253
writing to the jurisdiction of the courts of this state and	39254
service of process in this state, including, without limitation,	39255
summonses and subpoenas, for any civil or criminal proceeding	39256
arising out of or relating to the wastes that are shipped to a	39257
facility in this state.	39258

(2) The original of the consent-to-jurisdiction document	39259
shall be legible and shall be filed with the director of	39260
environmental protection on a form provided by the director. A	39261
legible copy of the completed document shall be filed with the	39262
owner or operator of each solid waste facility to which the wastes	39263
are transported. A consent-to-jurisdiction document applies only	39264
to shipments into this state of wastes described in division	39265
(A)(1) of this section.	39266

(3) All consent-to-jurisdiction documents required under	39267
division (A)(1) or (3) of this section shall be refiled during the	39268
month of December, 1995, and during the month of December of every	39269
fourth year thereafter. Except as provided in division (D)(1) of	39270
this section, after December 31, 1995, or after the thirty-first	39271
day of December of every fourth year thereafter, whichever is	39272
applicable, no person shall continue to transport any solid wastes	39273
from outside this state to a solid waste facility in this state	39274
unless the person refiles with the director and the owner or	39275
operator of each facility to which the wastes are transported	39276
consent-to-jurisdiction documents, in the manner prescribed in	39277
division (A)(2) of this section, during the month of December next	39278
preceding the period for which the refiled document is required.	39279

(4) If the address of a person changes from that listed on	39280
the current consent-to-jurisdiction document filed under division	39281
(A)(1) or (3) of this section, the person shall file amended	39282
consent-to-jurisdiction documents containing the new address with	39283
the director and the owner or operator of each facility to which	39284
the wastes are transported.	39285

(5)(a) Except as provided in division (D)(1) of this section,	39286
no person identified in divisions (D)(2)(a) to (d) of this section	39287
shall transport any solid wastes from outside this state to a	39288
solid waste facility in this state unless the person has first	39289
filed a notification and authorization document naming the	39290
person's agent who is authorized to accept service of process in	39291
this state, including, without limitation, summonses and	39292
subpoenas, for any civil or criminal proceeding arising out of or	39293
relating to the wastes that are shipped to a facility in this	39294
state.	39295

The original of the notification and authorization document	39296
shall be legible and shall be filed with the director on a form	39297
provided by the director. A legible copy of the completed document	39298
shall be filed with the owner or operator of each solid waste	39299
facility to which the wastes are transported.	39300

(b) All notification and authorization documents required	39301
under division (A)(5) of this section shall be refiled during the	39302
month of December, 1995, and during the month of December of every	39303
fourth year thereafter. Except as provided in division (D)(1) of	39304
this section, after December 31, 1995, or after the thirty-first	39305
day of December of every fourth year thereafter, whichever is	39306
applicable, no person identified in divisions (D)(2)(a) to (d) of	39307
this section shall continue to transport any solid wastes from	39308
outside this state to a solid waste facility in this state unless	39309
the person refiles with the director and the owner or operator of	39310
each facility to which the wastes are transported notification and	39311
authorization documents, in the manner prescribed in division	39312
(A)(5)(a) of this section, during the month of December next	39313
preceding the period for which the refiled document is required.	39314

(c) If a person's agent or the address of a person's agent	39315
changes from that listed on the current notification and	39316
authorization document filed under division (A)(5)(a) or (b) of	39317
this section, the person shall file amended notification and	39318
authorization documents containing the name and address of the new	39319
agent or the agent's new address with the director and the owner	39320
or operator of each facility to which the wastes are transported.	39321

(B) A person who enters this state pursuant to a summons,	39322
subpoena, or other form of process authorized by this section is	39323
not subject to arrest or the service of process, whether civil or	39324
criminal, in connection with other matters that arose before his	39325
entrance into this state pursuant to the summons, subpoena, or	39326
other form of process authorized by this section.	39327

(C)(1) Except as provided in division (D)(1) of this section,	39328
no owner, operator, or employee of a solid waste facility shall	39329
accept for treatment, transfer, storage, or disposal at the	39330
facility any solid wastes from outside the boundaries of this	39331
state unless the facility has received a copy of the	39332
consent-to-jurisdiction document or notification and authorization	39333
document required under this section and applicable to the wastes.	39334

(2) The owner or operator of a solid waste facility shall	39335
keep the consent-to-jurisdiction documents and the notification	39336
and authorization documents filed with him under this section at	39337
the facility in such a location and manner that they are readily	39338
accessible to the director or his authorized representative, and	39339
the board of health having jurisdiction over the facility and its	39340
authorized representative, for the purposes of sections 3734.07	39341
and 3734.10 of the Revised Code.	39342

(D)(1) Divisions (A), (B), and (C) of this section do not	39343
apply to the transportation, transfer, or disposal of solid wastes	39344
from residential premises located less than ten miles outside the	39345
boundaries of this state.	39346

(2) Divisions (A)(1) to (4) of this section do not apply to	39347
any of the following:	39348

(a) A corporation incorporated under the laws of this state	39349
that has appointed a statutory agent pursuant to section 1701.07	39350
of the Revised Code;	39351

(b) A foreign corporation licensed to transact business in	39352
this state that has appointed a designated agent pursuant to	39353
section 1703.041 of the Revised Code;	39354

(c) A ~~nonresident~~ motor carrier ~~that has designated an agent~~	39355
~~pursuant to~~, as defined in section ~~4919.77~~4923.01 of the Revised	39356
Code, that is a nonresident;	39357

(d) Any other person who is a resident of this state.

39358

Sec. 3734.15. (A) No person shall transport hazardous waste	39359
anywhere in this state unless hethe person has first registered	39360
with and obtained a uniform permit from the public utilities	39361
commission in accordance with ~~section 4905.80~~Chapter 4921. of the	39362
Revised Code.	39363

For the purposes of this section, "registered transporter"	39364
means any person who is registered with and has received a uniform	39365
permit from the public utilities commission pursuant to ~~section~~	39366
~~4905.80~~Chapter 4921. of the Revised Code.	39367

(B) A registered transporter of hazardous waste shall be	39368
responsible for the safe delivery of any hazardous waste that he	39369
the registered transporter transports from such time as hethe	39370
registered transporter obtains the waste until hethe registered	39371
transporter delivers it to a treatment, storage, or disposal	39372
facility specified in division (F) of section 3734.02 of the	39373
Revised Code, as recorded on the manifest required in division (B)	39374
of section 3734.12 of the Revised Code. Any registered transporter	39375
who violates this chapter or any rule adopted under the chapter	39376
while transporting hazardous waste shall be liable for any damage	39377
or injury caused by the violation and for the costs of rectifying	39378
the violation and conditions caused by the violation.	39379

(C) No person who generates hazardous waste shall cause the	39380
waste to be transported by any person who is not a registered	39381
transporter. No person shall accept for treatment, storage, or	39382
disposal any hazardous waste from an unregistered transporter. Any	39383
person who is requested to accept such waste for treatment,	39384
storage, or disposal shall notify the director, the board of	39385
health in ~~his~~the person's location, and the public utilities	39386
commission of the request.	39387

If a generator causes an unregistered transporter to	39388
transport the hazardous waste, the generator of the waste, the	39389
transporter, and any person who accepts the waste for treatment,	39390
storage, or disposal shall be jointly and severally liable for any	39391
damage or injury caused by the handling of the waste and for the	39392
costs of rectifying their violation and conditions caused by their	39393
violation.	39394

Sec. 3734.51. There is hereby created within the	39395
environmental protection agency the solid waste management	39396
advisory council consisting of the directors of environmental	39397
protection,and development~~, and natural resources~~, or their	39398
designees, as members ex officio, one member of the senate to be	39399
appointed by the president of the senate, one member of the house	39400
of representatives to be appointed by the speaker of the house of	39401
representatives, and fourteen members to be appointed by the	39402
governor with the advice and consent of the senate. Of the	39403
appointed members, one shall be an employee of a health district	39404
whose duties include enforcement of the solid waste provisions of	39405
this chapter, two shall represent the interests of counties, two	39406
shall represent the interests of municipal corporations, two shall	39407
represent the interests of townships, one shall represent the	39408
interests of county solid waste management districts, one shall	39409
represent the interests of joint solid waste management districts,	39410
one shall represent the interests of industrial generators of	39411
solid wastes, one shall be from the private recycling industry,	39412
one shall be from the private solid waste management industry, one	39413
shall be from a statewide environmental advocacy organization, and	39414
one shall represent the public. ~~Within ninety days after June 24,~~	39415
~~1988, the governor shall make the initial appointments to the~~	39416
~~advisory council. Of those initial appointments, six shall be for~~	39417
~~a term ending June 24, 1989, and six shall be for a term ending~~	39418
~~June 24, 1990. The governor shall make the initial appointments to~~	39419
~~the advisory council of the members representing county and joint~~	39420
~~solid waste management districts within ninety days after the~~	39421
~~effective date of this amendment. Of the initial appointments of~~	39422
~~the members representing solid waste management districts, one~~	39423
~~shall be for a term ending June 24, 1993, and one shall be for a~~	39424
~~term ending June 24, 1994. Thereafter, terms~~Terms of office shall	39425
be for two years with each term ending on the same day of the same	39426
month as did the term that it succeeds. Each member shall hold	39427
office from the date of ~~his~~ appointment until the end of the term	39428
for which hethe member was appointed. Members may be reappointed.	39429
Vacancies shall be filled in the manner provided for original	39430
appointments. Any member appointed to fill a vacancy occurring	39431
prior to the expiration of the term for which ~~his~~the member's	39432
predecessor was appointed shall hold office for the remainder of	39433
that term. A member shall continue in office subsequent to the	39434
expiration of ~~his~~the member's term or until a period of sixty	39435
days has elapsed, whichever occurs first.	39436

The advisory council shall hold at least four regular	39437
quarterly meetings each year. Special meetings may be held at the	39438
behest of the ~~chairman~~chairperson or a majority of the members.	39439
The director of environmental protection shall serve as ~~chairman~~	39440
chairperson of the advisory council. The advisory council annually	39441
shall select from among its members a vice-~~chairman~~chairperson	39442
and a secretary to keep a record of its proceedings. A majority	39443
vote of the members of the advisory council is necessary to take	39444
action on any matter.	39445

Serving as an appointed member of the advisory council does	39446
not constitute holding a public office or position of employment	39447
under the laws of this state and does not constitute grounds for	39448
removal of public officers or employees from their offices or	39449
positions of employment. The governor may remove an appointed	39450
member of the advisory council at any time for misfeasance,	39451
nonfeasance, or malfeasance in office.	39452

Appointed members of the advisory council shall serve without	39453
compensation for attending council meetings. Members of the	39454
advisory council shall be reimbursed for their actual and	39455
necessary expenses incurred in the performance of their duties as	39456
members of the council from moneys appropriated to the	39457
environmental protection agency for administration and enforcement	39458
of the solid waste provisions of this chapter.	39459

The advisory council shall do all of the following:

39460

(A) Advise and assist the director of environmental	39461
protection with preparation of the state solid waste management	39462
plan and periodic revisions to the plan under section 3734.50 of	39463
the Revised Code;	39464

(B) Approve or disapprove the draft state solid waste	39465
management plan and periodic revisions prior to adoption of the	39466
plan under section 3734.50 of the Revised Code;	39467

(C) Annually review implementation of the state solid waste	39468
management plan and the solid waste management plans of county and	39469
joint solid waste management districts approved or ordered to be	39470
implemented under section 3734.521 or 3734.55 of the Revised Code	39471
or amendments to those plans approved or ordered to be implemented	39472
under section 3734.521 or 3734.56 of the Revised Code, and report	39473
its findings to the director.	39474

Sec. 3734.55. (A) Upon completion of its draft solid waste	39475
management plan under section 3734.54 of the Revised Code, the	39476
solid waste management policy committee of a county or joint solid	39477
waste management district shall send a copy of the draft plan to	39478
the director of environmental protection for preliminary review	39479
and comment. Within forty-five days after receiving the draft	39480
plan, the director shall provide the committee with a written,	39481
nonbinding advisory opinion regarding the draft plan and any	39482
recommended changes to it that the director considers necessary to	39483
effect its approval. After receipt of the director's written	39484
opinion, the committee may make such revisions to the draft plan	39485
based on the director's opinion as it considers appropriate. Upon	39486
receipt of the director's opinion and after making any such	39487
revisions to the draft plan, the committee shall prepare and	39488
publish in at least one newspaper of general circulation within	39489
the county or joint district a public notice that describes the	39490
draft plan, specifies the location where it is available for	39491
review, and establishes a period of thirty days for comments	39492
concerning the draft plan. The committee shall send written notice	39493
of the draft plan to adjacent county and joint districts and shall	39494
make it available for review by those districts, by the board of	39495
county commissioners of each county forming the district, by all	39496
municipal corporations and townships within the county or joint	39497
district, and by the public. The committee also shall send written	39498
notice of the plan to the director and to the fifty industrial,	39499
commercial, or institutional generators of solid wastes within the	39500
district that generate the largest quantities of solid wastes, as	39501
determined by the board, and their local trade associations. The	39502
board shall make good faith efforts to identify those generators	39503
within the district and their local trade associations, but the	39504
nonprovision of notice under this division to a particular	39505
industrial, commercial, or institutional generator or local trade	39506
association does not invalidate the proceedings under this	39507
section. All such written notices shall include the date, time,	39508
and location of the public hearing; the dates when the comment	39509
period begins and ends; and a description of the plan that	39510
includes, without limitation, the proposed amount of the fees to	39511
be levied under the plan pursuant to division (B) of section	39512
3734.57 or division (A) of section 3734.573 of the Revised Code,	39513
if any, and an indication as to whether the provision required to	39514
be included in the plan under division (E)(1) of section 3734.53	39515
of the Revised Code authorizes the board of county commissioners	39516
or directors of the district to establish, or precludes the board	39517
from establishing, facility designations under section 343.014 of	39518
the Revised Code. Within fifteen days after expiration of the	39519
comment period, the committee shall conduct a public hearing	39520
concerning the draft plan and, at least fifteen days before the	39521
hearing, shall publish in at least one newspaper of general	39522
circulation within the county or joint district a notice	39523
containing the time and place of the hearing and the location	39524
where the draft plan is available for review.	39525

(B) After the public hearing, the committee may modify the	39526
draft plan based upon the public's comments and shall adopt or	39527
reject it by a majority vote. Within thirty days after adoption of	39528
the draft plan, the committee shall deliver a copy of it to the	39529
board of county commissioners of each county forming the district	39530
and to the legislative authority of each municipal corporation and	39531
township under the jurisdiction of the district. Within ninety	39532
days after receiving a copy of the draft plan adopted by the	39533
committee, each such board and legislative authority shall approve	39534
or disapprove the draft plan, by ordinance or resolution, and	39535
deliver a copy of the ordinance or resolution to the committee.	39536

The solid waste management policy committee of a county	39537
district or a joint district formed by two or three counties shall	39538
declare the draft plan to be ratified as the solid waste	39539
management plan of the district upon determining that the board of	39540
county commissioners of each county forming the district has	39541
approved the draft plan and that the legislative authorities of a	39542
combination of municipal corporations and townships with a	39543
combined population within the county or joint district comprising	39544
at least sixty per cent of the total population of the district	39545
have approved the draft plan, provided that in the case of a	39546
county district, that combination shall include the municipal	39547
corporation having the largest population within the boundaries of	39548
the district, and provided further that in the case of a joint	39549
district formed by two or three counties, that combination shall	39550
include for each county forming the joint district the municipal	39551
corporation having the largest population within the boundaries of	39552
both the county in which the municipal corporation is located and	39553
the joint district. The solid waste management policy committee of	39554
a joint district formed by four or more counties shall declare the	39555
draft plan to be ratified as the solid waste management plan of	39556
the joint district upon determining that the boards of county	39557
commissioners of a majority of the counties forming the district	39558
have approved the draft plan; that, in each of a majority of the	39559
counties forming the joint district, the draft plan has been	39560
approved by the municipal corporation having the largest	39561
population within the county and the joint district; and that the	39562
legislative authorities of a combination of municipal corporations	39563
and townships with a combined population within the joint district	39564
comprising at least sixty per cent of the total population of the	39565
joint district have approved the draft plan.	39566

For the purposes of this division and division (C)(2) of this	39567
section, only the population of the unincorporated area of a	39568
township shall be considered. For the purpose of determining the	39569
largest municipal corporation within each county under this	39570
division and division (C)(2) of this section, a municipal	39571
corporation that is located in more than one solid waste	39572
management district, but that is under the jurisdiction of one	39573
county or joint solid waste management district in accordance with	39574
division (A) of section 3734.52 of the Revised Code shall be	39575
considered to be within the boundaries of the county in which a	39576
majority of the population of the municipal corporation resides.	39577

(C)(1) Upon ratification of the draft plan under division (B)	39578
of this section, the committee shall submit it to the director for	39579
review and approval for compliance with the requirements of	39580
divisions (A), (B), (D), and (E)(1) of section 3734.53 of the	39581
Revised Code. The director, by order, shall approve or disapprove	39582
the plan within ninety days after its submission. The director	39583
shall include with an order disapproving a plan a statement	39584
outlining the deficiencies in the plan and directing the committee	39585
to submit, within ninety days after issuance of the order, a	39586
revised plan that remedies those deficiencies, except that if the	39587
committee, by resolution, requests an extension of the time for	39588
submission of a revised plan, the director, for good cause shown,	39589
may grant one such extension for a period of not more than sixty	39590
additional days.	39591

(2) Within sixty days after issuance of the order	39592
disapproving its plan, the committee shall prepare a draft revised	39593
plan, adopt a draft revised plan by a majority vote, and deliver a	39594
copy of the draft revised plan to the board of county	39595
commissioners of each county forming the district and to the	39596
legislative authority of each municipal corporation and township	39597
under the jurisdiction of the district. Within twenty-one days	39598
after the delivery of the draft revised plan, each such board and	39599
legislative authority shall approve or disapprove the draft	39600
revised plan, by ordinance or resolution, and deliver a copy of	39601
the ordinance or resolution to the committee. In the case of a	39602
county district or a joint district formed by two or three	39603
counties, the committee shall declare the draft revised plan to be	39604
ratified as the solid waste management plan of the county or joint	39605
district upon determining that the board of county commissioners	39606
of each county forming the district has approved the draft revised	39607
plan and that the legislative authorities of a combination of	39608
municipal corporations and townships with a combined population	39609
within the district comprising at least sixty per cent of the	39610
total population of the district have approved the draft revised	39611
plan, provided that in the case of a county district, that	39612
combination shall include the municipal corporation having the	39613
largest population within the boundaries of the district, and	39614
provided further that in the case of a joint district formed by	39615
two or three counties, that combination shall include for each	39616
county forming the joint district the municipal corporation having	39617
the largest population within the boundaries of both the county in	39618
which the municipal corporation is located and the joint district.	39619
In the case of a joint district formed by four or more counties,	39620
the committee shall declare the draft revised plan to be ratified	39621
as the solid waste management plan of the joint district upon	39622
determining that the boards of county commissioners of a majority	39623
of the counties forming the district have approved the draft	39624
revised plan; that, in each of a majority of the counties forming	39625
the joint district, the draft revised plan has been approved by	39626
the municipal corporation having the largest population within the	39627
county and the joint district; and that the legislative	39628
authorities of a combination of municipal corporations and	39629
townships with a combined population within the joint district	39630
comprising at least sixty per cent of the total population of the	39631
joint district have approved the draft revised plan. Upon	39632
ratification of the draft revised plan, the committee shall submit	39633
it to the director for approval in accordance with division (C)(1)	39634
of this section. The director, by order, shall approve or	39635
disapprove the draft revised plan within thirty days after	39636
receiving it.	39637

(3) Notwithstanding section 119.06 of the Revised Code, the	39638
director may approve or disapprove a plan or revised plan	39639
submitted under division (C)(1) or (2) of this section by issuance	39640
of a final order that is effective upon issuance, without the	39641
necessity to hold any adjudication hearing in connection with the	39642
order and without issuance of a proposed action under section	39643
3745.07 of the Revised Code. In any appeal taken under section	39644
3745.04 of the Revised Code pertaining to the director's	39645
disapproval of the solid waste management plan or revised plan of	39646
a county or joint district, the solid waste management policy	39647
committee of the county or joint district and the director shall	39648
be the parties. Upon a showing by the policy committee that there	39649
is a substantial likelihood that it will prevail on the merits,	39650
the environmental review appeals commission, within thirty days	39651
after filing of the notice of appeal under that section and	39652
pending final determination of the appeal, may grant temporary	39653
relief from the director's order disapproving the district's plan,	39654
including the issuance of appropriate orders to the director to	39655
refrain from acting under division (D) of this section.	39656

(4) After approval of the plan or revised plan by the	39657
director, the board of county commissioners of a county district	39658
or board of directors of a joint district shall implement the plan	39659
in compliance with the implementation schedule contained in the	39660
approved plan.	39661

The committee annually shall review implementation of the	39662
plan approved under this section or section 3734.521 of the	39663
Revised Code and subsequent amended plans approved under section	39664
3734.521 or 3734.56 of the Revised Code and report its findings	39665
and recommendations regarding implementation of the plan to the	39666
board of county commissioners or board of directors of the	39667
district.	39668

(D) If the director finds that a county or joint solid waste	39669
management district has failed to obtain approval of its solid	39670
waste management plan within eighteen months after the applicable	39671
date prescribed for submission of its plan under division (A) of	39672
section 3734.54 of the Revised Code or within twenty-four months	39673
after that date if the date for submission was extended under that	39674
division, the director shall prepare a solid waste management plan	39675
for the county or joint district that complies with divisions (A)	39676
and (D) of section 3734.53 of the Revised Code. The plan shall not	39677
contain any of the provisions required or authorized to be	39678
included in plans submitted by districts under division (B), (C),	39679
or (E) of that section. Upon completion of the plan, the director	39680
shall issue an order in accordance with Chapter 3745. of the	39681
Revised Code directing the board of county commissioners or board	39682
of directors of the district to implement the plan in compliance	39683
with the implementation schedule contained in it.	39684

Within thirty days after the effective date of the order to	39685
implement the plan, the board of county commissioners or board of	39686
directors of the district shall determine whether the solid waste	39687
management policy committee of the district should continue to	39688
exist to monitor implementation of the plan or for the purposes of	39689
division (B) of section 3734.57 or section 3734.574 of the Revised	39690
Code. The board, by resolution, may abolish the committee if it	39691
determines that the committee is not necessary for any of those	39692
purposes. If the board of county commissioners or directors of a	39693
district that has so abolished the policy committee of the	39694
district finds that it is necessary or appropriate for the	39695
district to consider levying fees under section 3734.574 of the	39696
Revised Code, the board shall reestablish and convene the policy	39697
committee to initiate proceedings to levy the fees. If the fees	39698
are levied, the policy committee shall continue to exist for as	39699
long as the district is levying the fees. If, after a policy	39700
committee is convened to initiate proceedings to levy those fees,	39701
the fees are not levied or are abolished under section 3734.574 of	39702
the Revised Code, the board, by resolution, may abolish the	39703
committee if it determines that the committee is not necessary to	39704
monitor implementation of the plan.	39705

(E) If the director finds that the board of county	39706
commissioners or the board of directors of a district has	39707
materially failed to implement the district's plan or amended plan	39708
approved under division (C) of this section or section 3734.521 or	39709
3734.56 of the Revised Code, or prepared and ordered to be	39710
implemented under division (D) of this section or section 3734.521	39711
or 3734.56 of the Revised Code, in compliance with the	39712
implementation schedule contained in the plan or amended plan, the	39713
director shall issue an enforcement order under division (A) of	39714
section 3734.13 of the Revised Code directing the board to comply	39715
with the implementation schedule in the plan or amended plan	39716
within a specified, reasonable time. If the director finds that	39717
the board of county commissioners or directors of a district for	39718
which the provision included in the district's initial or amended	39719
plan approved under section 3734.521, 3734.55, or 3734.56 of the	39720
Revised Code pursuant to division (E)(1) or (2)(b) or (c) of	39721
section 3734.53 of the Revised Code, or an amendment to the	39722
district's approved initial or amended plan adopted and ratified	39723
under division (F) of section 3734.56 of the Revised Code,	39724
precludes the board from establishing facility designations under	39725
section 343.014 of the Revised Code has initiated proceedings to	39726
establish facility designations in violation of that section and	39727
the district's initial or amended plan, the director shall issue	39728
an enforcement order under division (A) of section 3734.13 of the	39729
Revised Code directing the board, at the board's discretion, to	39730
either abandon the proceedings or suspend them until after the	39731
board has adopted and obtained ratification of an amendment to the	39732
district's initial or amended plan under division (F) of section	39733
3734.56 of the Revised Code that authorizes the board to establish	39734
facility designations under section 343.014 of the Revised Code.	39735
If the director finds that a board of county commissioners or	39736
directors of a district for which the provision included in the	39737
district's initial or amended plan approved under section	39738
3734.521, 3734.55, or 3734.56 of the Revised Code pursuant to	39739
division (E)(1) or (2)(b) or (c) of section 3734.53 of the Revised	39740
Code, or an amendment to the district's approved initial or	39741
amended plan adopted and ratified under division (F) of section	39742
3734.56 of the Revised Code, authorizes the board to establish	39743
facility designations under section 343.014 of the Revised Code	39744
has established facility designations under section 343.014 of the	39745
Revised Code or continued facility designations under section	39746
343.015 of the Revised Code and subsequently has initiated	39747
proceedings to terminate any such facility designations in	39748
violation of section 343.014 of the Revised Code and the	39749
district's initial or amended plan, the director shall issue an	39750
enforcement order under division (A) of section 3734.13 of the	39751
Revised Code directing the board, at the board's discretion, to	39752
either abandon the proceedings or adopt and obtain ratification of	39753
an amendment to the district's initial or amended plan under	39754
division (F) of section 3734.56 of the Revised Code that precludes	39755
the board from establishing facility designations under section	39756
343.014 of the Revised Code.	39757

(F) The director shall maintain a record of the county and	39758
joint solid waste management district solid waste management plans	39759
and amended plans that the director has approved or ordered to be	39760
implemented under this section, section 3734.521, and section	39761
3734.56 of the Revised Code. ~~Upon determining that each county~~	39762
~~within the state is subject to such a plan or amended plan, the~~	39763
~~director shall notify the chief of recycling and litter prevention~~	39764
~~in the department of natural resources of that fact.~~	39765

(G)(1) As used in divisions (C)(4), (D)(1) and (2), and (E)	39766
of this section and section 3734.521 of the Revised Code, any	39767
reference to a board of county commissioners of a county or a	39768
board of directors of a joint solid waste management district is	39769
deemed to include the board of trustees of a regional solid waste	39770
management authority formed under section 343.011 of the Revised	39771
Code.	39772

(2) As used in this section and sections 3734.521 and 3734.57	39773
of the Revised Code, "deliver" includes mailing as well as	39774
delivery by a means other than mailing.	39775

Sec. 3734.79. (A) Except as provided in division (B) of this	39776
section, each application for a permit submitted under sections	39777
3734.76 to 3734.78 of the Revised Code shall be accompanied by a	39778
nonrefundable application fee of four hundred dollars that shall	39779
be credited to the scrap tire management fund created in section	39780
3734.82 of the Revised Code. If a permit is issued, the amount of	39781
the application fee paid shall be deducted from the amount of the	39782
applicable permit fee due under division ~~(G)~~(R) of section 3745.11	39783
of the Revised Code.	39784

(B) Division (A) of this section does not apply to an	39785
application for a permit for a scrap tire storage facility	39786
submitted under section 3734.76 of the Revised Code if the owner	39787
or operator of the facility or proposed facility is a motor	39788
vehicle salvage dealer licensed under Chapter 4738. of the Revised	39789
Code.	39790

Sec. 3734.82. (A) The annual fee for a scrap tire recovery	39791
facility license issued under section 3734.81 of the Revised Code	39792
shall be in accordance with the following schedule:	39793

Daily Design	Annual	39794
Input Capacity	License	39795
(Tons)	Fee	39796

1 or less	$ 100	39797
2 to 25	500	39798
26 to 50	1,000	39799
51 to 100	1,500	39800
101 to 200	2,500	39801
201 to 500	3,500	39802
501 or more	5,500	39803

For the purpose of determining the applicable license fee	39804
under this division, the daily design input capacity shall be the	39805
quantity of scrap tires the facility is designed to process daily	39806
as set forth in the registration certificate or permit for the	39807
facility, and any modifications to the permit, if applicable,	39808
issued under section 3734.78 of the Revised Code.	39809

(B) The annual fee for a scrap tire monocell or monofill	39810
facility license shall be in accordance with the following	39811
schedule:	39812

Authorized Maximum	Annual	39813
Daily Waste Receipt	License	39814
(Tons)	Fee	39815
100 or less	$ 5,000	39816
101 to 200	12,500	39817
201 to 500	30,000	39818
501 or more	60,000	39819

For the purpose of determining the applicable license fee	39820
under this division, the authorized maximum daily waste receipt	39821
shall be the maximum amount of scrap tires the facility is	39822
authorized to receive daily that is established in the permit for	39823
the facility, and any modification to that permit, issued under	39824
section 3734.77 of the Revised Code.	39825

(C)(1) Except as otherwise provided in division (C)(2) of	39826
this section, the annual fee for a scrap tire storage facility	39827
license shall equal one thousand dollars times the number of acres	39828
on which scrap tires are to be stored at the facility during the	39829
license year, as set forth on the application for the annual	39830
license, except that the total annual license fee for any such	39831
facility shall not exceed three thousand dollars.	39832

(2) The annual fee for a scrap tire storage facility license	39833
for a storage facility that is owned or operated by a motor	39834
vehicle salvage dealer licensed under Chapter 4738. of the Revised	39835
Code is one hundred dollars.	39836

(D)(1) Except as otherwise provided in division (D)(2) of	39837
this section, the annual fee for a scrap tire collection facility	39838
license is two hundred dollars.	39839

(2) The annual fee for a scrap tire collection facility	39840
license for a collection facility that is owned or operated by a	39841
motor vehicle salvage dealer licensed under Chapter 4738. of the	39842
Revised Code is fifty dollars.	39843

(E) Except as otherwise provided in divisions (C)(2) and	39844
(D)(2) of this section, the same fees apply to private operators	39845
and to the state and its political subdivisions and shall be paid	39846
within thirty days after the issuance of a license. The fees	39847
include the cost of licensing, all inspections, and other costs	39848
associated with the administration of the scrap tire provisions of	39849
this chapter and rules adopted under them. Each license shall	39850
specify that it is conditioned upon payment of the applicable fee	39851
to the board of health or the director of environmental	39852
protection, as appropriate, within thirty days after the issuance	39853
of the license.	39854

(F) The board of health shall retain fifteen thousand dollars	39855
of each license fee collected by the board under division (B) of	39856
this section, or the entire amount of any such fee that is less	39857
than fifteen thousand dollars, and the entire amount of each	39858
license fee collected by the board under divisions (A), (C), and	39859
(D) of this section. The moneys retained shall be paid into a	39860
special fund, which is hereby created in each health district, and	39861
used solely to administer and enforce the scrap tire provisions of	39862
this chapter and rules adopted under them. The remainder, if any,	39863
of each license fee collected by the board under division (B) of	39864
this section shall be transmitted to the director within	39865
forty-five days after receipt of the fee.	39866

(G) The director shall transmit the moneys received by the	39867
director from license fees collected under division (B) of this	39868
section to the treasurer of state to be credited to the scrap tire	39869
management fund, which is hereby created in the state treasury.	39870
The fund shall consist of all federal moneys received by the	39871
environmental protection agency for the scrap tire management	39872
program; all grants, gifts, and contributions made to the director	39873
for that program; and all other moneys that may be provided by law	39874
for that program. The director shall use moneys in the fund as	39875
follows:	39876

(1) Expend amounts determined necessary by the director to	39877
implement, administer, and enforce the scrap tire provisions of	39878
this chapter and rules adopted under them;	39879

(2) During each fiscal year, request the director of budget	39880
and management to, and the director of budget and management	39881
shall, transfer one million dollars to the scrap tire grant fund	39882
created in section ~~1502.12~~3734.822 of the Revised Code for	39883
supporting market development activities for scrap tires and	39884
synthetic rubber from tire manufacturing processes and tire	39885
recycling processes. In addition, during a fiscal year, the	39886
director of environmental protection may request the director of	39887
budget and management to, and the director of budget and	39888
management shall, transfer up to an additional five hundred	39889
thousand dollars to the scrap tire grant fund for scrap tire	39890
amnesty events and scrap tire cleanup events.	39891

(3) After the expenditures and transfers are made under	39892
divisions (G)(1) and (2) of this section, expend the balance of	39893
the money in the scrap tire management fund remaining in each	39894
fiscal year to conduct removal actions under section 3734.85 of	39895
the Revised Code and to provide grants to boards of health under	39896
section 3734.042 of the Revised Code.	39897

~~Sec. 1502.12.~~ Sec. 3734.822. (A) There is hereby created in the	39898
state treasury the scrap tire grant fund, consisting of moneys	39899
transferred to the fund under section 3734.82 of the Revised Code.	39900
The ~~chief of the division of recycling and litter prevention, with~~	39901
~~the approval of the~~ director of ~~natural resources,~~environmental	39902
protection may make grants from the fund for the following	39903
purposes:	39904

(1) Supporting market development activities for scrap tires	39905
and synthetic rubber from tire manufacturing processes and tire	39906
recycling processes;	39907

(2) Supporting scrap tire amnesty and cleanup events	39908
sponsored by solid waste management districts.	39909

Grants awarded under division (A)(1) of this section may be	39910
awarded to individuals, businesses, and entities certified under	39911
division (A) of section ~~1502.04~~3736.04 of the Revised Code.	39912

(B) Projects and activities that are eligible for grants	39913
under division (A)(1) of this section shall be evaluated for	39914
funding using, at a minimum, the following criteria:	39915

(1) The degree to which a proposed project contributes to the	39916
increased use of scrap tires generated in this state;	39917

(2) The degree of local financial support for a proposed	39918
project;	39919

(3) The technical merit and quality of a proposed project.

39920

Sec. 3735.37. A metropolitan housing authority shall keep an	39921
accurate account of all its activities and of all receipts and	39922
expenditures and make an annual report ~~thereof to the director of~~	39923
~~development~~of these publicly available. All moneys received in	39924
excess of operating expenditures shall be devoted to the payment	39925
of interest and sinking fund charges for the retirement of	39926
indebtedness, whether secured by mortgage or otherwise, and from	39927
the excess there shall be set aside such fund as the authority	39928
deems proper for the purpose of covering repairs, depreciation,	39929
and reserves. Whatever balance then remains shall be applied to	39930
the reduction of rentals thereafter falling due.	39931

~~Sec. 1502.01.~~ Sec. 3736.01. As used in this chapter:

39932

(A) "Litter" means garbage, trash, waste, rubbish, ashes,	39933
cans, bottles, wire, paper, cartons, boxes, automobile parts,	39934
furniture, glass, or anything else of an unsightly or unsanitary	39935
nature thrown, dropped, discarded, placed, or deposited by a	39936
person on public property, on private property not owned by the	39937
person, or in or on waters of the state unless one of the	39938
following applies:	39939

(1) The person has been directed to do so by a public	39940
official as part of a litter collection drive.	39941

(2) The person has thrown, dropped, discarded, placed, or	39942
deposited the material in a receptacle in a manner that prevented	39943
its being carried away by the elements.	39944

(3) The person has been issued a permit or license covering	39945
the material pursuant to Chapter 3734. or 6111. of the Revised	39946
Code.	39947

(B) "Recycling" means the process of collecting, sorting,	39948
cleansing, treating, and reconstituting waste or other discarded	39949
materials for the purpose of recovering and reusing the materials.	39950

(C) "Agency of the state" includes, but is not limited to, an	39951
"agency" subject to Chapter 119. of the Revised Code and a "state	39952
university or college" as defined in section 3345.12 of the	39953
Revised Code.	39954

(D) "Source reduction" means activities that decrease the	39955
initial production of waste materials at their point of origin.	39956

(E) "Enterprise" means a business with its principal place of	39957
business in this state and that proposes to engage in research and	39958
development or recycling in this state.	39959

(F) "Research and development" means inquiry,	39960
experimentation, or demonstration to advance basic scientific or	39961
technical knowledge or the application, adaptation, or use of	39962
existing or newly discovered scientific or technical knowledge	39963
regarding recycling, source reduction, or litter prevention.	39964

(G) "Recyclables" means waste materials that are collected,	39965
separated, or processed and used as raw materials or products.	39966

(H) "Recycling market development" means activities that	39967
stimulate the demand for recycled products, provide for a	39968
consistent supply of recyclables to meet the needs of recycling	39969
industries, or both.	39970

(I) "Solid waste management districts" means solid waste	39971
management districts established under Chapter 343. of the Revised	39972
Code.	39973

(J) "Synthetic rubber" means produced or extended rubber and	39974
products made from a synthetic rubber base material originating	39975
from petrochemical feedstocks, including scrap tires, tire molds,	39976
automobile engine belts, brake pads and hoses, weather stripping,	39977
fittings, electrical insulation, and other molded objects and	39978
parts.	39979

~~Sec. 1502.03.~~ Sec. 3736.02. (A) The ~~chief~~director of ~~the division~~	39980
~~of recycling and litter prevention~~environmental protection shall	39981
establish and implement statewide source reduction, recycling,	39982
recycling market development, and litter prevention programs that	39983
are consistent with the state solid waste management plan adopted	39984
under section 3734.50 of the Revised Code. The programs shall	39985
include all of the following:	39986

(1) The assessment of waste generation within the state and	39987
implementation of source reduction practices;	39988

(2) The implementation of recycling and recycling market	39989
development activities and projects, including all of the	39990
following:	39991

(a) Collection of recyclables;

39992

(b) Separation of recyclables;

39993

39994

(d) Facilitation and encouragement of the use of recyclables	39995
and products made with recyclables;	39996

(e) Education and training concerning recycling and products	39997
manufactured with recyclables;	39998

(f) Public awareness campaigns to promote recycling;

39999

(g) Other activities and projects that promote recycling and	40000
recycling market development.	40001

(3) Litter prevention assistance to enforce antilitter laws,	40002
educate the public, and stimulate collection and containment of	40003
litter;	40004

(4) Research and development regarding source reduction,	40005
recycling, and litter prevention, including, without limitation,	40006
research and development regarding materials or products	40007
manufactured with recyclables.	40008

(B) The ~~chief, with the approval of the~~ director ~~of natural~~	40009
~~resources,~~ may enter into contracts or other agreements and may	40010
execute any instruments necessary or incidental to the discharge	40011
of the ~~chief's~~director's responsibilities under this chapter.	40012

~~Sec. 1502.02.~~ Sec. 3736.03. (A) ~~There is hereby created in the~~	40013
~~department of natural resources the division of recycling and~~	40014
~~litter prevention to be headed by the chief of recycling and~~	40015
~~litter prevention.~~	40016

~~(B)~~ There is hereby created in the state treasury the	40017
recycling and litter prevention fund, consisting of moneys	40018
distributed to it from fees, including the fee levied under	40019
division (A)(2) of section 3714.073 of the Revised Code, gifts,	40020
donations, grants, reimbursements, and other sources, including	40021
investment earnings.	40022

~~(C)~~(B) The ~~chief~~director of ~~recycling and litter prevention~~	40023
environmental protection shall do all of the following:	40024

(1) Use moneys credited to the fund exclusively for the	40025
purposes set forth in sections ~~1502.03~~3736.02, ~~1502.04~~3736.04,	40026
3736.05, and ~~1502.05~~3745.014 of the Revised Code, with particular	40027
emphasis on programs relating to recycling;	40028

(2) ~~Expend for administration of the division not more than~~	40029
~~ten per cent of any fiscal year's appropriation to the division,~~	40030
~~excluding the amount assessed to the division for direct and~~	40031
~~indirect central support charges;~~	40032

~~(3)~~ Require recipients of grants under section ~~1502.05~~	40033
3736.05 of the Revised Code, as a condition of receiving and	40034
retaining them, to do all of the following:	40035

(a) Create a separate account for the grants and any cash	40036
donations received that qualify for the donor credit allowed by	40037
section 5733.064 of the Revised Code;	40038

(b) Make expenditures from the account exclusively for the	40039
purposes for which the grants were received;	40040

(c) Use any auditing and accounting practices the ~~chief~~	40041
director considers necessary regarding the account;	40042

(d) Report to the ~~chief~~director information regarding the	40043
amount and donor of cash donations received as described by	40044
section 5733.064 of the Revised Code;	40045

(e) Use grants received to supplement and not to replace any	40046
existing funding for such purposes.	40047

~~(4)~~(3) Report to the tax commissioner information the ~~chief~~	40048
director receives pursuant to division ~~(C)(3)~~(B)(2)(d) of this	40049
section.	40050

~~Sec. 1502.04.~~ Sec. 3736.04. There is hereby created within the	40051
~~division of recycling and litter prevention~~environmental	40052
protection agency the recycling and litter prevention advisory	40053
council consisting of thirteen members. The speaker of the house	40054
of representatives shall appoint one member of the house of	40055
representatives to the council, and the president of the senate	40056
shall appoint one member of the senate to the council. If the	40057
president of the senate belongs to the same political party as the	40058
speaker of the house of representatives, the president shall	40059
appoint a member of the senate who belongs to a different	40060
political party as recommended by the minority leader of the	40061
senate. ~~The speaker of the house of representatives and the~~	40062
~~president of the senate shall make their initial appointments to~~	40063
~~the council within sixty days after July 20, 1994.~~ Each member	40064
appointed by the speaker of the house of representatives or the	40065
president of the senate shall serve for a term of office of three	40066
years. The appropriate appointing authority may fill any vacancy	40067
occurring during the term of any member whom the appointing	40068
authority has appointed to the advisory council.	40069

The remaining eleven members shall be appointed by the	40070
governor with the advice and consent of the senate and shall be	40071
persons with knowledge of or experience in recycling or litter	40072
prevention programs. The council shall have broad-based	40073
representation of interests including agriculture, labor, the	40074
environment, manufacturing, wholesale and retail industry, and the	40075
public. One of the business members shall be from the commercial	40076
recycling industry, and another shall be from an industry required	40077
to pay taxes under section 5733.065 of the Revised Code. The	40078
director of ~~natural resources~~environmental protection shall not	40079
be a member of the council. ~~The governor shall make initial~~	40080
~~appointments to the council within thirty days after October 20,~~	40081
~~1987. Of the governor's initial appointments to the council, five~~	40082
~~shall be for a term of one year, and six shall be for a term of~~	40083
~~two years. Thereafter, terms~~Terms of office shall be for three	40084
years. Each member appointed by the governor shall hold office	40085
from the date of the member's appointment until the end of the	40086
term for which the member was appointed. In the event of death,	40087
removal, resignation, or incapacity of a member of the council	40088
appointed by the governor, the governor, with the advice and	40089
consent of the senate, shall appoint a successor who shall hold	40090
office for the remainder of the term for which the successor's	40091
predecessor was appointed. A member shall continue in office	40092
subsequent to the expiration date of the member's term until the	40093
member's successor takes office, or until a period of sixty days	40094
has elapsed, whichever occurs first. The governor at any time may	40095
remove any of the governor's appointees from the council for	40096
misfeasance, nonfeasance, or malfeasance in office.	40097

Members of the council may be reappointed.

40098

The council shall hold at least four regular quarterly	40099
meetings each year. Special meetings may be held at the behest of	40100
the chairperson or a majority of the members. The council annually	40101
shall select from among its members a chairperson, a	40102
vice-chairperson, and a secretary to keep a record of its	40103
proceedings.	40104

A majority vote of the members of the council is necessary to	40105
take action inon any matter.	40106

A member of the council shall serve without compensation for	40107
attending council meetings, but shall be reimbursed for all	40108
traveling, hotel, and other ordinary and necessary expenses	40109
incurred in the performance of the member's work as a member of	40110
the council.	40111

Membership on the council does not constitute holding a	40112
public office or position of employment under the laws of this	40113
state and does not constitute grounds for removal of public	40114
officers or employees from their offices or positions of	40115
employment.	40116

The council shall do all of the following:

40117

(A) ~~In conjunction with the chief of recycling and litter~~	40118
~~prevention and with~~With the approval of the director of ~~natural~~	40119
~~resources~~environmental protection, establish criteria by which to	40120
certify, and certify, agencies of the state, municipal	40121
corporations with a population of more than fifty thousand,	40122
counties, and solid waste management districts as eligible to	40123
receive grants under section ~~1502.05~~3736.05 of the Revised Code;	40124

(B) ~~In conjunction with the chief and with~~With the approval	40125
of the director, establish criteria by which to certify, and	40126
certify, political subdivisions for receipt of special grants for	40127
activities or projects that are intended to accomplish the	40128
purposes of any of the programs established under section ~~1502.03~~	40129
3736.02 of the Revised Code;	40130

(C) Advise the ~~chief~~director in carrying out the ~~chief's~~	40131
director's duties under this chapter.	40132

~~Sec. 1502.05.~~ Sec. 3736.05. (A) The ~~chief~~director of ~~recycling~~	40133
~~and litter prevention~~environmental protection, pursuant to	40134
division (A) of section ~~1502.04~~3736.04 of the Revised Code ~~and~~	40135
~~with the approval of the director of natural resources~~, may make	40136
grants from the recycling and litter prevention fund created in	40137
section ~~1502.02~~3736.03 of the Revised Code to accomplish the	40138
purposes of the programs established under section ~~1502.03~~3736.02	40139
of the Revised Code.	40140

(B) Except as provided in division (C) of this section, ~~the~~	40141
~~chief, with the approval of~~ the director, may require any eligible	40142
applicant certified by the recycling and litter prevention	40143
advisory council under division (A) of section ~~1502.04~~3736.04 of	40144
the Revised Code that applies for a grant for an activity or	40145
project that is intended to further the purposes of any program	40146
established under division (A)(1), (2), or (4) of section ~~1502.03~~	40147
3736.02 of the Revised Code to provide a matching contribution of	40148
not more than fifty per cent of the grant.	40149

(C) Notwithstanding division (B) of this section, any grant	40150
awarded under division (A) of this section to foster cooperative	40151
research and development regarding recycling or the cooperative	40152
establishment or expansion of private recycling facilities or	40153
programs shall be made in conjunction with a contribution to the	40154
project by a cooperating enterprise that maintains or proposes to	40155
maintain a relevant research and development or recycling facility	40156
or program in this state or by an agency of the state, provided	40157
that funding provided by a state agency shall not be provided from	40158
general revenue funds appropriated by the general assembly. No	40159
grant made under division (A) of this section for the purposes	40160
described in this division shall exceed the contribution made by	40161
the cooperating enterprise or state agency. The ~~chief~~director may	40162
consider cooperating contributions in the form of state of the art	40163
new equipment or in other forms if the ~~chief~~director determines	40164
that the contribution is essential to the successful	40165
implementation of the project.	40166

Grants made under division (A) of this section for the	40167
purposes described in this division shall be made in such form and	40168
conditioned on such terms as the ~~chief~~director considers to be	40169
appropriate.	40170

(D)(1) The ~~chief, with the approval of the~~ director, may	40171
require any eligible applicant certified by the recycling and	40172
litter prevention advisory council under division (A) of section	40173
~~1502.04~~3736.04 of the Revised Code that applies for a grant that	40174
is intended to further the purposes of the program established	40175
under division (A)(3) of section ~~1502.03~~3736.02 of the Revised	40176
Code, except any eligible applicant that is or is located in a	40177
county that has a per capita income equal to or below ninety per	40178
cent of the median county per capita income of the state as	40179
determined by the ~~chief~~director using the most recently available	40180
figures from the United States census bureau, to provide a	40181
matching contribution as follows:	40182

(a) Up to ten per cent of the grant from any eligible	40183
applicant that is or is located in a county that has a per capita	40184
income above ninety per cent of the median county per capita	40185
income of the state, but equal to or below one hundred per cent of	40186
the median county per capita income of the state;	40187

(b) Up to twenty per cent of the grant from any eligible	40188
applicant that is or is located in a county that has a per capita	40189
income above the median county per capita income of the state.	40190

(2) If the eligible applicant is a joint solid waste	40191
management district or is filing a joint application on behalf of	40192
two or more counties, the matching contribution required under	40193
division (D)(1) of this section shall be the average of the	40194
matching contributions of all of the counties covered by the	40195
application as determined in accordance with that division. The	40196
matching contribution of a county that has a per capita income	40197
equal to or below ninety per cent of the median county per capita	40198
income of the state shall be included as zero in calculating the	40199
average matching contribution.	40200

(E) ~~After receiving notice from the~~The director of	40201
~~environmental protection that each county within the state is~~	40202
~~subject to the solid waste management plan of a solid waste~~	40203
~~management district, the chief~~ shall ensure that not less than	40204
fifty per cent of the moneys distributed as grants under this	40205
section shall be expended for the purposes of recycling and	40206
recycling market development.	40207

(F) No information that is submitted to, acquired by, or	40208
exchanged with employees of the environmental protection agency	40209
who administer or provide services under this section and that is	40210
submitted, acquired, or exchanged in order to obtain a grant	40211
pursuant to division (A) of this section shall be used in any	40212
manner for the purpose of the enforcement of any requirement	40213
established in an environmental law or used as evidence in any	40214
judicial or administrative enforcement proceeding unless that	40215
information reveals a clear and immediate danger to the	40216
environment or to the health, safety, or welfare of the public.	40217

(G) Nothing in this section confers immunity on persons from	40218
enforcement that is based on information that is obtained by the	40219
director or the director's authorized representatives who are not	40220
employees of the agency who administer or provide services under	40221
this section.	40222

(H) As used in this section, "environmental law" means a law	40223
that is administered by the environmental protection agency.	40224

~~Sec. 1502.06.~~ Sec. 3736.06. (A) Agencies of the state certified	40225
pursuant to section ~~1502.04~~3736.04 of the Revised Code as	40226
eligible to receive a grant shall designate an employee as the	40227
liaison with the ~~chief~~director of ~~recycling and litter prevention~~	40228
environmental protection to cooperate with ~~him~~the director in	40229
carrying out ~~his~~the director's duties under this chapter.	40230

(B) The executive and legislative authorities of municipal	40231
corporations, counties, and townships and the boards of park	40232
commissioners of township park districts created under section	40233
511.18 of the Revised Code, boards of park commissioners of park	40234
districts created under section 1545.04 of the Revised Code, and	40235
boards of education of city, exempted village, local, and joint	40236
vocational school districts may participate in the programs	40237
established under section ~~1502.03~~3736.02 of the Revised Code.	40238

~~Sec. 1502.07.~~ Sec. 3736.07. No person, agency of the state,	40239
municipal corporation, county, or township shall sell or offer for	40240
sale any beer or mixed beverages as defined in section 4301.01 of	40241
the Revised Code, or any soft drink as defined in section 913.22	40242
of the Revised Code, in a metal container that is so designed that	40243
it may be opened by removing from the container a part of the	40244
container without using a separate opener. However, nothing in	40245
this section prohibits the sale or offering for sale of a	40246
container the only detachable part of which is a piece of tape or	40247
other similar adhesive material.	40248

~~Sec. 1502.99.~~ Sec. 3736.99. Whoever violates section ~~1502.07~~	40249
3736.07 of the Revised Code is guilty of a minor misdemeanor. Each	40250
day of violation constitutes a separate offense.	40251

Sec. 3737.83. The fire marshal shall, as part of the state	40252
fire code, adopt rules to:	40253

(A) Establish minimum standards of performance for fire	40254
protection equipment and fire fighting equipment;	40255

(B) Establish minimum standards of training, fix minimum	40256
qualifications, and require certificates for all persons who	40257
engage in the business for profit of installing, testing,	40258
repairing, or maintaining fire protection equipment;	40259

(C) Provide for the issuance of certificates required under	40260
division (B) of this section and establish the fees to be charged	40261
for such certificates. A certificate shall be granted, renewed, or	40262
revoked according to rules the fire marshal shall adopt.	40263

(D) Establish minimum standards of flammability for consumer	40264
goods in any case where the federal government or any department	40265
or agency thereof has established, or may from time to time	40266
establish standards of flammability for consumer goods. The	40267
standards established by the fire marshal shall be identical to	40268
the minimum federal standards.	40269

In any case where the federal government or any department or	40270
agency thereof, establishes standards of flammability for consumer	40271
goods subsequent to the adoption of a flammability standard by the	40272
fire marshal, standards previously adopted by the fire marshal	40273
shall not continue in effect to the extent such standards are not	40274
identical to the minimum federal standards.	40275

With respect to the adoption of minimum standards of	40276
flammability, this division shall supersede any authority granted	40277
a political subdivision by any other section of the Revised Code.	40278

(E) Establish minimum standards pursuant to section 5104.05	40279
of the Revised Code for fire prevention and fire safety in child	40280
day-care centers and in type A family day-care homes, as defined	40281
in section 5104.01 of the Revised Code.	40282

~~(F) Establish minimum standards for fire prevention and~~	40283
~~safety an adult group home seeking licensure as an adult care~~	40284
~~facility must meet under section 5119.71 of the Revised Code. The~~	40285
~~fire marshal shall adopt the rules under this division in~~	40286
~~consultation with the directors of mental health and aging and~~	40287
~~interested parties designated by the directors of mental health~~	40288
~~and aging.~~	40289

Sec. 3737.841. As used in this section and section 3737.842	40290
of the Revised Code:	40291

(A) "Public occupancy" means all of the following:

40292

(1) Any state correctional institution as defined in section	40293
2967.01 of the Revised Code and any county, multicounty,	40294
municipal, or municipal-county jail or workhouse;	40295

(2) Any hospital as defined in section 3727.01 of the Revised	40296
Code, any hospital licensed by the department of mental health	40297
under section 5119.20 of the Revised Code, and any institution,	40298
hospital, or other place established, controlled, or supervised by	40299
the department of mental health under Chapter 5119. of the Revised	40300
Code;	40301

(3) Any nursing home, residential care facility, or home for	40302
the aging as defined in section 3721.01 of the Revised Code and	40303
any ~~adult care~~residential facility ~~as defined in~~licensed under	40304
section ~~5119.70~~5119.22 of the Revised Code that provides	40305
accommodations, supervision, and personal care services for three	40306
to sixteen unrelated adults;	40307

(4) Any child day-care center and any type A family day-care	40308
home as defined in section 5104.01 of the Revised Code;	40309

(5) Any public auditorium or stadium;

40310

(6) Public assembly areas of hotels and motels containing	40311
more than ten articles of seating furniture.	40312

(B) "Sell" includes sell, offer or expose for sale, barter,	40313
trade, deliver, give away, rent, consign, lease, possess for sale,	40314
or dispose of in any other commercial manner.	40315

(C) Except as provided in division (D) of this section,	40316
"seating furniture" means any article of furniture, including	40317
children's furniture, that can be used as a support for an	40318
individual, or an individual's limbs or feet, when sitting or	40319
resting in an upright or reclining position and that either:	40320

(1) Is made with loose or attached cushions or pillows;

40321

(2) Is stuffed or filled in whole or in part with any filling	40322
material;	40323

(3) Is or can be stuffed or filled in whole or in part with	40324
any substance or material, concealed by fabric or any other	40325
covering.	40326

"Seating furniture" includes the cushions or pillows	40327
belonging to or forming a part of the furniture, the structural	40328
unit, and the filling material and its container or covering.	40329

(D) "Seating furniture" does not include, except if intended	40330
for use by children or in facilities designed for the care or	40331
treatment of humans, any of the following:	40332

(1) Cushions or pads intended solely for outdoor use;

40333

(2) Any article with a smooth surface that contains no more	40334
than one-half inch of filling material, if that article does not	40335
have an upholstered horizontal surface meeting an upholstered	40336
vertical surface;	40337

(3) Any article manufactured solely for recreational use or	40338
physical fitness purposes, including weight-lifting benches,	40339
gymnasium mats or pads, and sidehorses.	40340

(E) "Filling material" means cotton, wool, kapok, feathers,	40341
down, hair, liquid, or any other natural or artificial material or	40342
substance that is used or can be used as stuffing in seating	40343
furniture.	40344

Sec. 3742.01. As used in this chapter:

40345

(A) "Board of health" means the board of health of a city or	40346
general health district or the authority having the duties of a	40347
board of health under section 3709.05 of the Revised Code.	40348

(B) "Child care facility" means each area of any of the	40349
following in which child care, as defined in section 5104.01 of	40350
the Revised Code, is provided to children under six years of age:	40351

(1) A child day-care center, type A family day-care home, or	40352
type B family day-care home as defined in section 5104.01 of the	40353
Revised Code;	40354

(2) A type C family day-care home authorized to provide child	40355
care by Sub. H.B. 62 of the 121st general assembly, as amended by	40356
Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407	40357
of the 123rd general assembly;	40358

(3) A preschool program or school child program as defined in	40359
section 3301.52 of the Revised Code.	40360

(C) "Clearance examination" means an examination to determine	40361
whether the lead hazards in a residential unit, child care	40362
facility, or school have been sufficiently controlled. A clearance	40363
examination includes a visual assessment, collection, and analysis	40364
of environmental samples.	40365

(D) "Clearance technician" means a person, other than a	40366
licensed lead inspector or licensed lead risk assessor, who	40367
performs a clearance examination.	40368

(E) "Clinical laboratory" means a facility for the	40369
biological, microbiological, serological, chemical,	40370
immunohematological, hematological, biophysical, cytological,	40371
pathological, or other examination of substances derived from the	40372
human body for the purpose of providing information for the	40373
diagnosis, prevention, or treatment of any disease, or in the	40374
assessment or impairment of the health of human beings. "Clinical	40375
laboratory" does not include a facility that only collects or	40376
prepares specimens, or serves as a mailing service, and does not	40377
perform testing.	40378

(F) "Encapsulation" means the coating and sealing of surfaces	40379
with durable surface coating specifically formulated to be	40380
elastic, able to withstand sharp and blunt impacts, long-lasting,	40381
and resilient, while also resistant to cracking, peeling, algae,	40382
fungus, and ultraviolet light, so as to prevent any part of	40383
lead-containing paint from becoming part of house dust or	40384
otherwise accessible to children.	40385

(G) "Enclosure" means the resurfacing or covering of surfaces	40386
with durable materials such as wallboard or paneling, and the	40387
sealing or caulking of edges and joints, so as to prevent or	40388
control chalking, flaking, peeling, scaling, or loose	40389
lead-containing substances from becoming part of house dust or	40390
otherwise accessible to children.	40391

(H) "Environmental lead analytical laboratory" means a	40392
facility that analyzes air, dust, soil, water, paint, film, or	40393
other substances, other than substances derived from the human	40394
body, for the presence and concentration of lead.	40395

(I) "HEPA" means the designation given to a product, device,	40396
or system that has been equipped with a high-efficiency	40397
particulate air filter, which is a filter capable of removing	40398
particles of 0.3 microns or larger from air at 99.97 per cent or	40399
greater efficiency.	40400

(J) "Interim controls" means a set of measures designed to	40401
reduce temporarily human exposure or likely human exposure to lead	40402
hazards. Interim controls include specialized cleaning, repairs,	40403
painting, temporary containment, ongoing lead hazard maintenance	40404
activities, and the establishment and operation of management and	40405
resident education programs.	40406

(K)(1) "Lead abatement" means a measure or set of measures	40407
designed for the single purpose of permanently eliminating lead	40408
hazards. "Lead abatement" includes all of the following:	40409

(a) Removal of lead-based paint and lead-contaminated dust;

40410

(b) Permanent enclosure or encapsulation of lead-based paint;

40411

(c) Replacement of surfaces or fixtures painted with	40412
lead-based paint;	40413

(d) Removal or permanent covering of lead-contaminated soil;

40414

(e) Preparation, cleanup, and disposal activities associated	40415
with lead abatement.	40416

(2) "Lead abatement" does not include any of the following:

40417

(a) Preventive treatments performed pursuant to section	40418
3742.41 of the Revised Code;	40419

(b) Implementation of interim controls;

40420

(c) Activities performed by a property owner on a residential	40421
unit to which both of the following apply:	40422

(i) It is a freestanding single-family home used as the	40423
property owner's private residence.	40424

(ii) No child under six years of age who has lead poisoning	40425
resides in the unit.	40426

(L) "Lead abatement contractor" means any individual who	40427
engages in or intends to engage in lead abatement and employs or	40428
supervises one or more lead abatement workers, including on-site	40429
supervision of lead abatement projects, or prepares	40430
specifications, plans, or documents for a lead abatement project.	40431

(M) "Lead abatement project" means one or more lead abatement	40432
activities that are conducted by a lead abatement contractor and	40433
are reasonably related to each other.	40434

(N) "Lead abatement project designer" means a person who is	40435
responsible for designing lead abatement projects and preparing a	40436
pre-abatement plan for all designed projects.	40437

(O) "Lead abatement worker" means an individual who is	40438
responsible in a nonsupervisory capacity for the performance of	40439
lead abatement.	40440

(P) "Lead-based paint" means any paint or other similar	40441
surface-coating substance containing lead at or in excess of the	40442
level that is hazardous to human health, as that level is	40443
established ~~by rule of the public health council~~in rules adopted	40444
under section 3742.50 of the Revised Code.	40445

(Q) "Lead-contaminated dust" means dust that contains an area	40446
or mass concentration of lead at or in excess of the level that is	40447
hazardous to human health, as that level is established ~~by rule of~~	40448
~~the public health council~~in rules adopted under section 3742.50	40449
of the Revised Code.	40450

(R) "Lead-contaminated soil" means soil that contains lead at	40451
or in excess of the level that is hazardous to human health, as	40452
that level is established ~~by rule of the public health council~~in	40453
rules adopted under section 3742.50 of the Revised Code.	40454

(S) "Lead hazard" means material that is likely to cause lead	40455
exposure and endanger an individual's health as determined by the	40456
~~public~~director of health ~~council~~ in rules adopted under section	40457
3742.50 of the Revised Code. "Lead hazard" includes lead-based	40458
paint, lead-contaminated dust, lead-contaminated soil, and	40459
lead-contaminated water pipes.	40460

(T) "Lead inspection" means a surface-by-surface	40461
investigation to determine the presence of lead-based paint. The	40462
inspection shall use a sampling or testing technique approved by	40463
the ~~public health council~~director in rules adopted ~~by the council~~	40464
under section 3742.03 of the Revised Code. A licensed lead	40465
inspector or laboratory approved under section 3742.09 of the	40466
Revised Code shall certify in writing the precise results of the	40467
inspection.	40468

(U) "Lead inspector" means any individual who conducts a lead	40469
inspection, provides professional advice regarding a lead	40470
inspection, or prepares a report explaining the results of a lead	40471
inspection.	40472

(V) "Lead poisoning" means the level of lead in human blood	40473
that is hazardous to human health, as specified in rules adopted	40474
under section 3742.50 of the Revised Code.	40475

(W) "Lead risk assessment" means an on-site investigation to	40476
determine and report the existence, nature, severity, and location	40477
of lead hazards in a residential unit, child care facility, or	40478
school, including information gathering from the unit, facility,	40479
or school's current owner's knowledge regarding the age and	40480
painting history of the unit, facility, or school and occupancy by	40481
children under six years of age, visual inspection, limited wipe	40482
sampling or other environmental sampling techniques, and any other	40483
activity as may be appropriate.	40484

(X) "Lead risk assessor" means a person who is responsible	40485
for developing a written inspection, risk assessment, and analysis	40486
plan; conducting inspections for lead hazards in a residential	40487
unit, child care facility, or school; interpreting results of	40488
inspections and risk assessments; identifying hazard control	40489
strategies to reduce or eliminate lead exposures; and completing a	40490
risk assessment report.	40491

(Y) "Lead-safe renovation" means the supervision or	40492
performance of services for the general improvement of all or part	40493
of an existing structure, including a residential unit, child care	40494
facility, or school, when the services are supervised or performed	40495
by a lead-safe renovator.	40496

(Z) "Lead-safe renovator" means a person who has successfully	40497
completed a training program in lead-safe renovation approved	40498
under section 3742.47 of the Revised Code.	40499

(AA) "Manager" means a person, who may be the same person as	40500
the owner, responsible for the daily operation of a residential	40501
unit, child care facility, or school.	40502

(BB) "Permanent" means an expected design life of at least	40503
twenty years.	40504

(CC) "Replacement" means an activity that entails removing	40505
components such as windows, doors, and trim that have lead hazards	40506
on their surfaces and installing components free of lead hazards.	40507

(DD) "Residential unit" means a dwelling or any part of a	40508
building being used as an individual's private residence.	40509

(EE) "School" means a public or nonpublic school in which	40510
children under six years of age receive education.	40511

Sec. 3742.02. (A) No person shall do any of the following:

40512

(1) Violate any provision of this chapter or the rules	40513
adopted pursuant to it;	40514

(2) Apply or cause to be applied any lead-based paint on or	40515
inside a residential unit, child care facility, or school, unless	40516
the ~~public~~director of health ~~council~~ has determined by rule under	40517
section 3742.50 of the Revised Code that no suitable substitute	40518
exists;	40519

(3) Interfere with an investigation conducted by the director	40520
of health or a board of health in accordance with section 3742.35	40521
of the Revised Code.	40522

(B) No person shall knowingly authorize or employ an	40523
individual to perform lead abatement on a residential unit, child	40524
care facility, or school unless the individual who will perform	40525
the lead abatement holds a valid license issued under section	40526
3742.05 of the Revised Code.	40527

(C) No person shall do any of the following when a	40528
residential unit, child care facility, or school is involved:	40529

(1) Perform a lead inspection without a valid lead inspector	40530
license issued under section 3742.05 of the Revised Code;	40531

(2) Perform a lead risk assessment or provide professional	40532
advice regarding lead abatement without a valid lead risk assessor	40533
license issued under section 3742.05 of the Revised Code;	40534

(3) Act as a lead abatement contractor without a valid lead	40535
abatement contractor's license issued under section 3742.05 of the	40536
Revised Code;	40537

(4) Act as a lead abatement project designer without a valid	40538
lead abatement project designer license issued under section	40539
3742.05 of the Revised Code;	40540

(5) Perform lead abatement without a valid lead abatement	40541
worker license issued under section 3742.05 of the Revised Code;	40542

(6) Effective one year after April 7, 2003, perform a	40543
clearance examination without a valid clearance technician license	40544
issued under section 3742.05 of the Revised Code, unless the	40545
person holds a valid lead inspector license or valid lead risk	40546
assessor license issued under that section;	40547

(7) Perform lead training for the licensing purposes of this	40548
chapter without a valid approval from the director of health under	40549
section 3742.08 of the Revised Code;	40550

(8) Perform interim controls without complying with 24 C.F.R.	40551
Part 35.	40552

Sec. 3742.03. The ~~public~~director of health ~~council~~ shall	40553
adopt rules in accordance with Chapter 119. of the Revised Code	40554
for the administration and enforcement of sections 3742.01 to	40555
3742.19 and 3742.99 of the Revised Code. The rules shall specify	40556
all of the following:	40557

(A) Procedures to be followed by a lead abatement contractor,	40558
lead abatement project designer, lead abatement worker, lead	40559
inspector, or lead risk assessor licensed under section 3742.05 of	40560
the Revised Code for undertaking lead abatement activities and	40561
procedures to be followed by a clearance technician, lead	40562
inspector, or lead risk assessor in performing a clearance	40563
examination;	40564

(B)(1) Requirements for training and licensure, in addition	40565
to those established under section 3742.08 of the Revised Code, to	40566
include levels of training and periodic refresher training for	40567
each class of worker, and to be used for licensure under section	40568
3742.05 of the Revised Code. Except in the case of clearance	40569
technicians, these requirements shall include at least twenty-four	40570
classroom hours of training based on the Occupational Safety and	40571
Health Act training program for lead set forth in 29 C.F.R.	40572
1926.62. For clearance technicians, the training requirements to	40573
obtain an initial license shall not exceed six hours and the	40574
requirements for refresher training shall not exceed two hours	40575
every four years. In establishing the training and licensure	40576
requirements, the ~~public health council~~director shall consider	40577
the core of information that is needed by all licensed persons,	40578
and establish the training requirements so that persons who would	40579
seek licenses in more than one area would not have to take	40580
duplicative course work.	40581

(2) Persons certified by the American board of industrial	40582
hygiene as a certified industrial hygienist or as an industrial	40583
hygienist-in-training, and persons registered as a sanitarian or	40584
sanitarian-in-training under Chapter 4736. of the Revised Code,	40585
shall be exempt from any training requirements for initial	40586
licensure established under this chapter, but shall be required to	40587
take any examinations for licensure required under section 3742.05	40588
of the Revised Code.	40589

(C) Fees for licenses issued under section 3742.05 of the	40590
Revised Code and for their renewal;	40591

(D) Procedures to be followed by lead inspectors, lead	40592
abatement contractors, environmental lead analytical laboratories,	40593
lead risk assessors, lead abatement project designers, and lead	40594
abatement workers to prevent public exposure to lead hazards and	40595
ensure worker protection during lead abatement projects;	40596

(E)(1) Record-keeping and reporting requirements for clinical	40597
laboratories, environmental lead analytical laboratories, lead	40598
inspectors, lead abatement contractors, lead risk assessors, lead	40599
abatement project designers, and lead abatement workers for lead	40600
abatement projects and record-keeping and reporting requirements	40601
for clinical laboratories, environmental lead analytical	40602
laboratories, and clearance technicians for clearance	40603
examinations;	40604

(2) Record-keeping and reporting requirements regarding lead	40605
poisoning for physicians, in addition to the requirements of	40606
section 3701.25 of the Revised Code;	40607

(3) Information that is required to be reported under rules	40608
based on divisions (E)(1) and (2) of this section and that is a	40609
medical record is not a public record under section 149.43 of the	40610
Revised Code and shall not be released, except in aggregate	40611
statistical form.	40612

(F) Environmental sampling techniques for use in collecting	40613
samples of air, water, dust, paint, and other materials;	40614

(G) Requirements for a respiratory protection plan prepared	40615
in accordance with section 3742.07 of the Revised Code;	40616

(H) Requirements under which a manufacturer of encapsulants	40617
must demonstrate evidence of the safety and durability of its	40618
encapsulants by providing results of testing from an independent	40619
laboratory indicating that the encapsulants meet the standards	40620
developed by the "E06.23.30 task group on encapsulants," which is	40621
the task group of the lead hazards associated with buildings	40622
subcommittee of the performance of buildings committee of the	40623
American society for testing and materials.	40624

Sec. 3742.04. (A) The director of health shall do all of the	40625
following:	40626

(1) Administer and enforce the requirements of sections	40627
3742.01 to 3742.19 and 3742.99 of the Revised Code and the rules	40628
adopted pursuant to those sections;	40629

(2) Examine records and reports submitted by lead inspectors,	40630
lead abatement contractors, lead risk assessors, lead abatement	40631
project designers, lead abatement workers, and clearance	40632
technicians in accordance with section 3742.05 of the Revised Code	40633
to determine whether the requirements of this chapter are being	40634
met;	40635

(3) Examine records and reports submitted by physicians,	40636
clinical laboratories, and environmental lead analytical	40637
laboratories under section 3701.25 or 3742.09 of the Revised Code;	40638

(4) Issue approval to manufacturers of encapsulants that have	40639
done all of the following:	40640

(a) Submitted an application for approval to the director on	40641
a form prescribed by the director;	40642

(b) Paid the application fee established by the director;

40643

(c) Submitted results from an independent laboratory	40644
indicating that the manufacturer's encapsulants satisfy the	40645
requirements established in rules adopted under division (H) of	40646
section 3742.03 of the Revised Code;	40647

(d) Complied with rules adopted by the ~~public health council~~	40648
director regarding durability and safety to workers and residents.	40649

(5) Establish liaisons and cooperate with the directors or	40650
agencies in states having lead abatement, licensing,	40651
accreditation, certification, and approval programs to promote	40652
consistency between the requirements of this chapter and those of	40653
other states in order to facilitate reciprocity of the programs	40654
among states;	40655

(6) Establish a program to monitor and audit the quality of	40656
work of lead inspectors, lead risk assessors, lead abatement	40657
project designers, lead abatement contractors, lead abatement	40658
workers, and clearance technicians. The director may refer	40659
improper work discovered through the program to the attorney	40660
general for appropriate action.	40661

(B) In addition to any other authority granted by this	40662
chapter, the director of health may do any of the following:	40663

(1) Employ persons who have received training from a program	40664
the director has determined provides the necessary background. The	40665
appropriate training may be obtained in a state that has an	40666
ongoing lead abatement program under which it conducts educational	40667
programs.	40668

(2) Cooperate with the United States environmental protection	40669
agency in any joint oversight procedures the agency may propose	40670
for laboratories that offer lead analysis services and are	40671
accredited under the agency's laboratory accreditation program;	40672

(3) Advise, consult, cooperate with, or enter into contracts	40673
or cooperative agreements with any person, government entity,	40674
interstate agency, or the federal government as the director	40675
considers necessary to fulfill the requirements of this chapter	40676
and the rules adopted under it.	40677

Sec. 3742.05. (A)(1) The director of health shall issue lead	40678
inspector, lead abatement contractor, lead risk assessor, lead	40679
abatement project designer, lead abatement worker, and clearance	40680
technician licenses. The director shall issue a license to an	40681
applicant who meets all of the following requirements:	40682

(a) Submits an application to the director on a form	40683
prescribed by the director;	40684

(b) Meets the licensing and training requirements established	40685
~~by the public health council~~in rules adopted under section	40686
3742.03 of the Revised Code;	40687

(c) Successfully completes the licensing examination for the	40688
applicant's area of expertise administered under section 3742.08	40689
of the Revised Code and any training required by the director	40690
under that section;	40691

(d) Pays the license fee established ~~by the public health~~	40692
~~council~~in rules adopted under section 3742.03 of the Revised	40693
Code;	40694

(e) Provides the applicant's social security number and any	40695
information the director may require to demonstrate the	40696
applicant's compliance with this chapter and the rules adopted	40697
under it.	40698

(2) An individual may hold more than one license issued under	40699
this section, but a separate application is required for each	40700
license.	40701

(B) A license issued under this section expires two years	40702
after the date of issuance. The director shall renew a license in	40703
accordance with the standard renewal procedure set forth in	40704
Chapter 4745. of the Revised Code, if the licensee does all of the	40705
following:	40706

(1) Continues to meet the requirements of division (A) of	40707
this section;	40708

(2) Demonstrates compliance with procedures to prevent public	40709
exposure to lead hazards and for worker protection during lead	40710
abatement projects established ~~by rule~~in rules adopted ~~by the~~	40711
~~public health council~~ under section 3742.03 of the Revised Code;	40712

(3) Meets the record-keeping and reporting requirements for	40713
lead abatement projects or clearance examinations established by	40714
~~rule~~in rules adopted ~~by the public health council~~ under section	40715
3742.03 of the Revised Code;	40716

(4) Pays the license renewal fee established ~~by rule~~in rules	40717
adopted ~~by the public health council~~ under section 3742.03 of the	40718
Revised Code.	40719

(C) An individual licensed, certified, or otherwise approved	40720
under the law of another state to perform functions substantially	40721
similar to those of a lead inspector, lead abatement contractor,	40722
lead risk assessor, lead abatement project designer, lead	40723
abatement worker, or clearance technician may apply to the	40724
director of health for licensure in accordance with the procedures	40725
set forth in division (A) of this section. The director shall	40726
license an individual under this division on a determination that	40727
the standards for licensure, certification, or approval in that	40728
state are at least substantially equivalent to those established	40729
by this chapter and the rules adopted under it. The director may	40730
require an examination for licensure under this division.	40731

Sec. 3742.30. Each child at risk of lead poisoning shall	40732
undergo a blood lead screening test to determine whether the child	40733
has lead poisoning. The at-risk children shall undergo the test at	40734
times determined by rules the ~~public~~director of health ~~council~~	40735
shall adopt in accordance with Chapter 119. of the Revised Code	40736
that are consistent with the guidelines established by the centers	40737
for disease control and prevention in the public health service of	40738
the United States department of health and human services. The	40739
rules shall specify which children are at risk of lead poisoning.	40740

Neither this section nor the rules adopted under it affect	40741
the coverage of blood lead screening tests by any publicly funded	40742
health program, including the medicaid program established by	40743
Chapter 5111. of the Revised Code. Neither this section nor the	40744
rules adopted under it apply to a child if a parent of the child	40745
objects to the test on the grounds that the test conflicts with	40746
the parent's religious tenets and practices.	40747

Sec. 3742.47. (A) A person seeking approval of a training	40748
program in either essential maintenance practices or lead-safe	40749
renovation shall apply for approval to the director of health. The	40750
application shall be made on a form prescribed by the director and	40751
shall include the fee established under division (B) of this	40752
section. The director shall issue approval to the applicant if the	40753
applicant demonstrates to the satisfaction of the director that	40754
the training program will meet the following requirements and any	40755
other training program requirements established by rules adopted	40756
under section 3742.50 of the Revised Code:	40757

(1) Conducts the training program in a period of time that	40758
does not exceed six hours;	40759

(2) Administers an examination established by rule of the	40760
~~public health council~~director at the end of the training program	40761
to each person who completes the training;	40762

(3) Grades each examination not later than one week after its	40763
completion and determines whether the person who took the	40764
examination received a passing score;	40765

(4) Not later than one week after the examination is	40766
completed provides written proof of training program completion to	40767
each person who completes the program and passes the examination.	40768

(B) The director of health shall establish an application fee	40769
for approving training programs under this section. The fee shall	40770
be reasonable and shall not exceed the expenses incurred in	40771
conducting the approval of training programs. An application fee	40772
submitted under division (A) of this section is nonrefundable.	40773

Sec. 3742.50. (A) The ~~public~~director of health ~~council~~	40774
shall adopt rules in accordance with Chapter 119. of the Revised	40775
Code establishing all of the following:	40776

(1) Procedures necessary for the development and operation of	40777
the child lead poisoning prevention program established under	40778
section 3742.31 of the Revised Code;	40779

(2) Standards and procedures for conducting investigations	40780
and risk assessments under sections 3742.35 and 3742.36 of the	40781
Revised Code;	40782

(3) Standards and procedures for issuing lead hazard control	40783
orders under section 3742.37 of the Revised Code, including	40784
standards and procedures for determining appropriate deadlines for	40785
complying with lead hazard control orders;	40786

(4) The level of lead in human blood that is hazardous to	40787
human health, consistent with the guidelines issued by the centers	40788
for disease control and prevention in the public health service of	40789
the United States department of health and human services;	40790

(5) The level of lead in paint, dust, and soil that is	40791
hazardous to human health;	40792

(6) Standards and procedures to be followed when implementing	40793
preventive treatments for the control of lead hazards pursuant to	40794
section 3742.41 of the Revised Code that are based on information	40795
from the United States environmental protection agency, department	40796
of housing and urban development, occupational safety and health	40797
administration, or other agencies with recommendations or	40798
guidelines regarding implementation of preventive treatments;	40799

(7) Standards that must be met to pass a clearance	40800
examination;	40801

(8) Procedures for approving under section 3742.47 of the	40802
Revised Code training programs in essential maintenance practices	40803
and lead-safe renovation and requirements, in addition to those	40804
specified in section 3742.47 of the Revised Code, that a program	40805
must meet to receive approval;	40806

(9) The examination to be administered by a training program	40807
approved under section 3742.47 of the Revised Code and the	40808
examination's passing score.	40809

(B) The ~~public health council~~director shall establish	40810
procedures for revising its rules to ensure that the child lead	40811
poisoning prevention activities conducted under this chapter	40812
continue to meet the requirements necessary to obtain any federal	40813
funding available for those activities, including requirements	40814
established by the United States environmental protection agency,	40815
United States department of housing and urban development, or any	40816
other federal agency with jurisdiction over activities pertaining	40817
to child lead poisoning prevention.	40818

Sec. 3743.04. (A) The license of a manufacturer of fireworks	40819
is effective for one year beginning on the first day of December.	40820
The state fire marshal shall issue or renew a license only on that	40821
date and at no other time. If a manufacturer of fireworks wishes	40822
to continue manufacturing fireworks at the designated fireworks	40823
plant after its then effective license expires, it shall apply no	40824
later than the first day of October for a new license pursuant to	40825
section 3743.02 of the Revised Code. The state fire marshal shall	40826
send a written notice of the expiration of its license to a	40827
licensed manufacturer at least three months before the expiration	40828
date.	40829

(B) If, during the effective period of its licensure, a	40830
licensed manufacturer of fireworks wishes to construct, locate, or	40831
relocate any buildings or other structures on the premises of its	40832
fireworks plant, to make any structural change or renovation in	40833
any building or other structure on the premises of its fireworks	40834
plant, or to change the nature of its manufacturing of fireworks	40835
so as to include the processing of fireworks, the manufacturer	40836
shall notify the state fire marshal in writing. The state fire	40837
marshal may require a licensed manufacturer also to submit	40838
documentation, including, but not limited to, plans covering the	40839
proposed construction, location, relocation, structural change or	40840
renovation, or change in manufacturing of fireworks, if the state	40841
fire marshal determines the documentation is necessary for	40842
evaluation purposes in light of the proposed construction,	40843
location, relocation, structural change or renovation, or change	40844
in manufacturing of fireworks.	40845

Upon receipt of the notification and additional documentation	40846
required by the state fire marshal, the state fire marshal shall	40847
inspect the premises of the fireworks plant to determine if the	40848
proposed construction, location, relocation, structural change or	40849
renovation, or change in manufacturing of fireworks conforms to	40850
sections 3743.02 to 3743.08 of the Revised Code and the rules	40851
adopted by the state fire marshal pursuant to section 3743.05 of	40852
the Revised Code. The state fire marshal shall issue a written	40853
authorization to the manufacturer for the construction, location,	40854
relocation, structural change or renovation, or change in	40855
manufacturing of fireworks if the state fire marshal determines,	40856
upon the inspection and a review of submitted documentation, that	40857
the construction, location, relocation, structural change or	40858
renovation, or change in manufacturing of fireworks conforms to	40859
those sections and rules. Upon authorizing a change in	40860
manufacturing of fireworks to include the processing of fireworks,	40861
the state fire marshal shall make notations on the manufacturer's	40862
license and in the list of licensed manufacturers in accordance	40863
with section 3743.03 of the Revised Code.	40864

On or before June 1, 1998, a licensed manufacturer shall	40865
install, in every licensed building in which fireworks are	40866
manufactured, stored, or displayed and to which the public has	40867
access, interlinked fire detection, smoke exhaust, and smoke	40868
evacuation systems that are approved by the superintendent of	40869
~~labor~~industrial compliance, and shall comply with floor plans	40870
showing occupancy load limits and internal circulation and egress	40871
patterns that are approved by the state fire marshal and	40872
superintendent, and that are submitted under seal as required by	40873
section 3791.04 of the Revised Code. Notwithstanding section	40874
3743.59 of the Revised Code, the construction and safety	40875
requirements established in this division are not subject to any	40876
variance, waiver, or exclusion.	40877

(C) The license of a manufacturer of fireworks authorizes the	40878
manufacturer to engage only in the following activities:	40879

(1) The manufacturing of fireworks on the premises of the	40880
fireworks plant as described in the application for licensure or	40881
in the notification submitted under division (B) of this section,	40882
except that a licensed manufacturer shall not engage in the	40883
processing of fireworks unless authorized to do so by its license.	40884

(2) To possess for sale at wholesale and sell at wholesale	40885
the fireworks manufactured by the manufacturer, to persons who are	40886
licensed wholesalers of fireworks, to out-of-state residents in	40887
accordance with section 3743.44 of the Revised Code, to residents	40888
of this state in accordance with section 3743.45 of the Revised	40889
Code, or to persons located in another state provided the	40890
fireworks are shipped directly out of this state to them by the	40891
manufacturer. A person who is licensed as a manufacturer of	40892
fireworks on June 14, 1988, also may possess for sale and sell	40893
pursuant to division (C)(2) of this section fireworks other than	40894
those the person manufactures. The possession for sale shall be on	40895
the premises of the fireworks plant described in the application	40896
for licensure or in the notification submitted under division (B)	40897
of this section, and the sale shall be from the inside of a	40898
licensed building and from no other structure or device outside a	40899
licensed building. At no time shall a licensed manufacturer sell	40900
any class of fireworks outside a licensed building.	40901

(3) Possess for sale at retail and sell at retail the	40902
fireworks manufactured by the manufacturer, other than 1.4G	40903
fireworks as designated by the state fire marshal in rules adopted	40904
pursuant to division (A) of section 3743.05 of the Revised Code,	40905
to licensed exhibitors in accordance with sections 3743.50 to	40906
3743.55 of the Revised Code, and possess for sale at retail and	40907
sell at retail the fireworks manufactured by the manufacturer,	40908
including 1.4G fireworks, to out-of-state residents in accordance	40909
with section 3743.44 of the Revised Code, to residents of this	40910
state in accordance with section 3743.45 of the Revised Code, or	40911
to persons located in another state provided the fireworks are	40912
shipped directly out of this state to them by the manufacturer. A	40913
person who is licensed as a manufacturer of fireworks on June 14,	40914
1988, may also possess for sale and sell pursuant to division	40915
(C)(3) of this section fireworks other than those the person	40916
manufactures. The possession for sale shall be on the premises of	40917
the fireworks plant described in the application for licensure or	40918
in the notification submitted under division (B) of this section,	40919
and the sale shall be from the inside of a licensed building and	40920
from no other structure or device outside a licensed building. At	40921
no time shall a licensed manufacturer sell any class of fireworks	40922
outside a licensed building.	40923

A licensed manufacturer of fireworks shall sell under	40924
division (C) of this section only fireworks that meet the	40925
standards set by the consumer product safety commission or by the	40926
American fireworks standard laboratories or that have received an	40927
EX number from the United States department of transportation.	40928

(D) The license of a manufacturer of fireworks shall be	40929
protected under glass and posted in a conspicuous place on the	40930
premises of the fireworks plant. Except as otherwise provided in	40931
this division, the license is not transferable or assignable. A	40932
license may be transferred to another person for the same	40933
fireworks plant for which the license was issued if the assets of	40934
the plant are transferred to that person by inheritance or by a	40935
sale approved by the state fire marshal. The license is subject to	40936
revocation in accordance with section 3743.08 of the Revised Code.	40937

(E) The state fire marshal shall not place the license of a	40938
manufacturer of fireworks in a temporarily inactive status while	40939
the holder of the license is attempting to qualify to retain the	40940
license.	40941

(F) Each licensed manufacturer of fireworks that possesses	40942
fireworks for sale and sells fireworks under division (C) of	40943
section 3743.04 of the Revised Code, or a designee of the	40944
manufacturer, whose identity is provided to the state fire marshal	40945
by the manufacturer, annually shall attend a continuing education	40946
program. The state fire marshal shall develop the program and the	40947
state fire marshal or a person or public agency approved by the	40948
state fire marshal shall conduct it. A licensed manufacturer or	40949
the manufacturer's designee who attends a program as required	40950
under this division, within one year after attending the program,	40951
shall conduct in-service training as approved by the state fire	40952
marshal for other employees of the licensed manufacturer regarding	40953
the information obtained in the program. A licensed manufacturer	40954
shall provide the state fire marshal with notice of the date,	40955
time, and place of all in-service training. For any program	40956
conducted under this division, the state fire marshal shall, in	40957
accordance with rules adopted by the state fire marshal under	40958
Chapter 119. of the Revised Code, establish the subjects to be	40959
taught, the length of classes, the standards for approval, and	40960
time periods for notification by the licensee to the state fire	40961
marshal of any in-service training.	40962

(G) A licensed manufacturer shall maintain comprehensive	40963
general liability insurance coverage in the amount and type	40964
specified under division (B)(2) of section 3743.02 of the Revised	40965
Code at all times. Each policy of insurance required under this	40966
division shall contain a provision requiring the insurer to give	40967
not less than fifteen days' prior written notice to the state fire	40968
marshal before termination, lapse, or cancellation of the policy,	40969
or any change in the policy that reduces the coverage below the	40970
minimum required under this division. Prior to canceling or	40971
reducing the amount of coverage of any comprehensive general	40972
liability insurance coverage required under this division, a	40973
licensed manufacturer shall secure supplemental insurance in an	40974
amount and type that satisfies the requirements of this division	40975
so that no lapse in coverage occurs at any time. A licensed	40976
manufacturer who secures supplemental insurance shall file	40977
evidence of the supplemental insurance with the state fire marshal	40978
prior to canceling or reducing the amount of coverage of any	40979
comprehensive general liability insurance coverage required under	40980
this division.	40981

(H) The state fire marshal shall adopt rules for the	40982
expansion or contraction of a licensed premises and for approval	40983
of such expansions or contractions. The boundaries of a licensed	40984
premises, including any geographic expansion or contraction of	40985
those boundaries, shall be approved by the state fire marshal in	40986
accordance with rules the state fire marshal adopts. If the	40987
licensed premises consists of more than one parcel of real estate,	40988
those parcels shall be contiguous unless an exception is allowed	40989
pursuant to division (I) of this section.	40990

(I)(1) A licensed manufacturer may expand its licensed	40991
premises within this state to include not more than two storage	40992
locations that are located upon one or more real estate parcels	40993
that are noncontiguous to the licensed premises as that licensed	40994
premises exists on the date a licensee submits an application as	40995
described below, if all of the following apply:	40996

(a) The licensee submits an application to the state fire	40997
marshal and an application fee of one hundred dollars per storage	40998
location for which the licensee is requesting approval.	40999

(b) The identity of the holder of the license remains the	41000
same at the storage location.	41001

(c) The storage location has received a valid certificate of	41002
zoning compliance as applicable and a valid certificate of	41003
occupancy for each building or structure at the storage location	41004
issued by the authority having jurisdiction to issue the	41005
certificate for the storage location, and those certificates	41006
permit the distribution and storage of fireworks regulated under	41007
this chapter at the storage location and in the buildings or	41008
structures. The storage location shall be in compliance with all	41009
other applicable federal, state, and local laws and regulations.	41010

(d) Every building or structure located upon the storage	41011
location is separated from occupied residential and nonresidential	41012
buildings or structures, railroads, highways, or any other	41013
buildings or structures on the licensed premises in accordance	41014
with the distances specified in the rules adopted by the state	41015
fire marshal pursuant to section 3743.05 of the Revised Code.	41016

(e) Neither the licensee nor any person holding, owning, or	41017
controlling a five per cent or greater beneficial or equity	41018
interest in the licensee has been convicted of or pleaded guilty	41019
to a felony under the laws of this state, any other state, or the	41020
United States, after September 29, 2005.	41021

(f) The state fire marshal approves the application for	41022
expansion.	41023

(2) The state fire marshal shall approve an application for	41024
expansion requested under division (I)(1) of this section if the	41025
state fire marshal receives the application fee and proof that the	41026
requirements of divisions (I)(1)(b) to (e) of this section are	41027
satisfied. The storage location shall be considered part of the	41028
original licensed premises and shall use the same distinct number	41029
assigned to the original licensed premises with any additional	41030
designations as the state fire marshal deems necessary in	41031
accordance with section 3743.03 of the Revised Code.	41032

(J)(1) A licensee who obtains approval for the use of a	41033
storage location in accordance with division (I) of this section	41034
shall use the storage location exclusively for the following	41035
activities, in accordance with division (C) of this section:	41036

(a) The packaging, assembling, or storing of fireworks, which	41037
shall only occur in buildings or structures approved for such	41038
hazardous uses by the building code official having jurisdiction	41039
for the storage location or, for 1.4G fireworks, in containers or	41040
trailers approved for such hazardous uses by the state fire	41041
marshal if such containers or trailers are not subject to	41042
regulation by the building code adopted in accordance with Chapter	41043
3781. of the Revised Code. All such storage shall be in accordance	41044
with the rules adopted by the state fire marshal under division	41045
(G) of section 3743.05 of the Revised Code for the packaging,	41046
assembling, and storage of fireworks.	41047

(b) Distributing fireworks to other parcels of real estate	41048
located on the manufacturer's licensed premises, to licensed	41049
wholesalers or other licensed manufacturers in this state or to	41050
similarly licensed persons located in another state or country;	41051

(c) Distributing fireworks to a licensed exhibitor of	41052
fireworks pursuant to a properly issued permit in accordance with	41053
section 3743.54 of the Revised Code.	41054

(2) A licensed manufacturer shall not engage in any sales	41055
activity, including the retail sale of fireworks otherwise	41056
permitted under division (C)(2) or (C)(3) of this section, or	41057
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	41058
storage location approved under this section.	41059

(3) A storage location may not be relocated for a minimum	41060
period of five years after the storage location is approved by the	41061
state fire marshal in accordance with division (I) of this	41062
section.	41063

(K) The licensee shall prohibit public access to the storage	41064
location. The state fire marshal shall adopt rules to describe the	41065
acceptable measures a manufacturer shall use to prohibit access to	41066
the storage site.	41067

Sec. 3743.06. In addition to conforming to the rules of the	41068
fire marshal adopted pursuant to section 3743.05 of the Revised	41069
Code, licensed manufacturers of fireworks shall operate their	41070
fireworks plants in accordance with the following:	41071

(A) Signs indicating that smoking is generally forbidden and	41072
trespassing is prohibited on the premises of a fireworks plant	41073
shall be posted on the premises in a manner determined by the fire	41074
marshal.	41075

(B) Reasonable precautions shall be taken to protect the	41076
premises of a fireworks plant from trespass, loss, theft, or	41077
destruction. Only persons employed by the manufacturer, authorized	41078
governmental personnel, and persons who have obtained permission	41079
from a member of the manufacturer's office to be on the premises,	41080
are to be allowed to enter and remain on the premises.	41081

(C) Smoking or the carrying of pipes, cigarettes, or cigars,	41082
matches, lighters, other flame-producing items, or open flame on,	41083
or the carrying of a concealed source of ignition into, the	41084
premises of a fireworks plant is prohibited, except that a	41085
manufacturer may permit smoking in specified lunchrooms or	41086
restrooms in buildings or other structures in which no	41087
manufacturing, handling, sales, or storage of fireworks takes	41088
place. "NO SMOKING" signs shall be posted on the premises as	41089
required by the fire marshal.	41090

(D) Fire and explosion prevention and other reasonable safety	41091
measures and precautions shall be implemented by a manufacturer.	41092

(E) Persons shall not be permitted to have in their	41093
possession or under their control, while they are on the premises	41094
of the fireworks plant, any intoxicating liquor, beer, or	41095
controlled substance, and they shall not be permitted to enter or	41096
remain on the premises if they are found to be under the influence	41097
of any intoxicating liquor, beer, or controlled substance.	41098

(F) A manufacturer shall conform to all building, safety, and	41099
zoning statutes, ordinances, rules, or other enactments that apply	41100
to the premises of its fireworks plant.	41101

(G) Each fireworks plant shall have at least one class 1	41102
magazine that is approved by the bureau of alcohol, tobacco, and	41103
firearms of the United States department of the treasury and that	41104
is otherwise in conformity with federal law. This division does	41105
not apply to fireworks plants existing on or before August 3,	41106
1931.	41107

(H) Awnings, tents, and canopies shall not be used as	41108
facilities for the sale or storage of fireworks. This division	41109
does not prohibit the use of an awning or canopy attached to a	41110
public access showroom for storing nonflammable shopping	41111
convenience items such as shopping carts or baskets or providing a	41112
shaded area for patrons waiting to enter the public sales area.	41113

(I) Fireworks may be stored in trailers if the trailers are	41114
properly enclosed, secured, and grounded and are separated from	41115
any structure to which the public is admitted by a distance that	41116
will, in the fire marshal's judgment, allow fire-fighting	41117
equipment to have full access to the structures on the licensed	41118
premises. Such trailers may be moved into closer proximity to any	41119
structure only to accept or discharge cargo for a period not to	41120
exceed forty-eight hours. Only two such trailers may be placed in	41121
such closer proximity at any one time. At no time may trailers be	41122
used for conducting sales of any class of fireworks, nor may	41123
members of the public have access to the trailers.	41124

Storage areas for fireworks that are in the same building	41125
where fireworks are displayed and sold to the public shall be	41126
separated from the areas to which the public has access by an	41127
appropriately rated fire wall.	41128

(J) A fire suppression system as defined in section 3781.108	41129
of the Revised Code may be turned off only for repair, drainage of	41130
the system to prevent damage by freezing during the period of	41131
time, approved by the fire marshal, that the facility is closed to	41132
all public access during winter months, or maintenance of the	41133
system. If any repair or maintenance is necessary during times	41134
when the facility is open for public access and business as	41135
approved by the fire marshal, the licensed manufacturer shall	41136
notify in advance the appropriate insurance company and fire chief	41137
or fire prevention officer regarding the nature of the maintenance	41138
or repair and the time when it will be performed.	41139

(K) If any fireworks item is removed from its original	41140
package or is manufactured with any fuse other than a safety fuse	41141
approved by the consumer product safety commission, then the item	41142
shall be covered completely by repackaging or bagging or it shall	41143
otherwise be covered so as to prevent ignition prior to sale.	41144

(L) A safety officer shall be present during regular business	41145
hours at a building open to the public during the period	41146
commencing fourteen days before, and ending two days after, each	41147
fourth day of July. The officer shall be highly visible, enforce	41148
this chapter and any applicable building codes to the extent the	41149
officer is authorized by law, and be one of the following:	41150

(1) A deputy sheriff;

41151

(2) A law enforcement officer of a municipal corporation,	41152
township, or township or joint police district;	41153

(3) A private uniformed security guard registered under	41154
section 4749.06 of the Revised Code.	41155

(M) All doors of all buildings on the licensed premises shall	41156
swing outward.	41157

(N) All wholesale and commercial sales of fireworks shall be	41158
packaged, shipped, placarded, and transported in accordance with	41159
United States department of transportation regulations applicable	41160
to the transportation, and the offering for transportation, of	41161
hazardous materials. For purposes of this division, "wholesale and	41162
commercial sales" includes all sales for resale and any nonretail	41163
sale made in furtherance of a commercial enterprise. For purposes	41164
of enforcement of these regulations under section ~~4905.83~~4923.99	41165
of the Revised Code, any sales transaction exceeding one thousand	41166
pounds shall be rebuttably presumed to be a wholesale or	41167
commercial sale.	41168

Sec. 3743.19. In addition to conforming to the rules of the	41169
fire marshal adopted pursuant to section 3743.18 of the Revised	41170
Code, licensed wholesalers of fireworks shall conduct their	41171
business operations in accordance with the following:	41172

(A) A wholesaler shall conduct its business operations from	41173
the location described in its application for licensure or in a	41174
notification submitted under division (B) of section 3743.17 of	41175
the Revised Code.	41176

(B) Signs indicating that smoking is generally forbidden and	41177
trespassing is prohibited on the premises of a wholesaler shall be	41178
posted on the premises as determined by the fire marshal.	41179

(C) Reasonable precautions shall be taken to protect the	41180
premises of a wholesaler from trespass, loss, theft, or	41181
destruction.	41182

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	41183
matches, lighters, other flame-producing items, or open flame on,	41184
or the carrying of a concealed source of ignition into, the	41185
premises of a wholesaler is prohibited, except that a wholesaler	41186
may permit smoking in specified lunchrooms or restrooms in	41187
buildings or other structures in which no sales, handling, or	41188
storage of fireworks takes place. "NO SMOKING" signs shall be	41189
posted on the premises as required by the fire marshal.	41190

(E) Fire and explosion prevention and other reasonable safety	41191
measures and precautions shall be implemented by a wholesaler.	41192

(F) Persons shall not be permitted to have in their	41193
possession or under their control, while they are on the premises	41194
of a wholesaler, any intoxicating liquor, beer, or controlled	41195
substance, and they shall not be permitted to enter or remain on	41196
the premises if they are found to be under the influence of any	41197
intoxicating liquor, beer, or controlled substance.	41198

(G) A wholesaler shall conform to all building, safety, and	41199
zoning statutes, ordinances, rules, or other enactments that apply	41200
to its premises.	41201

(H) Each building used in the sale of fireworks shall be kept	41202
open to the public for at least four hours each day between the	41203
hours of eight a.m. and five p.m., five days of each week, every	41204
week of the year. Upon application from a licensed wholesaler, the	41205
fire marshal may waive any of the requirements of this division.	41206

(I) Awnings, tents, or canopies shall not be used as	41207
facilities for the storage or sale of fireworks. This division	41208
does not prohibit the use of an awning or canopy attached to a	41209
public access showroom for storing nonflammable shopping	41210
convenience items such as shopping carts or baskets or providing a	41211
shaded area for patrons waiting to enter the public sales area.	41212

(J) 1.4G fireworks may be stored in trailers if the trailers	41213
are properly enclosed, secured, and grounded and are separated	41214
from any structure to which the public is admitted by a distance	41215
that will, in the fire marshal's judgment, allow fire-fighting	41216
equipment to have full access to the structures on the licensed	41217
premises. Such trailers may be moved into closer proximity to any	41218
structure only to accept or discharge cargo for a period not to	41219
exceed forty-eight hours. Only two such trailers may be placed in	41220
such closer proximity at any one time. At no time may trailers be	41221
used for conducting sales of any class of fireworks nor may	41222
members of the public have access to the trailers.	41223

Storage areas for fireworks that are in the same building	41224
where fireworks are displayed and sold to the public shall be	41225
separated from the areas to which the public has access by an	41226
appropriately rated fire wall. If the licensee installs and	41227
properly maintains an early suppression fast response sprinkler	41228
system or equivalent fire suppression system as described in the	41229
fire code adopted by the fire marshal in accordance with section	41230
3737.82 of the Revised Code throughout the structure, a fire	41231
barrier wall may be substituted for a fire wall between the areas	41232
to which the public has access and the storage portions of the	41233
structure.	41234

(K) A fire suppression system as defined in section 3781.108	41235
of the Revised Code may be turned off only for repair, drainage of	41236
the system to prevent damage by freezing during the period of	41237
time, approved by the fire marshal under division (I) of this	41238
section, that the facility is closed to public access during	41239
winter months, or maintenance of the system. If any repair or	41240
maintenance is necessary during times when the facility is open	41241
for public access and business, the licensed wholesaler shall	41242
notify in advance the appropriate insurance company and fire chief	41243
or fire prevention officer regarding the nature of the maintenance	41244
or repair and the time when it will be performed.	41245

(L) If any fireworks item is removed from its original	41246
package or is manufactured with any fuse other than a fuse	41247
approved by the consumer product safety commission, then the item	41248
shall be covered completely by repackaging or bagging or it shall	41249
otherwise be covered so as to prevent ignition prior to sale.	41250

(M) A safety officer shall be present during regular business	41251
hours at a building open to the public during the period	41252
commencing fourteen days before, and ending two days after, each	41253
fourth day of July. The officer shall be highly visible, enforce	41254
this chapter and any applicable building codes to the extent the	41255
officer is authorized by law, and be one of the following:	41256

(1) A deputy sheriff;

41257

(2) A law enforcement officer of a municipal corporation,	41258
township, or township or joint police district;	41259

(3) A private uniformed security guard registered under	41260
section 4749.06 of the Revised Code.	41261

(N) All doors of all buildings on the licensed premises shall	41262
swing outward.	41263

(O) All wholesale and commercial sales of fireworks shall be	41264
packaged, shipped, placarded, and transported in accordance with	41265
United States department of transportation regulations applicable	41266
to the transportation, and the offering for transportation, of	41267
hazardous materials. For purposes of this division, "wholesale and	41268
commercial sales" includes all sales for resale and any nonretail	41269
sale made in furtherance of a commercial enterprise. For purposes	41270
of enforcement of these regulations under section ~~4905.83~~4923.99	41271
of the Revised Code, any sales transaction exceeding one thousand	41272
pounds shall be rebuttably presumed to be a wholesale or	41273
commercial sale.	41274

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	41275
of this section, all retail sales of 1.4G fireworks by a licensed	41276
manufacturer or wholesaler shall only occur from an approved	41277
retail sales showroom on a licensed premises or from a	41278
representative sample showroom as described in this section on a	41279
licensed premises. For the purposes of this section, a retail sale	41280
includes the transfer of the possession of the 1.4G fireworks from	41281
the licensed manufacturer or wholesaler to the purchaser of the	41282
fireworks.	41283

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	41284
properly permitted exhibition shall occur in accordance with the	41285
provisions of the Revised Code and rules adopted by the state fire	41286
marshal under Chapter 119. of the Revised Code. Such rules shall	41287
specify, at a minimum, that the licensed exhibitor holds a license	41288
under section 3743.51 of the Revised Code, that the exhibitor	41289
possesses a valid exhibition permit issued in accordance with	41290
section 3743.54 of the Revised Code, and that the fireworks	41291
shipped are to be used at the specifically permitted exhibition.	41292

(B) All wholesale sales of fireworks by a licensed	41293
manufacturer or wholesaler shall only occur from a licensed	41294
premises to persons who intend to resell the fireworks purchased	41295
at wholesale. A wholesale sale by a licensed manufacturer or	41296
wholesaler may occur as follows:	41297

(1) The direct sale and shipment of fireworks to a person	41298
outside of this state;	41299

(2) From an approved retail sales showroom as described in	41300
this section;	41301

(3) From a representative sample showroom as described in	41302
this section;	41303

(4) By delivery of wholesale fireworks to a purchaser at a	41304
licensed premises outside of a structure or building on that	41305
premises. All other portions of the wholesale sales transaction	41306
may occur at any location on a licensed premises.	41307

(5) Any other method as described in rules adopted by the	41308
state fire marshal under Chapter 119. of the Revised Code.	41309

(C) A licensed manufacturer or wholesaler shall only sell	41310
1.4G fireworks from a representative sample showroom or a retail	41311
sales showroom. Each licensed premises shall only contain one	41312
sales structure.	41313

A representative sample showroom shall consist of a structure	41314
constructed and maintained in accordance with the nonresidential	41315
building code adopted under Chapter 3781. of the Revised Code and	41316
the fire code adopted under section 3737.82 of the Revised Code	41317
for a use and occupancy group that permits mercantile sales. A	41318
representative sample showroom shall not contain any pyrotechnics,	41319
pyrotechnic materials, fireworks, explosives, explosive materials,	41320
or any similar hazardous materials or substances. A representative	41321
sample showroom shall be used only for the public viewing of	41322
fireworks product representations, including paper materials,	41323
packaging materials, catalogs, photographs, or other similar	41324
product depictions. The delivery of product to a purchaser of	41325
fireworks at a licensed premises that has a representative sample	41326
structure shall not occur inside any structure on a licensed	41327
premises. Such product delivery shall occur on the licensed	41328
premises in a manner prescribed by rules adopted by the state fire	41329
marshal pursuant to Chapter 119. of the Revised Code.	41330

If a manufacturer or wholesaler elects to conduct sales from	41331
a retail sales showroom, the showroom structures, to which the	41332
public may have any access and in which employees are required to	41333
work, on all licensed premises, shall comply with the following	41334
safety requirements:	41335

(1) A fireworks showroom that is constructed or upon which	41336
expansion is undertaken on and after June 30, 1997, shall be	41337
equipped with interlinked fire detection, fire suppression, smoke	41338
exhaust, and smoke evacuation systems that are approved by the	41339
superintendent of ~~labor~~industrial compliance in the department of	41340
commerce.	41341

(2) A fireworks showroom that first begins to operate on or	41342
after June 30, 1997, and to which the public has access for retail	41343
purposes shall not exceed five thousand square feet in floor area.	41344

(3) A newly constructed or an existing fireworks showroom	41345
structure that exists on September 23, 2008, but that, on or after	41346
September 23, 2008, is altered or added to in a manner requiring	41347
the submission of plans, drawings, specifications, or data	41348
pursuant to section 3791.04 of the Revised Code, shall comply with	41349
a graphic floor plan layout that is approved by the state fire	41350
marshal and superintendent showing width of aisles, parallel	41351
arrangement of aisles to exits, number of exits per wall, maximum	41352
occupancy load, evacuation plan for occupants, height of storage	41353
or display of merchandise, and other information as may be	41354
required by the state fire marshal and superintendent.	41355

(4) A fireworks showroom structure that exists on June 30,	41356
1997, shall be in compliance on or after June 30, 1997, with floor	41357
plans showing occupancy load limits and internal circulation and	41358
egress patterns that are approved by the state fire marshal and	41359
superintendent, and that are submitted under seal as required by	41360
section 3791.04 of the Revised Code.	41361

(D) The safety requirements established in division (C) of	41362
this section are not subject to any variance, waiver, or exclusion	41363
pursuant to this chapter or any applicable building code.	41364

Sec. 3745.01. There is hereby created the environmental	41365
protection agency, headed by the director of environmental	41366
protection. The agency, under the supervision of the director,	41367
shall administer the laws pertaining to chemical emergency	41368
planning, community right-to-know, and toxic chemical release	41369
reporting; the cessation of chemical handling operations; the	41370
prevention, control, and abatement of air and water pollution;	41371
public water supply; comprehensive water resource management	41372
planning; products that contain mercury as defined in section	41373
3734.61 of the Revised Code; and the disposal and treatment of	41374
solid wastes, infectious wastes, construction and demolition	41375
debris, hazardous waste, sewage, industrial waste, and other	41376
wastes. The director may do all of the following:	41377

(A) Provide such methods of administration, appoint such	41378
personnel, make such reports, and take such other action as may be	41379
necessary to comply with the requirements of the federal laws and	41380
regulations pertaining to chemical emergency planning, community	41381
right-to-know, and toxic chemical release reporting; air and water	41382
pollution control; public water supply; water resource planning;	41383
and waste disposal and treatment;	41384

(B) Procure by contract the temporary or intermittent	41385
services of experts or consultants, or organizations thereof, when	41386
those services are to be performed on a part-time or	41387
fee-for-service basis and do not involve the performance of	41388
administrative duties;	41389

(C) Advise, consult, cooperate, and enter into contracts or	41390
agreements, including consensual administrative order agreements,	41391
with any other agencies of the state, the federal government,	41392
other states, ~~and~~ interstate agencies, and persons and with	41393
affected groups, political subdivisions, and industries in	41394
furtherance of the purposes of this chapter and Chapters 3704.,	41395
3714., 3734., 3751., 3752., 6109., and 6111. of the Revised Code;	41396

(D) Establish advisory boards in accordance with section	41397
121.13 of the Revised Code;	41398

(E) Accept on behalf of the state any grant, gift, or	41399
contribution made for toxic chemical release reporting, air or	41400
water pollution control, public water supply, water resource	41401
planning, waste disposal or treatment, or related purposes, and	41402
expend it for those purposes;	41403

(F) Make an annual report to the governor and the general	41404
assembly on activities and expenditures as well as recommendations	41405
for such additional legislation as the director considers	41406
appropriate to carry out the director's duties or accomplish the	41407
purposes of this section;	41408

(G) Enter into environmental covenants in accordance with	41409
sections 5301.80 to 5301.92 of the Revised Code, and grant or	41410
accept easements or sell real property pursuant to section	41411
3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code, as	41412
applicable.	41413

The agency shall utilize the laboratory facilities of the	41414
department of health and other state institutions and agencies to	41415
the maximum extent that the utilization is practicable,	41416
economical, and technically satisfactory.	41417

The director shall maintain and keep available for public	41418
inspection, at the director's principal office, a current register	41419
of all applications filed for permits, leases, licenses,	41420
variances, certificates, and approval of plans and specifications	41421
and of publicly owned treatment works pretreatment programs under	41422
the director's jurisdiction, hearings pending, the director's	41423
final action thereon, and the dates on which the filings,	41424
hearings, and final actions occur. The director shall maintain and	41425
keep available for public inspection at the director's principal	41426
office all plans, reports, and other documents required to be	41427
filed with the emergency response commission under Chapter 3750.	41428
of the Revised Code and rules adopted under it, and all reports	41429
and other documents required to be filed with the director under	41430
Chapter 3751. of the Revised Code and rules adopted under it,	41431
subject to the requirements of those chapters and rules adopted	41432
under them for the protection of trade secrets and confidential	41433
business information from disclosure to persons not authorized	41434
under those laws to receive trade secret or confidential business	41435
information.	41436

Sec. 3745.05. (A) In hearing the appeal, if an adjudication	41437
hearing was conducted by the director of environmental protection	41438
in accordance with sections 119.09 and 119.10 of the Revised Code	41439
or conducted by a board of health, the environmental review	41440
appeals commission is confined to the record as certified to it by	41441
the director or the board of health, as applicable. The commission	41442
may grant a request for the admission of additional evidence when	41443
satisfied that such additional evidence is newly discovered and	41444
could not with reasonable diligence have been ascertained prior to	41445
the hearing before the director or the board, as applicable. If no	41446
adjudication hearing was conducted in accordance with sections	41447
119.09 and 119.10 of the Revised Code or conducted by a board of	41448
health, the commission shall conduct a hearing de novo on the	41449
appeal.	41450

For the purpose of conducting a de novo hearing, or where the	41451
commission has granted a request for the admission of additional	41452
evidence, the commission may require the attendance of witnesses	41453
and the production of written or printed materials.	41454

When conducting a de novo hearing, or when a request for the	41455
admission of additional evidence has been granted, the commission	41456
may, and at the request of any party it shall, issue subpoenas for	41457
witnesses or for books, papers, correspondence, memoranda,	41458
agreements, or other documents or records relevant or material to	41459
the inquiry directed to the sheriff of the counties where the	41460
witnesses or documents or records are found, which subpoenas shall	41461
be served and returned in the same manner as those allowed by the	41462
court of common pleas in criminal cases.	41463

(B) The fees of sheriffs shall be the same as those allowed	41464
by the court of common pleas in criminal cases. Witnesses shall be	41465
paid the fees and mileage provided for under section 119.094 of	41466
the Revised Code. The fee and mileage expenses incurred at the	41467
request of the appellant shall be paid in advance by the	41468
appellant, and the remainder of the expenses shall be paid out of	41469
funds appropriated for the expenses of the commission.	41470

(C) In case of disobedience or neglect of any subpoena served	41471
on any person, or the refusal of any witness to testify to any	41472
matter regarding which the witness may be lawfully interrogated,	41473
the court of common pleas of the county in which the disobedience,	41474
neglect, or refusal occurs, or any judge thereof, on application	41475
of the commission or any member thereof, may compel obedience by	41476
attachment proceedings for contempt as in the case of disobedience	41477
of the requirements of a subpoena issued from the court or a	41478
refusal to testify therein.	41479

(D) A witness at any hearing shall testify under oath or	41480
affirmation, which any member of the commission may administer. A	41481
witness, if the witness requests, shall be permitted to be	41482
accompanied, represented, and advised by an attorney, whose	41483
participation in the hearing shall be limited to the protection of	41484
the rights of the witness, and who may not examine or	41485
cross-examine witnesses. A witness shall be advised of the right	41486
to counsel before the witness is interrogated.	41487

(E) A ~~stenographic~~ record of the testimony and other evidence	41488
submitted shall be taken by an official court ~~shorthand~~ reporter.	41489
The record shall include all of the testimony and other evidence	41490
and the rulings on the admissibility thereof presented at the	41491
hearing. The commission shall pass upon the admissibility of	41492
evidence, but any party may at the time object to the admission of	41493
any evidence and except to the rulings of the commission thereon,	41494
and if the commission refuses to admit evidence the party offering	41495
same may make a proffer thereof, and such proffer shall be made a	41496
part of the record of such hearing.	41497

Any party may request the ~~stenographic~~ record of the hearing.	41498
Promptly after receiving such a request, the commission shall	41499
prepare and provide the ~~stenographic~~ record of the hearing to the	41500
party who requested it. The commission may charge a fee to the	41501
party who requested the ~~stenographic~~ record that does not exceed	41502
the cost to the commission for preparing and transcribing or	41503
transmitting it.	41504

(F) If, upon completion of the hearing, the commission finds	41505
that the action appealed from was lawful and reasonable, it shall	41506
make a written order affirming the action, or if the commission	41507
finds that the action was unreasonable or unlawful, it shall make	41508
a written order vacating or modifying the action appealed from.	41509

The commission shall issue a written order affirming,	41510
vacating, or modifying an action pursuant to the following	41511
schedule:	41512

(1) For an appeal that was filed with the commission before	41513
April 15, 2008, the commission shall issue a written order not	41514
later than December 15, 2009.	41515

(2) For all other appeals that have been filed with the	41516
commission as of October 15, 2009, the commission shall issue a	41517
written order not later than July 15, 2010.	41518

(3) For an appeal that is filed with the commission after	41519
October 15, 2009, the commission shall issue a written order not	41520
later than twelve months after the filing of the appeal with the	41521
commission.	41522

(G) Every order made by the commission shall contain a	41523
written finding by the commission of the facts upon which the	41524
order is based. Notice of the making of the order shall be given	41525
forthwith to each party to the appeal by mailing a certified copy	41526
thereof to each party by certified mail, with a statement of the	41527
time and method by which an appeal may be perfected.	41528

(H) The order of the commission is final unless vacated or	41529
modified upon judicial review.	41530

Sec. 3745.11. (A) Applicants for and holders of permits,	41531
licenses, variances, plan approvals, and certifications issued by	41532
the director of environmental protection pursuant to Chapters	41533
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	41534
to the environmental protection agency for each such issuance and	41535
each application for an issuance as provided by this section. No	41536
fee shall be charged for any issuance for which no application has	41537
been submitted to the director.	41538

(B) ~~Each person who is issued a permit to install prior to~~	41539
~~July 1, 2003, pursuant to rules adopted under division (F) of~~	41540
~~section 3704.03 of the Revised Code shall pay the fees specified~~	41541
~~in the following schedules:~~	41542

~~(1) Fuel-burning equipment (boilers)~~

41543

~~Input capacity (maximum)~~					41544
~~(million British thermal units per hour)~~		~~Permit to install~~			41545

~~Greater than 0, but less than 10~~	$ ~~200~~	41546
~~10 or more, but less than 100~~	~~400~~	41547
~~100 or more, but less than 300~~	~~800~~	41548
~~300 or more, but less than 500~~	~~1500~~	41549
~~500 or more, but less than 1000~~	~~2500~~	41550
~~1000 or more, but less than 5000~~	~~4000~~	41551
~~5000 or more~~	~~6000~~	41552

~~Units burning exclusively natural gas, number two fuel oil,~~	41553
~~or both shall be assessed a fee that is one-half of the applicable~~	41554
~~amount established in division (F)(1) of this section.~~	41555

~~(2) Incinerators~~

41556

~~Input capacity (pounds per hour)~~

~~Permit to install~~

41557

~~0 to 100~~	$ ~~100~~	41558
~~101 to 500~~	~~400~~	41559
~~501 to 2000~~	~~750~~	41560
~~2001 to 20,000~~	~~1000~~	41561
~~more than 20,000~~	~~2500~~	41562

~~(3)(a) Process~~

41563

~~Process weight rate (pounds per hour)~~

~~Permit to install~~

41564

~~0 to 1000~~	$ ~~200~~	41565
~~1001 to 5000~~	~~400~~	41566
~~5001 to 10,000~~	~~600~~	41567
~~10,001 to 50,000~~	~~800~~	41568
~~more than 50,000~~	~~1000~~	41569

~~In any process where process weight rate cannot be~~	41570
~~ascertained, the minimum fee shall be assessed.~~	41571

~~(b) Notwithstanding division (B)(3)(a) of this section, any~~	41572
~~person issued a permit to install pursuant to rules adopted under~~	41573
~~division (F) of section 3704.03 of the Revised Code shall pay the~~	41574
~~fees established in division (B)(3)(c) of this section for a~~	41575
~~process used in any of the following industries, as identified by~~	41576
~~the applicable four-digit standard industrial classification code~~	41577
~~according to the Standard Industrial Classification Manual~~	41578
~~published by the United States office of management and budget in~~	41579
~~the executive office of the president, 1972, as revised:~~	41580

~~1211 Bituminous coal and lignite mining;~~

41581

~~1213 Bituminous coal and lignite mining services;~~

41582

~~1411 Dimension stone;~~

41583

~~1422 Crushed and broken limestone;~~

41584

~~1427 Crushed and broken stone, not elsewhere classified;~~

41585

~~1442 Construction sand and gravel;~~

41586

~~1446 Industrial sand;~~

41587

~~3281 Cut stone and stone products;~~

41588

~~3295 Minerals and earth, ground or otherwise treated.~~

41589

~~(c) The fees established in the following schedule apply to~~	41590
~~the issuance of a permit to install pursuant to rules adopted~~	41591
~~under division (F) of section 3704.03 of the Revised Code for a~~	41592
~~process listed in division (B)(3)(b) of this section:~~	41593

~~Process weight rate (pounds per hour)~~

~~Permit to install~~

41594

~~0 to 1000~~	$ ~~200~~	41595
~~10,001 to 50,000~~	~~300~~	41596
~~50,001 to 100,000~~	~~400~~	41597
~~100,001 to 200,000~~	~~500~~	41598
~~200,001 to 400,000~~	~~600~~	41599
~~400,001 or more~~	~~700~~	41600

~~(4) Storage tanks~~

41601

~~Gallons (maximum useful capacity)~~

~~Permit to install~~

41602

~~0 to 20,000~~	$ ~~100~~	41603
~~20,001 to 40,000~~	~~150~~	41604
~~40,001 to 100,000~~	~~200~~	41605
~~100,001 to 250,000~~	~~250~~	41606
~~250,001 to 500,000~~	~~350~~	41607
~~500,001 to 1,000,000~~	~~500~~	41608
~~1,000,001 or greater~~	~~750~~	41609

~~(5) Gasoline/fuel dispensing facilities~~

41610

~~For each gasoline/fuel dispensing~~		~~Permit to install~~			41611
~~facility~~		$ ~~100~~			41612

~~(6) Dry cleaning facilities~~

41613

~~For each dry cleaning facility~~		~~Permit to install~~			41614
~~(includes all units at the facility)~~		$ ~~100~~			41615

~~(7) Registration status~~

41616

~~For each source covered~~		~~Permit to install~~			41617
~~by registration status~~		$ 75			41618

~~(C)(1)~~ Except as otherwise provided in division (C)(2) of	41619
this section, beginning July 1, 1994, each person who owns or	41620
operates an air contaminant source and who is required to apply	41621
for and obtain a Title V permit under section 3704.036 of the	41622
Revised Code shall pay the fees set forth in this division ~~(C)(1)~~	41623
~~of this section~~. For the purposes of ~~that~~this division, total	41624
emissions of air contaminants may be calculated using engineering	41625
calculations, emissions factors, material balance calculations, or	41626
performance testing procedures, as authorized by the director.	41627

The following fees shall be assessed on the total actual	41628
emissions from a source in tons per year of the regulated	41629
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	41630
organic compounds, and lead:	41631

~~(a)~~(1) Fifteen dollars per ton on the total actual emissions	41632
of each such regulated pollutant during the period July through	41633
December 1993, to be collected no sooner than July 1, 1994;	41634

~~(b)~~(2) Twenty dollars per ton on the total actual emissions	41635
of each such regulated pollutant during calendar year 1994, to be	41636
collected no sooner than April 15, 1995;	41637

~~(c)~~(3) Twenty-five dollars per ton on the total actual	41638
emissions of each such regulated pollutant in calendar year 1995,	41639
and each subsequent calendar year, to be collected no sooner than	41640
the fifteenth day of April of the year next succeeding the	41641
calendar year in which the emissions occurred.	41642

The fees levied under this division ~~(C)(1) of this section~~ do	41643
not apply to that portion of the emissions of a regulated	41644
pollutant at a facility that exceed four thousand tons during a	41645
calendar year.	41646

~~(2)~~(C)(1) The fees assessed under division ~~(C)(1)~~(B) of this	41647
section are for the purpose of providing funding for the Title V	41648
permit program.	41649

~~(3)~~(2) The fees assessed under division ~~(C)(1)~~(B) of this	41650
section do not apply to emissions from any electric generating	41651
unit designated as a Phase I unit under Title IV of the federal	41652
Clean Air Act prior to calendar year 2000. Those fees shall be	41653
assessed on the emissions from such a generating unit commencing	41654
in calendar year 2001 based upon the total actual emissions from	41655
the generating unit during calendar year 2000 and shall continue	41656
to be assessed each subsequent calendar year based on the total	41657
actual emissions from the generating unit during the preceding	41658
calendar year.	41659

~~(4)~~(3) The director shall issue invoices to owners or	41660
operators of air contaminant sources who are required to pay a fee	41661
assessed under division ~~(C)~~(B) or (D) of this section. Any such	41662
invoice shall be issued no sooner than the applicable date when	41663
the fee first may be collected in a year under the applicable	41664
division, shall identify the nature and amount of the fee	41665
assessed, and shall indicate that the fee is required to be paid	41666
within thirty days after the issuance of the invoice.	41667

(D)(1) Except as provided in division (D)(3) of this section,	41668
from January 1, 1994, through December 31, 2003, each person who	41669
owns or operates an air contaminant source; who is required to	41670
apply for a permit to operate pursuant to rules adopted under	41671
division (G), or a variance pursuant to division (H), of section	41672
3704.03 of the Revised Code; and who is not required to apply for	41673
and obtain a Title V permit under section 3704.036 of the Revised	41674
Code shall pay a single fee based upon the sum of the actual	41675
annual emissions from the facility of the regulated pollutants	41676
particulate matter, sulfur dioxide, nitrogen oxides, organic	41677
compounds, and lead in accordance with the following schedule:	41678

Total tons per year		41679
of regulated pollutants	Annual fee	41680
emitted	per facility	41681
More than 0, but less than 50	$ 75	41682
50 or more, but less than 100	300	41683
100 or more	700	41684

(2) Except as provided in division (D)(3) of this section,	41685
beginning January 1, 2004, each person who owns or operates an air	41686
contaminant source; who is required to apply for a permit to	41687
operate pursuant to rules adopted under division (G), or a	41688
variance pursuant to division (H), of section 3704.03 of the	41689
Revised Code; and who is not required to apply for and obtain a	41690
Title V permit under section 3704.03 of the Revised Code shall pay	41691
a single fee based upon the sum of the actual annual emissions	41692
from the facility of the regulated pollutants particulate matter,	41693
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	41694
accordance with the following schedule:	41695

Total tons per year		41696
of regulated pollutants	Annual fee	41697
emitted	per facility	41698
More than 0, but less than 10	$ 100	41699
10 or more, but less than 50	200	41700
50 or more, but less than 100	300	41701
100 or more	700	41702

(3)(a) As used in division (D) of this section, "synthetic	41703
minor facility" means a facility for which one or more permits to	41704
install or permits to operate have been issued for the air	41705
contaminant sources at the facility that include terms and	41706
conditions that lower the facility's potential to emit air	41707
contaminants below the major source thresholds established in	41708
rules adopted under section 3704.036 of the Revised Code.	41709

(b) Beginning January 1, 2000, through June 30, 2014, each	41710
person who owns or operates a synthetic minor facility shall pay	41711
an annual fee based on the sum of the actual annual emissions from	41712
the facility of particulate matter, sulfur dioxide, nitrogen	41713
dioxide, organic compounds, and lead in accordance with the	41714
following schedule:	41715

Combined total tons		41716
per year of all regulated	Annual fee	41717
pollutants emitted	per facility	41718

Less than 10	$ 170	41719
10 or more, but less than 20	340	41720
20 or more, but less than 30	670	41721
30 or more, but less than 40	1,010	41722
40 or more, but less than 50	1,340	41723
50 or more, but less than 60	1,680	41724
60 or more, but less than 70	2,010	41725
70 or more, but less than 80	2,350	41726
80 or more, but less than 90	2,680	41727
90 or more, but less than 100	3,020	41728
100 or more	3,350	41729

(4) The fees assessed under division (D)(1) of this section	41730
shall be collected annually no sooner than the fifteenth day of	41731
April, commencing in 1995. The fees assessed under division (D)(2)	41732
of this section shall be collected annually no sooner than the	41733
fifteenth day of April, commencing in 2005. The fees assessed	41734
under division (D)(3) of this section shall be collected no sooner	41735
than the fifteenth day of April, commencing in 2000. The fees	41736
assessed under division (D) of this section in a calendar year	41737
shall be based upon the sum of the actual emissions of those	41738
regulated pollutants during the preceding calendar year. For the	41739
purpose of division (D) of this section, emissions of air	41740
contaminants may be calculated using engineering calculations,	41741
emission factors, material balance calculations, or performance	41742
testing procedures, as authorized by the director. The director,	41743
by rule, may require persons who are required to pay the fees	41744
assessed under division (D) of this section to pay those fees	41745
biennially rather than annually.	41746

(E)(1) Consistent with the need to cover the reasonable costs	41747
of the Title V permit program, the director annually shall	41748
increase the fees prescribed in division ~~(C)(1)~~(B) of this section	41749
by the percentage, if any, by which the consumer price index for	41750
the most recent calendar year ending before the beginning of a	41751
year exceeds the consumer price index for calendar year 1989. Upon	41752
calculating an increase in fees authorized by division (E)(1) of	41753
this section, the director shall compile revised fee schedules for	41754
the purposes of division ~~(C)(1)~~(B) of this section and shall make	41755
the revised schedules available to persons required to pay the	41756
fees assessed under that division and to the public.	41757

(2) For the purposes of division (E)(1) of this section:

41758

(a) The consumer price index for any year is the average of	41759
the consumer price index for all urban consumers published by the	41760
United States department of labor as of the close of the	41761
twelve-month period ending on the thirty-first day of August of	41762
that year.	41763

(b) If the 1989 consumer price index is revised, the director	41764
shall use the revision of the consumer price index that is most	41765
consistent with that for calendar year 1989.	41766

(F) Each person who is issued a permit to install pursuant to	41767
rules adopted under division (F) of section 3704.03 of the Revised	41768
Code on or after July 1, 2003, shall pay the fees specified in the	41769
following schedules:	41770

(1) Fuel-burning equipment (boilers, furnaces, or process	41771
heaters used in the process of burning fuel for the primary	41772
purpose of producing heat or power by indirect heat transfer)	41773

Input capacity (maximum)		41774
(million British thermal units per hour)	Permit to install	41775
Greater than 0, but less than 10	$ 200	41776
10 or more, but less than 100	400	41777
100 or more, but less than 300	1000	41778
300 or more, but less than 500	2250	41779
500 or more, but less than 1000	3750	41780
1000 or more, but less than 5000	6000	41781
5000 or more	9000	41782

Units burning exclusively natural gas, number two fuel oil,	41783
or both shall be assessed a fee that is one-half the applicable	41784
amount shown in division (F)(1) of this section.	41785

(2) Combustion turbines and stationary internal combustion	41786
engines designed to generate electricity	41787

Generating capacity (mega watts)	Permit to install	41788
0 or more, but less than 10	$ 25	41789
10 or more, but less than 25	150	41790
25 or more, but less than 50	300	41791
50 or more, but less than 100	500	41792
100 or more, but less than 250	1000	41793
250 or more	2000	41794

(3) Incinerators

41795

Input capacity (pounds per hour)	Permit to install	41796
0 to 100	$ 100	41797
101 to 500	500	41798
501 to 2000	1000	41799
2001 to 20,000	1500	41800
more than 20,000	3750	41801

(4)(a) Process

41802

Process weight rate (pounds per hour)	Permit to install	41803
0 to 1000	$ 200	41804
1001 to 5000	500	41805
5001 to 10,000	750	41806
10,001 to 50,000	1000	41807
more than 50,000	1250	41808

In any process where process weight rate cannot be	41809
ascertained, the minimum fee shall be assessed. A boiler, furnace,	41810
combustion turbine, stationary internal combustion engine, or	41811
process heater designed to provide direct heat or power to a	41812
process not designed to generate electricity shall be assessed a	41813
fee established in division (F)(4)(a) of this section. A	41814
combustion turbine or stationary internal combustion engine	41815
designed to generate electricity shall be assessed a fee	41816
established in division (F)(2) of this section.	41817

(b) Notwithstanding division (F)(4)(a) of this section, any	41818
person issued a permit to install pursuant to rules adopted under	41819
division (F) of section 3704.03 of the Revised Code shall pay the	41820
fees set forth in division (F)(4)(c) of this section for a process	41821
used in any of the following industries, as identified by the	41822
applicable two-digit, three-digit, or four-digit standard	41823
industrial classification code according to the Standard	41824
Industrial Classification Manual published by the United States	41825
office of management and budget in the executive office of the	41826
president, 1987, as revised:	41827

Major group 10, metal mining;

41828

Major group 12, coal mining;

41829

Major group 14, mining and quarrying of nonmetallic minerals;

41830

Industry group 204, grain mill products;

41831

2873 Nitrogen fertilizers;

41832

2874 Phosphatic fertilizers;

41833

3281 Cut stone and stone products;

41834

3295 Minerals and earth, ground or otherwise treated;

41835

4221 Grain elevators (storage only);

41836

5159 Farm related raw materials;

41837

5261 Retail nurseries and lawn and garden supply stores.

41838

(c) The fees set forth in the following schedule apply to the	41839
issuance of a permit to install pursuant to rules adopted under	41840
division (F) of section 3704.03 of the Revised Code for a process	41841
identified in division (F)(4)(b) of this section:	41842

Process weight rate (pounds per hour)	Permit to install	41843
0 to 10,000	$ 200	41844
10,001 to 50,000	400	41845
50,001 to 100,000	500	41846
100,001 to 200,000	600	41847
200,001 to 400,000	750	41848
400,001 or more	900	41849

(5) Storage tanks

41850

Gallons (maximum useful capacity)	Permit to install	41851
0 to 20,000	$ 100	41852
20,001 to 40,000	150	41853
40,001 to 100,000	250	41854
100,001 to 500,000	400	41855
500,001 or greater	750	41856

(6) Gasoline/fuel dispensing facilities

41857

For each gasoline/fuel		41858
dispensing facility (includes all	Permit to install	41859
units at the facility)	$ 100	41860

(7) Dry cleaning facilities

41861

For each dry cleaning		41862
facility (includes all units	Permit to install	41863
at the facility)	$ 100	41864

(8) Registration status

41865

For each source covered			Permit to install			41866
by registration status			$ 75			41867

(G) An owner or operator who is responsible for an asbestos	41868
demolition or renovation project pursuant to rules adopted under	41869
section 3704.03 of the Revised Code shall pay the fees set forth	41870
in the following schedule:	41871

Action	Fee	41872
Each notification	$75	41873
Asbestos removal	$3/unit	41874
Asbestos cleanup	$4/cubic yard	41875

For purposes of this division, "unit" means any combination of	41876
linear feet or square feet equal to fifty.	41877

(H) A person who is issued an extension of time for a permit	41878
to install an air contaminant source pursuant to rules adopted	41879
under division (F) of section 3704.03 of the Revised Code shall	41880
pay a fee equal to one-half the fee originally assessed for the	41881
permit to install under this section, except that the fee for such	41882
an extension shall not exceed two hundred dollars.	41883

(I) A person who is issued a modification to a permit to	41884
install an air contaminant source pursuant to rules adopted under	41885
section 3704.03 of the Revised Code shall pay a fee equal to	41886
one-half of the fee that would be assessed under this section to	41887
obtain a permit to install the source. The fee assessed by this	41888
division only applies to modifications that are initiated by the	41889
owner or operator of the source and shall not exceed two thousand	41890
dollars.	41891

(J) Notwithstanding division ~~(B) or~~ (F) of this section, a	41892
person who applies for or obtains a permit to install pursuant to	41893
rules adopted under division (F) of section 3704.03 of the Revised	41894
Code after the date actual construction of the source began shall	41895
pay a fee for the permit to install that is equal to twice the fee	41896
that otherwise would be assessed under the applicable division	41897
unless the applicant received authorization to begin construction	41898
under division (W) of section 3704.03 of the Revised Code. This	41899
division only applies to sources for which actual construction of	41900
the source begins on or after July 1, 1993. The imposition or	41901
payment of the fee established in this division does not preclude	41902
the director from taking any administrative or judicial	41903
enforcement action under this chapter, Chapter 3704., 3714.,	41904
3734., or 6111. of the Revised Code, or a rule adopted under any	41905
of them, in connection with a violation of rules adopted under	41906
division (F) of section 3704.03 of the Revised Code.	41907

As used in this division, "actual construction of the source"	41908
means the initiation of physical on-site construction activities	41909
in connection with improvements to the source that are permanent	41910
in nature, including, without limitation, the installation of	41911
building supports and foundations and the laying of underground	41912
pipework.	41913

(K) ~~Fifty~~(1) Money received under division (B) of this	41914
section shall be deposited in the state treasury to the credit of	41915
the Title V clean air fund created in section 3704.035 of the	41916
Revised Code. Annually, fifty cents per ton of each fee assessed	41917
under division ~~(C)~~(B) of this section on actual emissions from a	41918
source and received by the environmental protection agency	41919
pursuant to that division shall be ~~deposited into~~transferred	41920
using an interstate transfer voucher to the state treasury to the	41921
credit of the small business assistance fund created in section	41922
3706.19 of the Revised Code. ~~The remainder of the moneys~~In	41923
addition, annually, the amount of money necessary for the	41924
operation of the office of ombudsperson as determined under	41925
division (B) of that section shall be transferred to the state	41926
treasury to the credit of the small business ombudsperson fund	41927
created by that section.	41928

(2) Money received by ~~the division pursuant to that division~~	41929
~~and moneys received by~~ the agency pursuant to divisions (D), (F),	41930
(G), (H), (I), and (J) of this section shall be deposited in the	41931
state treasury to the credit of the non-Title V clean air fund	41932
created in section 3704.035 of the Revised Code.	41933

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	41934
or (c) of this section, a person issued a water discharge permit	41935
or renewal of a water discharge permit pursuant to Chapter 6111.	41936
of the Revised Code shall pay a fee based on each point source to	41937
which the issuance is applicable in accordance with the following	41938
schedule:	41939

Design flow discharge (gallons per day)	Fee	41940
0 to 1000	$ 0	41941
1,001 to 5000	100	41942
5,001 to 50,000	200	41943
50,001 to 100,000	300	41944
100,001 to 300,000	525	41945
over 300,000	750	41946

(b) Notwithstanding the fee schedule specified in division	41947
(L)(1)(a) of this section, the fee for a water discharge permit	41948
that is applicable to coal mining operations regulated under	41949
Chapter 1513. of the Revised Code shall be two hundred fifty	41950
dollars per mine.	41951

(c) Notwithstanding the fee schedule specified in division	41952
(L)(1)(a) of this section, the fee for a water discharge permit	41953
for a public discharger identified by I in the third character of	41954
the permittee's NPDES permit number shall not exceed seven hundred	41955
fifty dollars.	41956

(2) A person applying for a plan approval for a wastewater	41957
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	41958
of the Revised Code shall pay a fee of one hundred dollars plus	41959
sixty-five one-hundredths of one per cent of the estimated project	41960
cost through June 30, 2014, and one hundred dollars plus	41961
two-tenths of one per cent of the estimated project cost on and	41962
after July 1, 2014, except that the total fee shall not exceed	41963
fifteen thousand dollars through June 30, 2014, and five thousand	41964
dollars on and after July 1, 2014. The fee shall be paid at the	41965
time the application is submitted.	41966

(3) A person issued a modification of a water discharge	41967
permit shall pay a fee equal to one-half the fee that otherwise	41968
would be charged for a water discharge permit, except that the fee	41969
for the modification shall not exceed four hundred dollars.	41970

(4) A person who has entered into an agreement with the	41971
director under section 6111.14 of the Revised Code shall pay an	41972
administrative service fee for each plan submitted under that	41973
section for approval that shall not exceed the minimum amount	41974
necessary to pay administrative costs directly attributable to	41975
processing plan approvals. The director annually shall calculate	41976
the fee and shall notify all persons who have entered into	41977
agreements under that section, or who have applied for agreements,	41978
of the amount of the fee.	41979

(5)(a)(i) Not later than January 30, 2012, and January 30,	41980
2013, a person holding an NPDES discharge permit issued pursuant	41981
to Chapter 6111. of the Revised Code with an average daily	41982
discharge flow of five thousand gallons or more shall pay a	41983
nonrefundable annual discharge fee. Any person who fails to pay	41984
the fee at that time shall pay an additional amount that equals	41985
ten per cent of the required annual discharge fee.	41986

(ii) The billing year for the annual discharge fee	41987
established in division (L)(5)(a)(i) of this section shall consist	41988
of a twelve-month period beginning on the first day of January of	41989
the year preceding the date when the annual discharge fee is due.	41990
In the case of an existing source that permanently ceases to	41991
discharge during a billing year, the director shall reduce the	41992
annual discharge fee, including the surcharge applicable to	41993
certain industrial facilities pursuant to division (L)(5)(c) of	41994
this section, by one-twelfth for each full month during the	41995
billing year that the source was not discharging, but only if the	41996
person holding the NPDES discharge permit for the source notifies	41997
the director in writing, not later than the first day of October	41998
of the billing year, of the circumstances causing the cessation of	41999
discharge.	42000

(iii) The annual discharge fee established in division	42001
(L)(5)(a)(i) of this section, except for the surcharge applicable	42002
to certain industrial facilities pursuant to division (L)(5)(c) of	42003
this section, shall be based upon the average daily discharge flow	42004
in gallons per day calculated using first day of May through	42005
thirty-first day of October flow data for the period two years	42006
prior to the date on which the fee is due. In the case of NPDES	42007
discharge permits for new sources, the fee shall be calculated	42008
using the average daily design flow of the facility until actual	42009
average daily discharge flow values are available for the time	42010
period specified in division (L)(5)(a)(iii) of this section. The	42011
annual discharge fee may be prorated for a new source as described	42012
in division (L)(5)(a)(ii) of this section.	42013

(b) An NPDES permit holder that is a public discharger shall	42014
pay the fee specified in the following schedule:	42015

Average daily	Fee due by	42016
discharge flow	January 30,	42017
	2012, and	42018
	January 30, 2013	42019

5,000 to 49,999	$ 200	42020
50,000 to 100,000	500	42021
100,001 to 250,000	1,050	42022
250,001 to 1,000,000	2,600	42023
1,000,001 to 5,000,000	5,200	42024
5,000,001 to 10,000,000	10,350	42025
10,000,001 to 20,000,000	15,550	42026
20,000,001 to 50,000,000	25,900	42027
50,000,001 to 100,000,000	41,400	42028
100,000,001 or more	62,100	42029

Public dischargers owning or operating two or more publicly	42030
owned treatment works serving the same political subdivision, as	42031
"treatment works" is defined in section 6111.01 of the Revised	42032
Code, and that serve exclusively political subdivisions having a	42033
population of fewer than one hundred thousand shall pay an annual	42034
discharge fee under division (L)(5)(b) of this section that is	42035
based on the combined average daily discharge flow of the	42036
treatment works.	42037

(c) An NPDES permit holder that is an industrial discharger,	42038
other than a coal mining operator identified by P in the third	42039
character of the permittee's NPDES permit number, shall pay the	42040
fee specified in the following schedule:	42041

Average daily	Fee due by	42042
discharge flow	January 30,	42043
	2012, and	42044
	January 30, 2013	42045

5,000 to 49,999	$ 250	42046
50,000 to 250,000	1,200	42047
250,001 to 1,000,000	2,950	42048
1,000,001 to 5,000,000	5,850	42049
5,000,001 to 10,000,000	8,800	42050
10,000,001 to 20,000,000	11,700	42051
20,000,001 to 100,000,000	14,050	42052
100,000,001 to 250,000,000	16,400	42053
250,000,001 or more	18,700	42054

In addition to the fee specified in the above schedule, an	42055
NPDES permit holder that is an industrial discharger classified as	42056
a major discharger during all or part of the annual discharge fee	42057
billing year specified in division (L)(5)(a)(ii) of this section	42058
shall pay a nonrefundable annual surcharge of seven thousand five	42059
hundred dollars not later than January 30, 2012, and not later	42060
than January 30, 2013. Any person who fails to pay the surcharge	42061
at that time shall pay an additional amount that equals ten per	42062
cent of the amount of the surcharge.	42063

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	42064
section, a public discharger identified by I in the third	42065
character of the permittee's NPDES permit number and an industrial	42066
discharger identified by I, J, L, V, W, X, Y, or Z in the third	42067
character of the permittee's NPDES permit number shall pay a	42068
nonrefundable annual discharge fee of one hundred eighty dollars	42069
not later than January 30, 2012, and not later than January 30,	42070
2013. Any person who fails to pay the fee at that time shall pay	42071
an additional amount that equals ten per cent of the required fee.	42072

(6) Each person obtaining a national pollutant discharge	42073
elimination system general or individual permit for municipal	42074
storm water discharge shall pay a nonrefundable storm water	42075
discharge fee of one hundred dollars per square mile of area	42076
permitted. The fee shall not exceed ten thousand dollars and shall	42077
be payable on or before January 30, 2004, and the thirtieth day of	42078
January of each year thereafter. Any person who fails to pay the	42079
fee on the date specified in division (L)(6) of this section shall	42080
pay an additional amount per year equal to ten per cent of the	42081
annual fee that is unpaid.	42082

(7) The director shall transmit all moneys collected under	42083
division (L) of this section to the treasurer of state for deposit	42084
into the state treasury to the credit of the surface water	42085
protection fund created in section 6111.038 of the Revised Code.	42086

(8) As used in division (L) of this section:

42087

(a) "NPDES" means the federally approved national pollutant	42088
discharge elimination system program for issuing, modifying,	42089
revoking, reissuing, terminating, monitoring, and enforcing	42090
permits and imposing and enforcing pretreatment requirements under	42091
Chapter 6111. of the Revised Code and rules adopted under it.	42092

(b) "Public discharger" means any holder of an NPDES permit	42093
identified by P in the second character of the NPDES permit number	42094
assigned by the director.	42095

(c) "Industrial discharger" means any holder of an NPDES	42096
permit identified by I in the second character of the NPDES permit	42097
number assigned by the director.	42098

(d) "Major discharger" means any holder of an NPDES permit	42099
classified as major by the regional administrator of the United	42100
States environmental protection agency in conjunction with the	42101
director.	42102

(M) Through June 30, 2014, a person applying for a license or	42103
license renewal to operate a public water system under section	42104
6109.21 of the Revised Code shall pay the appropriate fee	42105
established under this division at the time of application to the	42106
director. Any person who fails to pay the fee at that time shall	42107
pay an additional amount that equals ten per cent of the required	42108
fee. The director shall transmit all moneys collected under this	42109
division to the treasurer of state for deposit into the drinking	42110
water protection fund created in section 6109.30 of the Revised	42111
Code.	42112

Except as provided in division (M)(4) of this section, fees	42113
required under this division shall be calculated and paid in	42114
accordance with the following schedule:	42115

(1) For the initial license required under ~~division (A)(1) of~~	42116
section 6109.21 of the Revised Code for any public water system	42117
that is a community water system as defined in section 6109.01 of	42118
the Revised Code, and for each license renewal required for such a	42119
system prior to January 31, 2014, the fee is:	42120

Number of service connections		Fee amount	42121
	Not more than 49	$ 112	42122
	50 to 99	176	42123

Number of service connections		Average cost per connection	42124
	100 to 2,499	$ 1.92	42125
	2,500 to 4,999	1.48	42126
	5,000 to 7,499	1.42	42127
	7,500 to 9,999	1.34	42128
	10,000 to 14,999	1.16	42129
	15,000 to 24,999	1.10	42130
	25,000 to 49,999	1.04	42131
	50,000 to 99,999	.92	42132
	100,000 to 149,999	.86	42133
	150,000 to 199,999	.80	42134
	200,000 or more	.76	42135

A public water system may determine how it will pay the total	42136
amount of the fee calculated under division (M)(1) of this	42137
section, including the assessment of additional user fees that may	42138
be assessed on a volumetric basis.	42139

As used in division (M)(1) of this section, "service	42140
connection" means the number of active or inactive pipes,	42141
goosenecks, pigtails, and any other fittings connecting a water	42142
main to any building outlet.	42143

(2) For the initial license required under ~~division (A)(2) of~~	42144
section 6109.21 of the Revised Code for any public water system	42145
that is not a community water system and serves a nontransient	42146
population, and for each license renewal required for such a	42147
system prior to January 31, 2014, the fee is:	42148

Population served	Fee amount	42149
Fewer than 150	$ 112	42150
150 to 299	176	42151
300 to 749	384	42152
750 to 1,499	628	42153
1,500 to 2,999	1,268	42154
3,000 to 7,499	2,816	42155
7,500 to 14,999	5,510	42156
15,000 to 22,499	9,048	42157
22,500 to 29,999	12,430	42158
30,000 or more	16,820	42159

As used in division (M)(2) of this section, "population	42160
served" means the total number of individuals having access to the	42161
water supply during a twenty-four-hour period for at least sixty	42162
days during any calendar year. In the absence of a specific	42163
population count, that number shall be calculated at the rate of	42164
three individuals per service connection.	42165

(3) For the initial license required under ~~division (A)(3) of~~	42166
section 6109.21 of the Revised Code for any public water system	42167
that is not a community water system and serves a transient	42168
population, and for each license renewal required for such a	42169
system prior to January 31, 2014, the fee is:	42170

Number of wells or sources, other than surface water, supplying system		Fee amount	42171
	1	$112	42172
	2	112	42173
	3	176	42174
	4	278	42175
	5	568	42176
	System designated as using a		42177
	surface water source	792	42178

As used in division (M)(3) of this section, "number of wells	42179
or sources, other than surface water, supplying system" means	42180
those wells or sources that are physically connected to the	42181
plumbing system serving the public water system.	42182

(4) A public water system designated as using a surface water	42183
source shall pay a fee of seven hundred ninety-two dollars or the	42184
amount calculated under division (M)(1) or (2) of this section,	42185
whichever is greater.	42186

(N)(1) A person applying for a plan approval for a public	42187
water supply system under section 6109.07 of the Revised Code	42188
shall pay a fee of one hundred fifty dollars plus thirty-five	42189
hundredths of one per cent of the estimated project cost, except	42190
that the total fee shall not exceed twenty thousand dollars	42191
through June 30, 2014, and fifteen thousand dollars on and after	42192
July 1, 2014. The fee shall be paid at the time the application is	42193
submitted.	42194

(2) A person who has entered into an agreement with the	42195
director under division (A)(2) of section 6109.07 of the Revised	42196
Code shall pay an administrative service fee for each plan	42197
submitted under that section for approval that shall not exceed	42198
the minimum amount necessary to pay administrative costs directly	42199
attributable to processing plan approvals. The director annually	42200
shall calculate the fee and shall notify all persons that have	42201
entered into agreements under that division, or who have applied	42202
for agreements, of the amount of the fee.	42203

(3) Through June 30, 2014, the following fee, on a per survey	42204
basis, shall be charged any person for services rendered by the	42205
state in the evaluation of laboratories and laboratory personnel	42206
for compliance with accepted analytical techniques and procedures	42207
established pursuant to Chapter 6109. of the Revised Code for	42208
determining the qualitative characteristics of water:	42209

microbiological			42210
	MMO-MUG	$2,000	42211
	MF	2,100	42212
	MMO-MUG and MF	2,550	42213
organic chemical		5,400	42214
trace metals		5,400	42215
standard chemistry		2,800	42216
limited chemistry		1,550	42217

On and after July 1, 2014, the following fee, on a per survey	42218
basis, shall be charged any such person:	42219

microbiological	$ 1,650	42220
organic chemicals	3,500	42221
trace metals	3,500	42222
standard chemistry	1,800	42223
limited chemistry	1,000	42224

The fee for those services shall be paid at the time the request	42225
for the survey is made. Through June 30, 2014, an individual	42226
laboratory shall not be assessed a fee under this division more	42227
than once in any three-year period unless the person requests the	42228
addition of analytical methods or analysts, in which case the	42229
person shall pay eighteen hundred dollars for each additional	42230
survey requested.	42231

As used in division (N)(3) of this section:

42232

(a) "MF" means microfiltration.

42233

(b) "MMO" means minimal medium ONPG.

42234

42235

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

42236

The director shall transmit all moneys collected under this	42237
division to the treasurer of state for deposit into the drinking	42238
water protection fund created in section 6109.30 of the Revised	42239
Code.	42240

(O) Any person applying to the director ~~for~~to take an	42241
examination for certification as an operator of a water supply	42242
system or wastewater system under Chapter 6109. or 6111. of the	42243
Revised Code that is administered by the director, at the time the	42244
application is submitted, shall pay ~~an application fee of~~	42245
~~forty-five dollars through November 30, 2014, and twenty-five~~	42246
~~dollars on and after December 1, 2014. Upon approval from the~~	42247
~~director that the applicant is eligible to take the examination~~	42248
~~therefor, the applicant shall pay~~ a fee in accordance with the	42249
following schedule through November 30, 2014:	42250

Class A operator	$35 80	42251
Class I operator	60 105	42252
Class II operator	75 120	42253
Class III operator	85 130	42254
Class IV operator	~~100~~ 145	42255

On and after December 1, 2014, the applicant shall pay a fee	42256
in accordance with the following schedule:	42257

Class A operator	$25 50	42258
Class I operator	~~$45~~ 70	42259
Class II operator	55 80	42260
Class III operator	65 90	42261
Class IV operator	75 100	42262

Any person applying to the director for certification as an	42263
operator of a water supply system or wastewater system who has	42264
passed an examination administered by an examination provider	42265
approved by the director shall pay a certification fee of	42266
forty-five dollars.	42267

A person shall pay a biennial certification renewal fee for	42268
each applicable class of certification in accordance with the	42269
following schedule:	42270

Class A operator	$25	42271
Class I operator	35	42272
Class II operator	45	42273
Class III operator	55	42274
Class IV operator	65	42275

If a certification renewal fee is received by the director	42276
more than thirty days, but not more than one year after the	42277
expiration date of the certification, the person shall pay a	42278
certification renewal fee in accordance with the following	42279
schedule:	42280

Class A operator	$45	42281
Class I operator	55	42282
Class II operator	65	42283
Class III operator	75	42284
Class IV operator	85	42285

A person who requests a replacement certificate shall pay a	42286
fee of twenty-five dollars at the time the request is made.	42287

Any person applying to be a water supply system or wastewater	42288
treatment system examination provider shall pay an application fee	42289
of five hundred dollars. Any person approved by the director as a	42290
water supply system or wastewater treatment system examination	42291
provider shall pay an annual fee that is equal to ten per cent of	42292
the fees that the provider assesses and collects for administering	42293
water supply system or wastewater treatment system certification	42294
examinations in this state for the calendar year. The fee shall be	42295
paid not later than forty-five days after the end of a calendar	42296
year.	42297

The director shall transmit all moneys collected under this	42298
division to the treasurer of state for deposit into the drinking	42299
water protection fund created in section 6109.30 of the Revised	42300
Code.	42301

(P) Any person submitting an application for an industrial	42302
water pollution control certificate under section 6111.31 of the	42303
Revised Code, as that section existed before its repeal by H.B. 95	42304
of the 125th general assembly, shall pay a nonrefundable fee of	42305
five hundred dollars at the time the application is submitted. The	42306
director shall transmit all moneys collected under this division	42307
to the treasurer of state for deposit into the surface water	42308
protection fund created in section 6111.038 of the Revised Code. A	42309
person paying a certificate fee under this division shall not pay	42310
an application fee under division (S)(1) of this section. On and	42311
after June 26, 2003, persons shall file such applications and pay	42312
the fee as required under sections 5709.20 to 5709.27 of the	42313
Revised Code, and proceeds from the fee shall be credited as	42314
provided in section 5709.212 of the Revised Code.	42315

(Q) Except as otherwise provided in division (R) of this	42316
section, a person issued a permit by the director for a new solid	42317
waste disposal facility other than an incineration or composting	42318
facility, a new infectious waste treatment facility other than an	42319
incineration facility, or a modification of such an existing	42320
facility that includes an increase in the total disposal or	42321
treatment capacity of the facility pursuant to Chapter 3734. of	42322
the Revised Code shall pay a fee of ten dollars per thousand cubic	42323
yards of disposal or treatment capacity, or one thousand dollars,	42324
whichever is greater, except that the total fee for any such	42325
permit shall not exceed eighty thousand dollars. A person issued a	42326
modification of a permit for a solid waste disposal facility or an	42327
infectious waste treatment facility that does not involve an	42328
increase in the total disposal or treatment capacity of the	42329
facility shall pay a fee of one thousand dollars. A person issued	42330
a permit to install a new, or modify an existing, solid waste	42331
transfer facility under that chapter shall pay a fee of two	42332
thousand five hundred dollars. A person issued a permit to install	42333
a new or to modify an existing solid waste incineration or	42334
composting facility, or an existing infectious waste treatment	42335
facility using incineration as its principal method of treatment,	42336
under that chapter shall pay a fee of one thousand dollars. The	42337
increases in the permit fees under this division resulting from	42338
the amendments made by Amended Substitute House Bill 592 of the	42339
117th general assembly do not apply to any person who submitted an	42340
application for a permit to install a new, or modify an existing,	42341
solid waste disposal facility under that chapter prior to	42342
September 1, 1987; any such person shall pay the permit fee	42343
established in this division as it existed prior to June 24, 1988.	42344
In addition to the applicable permit fee under this division, a	42345
person issued a permit to install or modify a solid waste facility	42346
or an infectious waste treatment facility under that chapter who	42347
fails to pay the permit fee to the director in compliance with	42348
division (V) of this section shall pay an additional ten per cent	42349
of the amount of the fee for each week that the permit fee is	42350
late.	42351

Permit and late payment fees paid to the director under this	42352
division shall be credited to the general revenue fund.	42353

(R)(1) A person issued a registration certificate for a scrap	42354
tire collection facility under section 3734.75 of the Revised Code	42355
shall pay a fee of two hundred dollars, except that if the	42356
facility is owned or operated by a motor vehicle salvage dealer	42357
licensed under Chapter 4738. of the Revised Code, the person shall	42358
pay a fee of twenty-five dollars.	42359

(2) A person issued a registration certificate for a new	42360
scrap tire storage facility under section 3734.76 of the Revised	42361
Code shall pay a fee of three hundred dollars, except that if the	42362
facility is owned or operated by a motor vehicle salvage dealer	42363
licensed under Chapter 4738. of the Revised Code, the person shall	42364
pay a fee of twenty-five dollars.	42365

(3) A person issued a permit for a scrap tire storage	42366
facility under section 3734.76 of the Revised Code shall pay a fee	42367
of one thousand dollars, except that if the facility is owned or	42368
operated by a motor vehicle salvage dealer licensed under Chapter	42369
4738. of the Revised Code, the person shall pay a fee of fifty	42370
dollars.	42371

(4) A person issued a permit for a scrap tire monocell or	42372
monofill facility under section 3734.77 of the Revised Code shall	42373
pay a fee of ten dollars per thousand cubic yards of disposal	42374
capacity or one thousand dollars, whichever is greater, except	42375
that the total fee for any such permit shall not exceed eighty	42376
thousand dollars.	42377

(5) A person issued a registration certificate for a scrap	42378
tire recovery facility under section 3734.78 of the Revised Code	42379
shall pay a fee of one hundred dollars.	42380

(6) A person issued a permit for a scrap tire recovery	42381
facility under section 3734.78 of the Revised Code shall pay a fee	42382
of one thousand dollars.	42383

(7) In addition to the applicable registration certificate or	42384
permit fee under divisions (R)(1) to (6) of this section, a person	42385
issued a registration certificate or permit for any such scrap	42386
tire facility who fails to pay the registration certificate or	42387
permit fee to the director in compliance with division (V) of this	42388
section shall pay an additional ten per cent of the amount of the	42389
fee for each week that the fee is late.	42390

(8) The registration certificate, permit, and late payment	42391
fees paid to the director under divisions (R)(1) to (7) of this	42392
section shall be credited to the scrap tire management fund	42393
created in section 3734.82 of the Revised Code.	42394

(S)(1) Except as provided by divisions (L), (M), (N), (O),	42395
(P), and (S)(2) of this section, division (A)(2) of section	42396
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	42397
and rules adopted under division (T)(1) of this section, any	42398
person applying for a registration certificate under section	42399
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	42400
variance, or plan approval under Chapter 3734. of the Revised Code	42401
shall pay a nonrefundable fee of fifteen dollars at the time the	42402
application is submitted.	42403

Except as otherwise provided, any person applying for a	42404
permit, variance, or plan approval under Chapter 6109. or 6111. of	42405
the Revised Code shall pay a nonrefundable fee of one hundred	42406
dollars at the time the application is submitted through June 30,	42407
2014, and a nonrefundable fee of fifteen dollars at the time the	42408
application is submitted on and after July 1, 2014. Except as	42409
provided in division (S)(3) of this section, through June 30,	42410
2014, any person applying for a national pollutant discharge	42411
elimination system permit under Chapter 6111. of the Revised Code	42412
shall pay a nonrefundable fee of two hundred dollars at the time	42413
of application for the permit. On and after July 1, 2014, such a	42414
person shall pay a nonrefundable fee of fifteen dollars at the	42415
time of application.	42416

In addition to the application fee established under division	42417
(S)(1) of this section, any person applying for a national	42418
pollutant discharge elimination system general storm water	42419
construction permit shall pay a nonrefundable fee of twenty	42420
dollars per acre for each acre that is permitted above five acres	42421
at the time the application is submitted. However, the per acreage	42422
fee shall not exceed three hundred dollars. In addition, any	42423
person applying for a national pollutant discharge elimination	42424
system general storm water industrial permit shall pay a	42425
nonrefundable fee of one hundred fifty dollars at the time the	42426
application is submitted.	42427

The director shall transmit all moneys collected under	42428
division (S)(1) of this section pursuant to Chapter 6109. of the	42429
Revised Code to the treasurer of state for deposit into the	42430
drinking water protection fund created in section 6109.30 of the	42431
Revised Code.	42432

The director shall transmit all moneys collected under	42433
division (S)(1) of this section pursuant to Chapter 6111. of the	42434
Revised Code and under division (S)(3) of this section to the	42435
treasurer of state for deposit into the surface water protection	42436
fund created in section 6111.038 of the Revised Code.	42437

If a registration certificate is issued under section	42438
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	42439
the application fee paid shall be deducted from the amount of the	42440
registration certificate fee due under division (R)(1), (2), or	42441
(5) of this section, as applicable.	42442

If a person submits an electronic application for a	42443
registration certificate, permit, variance, or plan approval for	42444
which an application fee is established under division (S)(1) of	42445
this section, the person shall pay the applicable application fee	42446
as expeditiously as possible after the submission of the	42447
electronic application. An application for a registration	42448
certificate, permit, variance, or plan approval for which an	42449
application fee is established under division (S)(1) of this	42450
section shall not be reviewed or processed until the applicable	42451
application fee, and any other fees established under this	42452
division, are paid.	42453

(2) Division (S)(1) of this section does not apply to an	42454
application for a registration certificate for a scrap tire	42455
collection or storage facility submitted under section 3734.75 or	42456
3734.76 of the Revised Code, as applicable, if the owner or	42457
operator of the facility or proposed facility is a motor vehicle	42458
salvage dealer licensed under Chapter 4738. of the Revised Code.	42459

(3) A person applying for coverage under a national pollutant	42460
discharge elimination system general discharge permit for	42461
household sewage treatment systems shall pay the following fees:	42462

(a) A nonrefundable fee of two hundred dollars at the time of	42463
application for initial permit coverage;	42464

(b) A nonrefundable fee of one hundred dollars at the time of	42465
application for a renewal of permit coverage.	42466

(T) The director may adopt, amend, and rescind rules in	42467
accordance with Chapter 119. of the Revised Code that do all of	42468
the following:	42469

(1) Prescribe fees to be paid by applicants for and holders	42470
of any license, permit, variance, plan approval, or certification	42471
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	42472
the Revised Code that are not specifically established in this	42473
section. The fees shall be designed to defray the cost of	42474
processing, issuing, revoking, modifying, denying, and enforcing	42475
the licenses, permits, variances, plan approvals, and	42476
certifications.	42477

The director shall transmit all moneys collected under rules	42478
adopted under division (T)(1) of this section pursuant to Chapter	42479
6109. of the Revised Code to the treasurer of state for deposit	42480
into the drinking water protection fund created in section 6109.30	42481
of the Revised Code.	42482

The director shall transmit all moneys collected under rules	42483
adopted under division (T)(1) of this section pursuant to Chapter	42484
6111. of the Revised Code to the treasurer of state for deposit	42485
into the surface water protection fund created in section 6111.038	42486
of the Revised Code.	42487

(2) Exempt the state and political subdivisions thereof,	42488
including education facilities or medical facilities owned by the	42489
state or a political subdivision, or any person exempted from	42490
taxation by section 5709.07 or 5709.12 of the Revised Code, from	42491
any fee required by this section;	42492

(3) Provide for the waiver of any fee, or any part thereof,	42493
otherwise required by this section whenever the director	42494
determines that the imposition of the fee would constitute an	42495
unreasonable cost of doing business for any applicant, class of	42496
applicants, or other person subject to the fee;	42497

(4) Prescribe measures that the director considers necessary	42498
to carry out this section.	42499

(U) When the director reasonably demonstrates that the direct	42500
cost to the state associated with the issuance of a permit to	42501
install, license, variance, plan approval, or certification	42502
exceeds the fee for the issuance or review specified by this	42503
section, the director may condition the issuance or review on the	42504
payment by the person receiving the issuance or review of, in	42505
addition to the fee specified by this section, the amount, or any	42506
portion thereof, in excess of the fee specified under this	42507
section. The director shall not so condition issuances for which	42508
~~fees are~~a fee is prescribed in ~~divisions (B)(7) and~~division	42509
(L)(1)(b) of this section.	42510

(V) Except as provided in divisions (L), (M), and (P) of this	42511
section or unless otherwise prescribed by a rule of the director	42512
adopted pursuant to Chapter 119. of the Revised Code, all fees	42513
required by this section are payable within thirty days after the	42514
issuance of an invoice for the fee by the director or the	42515
effective date of the issuance of the license, permit, variance,	42516
plan approval, or certification. If payment is late, the person	42517
responsible for payment of the fee shall pay an additional ten per	42518
cent of the amount due for each month that it is late.	42519

(W) As used in this section, "fuel-burning equipment,"	42520
"fuel-burning equipment input capacity," "incinerator,"	42521
"incinerator input capacity," "process," "process weight rate,"	42522
"storage tank," "gasoline dispensing facility," "dry cleaning	42523
facility," "design flow discharge," and "new source treatment	42524
works" have the meanings ascribed to those terms by applicable	42525
rules or standards adopted by the director under Chapter 3704. or	42526
6111. of the Revised Code.	42527

(X) As used in divisions (B), ~~(C),~~ (D), (E), (F), (H), (I),	42528
and (J) of this section, and in any other provision of this	42529
section pertaining to fees paid pursuant to Chapter 3704. of the	42530
Revised Code:	42531

(1) "Facility," "federal Clean Air Act," "person," and "Title	42532
V permit" have the same meanings as in section 3704.01 of the	42533
Revised Code.	42534

(2) "Title V permit program" means the following activities	42535
as necessary to meet the requirements of Title V of the federal	42536
Clean Air Act and 40 C.F.R. part 70, including at least:	42537

(a) Preparing and adopting, if applicable, generally	42538
applicable rules or guidance regarding the permit program or its	42539
implementation or enforcement;	42540

(b) Reviewing and acting on any application for a Title V	42541
permit, permit revision, or permit renewal, including the	42542
development of an applicable requirement as part of the processing	42543
of a permit, permit revision, or permit renewal;	42544

(c) Administering the permit program, including the	42545
supporting and tracking of permit applications, compliance	42546
certification, and related data entry;	42547

(d) Determining which sources are subject to the program and	42548
implementing and enforcing the terms of any Title V permit, not	42549
including any court actions or other formal enforcement actions;	42550

(e) Emission and ambient monitoring;

42551

(f) Modeling, analyses, or demonstrations;

42552

(g) Preparing inventories and tracking emissions;

42553

(h) Providing direct and indirect support to small business	42554
stationary sources to determine and meet their obligations under	42555
the federal Clean Air Act pursuant to the small business	42556
stationary source technical and environmental compliance	42557
assistance program required by section 507 of that act and	42558
established in sections 3704.18, 3704.19, and 3706.19 of the	42559
Revised Code.	42560

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	42561
of this section, each sewage sludge facility shall pay a	42562
nonrefundable annual sludge fee equal to three dollars and fifty	42563
cents per dry ton of sewage sludge, including the dry tons of	42564
sewage sludge in materials derived from sewage sludge, that the	42565
sewage sludge facility treats or disposes of in this state. The	42566
annual volume of sewage sludge treated or disposed of by a sewage	42567
sludge facility shall be calculated using the first day of January	42568
through the thirty-first day of December of the calendar year	42569
preceding the date on which payment of the fee is due.	42570

(2)(a) Except as provided in division (Y)(2)(d) of this	42571
section, each sewage sludge facility shall pay a minimum annual	42572
sewage sludge fee of one hundred dollars.	42573

(b) The annual sludge fee required to be paid by a sewage	42574
sludge facility that treats or disposes of exceptional quality	42575
sludge in this state shall be thirty-five per cent less per dry	42576
ton of exceptional quality sludge than the fee assessed under	42577
division (Y)(1) of this section, subject to the following	42578
exceptions:	42579

(i) Except as provided in division (Y)(2)(d) of this section,	42580
a sewage sludge facility that treats or disposes of exceptional	42581
quality sludge shall pay a minimum annual sewage sludge fee of one	42582
hundred dollars.	42583

(ii) A sewage sludge facility that treats or disposes of	42584
exceptional quality sludge shall not be required to pay the annual	42585
sludge fee for treatment or disposal in this state of exceptional	42586
quality sludge generated outside of this state and contained in	42587
bags or other containers not greater than one hundred pounds in	42588
capacity.	42589

A thirty-five per cent reduction for exceptional quality	42590
sludge applies to the maximum annual fees established under	42591
division (Y)(3) of this section.	42592

(c) A sewage sludge facility that transfers sewage sludge to	42593
another sewage sludge facility in this state for further treatment	42594
prior to disposal in this state shall not be required to pay the	42595
annual sludge fee for the tons of sewage sludge that have been	42596
transferred. In such a case, the sewage sludge facility that	42597
disposes of the sewage sludge shall pay the annual sludge fee.	42598
However, the facility transferring the sewage sludge shall pay the	42599
one-hundred-dollar minimum fee required under division (Y)(2)(a)	42600
of this section.	42601

In the case of a sewage sludge facility that treats sewage	42602
sludge in this state and transfers it out of this state to another	42603
entity for disposal, the sewage sludge facility in this state	42604
shall be required to pay the annual sludge fee for the tons of	42605
sewage sludge that have been transferred.	42606

(d) A sewage sludge facility that generates sewage sludge	42607
resulting from an average daily discharge flow of less than five	42608
thousand gallons per day is not subject to the fees assessed under	42609
division (Y) of this section.	42610

(3) No sewage sludge facility required to pay the annual	42611
sludge fee shall be required to pay more than the maximum annual	42612
fee for each disposal method that the sewage sludge facility uses.	42613
The maximum annual fee does not include the additional amount that	42614
may be charged under division (Y)(5) of this section for late	42615
payment of the annual sludge fee. The maximum annual fee for the	42616
following methods of disposal of sewage sludge is as follows:	42617

(a) Incineration: five thousand dollars;

42618

(b) Preexisting land reclamation project or disposal in a	42619
landfill: five thousand dollars;	42620

(c) Land application, land reclamation, surface disposal, or	42621
any other disposal method not specified in division (Y)(3)(a) or	42622
(b) of this section: twenty thousand dollars.	42623

(4)(a) In the case of an entity that generates sewage sludge	42624
or a sewage sludge facility that treats sewage sludge and	42625
transfers the sewage sludge to an incineration facility for	42626
disposal, the incineration facility, and not the entity generating	42627
the sewage sludge or the sewage sludge facility treating the	42628
sewage sludge, shall pay the annual sludge fee for the tons of	42629
sewage sludge that are transferred. However, the entity or	42630
facility generating or treating the sewage sludge shall pay the	42631
one-hundred-dollar minimum fee required under division (Y)(2)(a)	42632
of this section.	42633

(b) In the case of an entity that generates sewage sludge and	42634
transfers the sewage sludge to a landfill for disposal or to a	42635
sewage sludge facility for land reclamation or surface disposal,	42636
the entity generating the sewage sludge, and not the landfill or	42637
sewage sludge facility, shall pay the annual sludge fee for the	42638
tons of sewage sludge that are transferred.	42639

(5) Not later than the first day of April of the calendar	42640
year following March 17, 2000, and each first day of April	42641
thereafter, the director shall issue invoices to persons who are	42642
required to pay the annual sludge fee. The invoice shall identify	42643
the nature and amount of the annual sludge fee assessed and state	42644
the first day of May as the deadline for receipt by the director	42645
of objections regarding the amount of the fee and the first day of	42646
July as the deadline for payment of the fee.	42647

Not later than the first day of May following receipt of an	42648
invoice, a person required to pay the annual sludge fee may submit	42649
objections to the director concerning the accuracy of information	42650
regarding the number of dry tons of sewage sludge used to	42651
calculate the amount of the annual sludge fee or regarding whether	42652
the sewage sludge qualifies for the exceptional quality sludge	42653
discount established in division (Y)(2)(b) of this section. The	42654
director may consider the objections and adjust the amount of the	42655
fee to ensure that it is accurate.	42656

If the director does not adjust the amount of the annual	42657
sludge fee in response to a person's objections, the person may	42658
appeal the director's determination in accordance with Chapter	42659
119. of the Revised Code.	42660

Not later than the first day of June, the director shall	42661
notify the objecting person regarding whether the director has	42662
found the objections to be valid and the reasons for the finding.	42663
If the director finds the objections to be valid and adjusts the	42664
amount of the annual sludge fee accordingly, the director shall	42665
issue with the notification a new invoice to the person	42666
identifying the amount of the annual sludge fee assessed and	42667
stating the first day of July as the deadline for payment.	42668

Not later than the first day of July, any person who is	42669
required to do so shall pay the annual sludge fee. Any person who	42670
is required to pay the fee, but who fails to do so on or before	42671
that date shall pay an additional amount that equals ten per cent	42672
of the required annual sludge fee.	42673

(6) The director shall transmit all moneys collected under	42674
division (Y) of this section to the treasurer of state for deposit	42675
into the surface water protection fund created in section 6111.038	42676
of the Revised Code. The moneys shall be used to defray the costs	42677
of administering and enforcing provisions in Chapter 6111. of the	42678
Revised Code and rules adopted under it that govern the use,	42679
storage, treatment, or disposal of sewage sludge.	42680

(7) Beginning in fiscal year 2001, and every two years	42681
thereafter, the director shall review the total amount of moneys	42682
generated by the annual sludge fees to determine if that amount	42683
exceeded six hundred thousand dollars in either of the two	42684
preceding fiscal years. If the total amount of moneys in the fund	42685
exceeded six hundred thousand dollars in either fiscal year, the	42686
director, after review of the fee structure and consultation with	42687
affected persons, shall issue an order reducing the amount of the	42688
fees levied under division (Y) of this section so that the	42689
estimated amount of moneys resulting from the fees will not exceed	42690
six hundred thousand dollars in any fiscal year.	42691

If, upon review of the fees under division (Y)(7) of this	42692
section and after the fees have been reduced, the director	42693
determines that the total amount of moneys collected and	42694
accumulated is less than six hundred thousand dollars, the	42695
director, after review of the fee structure and consultation with	42696
affected persons, may issue an order increasing the amount of the	42697
fees levied under division (Y) of this section so that the	42698
estimated amount of moneys resulting from the fees will be	42699
approximately six hundred thousand dollars. Fees shall never be	42700
increased to an amount exceeding the amount specified in division	42701
(Y)(7) of this section.	42702

Notwithstanding section 119.06 of the Revised Code, the	42703
director may issue an order under division (Y)(7) of this section	42704
without the necessity to hold an adjudicatory hearing in	42705
connection with the order. The issuance of an order under this	42706
division is not an act or action for purposes of section 3745.04	42707
of the Revised Code.	42708

(8) As used in division (Y) of this section:

42709

(a) "Sewage sludge facility" means an entity that performs	42710
treatment on or is responsible for the disposal of sewage sludge.	42711

(b) "Sewage sludge" means a solid, semi-solid, or liquid	42712
residue generated during the treatment of domestic sewage in a	42713
treatment works as defined in section 6111.01 of the Revised Code.	42714
"Sewage sludge" includes, but is not limited to, scum or solids	42715
removed in primary, secondary, or advanced wastewater treatment	42716
processes. "Sewage sludge" does not include ash generated during	42717
the firing of sewage sludge in a sewage sludge incinerator, grit	42718
and screenings generated during preliminary treatment of domestic	42719
sewage in a treatment works, animal manure, residue generated	42720
during treatment of animal manure, or domestic septage.	42721

(c) "Exceptional quality sludge" means sewage sludge that	42722
meets all of the following qualifications:	42723

(i) Satisfies the class A pathogen standards in 40 C.F.R.	42724
503.32(a);	42725

(ii) Satisfies one of the vector attraction reduction	42726
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	42727

(iii) Does not exceed the ceiling concentration limitations	42728
for metals listed in table one of 40 C.F.R. 503.13;	42729

(iv) Does not exceed the concentration limitations for metals	42730
listed in table three of 40 C.F.R. 503.13.	42731

(d) "Treatment" means the preparation of sewage sludge for	42732
final use or disposal and includes, but is not limited to,	42733
thickening, stabilization, and dewatering of sewage sludge.	42734

(e) "Disposal" means the final use of sewage sludge,	42735
including, but not limited to, land application, land reclamation,	42736
surface disposal, or disposal in a landfill or an incinerator.	42737

(f) "Land application" means the spraying or spreading of	42738
sewage sludge onto the land surface, the injection of sewage	42739
sludge below the land surface, or the incorporation of sewage	42740
sludge into the soil for the purposes of conditioning the soil or	42741
fertilizing crops or vegetation grown in the soil.	42742

(g) "Land reclamation" means the returning of disturbed land	42743
to productive use.	42744

(h) "Surface disposal" means the placement of sludge on an	42745
area of land for disposal, including, but not limited to,	42746
monofills, surface impoundments, lagoons, waste piles, or	42747
dedicated disposal sites.	42748

(i) "Incinerator" means an entity that disposes of sewage	42749
sludge through the combustion of organic matter and inorganic	42750
matter in sewage sludge by high temperatures in an enclosed	42751
device.	42752

(j) "Incineration facility" includes all incinerators owned	42753
or operated by the same entity and located on a contiguous tract	42754
of land. Areas of land are considered to be contiguous even if	42755
they are separated by a public road or highway.	42756

(k) "Annual sludge fee" means the fee assessed under division	42757
(Y)(1) of this section.	42758

(l) "Landfill" means a sanitary landfill facility, as defined	42759
in rules adopted under section 3734.02 of the Revised Code, that	42760
is licensed under section 3734.05 of the Revised Code.	42761

(m) "Preexisting land reclamation project" means a	42762
property-specific land reclamation project that has been in	42763
continuous operation for not less than five years pursuant to	42764
approval of the activity by the director and includes the	42765
implementation of a community outreach program concerning the	42766
activity.	42767

Sec. 3745.112. During the month of August 1997, and	42768
biennially thereafter, the director of environmental protection	42769
shall enter into a contract for the performance of an independent	42770
evaluation of the Title V permit program to be conducted under the	42771
supervision of an independent certified public accountant. The	42772
evaluation shall review the finances, operations, revenues, costs,	42773
and expenditures of the Title V permit program under section	42774
3704.036 of the Revised Code and the Title V clean air fund	42775
created in section 3704.035 of the Revised Code. The findings of	42776
each such evaluation shall be set forth in a written report that	42777
shall include, without limitation, all of the following:	42778

(A) A review and analysis of all expenditures from the Title	42779
V clean air fund for the Title V permit program;	42780

(B) A review and analysis of all costs incurred by the	42781
environmental protection agency designated by the director to be	42782
costs of the Title V permit program;	42783

(C) A review and analysis of all expenditures from the Title	42784
V clean air fund for costs not designated by the director as costs	42785
of the Title V permit program;	42786

(D) A review and analysis of the adequacy of the fees	42787
assessed under division ~~(C)~~(B) of section 3745.11 for meeting the	42788
costs of the Title V permit program during the period reviewed by	42789
the evaluation.	42790

Upon completion of the written report of each evaluation	42791
required by this section, the director shall provide copies of the	42792
report to the governor and the general assembly and shall make	42793
copies of it available to the public.	42794

The reasonable and necessary expenses for conducting an	42795
evaluation required under this section are hereby deemed to be	42796
reasonable costs to administer the Title V permit program and	42797
shall be paid from moneys credited to the Title V clean air fund	42798
arising from the fees assessed under division ~~(C)~~(B) of section	42799
3745.11 of the Revised Code.	42800

Sec. 3748.04. The ~~public~~director of health ~~council~~, in	42801
accordance with Chapter 119. of the Revised Code, shall adopt and	42802
may amend or rescind rules doing all of the following:	42803

(A) Listing types of radioactive material for which licensure	42804
by its handler is required and types of radiation-generating	42805
equipment for which registration by its handler is required, and	42806
establishing requirements governing them. Rules adopted under	42807
division (A) of this section shall be compatible with applicable	42808
federal regulations and shall establish all of the following,	42809
without limitation:	42810

(1) Requirements governing both of the following:

42811

(a) The licensing and inspection of handlers of radioactive	42812
material. Standards established in rules adopted under division	42813
(A)(1)(a) of this section regarding byproduct material or any	42814
activity that results in the production of that material, to the	42815
extent practicable, shall be equivalent to or more stringent than	42816
applicable standards established by the United States nuclear	42817
regulatory commission.	42818

(b) The registration and inspection of handlers of	42819
radiation-generating equipment. Standards established in rules	42820
adopted under division (A)(1)(b) of this section, to the extent	42821
practicable, shall be equivalent to applicable standards	42822
established by the food and drug administration in the United	42823
States department of health and human services.	42824

(2) Identification of and requirements governing possession	42825
and use of specifically licensed and generally licensed quantities	42826
of radioactive material as either sealed sources or unsealed	42827
sources;	42828

(3) A procedure for the issuance of and the frequency of	42829
renewal of the licenses of handlers of radioactive material, other	42830
than a license for a facility for the disposal of low-level	42831
radioactive waste, and of the certificates of registration of	42832
handlers of radiation-generating equipment;	42833

(4) Procedures for suspending and revoking the licenses of	42834
handlers of radioactive material and the certificates of	42835
registration of handlers of radiation-generating equipment;	42836

(5) Criteria to be used by the director of health in amending	42837
the license of a handler of radioactive material or the	42838
certificate of registration of a handler of radiation-generating	42839
equipment subsequent to its issuance;	42840

(6) Criteria for achieving and maintaining compliance with	42841
this chapter and rules adopted under it by licensees and	42842
registrants;	42843

(7) Criteria governing environmental monitoring of licensed	42844
and registered activities to assess compliance with this chapter	42845
and rules adopted under it;	42846

(8) Fees for both of the following:

42847

(a) The licensing of handlers, other than facilities for the	42848
disposal of low-level radioactive waste, of radioactive material;	42849

(b) The registration of handlers, other than facilities that	42850
are, or are operated by, medical practitioners or	42851
medical-practitioner groups, of radiation-generating equipment.	42852

(9) A fee schedule for both of the following that includes	42853
fees for reviews, conducted during an inspection, of shielding	42854
plans or the adequacy of shielding:	42855

(a) The inspection of handlers of radioactive material;

42856

(b) The inspection of handlers, other than facilities that	42857
are, or are operated by, medical practitioners or	42858
medical-practitioner groups, of radiation-generating equipment.	42859

(B)(1) Identifying sources of radiation, circumstances of	42860
possession, use, or disposal of sources of radiation, and levels	42861
of radiation that constitute an unreasonable or unnecessary risk	42862
to human health or the environment;	42863

(2) Establishing requirements for the achievement and	42864
maintenance of compliance with standards for the receipt,	42865
possession, use, storage, installation, transfer, servicing, and	42866
disposal of sources of radiation to prevent levels of radiation	42867
that constitute an unreasonable or unnecessary risk to human	42868
health or the environment;	42869

(3) Requiring the maintenance of records on the receipt, use,	42870
storage, transfer, and disposal of radioactive material and on the	42871
radiological safety aspects of the use and maintenance of	42872
radiation-generating equipment.	42873

In adopting rules under divisions (A) and (B) of this	42874
section, the ~~council~~director shall use standards no less	42875
stringent than the "suggested state regulations for control of	42876
radiation" prepared by the conference of radiation control program	42877
directors, inc., and regulations adopted by the United States	42878
nuclear regulatory commission, the United States environmental	42879
protection agency, and the United States department of health and	42880
human services and shall consider reports of the national council	42881
on radiation protection and measurement and the relevant standards	42882
of the American national standards institute.	42883

(C) Establishing fees, procedures, and requirements for	42884
certification as a radiation expert, including all of the	42885
following, without limitation:	42886

(1) Minimum training and experience requirements;

42887

(2) Procedures for applying for certification;

42888

(3) Procedures for review of applications and issuance of	42889
certificates;	42890

(4) Procedures for suspending and revoking certification.

42891

(D) Establishing a schedule for inspection of sources of	42892
radiation and their shielding and surroundings;	42893

(E) Establishing the responsibilities of a radiation expert;

42894

(F) Establishing criteria for quality assurance programs for	42895
licensees of radioactive material and registrants of	42896
radiation-generating equipment;	42897

(G) Establishing fees to be paid by any facility that, on	42898
September 8, 1995, holds a license from the United States nuclear	42899
regulatory commission in order to provide moneys necessary for the	42900
transfer of licensing and other regulatory authority from the	42901
commission to the state pursuant to section 3748.03 of the Revised	42902
Code. Rules adopted under this division shall stipulate that fees	42903
so established do not apply to any functions dealing specifically	42904
with a facility for the disposal of low-level radioactive waste.	42905
Fees collected under this division shall be deposited into the	42906
state treasury to the credit of the general operations fund	42907
created in section 3701.83 of the Revised Code. The fees shall be	42908
used solely to administer and enforce this chapter and rules	42909
adopted under it.	42910

(H) Establishing fees to be collected annually from	42911
generators of low-level radioactive waste, which shall be based	42912
upon the volume and radioactivity of the waste generated and the	42913
costs of administering low-level radioactive waste management	42914
activities under this chapter and rules adopted under it. All fees	42915
collected under this division shall be deposited into the state	42916
treasury to the credit of the general operations fund created in	42917
section 3701.83 of the Revised Code. The fees shall be used solely	42918
to administer and enforce this chapter and rules adopted under it.	42919
Any fee required under this division that ~~has not been paid within~~	42920
~~ninety days~~remains unpaid on the ninety-first day after the	42921
original invoice date shall be assessed ~~at two times~~an additional	42922
amount equal to ten per cent of the original ~~invoiced~~ fee. ~~Any fee~~	42923
~~that has not been paid within one hundred eighty days after the~~	42924
~~invoice date shall be assessed at five times the original invoiced~~	42925
~~fee.~~	42926

(I) Establishing requirements governing closure,	42927
decontamination, decommissioning, reclamation, and long-term	42928
surveillance and care of a facility licensed under this chapter	42929
and rules adopted under it. Rules adopted under division (I) of	42930
this section shall include, without limitation, all of the	42931
following:	42932

(1) Standards and procedures to ensure that a licensee	42933
prepares a decommissioning funding plan that provides an adequate	42934
financial guaranty to permit the completion of all requirements	42935
governing the closure, decontamination, decommissioning, and	42936
reclamation of sites, structures, and equipment used in	42937
conjunction with a licensed activity;	42938

(2) For licensed activities where radioactive material that	42939
will require surveillance or care is likely to remain at the site	42940
after the licensed activities cease, as indicated in the	42941
application for the license submitted under section 3748.07 of the	42942
Revised Code, standards and procedures to ensure that the licensee	42943
prepares an additional decommissioning funding plan for long-term	42944
surveillance and care, before termination of the license, that	42945
provides an additional adequate financial guaranty as necessary to	42946
provide for that surveillance and care;	42947

(3) For the purposes of the decommissioning funding plans	42948
required in rules adopted under divisions (I)(1) and (2) of this	42949
section, the types of acceptable financial guaranties, which shall	42950
include bonds issued by fidelity or surety companies authorized to	42951
do business in the state, certificates of deposit, deposits of	42952
government securities, irrevocable letters or lines of credit,	42953
trust funds, escrow accounts, or other similar types of	42954
arrangements, but shall not include any arrangement that	42955
constitutes self-insurance;	42956

(4) A requirement that the decommissioning funding plans	42957
required in rules adopted under divisions (I)(1) and (2) of this	42958
section contain financial guaranties in amounts sufficient to	42959
ensure compliance with any standards established by the United	42960
States nuclear regulatory commission, or by the state if it has	42961
become an agreement state pursuant to section 3748.03 of the	42962
Revised Code, pertaining to closure, decontamination,	42963
decommissioning, reclamation, and long-term surveillance and care	42964
of licensed activities and sites of licensees.	42965

Standards established in rules adopted under division (I) of	42966
this section regarding any activity that resulted in the	42967
production of byproduct material, as defined in division (A)(2) of	42968
section 3748.01 of the Revised Code, to the extent practicable,	42969
shall be equivalent to or more stringent than standards	42970
established by the United States nuclear regulatory commission for	42971
sites at which ores were processed primarily for their source	42972
material content and at which byproduct material, as defined in	42973
division (A)(2) of section 3748.01 of the Revised Code, is	42974
deposited.	42975

(J) Establishing criteria governing inspections of a facility	42976
for the disposal of low-level radioactive waste, including,	42977
without limitation, the establishment of a resident inspector	42978
program at such a facility;	42979

(K) Establishing requirements and procedures governing the	42980
filing of complaints under section 3748.16 of the Revised Code,	42981
including, without limitation, those governing intervention in a	42982
hearing held under division (B)(3) of that section.	42983

Sec. 3748.05. (A) The director of health shall do all of the	42984
following:	42985

(1) Administer and enforce this chapter and the rules adopted	42986
under it;	42987

(2) Collect and make available information relating to	42988
sources of radiation;	42989

(3) Ensure the review of plans and specifications, submitted	42990
in accordance with rules adopted by the ~~public health council~~	42991
director, for the control of radiation that constitutes an	42992
unreasonable or unnecessary risk to human health or the	42993
environment;	42994

(4) Review reports of quality assurance audits performed by	42995
certified radiation experts under this chapter and the rules	42996
adopted under it;	42997

(5) Ensure that programs for the control of sources of	42998
radiation are developed with due regard for compatibility with	42999
federal programs for the regulation of byproduct, source, and	43000
special nuclear materials;	43001

(6) In accordance with Chapter 119. of the Revised Code,	43002
adopt, and subsequently may amend and rescind, rules providing for	43003
the administrative assessment and collection of monetary penalties	43004
for failure by any facility licensed under this chapter and rules	43005
adopted under it to comply with this chapter and those rules. The	43006
director may require the submission of compliance schedules and	43007
other related information. Any orders issued or payments or other	43008
requirements imposed pursuant to rules adopted under division	43009
(A)(6) of this section shall not affect any civil or criminal	43010
enforcement proceeding brought under this chapter or any other	43011
provision of state or local law. Moneys collected as	43012
administrative penalties imposed pursuant to rules adopted under	43013
division (A)(6) of this section shall be deposited in the state	43014
treasury to the credit of the general operations fund created in	43015
section 3701.83 of the Revised Code. The moneys shall be used	43016
solely to administer and enforce this chapter and the rules	43017
adopted under it.	43018

(7) Maintain files of both of the following:

43019

(a) All license and registration applications, issuances,	43020
denials, amendments, renewals, suspensions, and revocations and	43021
any administrative or judicial action pertaining to them;	43022

(b) All rules adopted under this chapter, or proposed to be	43023
adopted, relating to the regulation of sources of radiation and	43024
proceedings on them.	43025

(B) The director may do any or all of the following:

43026

(1) Advise, consult, and cooperate with other agencies of the	43027
state, the federal government, other states, interstate agencies,	43028
political subdivisions, industries, and other affected groups in	43029
furtherance of the purposes of this chapter and the rules adopted	43030
under it;	43031

(2) Accept and administer grants from the federal government	43032
and from other sources, public or private, for carrying out any of	43033
the director's functions under this chapter and the rules adopted	43034
under it;	43035

(3) Encourage, participate in, or conduct studies,	43036
investigations, training, research, and demonstrations relating to	43037
the detection and control of radiation that constitutes an	43038
unreasonable or unnecessary risk to human health or the	43039
environment, the measurement of radiation, the evaluation of	43040
potential effects on health of cumulative or acute exposure to	43041
radiation, the development and improvement of methods to limit and	43042
reduce the generation of radioactive waste, and related problems	43043
as the director considers necessary or advisable;	43044

(4) In accordance with Chapter 119. of the Revised Code,	43045
adopt rules establishing criteria under which other agencies of	43046
the state or private entities may perform inspections of x-ray	43047
equipment at registered dental facilities at the request of the	43048
facility or pursuant to contract with the department;	43049

(5) Exercise all incidental powers necessary to carry out the	43050
purposes of this chapter and the rules adopted under it,	43051
including, without limitation, the issuance of orders.	43052

Sec. 3748.07. (A) Every facility that proposes to handle	43053
radioactive material or radiation-generating equipment for which	43054
licensure or registration, respectively, by its handler is	43055
required shall apply in writing to the director of health on forms	43056
prescribed and provided by the director for licensure or	43057
registration. Terms and conditions of licenses and certificates of	43058
registration may be amended in accordance with rules adopted under	43059
section 3748.04 of the Revised Code or orders issued by the	43060
director pursuant to section 3748.05 of the Revised Code.	43061

(B)(1) An applicant proposing to handle radioactive material	43062
shall pay for a license or renewal of a license the appropriate	43063
fee specified in rules adopted under section 3748.04 of the	43064
Revised Code and listed on an invoice provided by the director.	43065
The applicant shall pay the fee on receipt of the invoice.	43066

(2)(a) Except as provided in division (B)(2)(b) of this	43067
section, until fees are established in rules adopted under	43068
division (A)(8)(b) of section 3748.04 of the Revised Code, an	43069
applicant proposing to handle radiation-generating equipment shall	43070
pay for a certificate of registration or renewal of a certificate	43071
a biennial registration fee of two hundred sixty-two dollars.	43072

Except as provided in division (B)(2)(b) of this section, on	43073
and after the effective date of the rules in which fees are	43074
established under division (A)(8)(b) of section 3748.04 of the	43075
Revised Code, an applicant proposing to handle	43076
radiation-generating equipment shall pay for a certificate of	43077
registration or renewal of a certificate the appropriate fee	43078
established in those rules.	43079

The applicant shall pay the fees described in division	43080
(B)(2)(a) of this section at the time of applying for a	43081
certificate of registration or renewal of a certificate.	43082

(b) An applicant that is, or is operated by, a medical	43083
practitioner or medical-practitioner group and proposes to handle	43084
radiation-generating equipment shall pay for a certificate of	43085
registration or renewal of a certificate a biennial registration	43086
fee of two hundred sixty-two dollars. The applicant shall pay the	43087
fee at the time of applying for a certificate of registration or	43088
renewal of the certificate.	43089

(C) All fees collected under this section shall be deposited	43090
in the state treasury to the credit of the general operations fund	43091
created in section 3701.83 of the Revised Code. The fees shall be	43092
used solely to administer and enforce this chapter and rules	43093
adopted under it.	43094

(D) Any fee required under this section that ~~has not been~~	43095
~~paid within ninety days~~remains unpaid on the ninety-first day	43096
after the original invoice date shall be assessed ~~at two times~~an	43097
additional amount equal to ten per cent of the original ~~invoiced~~	43098
fee. ~~Any fee that has not been paid within one hundred eighty days~~	43099
~~after the invoice date shall be assessed at five times the~~	43100
~~original invoiced fee.~~	43101

(E) The director shall grant a license or registration to any	43102
applicant who has paid the required fee and is in compliance with	43103
this chapter and rules adopted under it.	43104

(F) Except as provided in division (B)(2) of this section,	43105
licenses and certificates of registration shall be effective for	43106
the applicable period established in rules adopted under section	43107
3748.04 of the Revised Code. Licenses and certificates of	43108
registration shall be renewed in accordance with the renewal	43109
procedure established in rules adopted under section 3748.04 of	43110
the Revised Code.	43111

Sec. 3748.10. (A) As used in this section, "person" means	43112
any legal entity defined as a person under section 1.59 of the	43113
Revised Code, the state or any agency of the state, any political	43114
subdivision or agency of a political subdivision, and the United	43115
States or any agency or instrumentality of the United States other	43116
than the United States department of energy or the United States	43117
nuclear regulatory commission where state regulation of the	43118
treatment, recycling, storage, or disposal of low-level	43119
radioactive waste by either of those agencies is prohibited by	43120
federal law.	43121

(B) No person shall treat, recycle, store, or dispose of any	43122
low-level radioactive waste except at a facility that is licensed	43123
for treatment, recycling, storage, or disposal of that waste by	43124
the director of health under this chapter and rules adopted under	43125
it or, until the state becomes an agreement state pursuant to	43126
section 3748.03 of the Revised Code, by the United States nuclear	43127
regulatory commission under the "Atomic Energy Act of 1954," 68	43128
Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted	43129
under it regardless of whether the waste has been reclassified as	43130
"below regulatory concern" by the United States nuclear regulatory	43131
commission pursuant to any rule or standard adopted after January	43132
1, 1990.	43133

(C) Division (B) of this section does not apply to either of	43134
the following:	43135

(1) Any low-level radioactive waste that on or before January	43136
1, 1990, was authorized under the "Atomic Energy Act of 1954," 68	43137
Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted	43138
under it to be treated, recycled, stored, or disposed of at a	43139
facility that has not been licensed under that act and regulations	43140
adopted under it;	43141

(2) Any low-level radioactive waste that has received an	43142
exemption from the director of health under division (C)(2) of	43143
this section. If the United States nuclear regulatory commission	43144
declares its intent to institute a policy regarding the	43145
reclassification of waste as "below regulatory concern," the	43146
~~public health council~~director, in consultation with the	43147
environmental protection agency, shall adopt rules in accordance	43148
with Chapter 119. of the Revised Code that govern the granting of	43149
such exemptions and that do at least all of the following:	43150

(a) Establish an application procedure to be followed by the	43151
generator of a low-level radioactive waste who wishes to obtain an	43152
exemption for that waste under division (C)(2) of this section;	43153

(b) Require that in order to receive an exemption, a	43154
low-level radioactive waste shall have been reclassified as "below	43155
regulatory concern" by the United States nuclear regulatory	43156
commission after August 19, 1992. The rules adopted under division	43157
(C)(2)(b) of this section shall stipulate that such a	43158
reclassification does not automatically qualify a low-level	43159
radioactive waste for an exemption under division (C)(2) of this	43160
section.	43161

(c) Require an applicant to demonstrate with clear and	43162
convincing evidence that the low-level radioactive waste that is	43163
the subject of the application does not present a higher	43164
radioactive hazard than any low-level radioactive waste to which	43165
division (C)(1) of this section applies and that treatment,	43166
recycling, storage, or disposal of the waste at a facility that	43167
has not been licensed by the director under this chapter and rules	43168
adopted under it or, until the state becomes an agreement state	43169
pursuant to section 3748.03 of the Revised Code, by the United	43170
States nuclear regulatory commission under the "Atomic Energy Act	43171
of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as amended, and	43172
regulations adopted under it, will not harm public health or	43173
safety or the environment;	43174

(d) Establish public notification procedures to be followed	43175
by the director for any public hearing held ~~by him~~ under division	43176
(C)(2) of this section.	43177

The director shall review an application submitted ~~to him~~	43178
under division (C)(2) of this section and shall hold a public	43179
hearing concerning the application before granting or denying the	43180
exemption requested. The director may grant an exemption to the	43181
low-level radioactive waste that is the subject of the application	43182
~~if he determines~~after determining that the generator has complied	43183
with the rules adopted under division (C)(2)(a) of this section	43184
and that the waste satisfies the requirements established in the	43185
rules adopted under divisions (C)(2)(b) and (c) of this section.	43186
The director shall maintain a list of all low-level radioactive	43187
wastes to which hethe director has granted such an exemption.	43188

Division (C)(2) of this section does not apply to any	43189
low-level radioactive waste generated at a nuclear power station.	43190

Sec. 3748.12. The director of health shall certify radiation	43191
experts pursuant to rules adopted under division (C) of section	43192
3748.04 of the Revised Code. The director shall issue a	43193
certificate to each person certified under this section. An	43194
individual certified by the director is qualified to develop,	43195
provide periodic review of, and conduct audits of the quality	43196
assurance program for sources of radiation for which such a	43197
program is required under division (A) of section 3748.13 of the	43198
Revised Code.	43199

The ~~public health council~~director shall establish an	43200
application fee for applying for certification and a biennial	43201
certification renewal fee in rules adopted under division (C) of	43202
section 3748.04 of the Revised Code. A certificate issued under	43203
this section shall expire two years after the date of its	43204
issuance. To maintain certification, a radiation expert shall	43205
apply to the director for renewal of certification in accordance	43206
with the standard renewal procedures established in Chapter 4745.	43207
of the Revised Code. The certification renewal fee is not required	43208
for initial certification, but shall be paid for every renewal of	43209
certification. Fees collected under this section shall be	43210
deposited into the state treasury to the credit of the general	43211
operations fund created in section 3701.83 of the Revised Code.	43212
The fees shall be used solely to administer and enforce this	43213
chapter and rules adopted under it. Any fee required under this	43214
section that ~~has not been paid within ninety days~~remains unpaid	43215
on the ninety-first day after the original invoice date shall be	43216
assessed ~~at two times~~an additional amount equal to ten per cent	43217
of the original ~~invoiced~~ fee. ~~Any fee that has not been paid~~	43218
~~within one hundred eighty days after the invoice date shall be~~	43219
~~assessed at five times the original invoiced fee.~~	43220

Sec. 3748.13. (A) The director of health shall inspect	43221
sources of radiation for which licensure or registration by the	43222
handler is required, and the sources' shielding and surroundings,	43223
according to the schedule established in rules adopted under	43224
division (D) of section 3748.04 of the Revised Code. In accordance	43225
with rules adopted under section 3748.04 of the Revised Code, the	43226
director shall inspect all records and operating procedures of	43227
handlers that install or service sources of radiation and all	43228
sources of radiation for which licensure of radioactive material	43229
or registration of radiation-generating equipment by the handler	43230
is required. The director may make other inspections upon	43231
receiving complaints or other evidence of a violation of this	43232
chapter or rules adopted under it.	43233

The director shall require any hospital registered under	43234
division (A) of section 3701.07 of the Revised Code to develop and	43235
maintain a quality assurance program for all sources of	43236
radiation-generating equipment. A certified radiation expert shall	43237
conduct oversight and maintenance of the program and shall file a	43238
report of audits of the program with the director on forms	43239
prescribed by the director. The audit reports shall become part of	43240
the inspection record.	43241

(B)(1) Except as provided in division (B)(2) of this section,	43242
a facility shall pay inspection fees for radioactive material and	43243
radiation-generating equipment according to the schedule and	43244
categories established in rules adopted under division (A)(9) of	43245
section 3748.04 of the Revised Code.	43246

(2) A facility that is, or is operated by, a medical	43247
practitioner or medical-practitioner group shall pay inspection	43248
fees for radiation-generating equipment according to the following	43249
schedule and categories:	43250

First dental x-ray tube	$ 155.00	43251
Each additional dental x-ray tube at the same location	$ 77.00	43252
First medical x-ray tube	$ 307.00	43253
Each additional medical x-ray tube at the same location	$ 163.00	43254
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$ 610.00	43255
First nonionizing radiation-generating equipment of any kind	$ 307.00	43256
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ 163.00	43257

(C)(1) Except as provided in division (C)(2) of this section,	43258
the fee for the inspection of a facility that proposes to handle	43259
radioactive material or radiation-generating equipment and is not	43260
licensed or registered, and for which no license or registration	43261
application is pending at the time of inspection, is four hundred	43262
seventy-four dollars plus the applicable fee specified in rules	43263
adopted under division (A)(9) of section 3748.04 of the Revised	43264
Code.	43265

(2) For a facility that is, or is operated by, a medical	43266
practitioner or medical-practitioner group and proposes to handle	43267
radiation-generating equipment, the fee for an inspection if the	43268
facility is not licensed or registered, and no license or	43269
registration is pending at the time of inspection, is four hundred	43270
seventy-four dollars plus the fee applicable under the schedule in	43271
division (B)(2) of this section.	43272

(D)(1) Except as provided in division (D)(2) of this section,	43273
for a facility that handles radioactive material or	43274
radiation-generating equipment, the fee for an inspection to	43275
determine whether violations cited in a previous inspection have	43276
been corrected is the amount specified in rules adopted under	43277
division (A)(9) of section 3748.04 of the Revised Code.	43278

(2) For a facility that is, or is operated by, a medical	43279
practitioner or medical-practitioner group and handles	43280
radiation-generating equipment, the fee for an inspection to	43281
determine whether violations cited in a previous inspection have	43282
been corrected is fifty per cent of the applicable fee under the	43283
schedule in division (B)(2) of this section.	43284

(E) The director may conduct a review of shielding plans or	43285
the adequacy of shielding on the request of a licensee or	43286
registrant or an applicant for licensure or registration or during	43287
an inspection when the director considers a review to be	43288
necessary.	43289

(1) Except as provided in division (E)(2) of this section,	43290
the fee for the review is the applicable amount specified in rules	43291
adopted under division (A)(9) of section 3748.04 of the Revised	43292
Code.	43293

(2) For a facility that is, or is operated by, a medical	43294
practitioner or medical-practitioner group and handles or proposes	43295
to handle radiation-generating equipment, the fee for the review	43296
is seven hundred sixty-two dollars for each room where a source of	43297
radiation is used and is in addition to any other fee applicable	43298
under the schedule in division (B)(2) of this section.	43299

(F) All fees shall be paid to the department of health no	43300
later than thirty days after the invoice for the fee is mailed.	43301
Fees shall be deposited in the general operations fund created in	43302
section 3701.83 of the Revised Code. The fees shall be used solely	43303
to administer and enforce this chapter and rules adopted under it.	43304

(G) Any fee required under this section that ~~has not been~~	43305
~~paid within ninety days~~remains unpaid on the ninety-first day	43306
after the original invoice date shall be assessed ~~at two times~~an	43307
additional amount equal to ten per cent of the original ~~invoiced~~	43308
fee. ~~Any fee that has not been paid within one hundred eighty days~~	43309
~~after the invoice date shall be assessed at five times the~~	43310
~~original invoiced fee.~~	43311

(H) If the director determines that a board of health of a	43312
city or general health district is qualified to conduct	43313
inspections of radiation-generating equipment, the director may	43314
delegate to the board, by contract, the authority to conduct such	43315
inspections. In making a determination of the qualifications of a	43316
board of health to conduct those inspections, the director shall	43317
evaluate the credentials of the individuals who are to conduct the	43318
inspections of radiation-generating equipment and the radiation	43319
detection and measuring equipment available to them for that	43320
purpose. If a contract is entered into, the board shall have the	43321
same authority to make inspections of radiation-generating	43322
equipment as the director has under this chapter and rules adopted	43323
under it. The contract shall stipulate that only individuals	43324
approved by the director as qualified shall be permitted to	43325
inspect radiation-generating equipment under the contract's	43326
provisions. The contract shall provide for such compensation for	43327
services as is agreed to by the director and the board of health	43328
of the contracting health district. The director may reevaluate	43329
the credentials of the inspection personnel and their radiation	43330
detecting and measuring equipment as often as the director	43331
considers necessary and may terminate any contract with the board	43332
of health of any health district that, in the director's opinion,	43333
is not satisfactorily performing the terms of the contract.	43334

(I) The director may enter at all reasonable times upon any	43335
public or private property to determine compliance with this	43336
chapter and rules adopted under it.	43337

Sec. 3748.15. No facility shall violate or fail to comply	43338
with any duty imposed by this chapter, fail to pay any	43339
administrative penalty assessed in accordance with rules adopted	43340
under division (A)(6) of section 3748.05 of the Revised Code, or	43341
violate or fail to comply with any valid order ofissued or rule	43342
adopted by the director of health ~~issued or rule of the public~~	43343
~~health council adopted~~ under this chapter. Each day a violation	43344
continues is a separate offense.	43345

Sec. 3748.20. (A) The governor, with the advice and consent	43346
of the senate, shall appoint a radiation advisory council, which	43347
shall consist of the following members:	43348

(1) One individual who has recognized ability and credentials	43349
in the field of medical radiation physics;	43350

(2) One individual who has recognized ability and credentials	43351
in the field of health physics;	43352

(3) One individual holding the degree of doctor of medicine	43353
or doctor of osteopathy and licensed to practice medicine or	43354
surgery or osteopathic medicine and surgery, as applicable, under	43355
Chapter 4731. of the Revised Code who has recognized ability and	43356
credentials in the practice of radiology;	43357

(4) One individual who is licensed to practice dentistry	43358
under Chapter 4715. of the Revised Code;	43359

(5) One individual holding the degree of doctor of medicine	43360
and licensed to practice medicine or surgery under Chapter 4731.	43361
of the Revised Code who has recognized ability and credentials in	43362
the field of nuclear medicine;	43363

(6) One individual who has recognized ability and credentials	43364
in the field of public health or environmental science;	43365

(7) One individual licensed as a podiatrist under Chapter	43366
4731. of the Revised Code;	43367

(8) One individual licensed as a chiropractor under Chapter	43368
4734. of the Revised Code;	43369

(9) One individual who is a qualified radiation safety	43370
officer or radiation protection manager from a facility in this	43371
state that is licensed for the use of radiation materials;	43372

(10) One individual who has recognized ability and	43373
credentials in the field of radon measurement, mitigation, or	43374
health risk management;	43375

(11) One individual who is a member of a statewide consumer	43376
or environmental advocacy organization;	43377

(12) One individual representing the public;

43378

(13) One individual who has recognized ability and experience	43379
in the administration and enforcement of federal radiation	43380
protection regulations, who shall be a nonvoting member.	43381

The governor shall make the initial appointments to the	43382
council not later than December 7, 1995. Of the initial	43383
appointments, four shall be for a term of office of three years,	43384
four shall be for a term of office of four years, and four shall	43385
be for a term of office of five years. Thereafter, terms of office	43386
for the members of the council shall be five years with each term	43387
ending on the same day of the same month as did the term that it	43388
succeeds. Each member shall hold office from the date of the	43389
member's appointment until the end of the term for which the	43390
member was appointed. Members may be reappointed. Vacancies shall	43391
be filled in the manner provided for original appointment. Any	43392
member appointed to fill a vacancy occurring prior to the	43393
expiration of the term for which the member's predecessor was	43394
appointed shall hold office for the remainder of that term. A	43395
member shall continue in office subsequent to the expiration of	43396
the member's term or until a period of sixty days has elapsed,	43397
whichever occurs first.	43398

The council shall hold four regular quarterly meetings each	43399
year. Special meetings may be held at the request of the	43400
chairperson of the council or the director of health. The	43401
chairperson shall be selected annually by members of the council	43402
during the first meeting of the calendar year. Following each	43403
meeting, the chairperson shall submit a report to the director	43404
summarizing the activities, discussion, and recommendations of the	43405
council. Seven voting members of the council constitute a quorum.	43406

Members of the radiation advisory council shall receive a per	43407
diem compensation in an amount approved by the director and also	43408
shall be reimbursed for actual expenses incurred in the	43409
performance of their official duties.	43410

The department of health shall provide the council the	43411
administrative support necessary to execute its duties.	43412

(B) The radiation advisory council shall do all of the	43413
following:	43414

(1) Advise and consult with the ~~public health council~~	43415
director in the development of rules ~~proposed for adoption~~to be	43416
adopted under section 3748.04 of the Revised Code;	43417

(2) Advise and consult with the director concerning the	43418
administration, implementation, and enforcement of this chapter,	43419
including the implementation of the specific responsibilities	43420
delineated in section 3748.05 of the Revised Code;	43421

(3) Advise and consult with the director in the development	43422
of inspection criteria, procedures, and guidelines to be used in	43423
the radiation control program established under this chapter and	43424
rules adopted under it;	43425

(4) Prepare and submit to the director an annual report	43426
evaluating the department's administration of the radiation	43427
control program.	43428

(C) The council shall establish committees to focus on	43429
specific components of the radiation control program established	43430
under this chapter and rules adopted under it. Chairpersons of the	43431
committees shall be appointed by the chairperson of the council	43432
and shall be members of the council. Other members of the	43433
committees shall be appointed by the chairperson of the council	43434
and may include individuals who are not members of the council.	43435

The membership and responsibilities of each committee	43436
established under this division shall be subject to the approval	43437
of the director. Members of the committees shall be reimbursed for	43438
actual expenses incurred in the performance of their official	43439
duties.	43440

Committee reports shall be presented to the council at each	43441
regular meeting of the council.	43442

Sec. 3749.02. The ~~public~~director of health ~~council~~ shall,	43443
subject to Chapter 119. of the Revised Code, adopt rules of	43444
general application throughout the state governing the issuance of	43445
licenses, approval of plans, layout, construction, sanitation,	43446
safety, and operation of public swimming pools, public spas, and	43447
special use pools. Such rules shall not be applied to the	43448
construction, erection, or manufacture of any building to which	43449
section 3781.06 of the Revised Code is applicable when the	43450
building or structure is either integral to or appurtenant to a	43451
public swimming pool, a public spa, or a special use pool.	43452

Sec. 3749.03. (A) No person shall construct or install, or	43453
renovate or otherwise substantially alter, a public swimming pool,	43454
public spa, or ~~special-use~~special use pool after September 10,	43455
1987, until the plans for the pool or spa have been submitted to	43456
and approved by the director of health. Within thirty days of	43457
receipt of the plans, the director shall approve or disapprove	43458
them. The plans and approval required under this division do not	43459
apply to repairs or ordinary maintenance that does not	43460
substantially affect the manner of water recirculation or basic	43461
design of the public swimming pool, public spa, or ~~special-use~~	43462
special use pool.	43463

Any person aggrieved by the director's disapproval of plans	43464
under this division may, within thirty days following receipt of	43465
the director's notice of disapproval, request a hearing on the	43466
matter. The hearing shall be held in accordance with Chapter 119.	43467
of the Revised Code and may be appealed in the manner provided in	43468
that chapter.	43469

(B) Prior to the issuance of a license to operate a newly	43470
constructed or altered public swimming pool, public spa, or	43471
~~special-use~~special use pool, the director or a licensor	43472
authorized by the director shall verify that the construction or	43473
alterations are consistent with the plans submitted and approved	43474
under division (A) of this section. The director or licensor	43475
authorized by the director shall have two working days from the	43476
time notification is received that a public swimming pool, public	43477
spa, or ~~special-use~~special use pool is ready for an inspection to	43478
verify the construction or alterations.	43479

(C) ~~The~~(1) Except as provided in division (C)(2) of this	43480
section, the fees for the approval of plans are as follows:	43481

~~(1)~~(a) Five per cent of the total cost of the equipment and	43482
installation not to exceed two hundred seventy-five dollars for a	43483
public swimming pool, public spa, or ~~special-use~~special use pool,	43484
or a combination thereof, that has less than two thousand square	43485
feet of surface area;	43486

~~(2)~~(b) Five per cent of the total cost of the equipment and	43487
installation not to exceed five hundred fifty dollars for a public	43488
swimming pool, public spa, ~~special-use~~special use pool, or a	43489
combination thereof, that has two thousand or more square feet of	43490
surface area.	43491

~~After December 31, 1992, the public health council~~(2) The	43492
director may, by rule adopted in accordance with Chapter 119. of	43493
the Revised Code, increase the fees established by this section.	43494

(D) All plan approval fees shall be paid into the state	43495
treasury to the credit of the general operations fund created by	43496
section 3701.83 of the Revised Code. The fees shall be	43497
administered by the director and shall be used solely for the	43498
administration and enforcement of this chapter and the rules	43499
adopted thereunder.	43500

(E) Plan approvals issued under this section shall not	43501
constitute an exemption from the land use and building	43502
requirements of the political subdivision in which the public	43503
swimming pool, public spa, or ~~special-use~~special use pool is or	43504
is to be located.	43505

Sec. 3749.04. (A) No person shall operate or maintain a	43506
public swimming pool, public spa, or ~~special-use~~special use pool	43507
without a license issued by the licensor having jurisdiction.	43508

(B) Every person who intends to operate or maintain an	43509
existing public swimming pool, public spa, or ~~special-use~~special	43510
use pool shall, during the month of April of each year, apply to	43511
the licensor having jurisdiction for a license to operate the pool	43512
or spa. Any person proposing to operate or maintain a new or	43513
otherwise unlicensed public swimming pool, public spa, or	43514
~~special-use~~special use pool shall apply to the licensor having	43515
jurisdiction at least thirty days prior to the intended start of	43516
operation of the pool or spa. Within thirty days of receipt of an	43517
application for licensure of a public swimming pool, public spa,	43518
or ~~special-use~~special use pool, the licensor shall process the	43519
application and either issue a license or otherwise respond to the	43520
applicant regarding the application.	43521

(C) Each license issued shall be effective from the date of	43522
issuance until the last day of May of the following year.	43523

(D) Each licensor administering and enforcing sections	43524
3749.01 to 3749.09 of the Revised Code and the rules adopted	43525
thereunder may establish licensing and inspection fees in	43526
accordance with section 3709.09 of the Revised Code, which shall	43527
not exceed the cost of licensing and inspecting public swimming	43528
pools, public spas, and ~~special-use~~special use pools.	43529

(E) Except as provided in division (F) of this section and in	43530
division (B) of section 3749.07 of the Revised Code, all license	43531
fees collected by a licensor shall be deposited into a swimming	43532
pool fund, which is hereby created in each health district. The	43533
fees shall be used by the licensor solely for the purpose of	43534
administering and enforcing this chapter and the rules adopted	43535
under this chapter.	43536

(F) An annual license fee established under division (D) of	43537
this section shall include any additional amount determined by	43538
rule of the ~~public~~director of health ~~council~~, which the board of	43539
health shall collect and transmit to the director ~~of health~~	43540
pursuant to section 3709.092 of the Revised Code. The amounts	43541
collected under this division shall be administered by the	43542
director of health and shall be used solely for the administration	43543
and enforcement of this chapter and the rules adopted under this	43544
chapter.	43545

Sec. 3752.06. (A) Unless the owner or operator of a	43546
reporting facility has submitted to the director of environmental	43547
protection in connection with the facility a notice of the	43548
temporary discontinuation of all regulated operations at the	43549
facility in compliance with division (A)(1) of section 3752.09 of	43550
the Revised Code, has submitted an application for a waiver in	43551
compliance with or been issued a waiver under division (A) of	43552
section 3752.10 of the Revised Code, or, pursuant to division (B)	43553
of this section, has been granted an extension of time for	43554
compliance with divisions (A)(4) to (6) of this section, and	43555
except as provided in division (C) of this section, the owner or	43556
operator, not later than ninety days after the cessation of all	43557
regulated operations at the facility, shall do all of the	43558
following:	43559

(1) Submit to the director a copy of the most recent	43560
emergency and hazardous chemical inventory form for the facility	43561
submitted to the emergency response commission in accordance with	43562
section 3750.08 of the Revised Code accompanied by a statement	43563
indicating whether any asbestos-containing materials are present	43564
at the facility;	43565

(2) Submit to the director a copy of the current hazardous	43566
chemical list, or of each of the material safety data sheets, that	43567
the owner or operator is required to have on file with the	43568
commission under section 3750.07 of the Revised Code in connection	43569
with the facility;	43570

(3) Submit to the director a list of every stationary tank,	43571
vat, electrical transformer, and vessel of any type that contains	43572
or is contaminated with regulated substances and that is to remain	43573
at the facility; a precise description of the location of each;	43574
and an identification of the regulated substances that are in or	43575
contaminate each;	43576

(4) Drain or remove all regulated substances from each	43577
stationary vat, tank, electrical transformer, and vessel, and from	43578
all piping, that is to remain at the facility and do any or a	43579
combination of the following:	43580

(a) Transfer the regulated substances to another facility	43581
owned or operated by the owner or operator. If any regulated	43582
substances are transferred to another facility of the owner or	43583
operator located within this state, they shall be transferred to a	43584
facility that is operating. If any regulated substances are	43585
transferred to another facility of the owner or operator located	43586
outside this state, they shall be transferred in compliance with	43587
the applicable laws governing the receiving facility of the state	43588
in which the receiving facility is located.	43589

(b) Lawfully transfer ownership of the regulated substances	43590
to another person through sale or otherwise;	43591

(c) Cause the regulated substances to be transported off the	43592
premises of the facility and managed in compliance with the	43593
applicable provisions of Chapter 3734. of the Revised Code and	43594
rules adopted under that chapter; the "Toxic Substances Control	43595
Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended, and	43596
regulations adopted under it; or the "Resource Conservation and	43597
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	43598
amended, and regulations adopted under it; or, if transported out	43599
of state, to be managed in compliance with the waste management	43600
laws of the state to which the regulated substances are	43601
transported.	43602

In the case of any regulated substance that also is a	43603
hazardous material identified or listed in regulations adopted	43604
under the "Hazardous Materials Transportation Act," 88 Stat. 2156	43605
(1975), 49 U.S.C.A. 1801, as amended, and that is to be	43606
transported off the premises of the facility, the owner or	43607
operator of the facility shall transport the regulated substance,	43608
or cause it to be transported, in compliance with the applicable	43609
rules adopted under ~~division (A) of section 4919.85, division (E)~~	43610
~~of section 4921.04, division (C) of section 4923.03, or division~~	43611
~~(C) of section 4923.20~~Chapters 4905., 4921., and 4923. of the	43612
Revised Code.	43613

(5) Remove from the facility all debris, nonstationary	43614
equipment and furnishings, nonstationary containers, and motor	43615
vehicles and rolling stock that contain or are contaminated with a	43616
regulated substance and do any or a combination of the following:	43617

(a) Transfer the debris, equipment, furnishings, containers,	43618
and motor vehicles and rolling stock to another facility owned or	43619
operated by the owner or operator. If any such debris, equipment,	43620
furnishings, containers, or motor vehicles and rolling stock is	43621
transferred to another facility of the owner or operator located	43622
in this state, it shall be transferred to a facility that is	43623
operating. If any such debris, equipment, furnishings, containers,	43624
or motor vehicles and rolling stock is transferred to another	43625
facility of the owner or operator located outside this state, it	43626
only shall be transferred in compliance with the applicable laws	43627
governing the receiving facility of the state in which the	43628
receiving facility is located.	43629

(b) Lawfully transfer ownership of the debris, equipment,	43630
furnishings, containers, and motor vehicles and rolling stock to	43631
another person through sale or otherwise;	43632

(c) Cause the debris, equipment, furnishings, and containers	43633
to be transported off the premises of the facility and managed in	43634
compliance with the applicable provisions of Chapter 3734. of the	43635
Revised Code and rules adopted under that chapter; the "Toxic	43636
Substances Control Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601,	43637
as amended, and regulations adopted under it; or the "Resource	43638
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	43639
6921, as amended, and regulations adopted under it; or, if	43640
transported out of state, to be managed in compliance with the	43641
waste management laws of the state to which the debris, equipment,	43642
furnishings, and containers are transported.	43643

(6) Make a written certification to the director that the	43644
actions required by divisions (A)(4) and (5) of this section have	43645
been completed in compliance with those divisions and any	43646
applicable rules adopted under section 3752.03 of the Revised	43647
Code. The certification shall be made on a form prescribed by the	43648
director and, in addition to the information required in division	43649
(A) of this section, shall include, without limitation, the	43650
owner's or operator's name and the address of the owner's or	43651
operator's principal office.	43652

(B) Upon the written request of the owner or operator of a	43653
facility who is subject to division (A) of this section, the	43654
director, at ~~his~~the director's discretion, may extend the length	43655
of time required for compliance with divisions (A)(4) to (6) of	43656
this section for any period of time the director considers	43657
reasonable and necessary if the director finds from the request	43658
that either of the following applies:	43659

(1) The inability of the owner or operator to complete the	43660
required actions within the time prescribed in that division is	43661
due to circumstances that are temporary in nature and are beyond	43662
the control of the owner or operator;	43663

(2) The owner or operator, exercising reasonable diligence,	43664
is unable to complete the required actions within the time	43665
prescribed in that division due to facility size, operational	43666
complexity, or other such relevant factors.	43667

Upon making a decision on a request submitted under division	43668
(B) of this section, the director shall mail notice of ~~his~~the	43669
decision to the owner or operator by certified mail, return	43670
receipt requested, and, if the request was approved, notice of the	43671
length of the extension.	43672

(C) An owner or operator of a reporting facility who is	43673
subject to this section is not required to perform the removal	43674
actions required by it or to make the certification required by	43675
division (A)(6) of this section with respect to hazardous waste	43676
stored, treated, or disposed of at the facility, or portion of the	43677
facility, for which the owner holds a valid hazardous waste	43678
facility installation and operation permit or renewal permit	43679
issued under section 3734.05 of the Revised Code or has obtained a	43680
generator identification number pursuant to rules adopted under	43681
section 3734.12 of the Revised Code. Instead, the owner shall	43682
comply with the applicable closure and post-closure care	43683
requirements established in rules adopted under section 3734.12 of	43684
the Revised Code.	43685

(D) No person shall fail to comply with any provision of	43686
division (A) of this section within the time required by that	43687
division and any extension of that time granted under division (B)	43688
of this section, as appropriate.	43689

Sec. 3769.28. The tax commissioner shall collect from each	43690
permit holder who conducts a pari-mutuel system of wagering where	43691
the wagering is less than five million dollars a sum of money	43692
equal to one-tenth of one per cent of the total amount wagered and	43693
where the wagering is five million dollars or more a sum of money	43694
equal to fifteen hundredths of one per cent of the total amount	43695
wagered during any horse-racing meeting for the purpose of	43696
providing operating revenue for the political subdivisions wherein	43697
such meetings are held. ~~Such moneys shall be collected by the~~	43698
~~commissioner within~~Within ten days after the close of ~~such~~a	43699
meeting ~~and shall be sent back to~~, the permit holder ~~who paid the~~	43700
~~tax. Such permit holder~~shall prepare and transmit to the tax	43701
commissioner a final report showing the total amount wagered	43702
during the horse-racing meeting and any other information required	43703
by the commissioner relative to the tax levied by this section.	43704
The final report shall be signed by the permit holder or an	43705
authorized agent of the permit holder. The commissioner shall	43706
prescribe the form of the final report.	43707

The commissioner shall collect the tax due under this section	43708
on amounts wagered during a horse-racing meeting within ten days	43709
after the close of the meeting. The commissioner shall then	43710
immediately forward the ~~moneys~~amount collected to the chief	43711
fiscal officers of the municipal corporations or townships in	43712
which such horse-racing meeting took place and in which any such	43713
facilities or accessory uses therefor were located. ~~Such moneys~~	43714
The amount collected shall be divided equally between the	43715
municipal corporations or townships in which such horse-racing	43716
meeting took place and in which any facilities or accessory uses	43717
therefor were located. Such municipal corporations or townships	43718
may distribute a portion of the moneys so received to any	43719
adjoining political subdivision which incurs increased expenses	43720
because of such horse-racing meeting.	43721

This section shall not apply to any agricultural society	43722
which holds a horse-racing permit.	43723

The amount collected under this section from any one permit	43724
holder shall not exceed fifteen thousand dollars from any one	43725
horse-racing meeting in any calendar year.	43726

Sec. 3770.06. (A) There is hereby created the state lottery	43727
gross revenue fund, which shall be in the custody of the treasurer	43728
of state but shall not be part of the state treasury. All gross	43729
revenues received from sales of lottery tickets, fines, fees, and	43730
related proceeds in connection with the statewide lottery and all	43731
gross proceeds from statewide joint lottery games shall be	43732
deposited into the fund. The treasurer of state shall invest any	43733
portion of the fund not needed for immediate use in the same	43734
manner as, and subject to all provisions of law with respect to	43735
the investment of, state funds. The treasurer of state shall	43736
disburse money from the fund on order of the director of the state	43737
lottery commission or the director's designee.	43738

Except for gross proceeds from statewide joint lottery games,	43739
all revenues of the state lottery gross revenue fund that are not	43740
paid to holders of winning lottery tickets, that are not required	43741
to meet short-term prize liabilities, that are not credited to	43742
lottery sales agents in the form of bonuses, commissions, or	43743
reimbursements, that are not paid to financial institutions to	43744
reimburse those institutions for sales agent nonsufficient funds,	43745
and that are collected from sales agents for remittance to	43746
insurers under contract to provide sales agent bonding services	43747
shall be transferred to the state lottery fund, which is hereby	43748
created in the state treasury. In addition, all revenues of the	43749
state lottery gross revenue fund that represent the gross proceeds	43750
from the statewide joint lottery games and that are not paid to	43751
holders of winning lottery tickets, that are not required to meet	43752
short-term prize liabilities, that are not credited to lottery	43753
sales agents in the form of bonuses, commissions, or	43754
reimbursements, and that are not necessary to cover operating	43755
expenses associated with those games or to otherwise comply with	43756
the agreements signed by the governor that the director enters	43757
into under division (J) of section 3770.02 of the Revised Code or	43758
the rules the commission adopts under division (B)(5) of section	43759
3770.03 of the Revised Code shall be transferred to the state	43760
lottery fund. All investment earnings of the fund shall be	43761
credited to the fund. Moneys shall be disbursed from the fund	43762
pursuant to vouchers approved by the director. Total disbursements	43763
for monetary prize awards to holders of winning lottery tickets in	43764
connection with the statewide lottery and purchases of goods and	43765
services awarded as prizes to holders of winning lottery tickets	43766
shall be of an amount equal to at least fifty per cent of the	43767
total revenue accruing from the sale of lottery tickets.	43768

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	43769
there is hereby established in the state treasury the lottery	43770
profits education fund. Whenever, in the judgment of the director	43771
of ~~budget and management~~the state lottery commission, the amount	43772
to the credit of the state lottery fund that does not represent	43773
proceeds from statewide joint lottery games is in excess of that	43774
needed to meet the maturing obligations of the commission and as	43775
working capital for its further operations, the director of the	43776
state lottery commission shall recommend the amount of the excess	43777
to be transferred to the lottery profits education fund, and the	43778
director of budget and management may transfer the excess to the	43779
lottery profits education fund in connection with the statewide	43780
lottery. In addition, whenever, in the judgment of the director of	43781
~~budget and management~~the state lottery commission, the amount to	43782
the credit of the state lottery fund that represents proceeds from	43783
statewide joint lottery games equals the entire net proceeds of	43784
those games as described in division (B)(5) of section 3770.03 of	43785
the Revised Code and the rules adopted under that division, the	43786
director of the state lottery commission shall recommend the	43787
amount of the proceeds to be transferred to the lottery profits	43788
education fund, and the director of budget and management may	43789
transfer those proceeds to the lottery profits education fund.	43790
~~There shall also be credited to the fund any repayments of moneys~~	43791
~~loaned from the educational excellence investment fund.~~ Investment	43792
earnings of the lottery profits education fund shall be credited	43793
to the fund.	43794

The lottery profits education fund shall be used solely for	43795
the support of elementary, secondary, vocational, and special	43796
education programs as determined in appropriations made by the	43797
general assembly, or as provided in applicable bond proceedings	43798
for the payment of debt service on obligations issued to pay costs	43799
of capital facilities, including those for a system of common	43800
schools throughout the state pursuant to section 2n of Article	43801
VIII, Ohio Constitution. When determining the availability of	43802
money in the lottery profits education fund, the director of	43803
budget and management may consider all balances and estimated	43804
revenues of the fund.	43805

(C) There is hereby established in the state treasury the	43806
deferred prizes trust fund. With the approval of the director of	43807
budget and management, an amount sufficient to fund annuity prizes	43808
shall be transferred from the state lottery fund and credited to	43809
the trust fund. The treasurer of state shall credit all earnings	43810
arising from investments purchased under this division to the	43811
trust fund. Within sixty days after the end of each fiscal year,	43812
the treasurer of state shall certify to the director of budget and	43813
management whether the actuarial amount of the trust fund is	43814
sufficient over the fund's life for continued funding of all	43815
remaining deferred prize liabilities as of the last day of the	43816
fiscal year just ended. Also, within that sixty days, the director	43817
of budget and management shall certify the amount of investment	43818
earnings necessary to have been credited to the trust fund during	43819
the fiscal year just ending to provide for such continued funding	43820
of deferred prizes. Any earnings credited in excess of the latter	43821
certified amount shall be transferred to the lottery profits	43822
education fund.	43823

To provide all or a part of the amounts necessary to fund	43824
deferred prizes awarded by the commission in connection with the	43825
statewide lottery, the treasurer of state, in consultation with	43826
the commission, may invest moneys contained in the deferred prizes	43827
trust fund which represents proceeds from the statewide lottery in	43828
obligations of the type permitted for the investment of state	43829
funds but whose maturities are thirty years or less.	43830
Notwithstanding the requirements of any other section of the	43831
Revised Code, to provide all or part of the amounts necessary to	43832
fund deferred prizes awarded by the commission in connection with	43833
statewide joint lottery games, the treasurer of state, in	43834
consultation with the commission, may invest moneys in the trust	43835
fund which represent proceeds derived from the statewide joint	43836
lottery games in accordance with the rules the commission adopts	43837
under division (B)(5) of section 3770.03 of the Revised Code.	43838
Investments of the trust fund are not subject to the provisions of	43839
division (A)(10) of section 135.143 of the Revised Code limiting	43840
to twenty-five per cent the amount of the state's total average	43841
portfolio that may be invested in debt interests and limiting to	43842
one-half of one per cent the amount that may be invested in debt	43843
interests of a single issuer.	43844

All purchases made under this division shall be effected on a	43845
delivery versus payment method and shall be in the custody of the	43846
treasurer of state.	43847

The treasurer of state may retain an investment advisor, if	43848
necessary. The commission shall pay any costs incurred by the	43849
treasurer of state in retaining an investment advisor.	43850

(D) The auditor of state shall conduct annual audits of all	43851
funds and any other audits as the auditor of state or the general	43852
assembly considers necessary. The auditor of state may examine all	43853
records, files, and other documents of the commission, and records	43854
of lottery sales agents that pertain to their activities as	43855
agents, for purposes of conducting authorized audits.	43856

The state lottery commission shall establish an internal	43857
audit program before the beginning of each fiscal year, subject to	43858
the approval of the auditor of state. At the end of each fiscal	43859
year, the commission shall prepare and submit an annual report to	43860
the auditor of state for the auditor of state's review and	43861
approval, specifying the internal audit work completed by the end	43862
of that fiscal year and reporting on compliance with the annual	43863
internal audit program. The form and content of the report shall	43864
be prescribed by the auditor of state under division (C) of	43865
section 117.20 of the Revised Code.	43866

(E) Whenever, in the judgment of the director of budget and	43867
management, an amount of net state lottery proceeds is necessary	43868
to be applied to the payment of debt service on obligations, all	43869
as defined in sections 151.01 and 151.03 of the Revised Code, the	43870
director shall transfer that amount directly from the state	43871
lottery fund or from the lottery profits education fund to the	43872
bond service fund defined in those sections. The provisions of	43873
this division are subject to any prior pledges or obligation of	43874
those amounts to the payment of bond service charges as defined in	43875
division (C) of section 3318.21 of the Revised Code, as referred	43876
to in division (B) of this section.	43877

Sec. 3781.03. (A) The state fire marshal, the fire chief of a	43878
municipal corporation that has a fire department, or the fire	43879
chief of a township that has a fire department shall enforce the	43880
provisions of this chapter and Chapter 3791. of the Revised Code	43881
that relate to fire prevention.	43882

(B) The superintendent of ~~labor~~industrial compliance, or the	43883
building inspector or commissioner of buildings in a municipal	43884
corporation, county, or township in which the building department	43885
is certified by the board of building standards under section	43886
3781.10 of the Revised Code shall enforce in the jurisdiction of	43887
each entity all the provisions in this chapter and Chapter 3791.	43888
of the Revised Code and any rules adopted pursuant to those	43889
chapters that relate to the construction, arrangement, and	43890
erection of all buildings or parts of buildings, as defined in	43891
section 3781.06 of the Revised Code, including the sanitary	43892
condition of those buildings in relation to heating and	43893
ventilation.	43894

(C) The division of ~~labor~~industrial compliance in the	43895
department of commerce, boards of health of health districts,	43896
certified departments of building inspection of municipal	43897
corporations, and county building departments that have authority	43898
to perform inspections pursuant to a contract under division	43899
(C)(1) of section 3703.01 of the Revised Code, subject to Chapter	43900
3703. of the Revised Code, shall enforce this chapter and Chapter	43901
3791. of the Revised Code and the rules adopted pursuant to those	43902
chapters that relate to plumbing. Building drains are considered	43903
plumbing for the purposes of enforcement of those chapters.	43904

(D)(1) In accordance with Chapter 3703. of the Revised Code,	43905
the department of the city engineer, in cities having such	43906
departments, the boards of health of health districts, or the	43907
sewer purveyor, as appropriate, shall have complete authority to	43908
supervise and regulate the entire sewerage and drainage system in	43909
the jurisdiction in which it is exercising the authority described	43910
in this division, including the building sewer and all laterals	43911
draining into the street sewers.	43912

(2) In accordance with Chapter 3703. of the Revised Code, the	43913
department of the city engineer, the boards of health of health	43914
districts, or the sewer purveyor, as appropriate, shall control	43915
and supervise the installation and construction of all drains and	43916
sewers that become a part of the sewerage system and shall issue	43917
all the necessary permits and licenses for the construction and	43918
installation of all building sewers and of all other lateral	43919
drains that empty into the main sewers. The department of the city	43920
engineer, the boards of health of health districts, and the sewer	43921
purveyor, as appropriate, shall keep a permanent record of the	43922
installation and location of every drain and sewer of the drainage	43923
and sewerage system of the jurisdiction in which it has exercised	43924
the authority described in this division.	43925

(E) This section does not exempt any officer or department	43926
from the obligation to enforce this chapter and Chapter 3791. of	43927
the Revised Code.	43928

Sec. 3781.06. (A)(1) Any building that may be used as a	43929
place of resort, assembly, education, entertainment, lodging,	43930
dwelling, trade, manufacture, repair, storage, traffic, or	43931
occupancy by the public, any residential building, and all other	43932
buildings or parts and appurtenances of those buildings erected	43933
within this state, shall be so constructed, erected, equipped, and	43934
maintained that they shall be safe and sanitary for their intended	43935
use and occupancy.	43936

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	43937
Revised Code shall be construed to limit the power of the ~~public~~	43938
~~health council~~manufactured homes commission to adopt rules of	43939
uniform application governing manufactured home parks pursuant to	43940
section ~~3733.02~~4781.26 of the Revised Code.	43941

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	43942
Code do not apply to either of the following:	43943

(1) Buildings or structures that are incident to the use for	43944
agricultural purposes of the land on which the buildings or	43945
structures are located, provided those buildings or structures are	43946
not used in the business of retail trade. For purposes of this	43947
division, a building or structure is not considered used in the	43948
business of retail trade if fifty per cent or more of the gross	43949
income received from sales of products in the building or	43950
structure by the owner or operator is from sales of products	43951
produced or raised in a normal crop year on farms owned or	43952
operated by the seller.	43953

(2) Existing single-family, two-family, and three-family	43954
detached dwelling houses for which applications have been	43955
submitted to the director of job and family services pursuant to	43956
section 5104.03 of the Revised Code for the purposes of operating	43957
type A family day-care homes as defined in section 5104.01 of the	43958
Revised Code.	43959

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	43960
Revised Code:	43961

(1) "Agricultural purposes" include agriculture, farming,	43962
dairying, pasturage, apiculture, horticulture, floriculture,	43963
viticulture, ornamental horticulture, olericulture, pomiculture,	43964
and animal and poultry husbandry.	43965

(2) "Building" means any structure consisting of foundations,	43966
walls, columns, girders, beams, floors, and roof, or a combination	43967
of any number of these parts, with or without other parts or	43968
appurtenances.	43969

(3) "Industrialized unit" means a building unit or assembly	43970
of closed construction fabricated in an off-site facility, that is	43971
substantially self-sufficient as a unit or as part of a greater	43972
structure, and that requires transportation to the site of	43973
intended use. "Industrialized unit" includes units installed on	43974
the site as independent units, as part of a group of units, or	43975
incorporated with standard construction methods to form a	43976
completed structural entity. "Industrialized unit" does not	43977
include a manufactured home as defined by division (C)(4) of this	43978
section or a mobile home as defined by division (O) of section	43979
4501.01 of the Revised Code.	43980

(4) "Manufactured home" means a building unit or assembly of	43981
closed construction that is fabricated in an off-site facility and	43982
constructed in conformance with the federal construction and	43983
safety standards established by the secretary of housing and urban	43984
development pursuant to the "Manufactured Housing Construction and	43985
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	43986
5403, and that has a permanent label or tag affixed to it, as	43987
specified in 42 U.S.C.A. 5415, certifying compliance with all	43988
applicable federal construction and safety standards.	43989

(5) "Permanent foundation" means permanent masonry, concrete,	43990
or a footing or foundation approved by the manufactured homes	43991
commission pursuant to Chapter 4781. of the Revised Code, to which	43992
a manufactured or mobile home may be affixed.	43993

(6) "Permanently sited manufactured home" means a	43994
manufactured home that meets all of the following criteria:	43995

(a) The structure is affixed to a permanent foundation and is	43996
connected to appropriate facilities;	43997

(b) The structure, excluding any addition, has a width of at	43998
least twenty-two feet at one point, a length of at least	43999
twenty-two feet at one point, and a total living area, excluding	44000
garages, porches, or attachments, of at least nine hundred square	44001
feet;	44002

(c) The structure has a minimum 3:12 residential roof pitch,	44003
conventional residential siding, and a six-inch minimum eave	44004
overhang, including appropriate guttering;	44005

(d) The structure was manufactured after January 1, 1995;

44006

(e) The structure is not located in a manufactured home park	44007
as defined by section ~~3733.01~~4781.01 of the Revised Code.	44008

(7) "Safe," with respect to a building, means it is free from	44009
danger or hazard to the life, safety, health, or welfare of	44010
persons occupying or frequenting it, or of the public and from	44011
danger of settlement, movement, disintegration, or collapse,	44012
whether such danger arises from the methods or materials of its	44013
construction or from equipment installed therein, for the purpose	44014
of lighting, heating, the transmission or utilization of electric	44015
current, or from its location or otherwise.	44016

(8) "Sanitary," with respect to a building, means it is free	44017
from danger or hazard to the health of persons occupying or	44018
frequenting it or to that of the public, if such danger arises	44019
from the method or materials of its construction or from any	44020
equipment installed therein, for the purpose of lighting, heating,	44021
ventilating, or plumbing.	44022

(9) "Residential building" means a one-family, two-family, or	44023
three-family dwelling house, and any accessory structure	44024
incidental to that dwelling house. "Residential building" includes	44025
a one-family, two-family, or three-family dwelling house that is	44026
used as a model to promote the sale of a similar dwelling house.	44027
"Residential building" does not include an industrialized unit as	44028
defined by division (C)(3) of this section, a manufactured home as	44029
defined by division (C)(4) of this section, or a mobile home as	44030
defined by division (O) of section 4501.01 of the Revised Code.	44031

(10) "Nonresidential building" means any building that is not	44032
a residential building or a manufactured or mobile home.	44033

(11) "Accessory structure" means a structure that is attached	44034
to a residential building and serves the principal use of the	44035
residential building. "Accessory structure" includes, but is not	44036
limited to, a garage, porch, or screened-in patio.	44037

Sec. 3781.102. (A) Any county or municipal building	44038
department certified pursuant to division (E) of section 3781.10	44039
of the Revised Code as of September 14, 1970, and that, as of that	44040
date, was inspecting single-family, two-family, and three-family	44041
residences, and any township building department certified	44042
pursuant to division (E) of section 3781.10 of the Revised Code,	44043
is hereby declared to be certified to inspect single-family,	44044
two-family, and three-family residences containing industrialized	44045
units, and shall inspect the buildings or classes of buildings	44046
subject to division (E) of section 3781.10 of the Revised Code.	44047

(B) Each board of county commissioners may adopt, by	44048
resolution, rules establishing standards and providing for the	44049
licensing of electrical and heating, ventilating, and air	44050
conditioning contractors who are not required to hold a valid and	44051
unexpired license pursuant to Chapter 4740. of the Revised Code.	44052

Rules adopted by a board of county commissioners pursuant to	44053
this division may be enforced within the unincorporated areas of	44054
the county and within any municipal corporation where the	44055
legislative authority of the municipal corporation has contracted	44056
with the board for the enforcement of the county rules within the	44057
municipal corporation pursuant to section 307.15 of the Revised	44058
Code. The rules shall not conflict with rules adopted by the board	44059
of building standards pursuant to section 3781.10 of the Revised	44060
Code or by the department of commerce pursuant to Chapter 3703. of	44061
the Revised Code. This division does not impair or restrict the	44062
power of municipal corporations under Section 3 of Article XVIII,	44063
Ohio Constitution, to adopt rules concerning the erection,	44064
construction, repair, alteration, and maintenance of buildings and	44065
structures or of establishing standards and providing for the	44066
licensing of specialty contractors pursuant to section 715.27 of	44067
the Revised Code.	44068

A board of county commissioners, pursuant to this division,	44069
may require all electrical contractors and heating, ventilating,	44070
and air conditioning contractors, other than those who hold a	44071
valid and unexpired license issued pursuant to Chapter 4740. of	44072
the Revised Code, to successfully complete an examination, test,	44073
or demonstration of technical skills, and may impose a fee and	44074
additional requirements for a license to engage in their	44075
respective occupations within the jurisdiction of the board's	44076
rules under this division.	44077

(C) No board of county commissioners shall require any	44078
specialty contractor who holds a valid and unexpired license	44079
issued pursuant to Chapter 4740. of the Revised Code to	44080
successfully complete an examination, test, or demonstration of	44081
technical skills in order to engage in the type of contracting for	44082
which the license is held, within the unincorporated areas of the	44083
county and within any municipal corporation whose legislative	44084
authority has contracted with the board for the enforcement of	44085
county regulations within the municipal corporation, pursuant to	44086
section 307.15 of the Revised Code.	44087

(D) A board may impose a fee for registration of a specialty	44088
contractor who holds a valid and unexpired license issued pursuant	44089
to Chapter 4740. of the Revised Code before that specialty	44090
contractor may engage in the type of contracting for which the	44091
license is held within the unincorporated areas of the county and	44092
within any municipal corporation whose legislative authority has	44093
contracted with the board for the enforcement of county	44094
regulations within the municipal corporation, pursuant to section	44095
307.15 of the Revised Code, provided that the fee is the same for	44096
all specialty contractors who wish to engage in that type of	44097
contracting. If a board imposes such a fee, the board immediately	44098
shall permit a specialty contractor who presents proof of holding	44099
a valid and unexpired license and pays the required fee to engage	44100
in the type of contracting for which the license is held within	44101
the unincorporated areas of the county and within any municipal	44102
corporation whose legislative authority has contracted with the	44103
board for the enforcement of county regulations within the	44104
municipal corporation, pursuant to section 307.15 of the Revised	44105
Code.	44106

(E) The political subdivision associated with each municipal,	44107
township, and county building department the board of building	44108
standards certifies pursuant to division (E) of section 3781.10 of	44109
the Revised Code may prescribe fees to be paid by persons,	44110
political subdivisions, or any department, agency, board,	44111
commission, or institution of the state, for the acceptance and	44112
approval of plans and specifications, and for the making of	44113
inspections, pursuant to sections 3781.03 and 3791.04 of the	44114
Revised Code.	44115

(F) Each political subdivision that prescribes fees pursuant	44116
to division (E) of this section shall collect, on behalf of the	44117
board of building standards, fees equal to the following:	44118

(1) Three per cent of the fees the political subdivision	44119
collects in connection with nonresidential buildings;	44120

(2) One per cent of the fees the political subdivision	44121
collects in connection with residential buildings.	44122

(G)(1) The board shall adopt rules, in accordance with	44123
Chapter 119. of the Revised Code, specifying the manner in which	44124
the fee assessed pursuant to division (F) of this section shall be	44125
collected and remitted monthly to the board. The board shall pay	44126
the fees into the state treasury to the credit of the ~~labor~~	44127
industrial compliance operating fund created in section 121.084 of	44128
the Revised Code.	44129

(2) All money credited to the ~~labor~~industrial compliance	44130
operating fund under this division shall be used exclusively for	44131
the following:	44132

(a) Operating costs of the board;

44133

(b) Providing services, including educational programs, for	44134
the building departments that are certified by the board pursuant	44135
to division (E) of section 3781.10 of the Revised Code;	44136

(c) Paying the expenses of the residential construction	44137
advisory committee, including the expenses of committee members as	44138
provided in section 4740.14 of the Revised Code.	44139

(H) A board of county commissioners that adopts rules	44140
providing for the licensing of electrical and heating,	44141
ventilating, and air conditioning contractors, pursuant to	44142
division (B) of this section, may accept, for purposes of	44143
satisfying the requirements of rules adopted under that division,	44144
a valid and unexpired license issued pursuant to Chapter 4740. of	44145
the Revised Code that is held by an electrical or heating,	44146
ventilating, and air conditioning contractor, for the	44147
construction, replacement, maintenance, or repair of one-family,	44148
two-family, or three-family dwelling houses or accessory	44149
structures incidental to those dwelling houses.	44150

(I) A board of county commissioners shall not register a	44151
specialty contractor who is required to hold a license under	44152
Chapter 4740. of the Revised Code but does not hold a valid	44153
license issued under that chapter.	44154

(J) As used in this section, "specialty contractor" means a	44155
heating, ventilating, and air conditioning contractor,	44156
refrigeration contractor, electrical contractor, plumbing	44157
contractor, or hydronics contractor, as those contractors are	44158
described in Chapter 4740. of the Revised Code.	44159

Sec. 3781.11. (A) The rules of the board of building	44160
standards shall:	44161

(1) For nonresidential buildings, provide uniform minimum	44162
standards and requirements, and for residential buildings, provide	44163
standards and requirements that are uniform throughout the state,	44164
for construction and construction materials, including	44165
construction of industrialized units, to make residential and	44166
nonresidential buildings safe and sanitary as defined in section	44167
3781.06 of the Revised Code;	44168

(2) Formulate such standards and requirements, so far as may	44169
be practicable, in terms of performance objectives, so as to make	44170
adequate performance for the use intended the test of	44171
acceptability;	44172

(3) Permit, to the fullest extent feasible, the use of	44173
materials and technical methods, devices, and improvements,	44174
including the use of industrialized units which tend to reduce the	44175
cost of construction and erection without affecting minimum	44176
requirements for the health, safety, and security of the occupants	44177
or users of buildings or industrialized units and without	44178
preferential treatment of types or classes of materials or	44179
products or methods of construction;	44180

(4) Encourage, so far as may be practicable, the	44181
standardization of construction practices, methods, equipment,	44182
material, and techniques, including methods employed to produce	44183
industrialized units;	44184

(5) Not require any alteration or repair of any part of a	44185
school building owned by a chartered nonpublic school or a city,	44186
local, exempted village, or joint vocational school district and	44187
operated in conjunction with any primary or secondary school	44188
program that is not being altered or repaired if all of the	44189
following apply:	44190

(a) The school building meets all of the applicable building	44191
code requirements in existence at the time of the construction of	44192
the building.	44193

(b) The school building otherwise satisfies the requirements	44194
of section 3781.06 of the Revised Code.	44195

(c) The part of the school building altered or repaired	44196
conforms to all rules of the board existing on the date of the	44197
repair or alteration.	44198

(6) Not require any alteration or repair to any part of a	44199
workshop or factory that is not otherwise being altered, repaired,	44200
or added to if all of the following apply:	44201

(a) The workshop or factory otherwise satisfies the	44202
requirements of section 3781.06 of the Revised Code.	44203

(b) The part of the workshop or factory altered, repaired, or	44204
added conforms to all rules of the board existing on the date of	44205
plan approval of the repair, alteration, or addition.	44206

(B) The rules of the board shall supersede and govern any	44207
order, standard, or rule of the division of ~~labor~~industrial	44208
compliance in the department of commerce, division of the state	44209
fire marshal, the department of health, and of counties and	44210
townships, in all cases where such orders, standards, or rules are	44211
in conflict with the rules of the board, except that rules adopted	44212
and orders issued by the state fire marshal pursuant to Chapter	44213
3743. of the Revised Code prevail in the event of a conflict.	44214

(C) The construction, alteration, erection, and repair of	44215
buildings including industrialized units, and the materials and	44216
devices of any kind used in connection with them and the heating	44217
and ventilating of them and the plumbing and electric wiring in	44218
them shall conform to the statutes of this state or the rules	44219
adopted and promulgated by the board, and to provisions of local	44220
ordinances not inconsistent therewith. Any building, structure, or	44221
part thereof, constructed, erected, altered, manufactured, or	44222
repaired not in accordance with the statutes of this state or with	44223
the rules of the board, and any building, structure, or part	44224
thereof in which there is installed, altered, or repaired any	44225
fixture, device, and material, or plumbing, heating, or	44226
ventilating system, or electric wiring not in accordance with such	44227
statutes or rules is a public nuisance.	44228

(D) As used in this section:

44229

(1) "Nonpublic school" means a chartered school for which	44230
minimum standards are prescribed by the state board of education	44231
pursuant to division (D) of section 3301.07 of the Revised Code.	44232

(2) "Workshop or factory" includes manufacturing, mechanical,	44233
electrical, mercantile, art, and laundering establishments,	44234
printing, telegraph, and telephone offices, railroad depots, and	44235
memorial buildings, but does not include hotels and tenement and	44236
apartment houses.	44237

Sec. 3781.112. (A) As used in this section, "secured	44238
facility" means any of the following:	44239

(1) A maternity ~~boardinghouse or lying-in hospital~~unit,	44240
newborn care nursery, or maternity home licensed under ~~section~~	44241
~~3711.02~~Chapter 3711. of the Revised Code;	44242

(2) A pediatric intensive care unit subject to rules adopted	44243
by the director of health pursuant to section 3702.11 of the	44244
Revised Code;	44245

(3) A children's hospital, as defined in section ~~3702.51~~	44246
3727.01 of the Revised Code;	44247

(4) A hospital that is licensed under section 5119.20 of the	44248
Revised Code to receive mentally ill persons;	44249

(5) The portion of a nursing home licensed under section	44250
3721.02 of the Revised Code or in accordance with section 3721.09	44251
of the Revised Code in which specialized care is provided to	44252
residents of the nursing home who have physical or mental	44253
conditions that require a resident to be restricted in the	44254
resident's freedom of movement for the health and safety of the	44255
resident, the staff attending the resident, or the general public.	44256

(B) A secured facility may take reasonable steps in	44257
accordance with rules the board of building standards adopts under	44258
division (A) of section 3781.10 of the Revised Code and in	44259
accordance with the state fire code the fire marshal adopts under	44260
section 3737.82 of the Revised Code, to deny egress to confine and	44261
protect patients or residents of the secured facility who are not	44262
capable of self-preservation. A secured facility that wishes to	44263
deny egress to those patients or residents may use delayed-egress	44264
doors and electronically coded doors to deny egress, on the	44265
condition that those doors are installed and used in accordance	44266
with rules the board of building standards adopts under division	44267
(A) of section 3781.10 of the Revised Code and in accordance with	44268
the state fire code the fire marshal adopts under section 3737.82	44269
of the Revised Code. A secured facility also may install	44270
controlled-egress locks, in compliance with rules the board of	44271
building standards adopts under division (A) section 3781.10 of	44272
the Revised Code and in compliance with the state fire code the	44273
fire marshal adopts under section 3737.82 of the Revised Code, in	44274
areas of the secured facility where patients or residents who have	44275
physical or mental conditions that would endanger the patients or	44276
residents, the staff attending the patients or residents, or the	44277
general public if those patients or residents are not restricted	44278
in their freedom of movement. A secured facility that uses	44279
delayed-egress doors and electronically coded doors,	44280
controlled-egress locks, or both, shall do both of the following:	44281

(1) Provide continuous, twenty-four-hour custodial care to	44282
the patients or residents of the facility;	44283

(2) Establish a system to evacuate patients or residents in	44284
the event of fire or other emergency.	44285

Sec. 3783.05. The board of building standards, in accordance	44286
with Chapters 119., 3781., and 3791. of the Revised Code, shall	44287
adopt, amend, or repeal such rules as may be reasonably necessary	44288
to administer this chapter. All fees collected by the board	44289
pursuant to this chapter shall be paid into the state treasury to	44290
the credit of the ~~labor~~industrial compliance operating fund	44291
created in section 121.084 of the Revised Code.	44292

Sec. 3791.02. No owner, or person having the control as an	44293
officer or member of a board or committee or otherwise of any	44294
opera house, hall, theater, church, schoolhouse, college, academy,	44295
seminary, infirmary, sanitarium, children's home, hospital,	44296
medical institute, asylum, memorial building, armory, assembly	44297
hall, or other building for the assemblage or betterment of people	44298
shall fail to obey any order of the state fire marshal, boards of	44299
health of city and general health districts, the building	44300
inspector or commissioner in cities having a building inspection	44301
department, or the superintendent of ~~labor~~industrial compliance	44302
in the department of commerce under Chapters 3781. and 3791. of	44303
the Revised Code or rules or regulations adopted pursuant thereto.	44304

Whoever violates this section shall be fined not more than	44305
one thousand dollars.	44306

Sec. 3791.04. (A)(1) Before beginning the construction,	44307
erection, or manufacture of any building to which section 3781.06	44308
of the Revised Code applies, including all industrialized units,	44309
the owner of that building, in addition to any other submission	44310
required by law, shall submit plans or drawings, specifications,	44311
and data prepared for the construction, erection, equipment,	44312
alteration, or addition that indicate the portions that have been	44313
approved pursuant to section 3781.12 of the Revised Code and for	44314
which no further approval is required, to the municipal, township,	44315
or county building department having jurisdiction unless one of	44316
the following applies:	44317

(a) If no municipal, township, or county building department	44318
certified for nonresidential buildings pursuant to division (E) of	44319
section 3781.10 of the Revised Code has jurisdiction, the owner	44320
shall make the submissions described in division (A)(1) of this	44321
section to the superintendent of ~~labor~~industrial compliance.	44322

(b) If no certified municipal, township, or county building	44323
department certified for residential buildings pursuant to	44324
division (E) of section 3781.10 of the Revised Code has	44325
jurisdiction, the owner is not required to make the submissions	44326
described in division (A)(1) of this section.	44327

(2)(a) The seal of an architect registered under Chapter	44328
4703. of the Revised Code or an engineer registered under Chapter	44329
4733. of the Revised Code is required for any plans, drawings,	44330
specifications, or data submitted for approval, unless the plans,	44331
drawings, specifications, or data are permitted to be prepared by	44332
persons other than registered architects pursuant to division (C)	44333
or (D) of section 4703.18 of the Revised Code, or by persons other	44334
than registered engineers pursuant to division (C) or (D) of	44335
section 4733.18 of the Revised Code.	44336

(b) No seal is required for any plans, drawings,	44337
specifications, or data submitted for approval for any residential	44338
buildings, as defined in section 3781.06 of the Revised Code, or	44339
erected as industrialized one-, two-, or three-family units or	44340
structures within the meaning of "industrialized unit" as defined	44341
in section 3781.06 of the Revised Code.	44342

(c) No seal is required for approval of the installation of	44343
replacement equipment or systems that are similar in type or	44344
capacity to the equipment or systems being replaced. No seal is	44345
required for approval for any new construction, improvement,	44346
alteration, repair, painting, decorating, or other modification of	44347
any buildings or structures subject to sections 3781.06 to 3781.18	44348
and 3791.04 of the Revised Code if the proposed work does not	44349
involve technical design analysis, as defined by rule adopted by	44350
the board of building standards.	44351

(B) No owner shall proceed with the construction, erection,	44352
alteration, or equipment of any building until the plans or	44353
drawings, specifications, and data have been approved as this	44354
section requires, or the industrialized unit inspected at the	44355
point of origin. No plans or specifications shall be approved or	44356
inspection approval given unless the building represented would,	44357
if constructed, repaired, erected, or equipped, comply with	44358
Chapters 3781. and 3791. of the Revised Code and any rule made	44359
under those chapters.	44360

(C) The approval of plans or drawings and specifications or	44361
data pursuant to this section is invalid if construction,	44362
erection, alteration, or other work upon the building has not	44363
commenced within twelve months of the approval of the plans or	44364
drawings and specifications. One extension shall be granted for an	44365
additional twelve-month period if the owner requests at least ten	44366
days in advance of the expiration of the permit and upon payment	44367
of a fee not to exceed one hundred dollars. If in the course of	44368
construction, work is delayed or suspended for more than six	44369
months, the approval of plans or drawings and specifications or	44370
data is invalid. Two extensions shall be granted for six months	44371
each if the owner requests at least ten days in advance of the	44372
expiration of the permit and upon payment of a fee for each	44373
extension of not more than one hundred dollars. Before any work	44374
may continue on the construction, erection, alteration, or	44375
equipment of any building for which the approval is invalid, the	44376
owner of the building shall resubmit the plans or drawings and	44377
specifications for approval pursuant to this section.	44378

(D) Subject to section 3791.042 of the Revised Code, the	44379
board of building standards or the legislative authority of a	44380
municipal corporation, township, or county, by rule, may regulate	44381
the requirements for the submission of plans and specifications to	44382
the respective enforcing departments and for processing by those	44383
departments. The board of building standards or the legislative	44384
authority of a municipal corporation, township, or county may	44385
adopt rules to provide for the approval, subject to section	44386
3791.042 of the Revised Code, by the department having	44387
jurisdiction of the plans for construction of a foundation or any	44388
other part of a building or structure before the complete plans	44389
and specifications for the entire building or structure are	44390
submitted. When any plans are approved by the department having	44391
jurisdiction, the structure and every particular represented by	44392
and disclosed in those plans shall, in the absence of fraud or a	44393
serious safety or sanitation hazard, be conclusively presumed to	44394
comply with Chapters 3781. and 3791. of the Revised Code and any	44395
rule issued pursuant to those chapters, if constructed, altered,	44396
or repaired in accordance with those plans and any rule in effect	44397
at the time of approval.	44398

(E) The approval of plans and specifications, including	44399
inspection of industrialized units, under this section is a	44400
"license" and the failure to approve plans or specifications as	44401
submitted or to inspect the unit at the point of origin within	44402
thirty days after the plans or specifications are filed or the	44403
request to inspect the industrialized unit is made, the	44404
disapproval of plans and specifications, or the refusal to approve	44405
an industrialized unit following inspection at the point of origin	44406
is "an adjudication order denying the issuance of a license"	44407
requiring an "adjudication hearing" as provided by sections 119.07	44408
to 119.13 of the Revised Code and as modified by sections 3781.031	44409
and 3781.19 of the Revised Code. An adjudication order denying the	44410
issuance of a license shall specify the reasons for that denial.	44411

(F) The board of building standards shall not require the	44412
submission of site preparation plans or plot plans to the division	44413
of ~~labor~~industrial compliance when industrialized units are used	44414
exclusively as one-, two-, or three-family dwellings.	44415

(G) Notwithstanding any procedures the board establishes, if	44416
the agency having jurisdiction objects to any portion of the plans	44417
or specifications, the owner or the owner's representative may	44418
request the agency to issue conditional approval to proceed with	44419
construction up to the point of the objection. Approval shall be	44420
issued only when the objection results from conflicting	44421
interpretations of the rules of the board of building standards	44422
rather than the application of specific technical requirements of	44423
the rules. Approval shall not be issued where the correction of	44424
the objection would cause extensive changes in the building design	44425
or construction. The giving of conditional approval is a	44426
"conditional license" to proceed with construction up to the point	44427
where the construction or materials objected to by the agency are	44428
to be incorporated into the building. No construction shall	44429
proceed beyond that point without the prior approval of the agency	44430
or another agency that conducts an adjudication hearing relative	44431
to the objection. The agency having jurisdiction shall specify its	44432
objections to the plans or specifications, which is an	44433
"adjudication order denying the issuance of a license" and may be	44434
appealed pursuant to sections 119.07 to 119.13 of the Revised Code	44435
and as modified by sections 3781.031 and 3781.19 of the Revised	44436
Code.	44437

(H) A certified municipal, township, or county building	44438
department having jurisdiction, or the superintendent, as	44439
appropriate, shall review any plans, drawings, specifications, or	44440
data described in this section that are submitted to it or to the	44441
superintendent.	44442

(I) No owner or persons having control as an officer, or as a	44443
member of a board or committee, or otherwise, of a building to	44444
which section 3781.06 of the Revised Code is applicable, and no	44445
architect, designer, engineer, builder, contractor, subcontractor,	44446
or any officer or employee of a municipal, township, or county	44447
building department shall violate this section.	44448

(J) Whoever violates this section shall be fined not more	44449
than five hundred dollars.	44450

Sec. 3791.05. No owner, lessee, agent, factor, architect, or	44451
contractor engaged in and having supervision or charge of the	44452
building, erection, or construction of a block, building, or	44453
structure, shall neglect or refuse to place or have placed upon	44454
the joists of each story thereof, as soon as joists are in	44455
position, counter floors of such quality and strength as to render	44456
perfectly safe the going to and from thereon of all mechanics,	44457
laborers, and other persons engaged upon the work of construction	44458
or supervision, or in placing materials for such construction.	44459

Whoever violates this section shall be fined not less than	44460
twenty-five nor more than two hundred dollars.	44461

Each day that such person neglects or refuses to have such	44462
counter floors so placed, after notice is given by a building	44463
inspector, a chief inspector, or deputy inspector of the city	44464
building inspection department in cities where such department is	44465
organized, or by the superintendent of ~~labor~~industrial compliance	44466
of the state, in cities where such departments are not organized,	44467
or from a person whose life or personal safety may be endangered	44468
by such neglect or refusal, is a separate offense.	44469

Sec. 3791.07. (A) The board of building standards may	44470
establish such reasonable inspection fee schedules as it	44471
determines necessary or desirable relating to the inspection of	44472
all plans and specifications submitted for approval to the	44473
division of ~~labor~~industrial compliance, and all industrialized	44474
units inspected at the point of origin and at the construction	44475
site of the building. The inspection fee schedule established	44476
shall bear some reasonable relationship to the cost of	44477
administering and enforcing the provisions of Chapters 3781. and	44478
3791. of the Revised Code.	44479

(B) In addition to the fee assessed in division (A) of this	44480
section, the board shall assess a fee of not more than five	44481
dollars for each application for acceptance and approval of plans	44482
and specifications and for making inspections pursuant to section	44483
3791.04 of the Revised Code. The board shall adopt rules, in	44484
accordance with Chapter 119. of the Revised Code, specifying the	44485
manner by which the superintendent of ~~labor~~industrial compliance	44486
shall collect and remit to the board the fees assessed under this	44487
division and requiring that remittance of the fees be made at	44488
least quarterly.	44489

(C) Any person who fails to pay an inspection fee required	44490
for any inspection conducted by the department of commerce	44491
pursuant to Chapters 3781. and 3791. of the Revised Code, except	44492
for fees charged for the inspection of plans and specifications,	44493
within forty-five days after the inspection is conducted, shall	44494
pay a late payment fee equal to twenty-five per cent of the	44495
inspection fee.	44496

(D) The board shall pay the fees assessed under this section	44497
into the state treasury to the credit of the ~~labor~~industrial	44498
compliance operating fund created in section 121.084 of the	44499
Revised Code.	44500

Sec. 3793.04. The department of alcohol and drug addiction	44501
services shall develop, administer, and revise as necessary a	44502
comprehensive statewide alcohol and drug addiction services plan	44503
for the implementation of this chapter. The plan shall emphasize	44504
abstinence from the use of alcohol and drugs of abuse as the	44505
primary goal of alcohol and drug addiction services. The council	44506
on alcohol ~~and~~, drug, and gambling addiction services shall advise	44507
the department in the development and implementation of the plan.	44508

The plan shall provide for the allocation and distribution of	44509
funds appropriated to the department by the general assembly for	44510
services furnished by alcohol and drug addiction programs under	44511
contract with boards of alcohol, drug addiction, and mental health	44512
services. The department shall exclude from the allocation and	44513
distribution any funds that are transferred to the department of	44514
job and family services to pay the nonfederal share of alcohol and	44515
drug addiction services covered by the medicaid program.	44516

The plan shall specify the methodology that the department	44517
will use for determining how the funds will be allocated and	44518
distributed. A portion of the funds shall be allocated on the	44519
basis of the ratio of the population of each alcohol, drug	44520
addiction, and mental health service district to the total	44521
population of the state as determined from the most recent federal	44522
census or the most recent official estimate made by the United	44523
States census bureau.	44524

The plan shall ensure that alcohol and drug addiction	44525
services of a high quality are accessible to, and responsive to	44526
the needs of, all persons, especially those who are members of	44527
underserved groups, including, but not limited to, African	44528
Americans, Hispanics, native Americans, Asians, juvenile and adult	44529
offenders, women, veterans, and persons with special services	44530
needs due to age or disability. The plan shall include a program	44531
to promote and protect the rights of those who receive services.	44532

To aid in formulating the plan and in evaluating the	44533
effectiveness and results of alcohol and drug addiction services,	44534
the department, in consultation with the department of mental	44535
health, shall establish and maintain an information system or	44536
systems. The department of alcohol and drug addiction services	44537
shall specify the information that must be provided by boards of	44538
alcohol, drug addiction, and mental health services and by alcohol	44539
and drug addiction programs for inclusion in the system. The	44540
department shall not collect any personal information from the	44541
boards except as required or permitted by state or federal law for	44542
purposes related to payment, health care operations, program and	44543
service evaluation, reporting activities, research, system	44544
administration, and oversight.	44545

In consultation with boards, programs, and persons receiving	44546
services, the department shall establish guidelines for the use of	44547
funds allocated and distributed under this section and for the	44548
boards' development of plans for services required by sections	44549
340.033 and 3793.05 of the Revised Code.	44550

In any fiscal year, the department shall spend, or allocate	44551
to boards, for methadone maintenance programs or any similar	44552
programs not more than eight per cent of the total amount	44553
appropriated to the department for the fiscal year.	44554

Sec. 3793.041. The department of alcohol and drug addiction	44555
services shall develop, administer, and revise as necessary a	44556
comprehensive statewide gambling addiction services plan. The	44557
council on alcohol, drug, and gambling addiction services shall	44558
advise the department in the development and implementation of the	44559
plan.	44560

The plan shall provide for allocation and distribution of	44561
funds from the problem casino gambling and addictions fund	44562
described in Section 6(C)(3)(g) of Article XV, Ohio Constitution,	44563
and any funding to be distributed by the department for problem	44564
gambling.	44565

The plan shall specify the methodology that the department	44566
will use for determining how the funds will be allocated and	44567
distributed. A portion of the funds shall be allocated on the	44568
basis of the ratio of the population of each alcohol, drug	44569
addiction, and mental health service district to the total	44570
population of the state as determined from the most recent federal	44571
census or the most recent official estimate made by the United	44572
States census bureau.	44573

The plan shall ensure that gambling addiction services of a	44574
high quality are accessible to, and responsive to the needs of,	44575
all persons, especially those who are members of underserved	44576
groups, including, but not limited to, African Americans,	44577
Hispanics, native Americans, Asians, juvenile and adult offenders,	44578
women, veterans, and persons with special services needs due to	44579
age or disability. The plan shall include a program to promote and	44580
protect the rights of those who receive services.	44581

To aid in formulating the plan and in evaluating the	44582
effectiveness and results of gambling addiction services, the	44583
department, in consultation with the department of mental health,	44584
shall establish and maintain an information system or systems. The	44585
department of alcohol and drug addiction services shall specify	44586
the information that must be provided by boards of alcohol, drug	44587
addiction, and mental health services and by gambling addiction	44588
programs for inclusion in the system. The department shall not	44589
collect any personal information from the boards except as	44590
required or permitted by state or federal law for purposes related	44591
to payment, health care operations, program and service	44592
evaluation, reporting activities, research, system administration,	44593
and oversight.	44594

In consultation with boards, programs, and persons receiving	44595
services, the department shall establish guidelines for the use of	44596
funds allocated and distributed under this section.	44597

Sec. 3793.09. (A) There is hereby created the council on	44598
alcohol ~~and~~, drug, and gambling addiction services which shall	44599
consist of the public officials specified in division (B) of this	44600
section, or their designees, and ~~thirteen~~fourteen members	44601
appointed by the governor with the advice and consent of the	44602
senate. The members appointed by the governor shall be	44603
representatives of the following: boards of alcohol, drug	44604
addiction, and mental health services; the criminal and juvenile	44605
justice systems; ~~and~~ alcohol and drug addiction programs; and	44606
gambling addiction programs. At least four of the appointed	44607
members shall be persons who have received or are receiving	44608
alcohol or drug addiction services or are parents or other	44609
relatives of such persons; of these at least two shall be women	44610
and at least one shall be a member of a minority ~~group.~~	44611

~~The governor shall make initial appointments to the council~~	44612
~~not later than thirty days after October 10, 1989. Of the initial~~	44613
~~appointments, six shall be for terms ending July 31, 1991, and~~	44614
~~seven shall be for terms ending July 31, 1992. Thereafter, terms~~	44615
group. At least one appointed member shall be an individual who	44616
has received or is receiving gambling addiction services.	44617

Terms of office shall be two years, with each term ending on	44618
the same day of the same month as the term it succeeds. Each	44619
member shall hold office from the date of the member's appointment	44620
until the end of the term for which the member was appointed.	44621
Members may be reappointed. Vacancies shall be filled in the same	44622
manner as original appointments. Any member appointed to fill a	44623
vacancy occurring prior to the expiration of the term for which	44624
the member's predecessor was appointed shall hold office as a	44625
member for the remainder of the term. A member shall continue in	44626
office subsequent to the expiration of the member's term until the	44627
member's successor takes office or until a period of sixty days	44628
has elapsed, whichever occurs first.	44629

(B) The directors of health, public safety, mental health,	44630
rehabilitation and correction, and youth services; the	44631
superintendents of public instruction and liquor control; the	44632
attorney general; the adjutant general; ~~and~~ the executive director	44633
of the division of criminal justice services in the department of	44634
public safety; the executive director of the casino control	44635
commission; the executive director of the lottery commission; and	44636
the executive director of the state racing commission shall be	44637
voting members of the council, except that any of these officials	44638
may designate an individual to serve in the official's place as a	44639
voting member of the council. The director of alcohol and drug	44640
addiction services shall serve as a nonvoting member of the	44641
council.	44642

(C) The governor shall annually appoint a chairperson from	44643
among the members of the council. The council shall meet quarterly	44644
and at other times the chairperson considers necessary. In	44645
addition to other duties specified in this chapter, the council	44646
shall review the development of the comprehensive statewide plan	44647
for alcohol and drug addiction services, the comprehensive	44648
statewide plan for gambling addiction services, revisions of ~~the~~	44649
~~plan~~those plans, and other actions taken to implement the	44650
purposes of this chapter by the department of alcohol and drug	44651
addiction services and shall act as an advisory council to the	44652
director of alcohol and drug addiction services.	44653

(D) Members of the council shall serve without compensation,	44654
but shall be paid actual and necessary expenses incurred in the	44655
performance of their duties.	44656

Sec. 3798.01. As used in this chapter:

44657

(A) "Approved health information exchange" means a health	44658
information exchange that has been approved or reapproved by the	44659
director of job and family services pursuant to the approval or	44660
reapproval process, as applicable, the director establishes in	44661
rules adopted under division (A) of section 3798.15 of the Revised	44662
Code.	44663

(B) "Covered entity," "disclosure," "health information,"	44664
"individually identifiable health information," "protected health	44665
information," and "use" have the same meanings as in 45 C.F.R.	44666
160.103.	44667

(C) "Designated record set" has the same meaning as in 45	44668
C.F.R. 164.501.	44669

(D) "Health care component" and "hybrid entity" have the same	44670
meanings as in 45 C.F.R. 164.103.	44671

(E) "Health information exchange" means any person or	44672
governmental entity in this state that does both of the following:	44673

(1) Operates a technical infrastructure for the electronic	44674
movement of health information among covered entities;	44675

(2) Establishes and enforces policies governing the use of	44676
the technical infrastructure that is operated.	44677

(F) "HIPAA privacy rule" means the standards for privacy of	44678
individually identifiable health information in 45 C.F.R. part 160	44679
and in 45 C.F.R. part 164, subparts A and E.	44680

(G) "Interoperability" means the capacity of two or more	44681
information systems to exchange information in an accurate,	44682
effective, secure, and consistent manner.	44683

(H) "Minor" means an unemancipated person under eighteen	44684
years of age or a mentally or physically disabled person under	44685
twenty-one years of age who meets criteria specified in rules	44686
adopted by the director of job and family services under section	44687
3798.13 of the Revised Code.	44688

(I) "More stringent" has the same meaning as in 45 C.F.R.	44689
160.202.	44690

(J) "Office of health transformation" means the office of	44691
health transformation created by executive order 2011-02K or a	44692
successor governmental entity responsible for health system	44693
oversight in this state.	44694

(K) "Personal representative" means a person who has	44695
authority under applicable law to make decisions related to health	44696
care on behalf of an adult or emancipated minor, or the parent,	44697
legal guardian, or other person acting in loco parentis who is	44698
authorized under law to make health care decisions on behalf of an	44699
unemancipated minor. "Personal representative" does not include	44700
the parent or legal guardian of, or another person acting in loco	44701
parentis to, a minor who consents to the minor's own receipt of	44702
health care or a minor who makes medical decisions on the minor's	44703
own behalf pursuant to law, court approval, or because the minor's	44704
parent, legal guardian, or other person acting in loco parentis	44705
has assented to an agreement of confidentiality between the	44706
provider and the minor.	44707

(L) "Political subdivision" means a municipal corporation,	44708
township, county, school district, or other body corporate and	44709
politic responsible for governmental activities in a geographic	44710
area smaller than that of the state.	44711

(M) "State agency" means any one or more of the following:

44712

(1) The department of aging;

44713

(2) The department of alcohol and drug addiction services;

44714

(3) The department of developmental disabilities;

44715

(4) The department of education;

44716

(5) The department of health;

44717

(6) The department of insurance;

44718

(7) The department of job and family services;

44719

(8) The department of mental health;

44720

(9) The department of rehabilitation and correction;

44721

(10) The department of youth services;

44722

(11) The bureau of workers' compensation;

44723

(12) The rehabilitation services commission;

44724

(13) The office of the attorney general;

44725

(14) A health care licensing board created under Title XLVII	44726
of the Revised Code that possesses individually identifiable	44727
health information.	44728

Sec. 3798.02. It is the intent of the general assembly in	44729
enacting this chapter to make the laws of this state governing the	44730
use and disclosure of protected health information by covered	44731
entities consistent with, but generally not more stringent than,	44732
the HIPAA privacy rule for the purpose of eliminating barriers to	44733
the adoption and use of electronic health records and health	44734
information exchanges. Therefore, it is also the general	44735
assembly's intent in enacting this chapter to supersede any	44736
judicial or administrative ruling issued in this state that is	44737
inconsistent with the provisions of this chapter.	44738

Sec. 3798.03. (A) Subject to division (B) of this section, a	44739
covered entity shall do both of the following:	44740

(1) If an individual's protected health information is	44741
maintained by the covered entity in a designated record set,	44742
provide the individual or the individual's personal representative	44743
with access to that information in a manner consistent with 45	44744
C.F.R. 164.524;	44745

(2) Implement and maintain appropriate administrative,	44746
technical, and physical safeguards to protect the privacy of	44747
protected health information in a manner consistent with 45 C.F.R.	44748
164.530(c).	44749

(B) If a covered entity is a hybrid entity, this section	44750
applies only to the health care component of the covered entity.	44751

Sec. 3798.04. A covered entity shall not do either of the	44752
following:	44753

(A) Use or disclose protected health information without an	44754
authorization that is valid under 45 C.F.R. 164.508 and, if	44755
applicable, 42 C.F.R. part 2, except when the use or disclosure is	44756
required or permitted without such authorization by Subchapter C	44757
of Subtitle A of Title 45 of the Code of Federal Regulations and,	44758
if applicable, 42 C.F.R. part 2;	44759

(B) Use or disclose protected health information in a manner	44760
that is not consistent with 45 C.F.R. 164.502.	44761

Sec. 3798.06. Including the circumstances described in	44762
division (A) of section 3798.04 of the Revised Code when a covered	44763
entity is otherwise permitted to disclose protected health	44764
information without an authorization that is valid under 45 C.F.R.	44765
164.508, a covered entity shall not disclose protected health	44766
information to a health information exchange without an	44767
authorization described in division (A) of section 3798.04 of the	44768
Revised Code unless all of the following are true:	44769

(A) The disclosure is to an approved health information	44770
exchange.	44771

(B) The covered entity is a party to a valid participation	44772
agreement with the approved health information exchange that meets	44773
the requirements of rules adopted under section 3798.16 of the	44774
Revised Code.	44775

(C) The disclosure is consistent with all procedures	44776
established by the approved health information exchange.	44777

(D) Prior to the disclosure, the covered entity furnishes to	44778
the individual or individual's personal representative a written	44779
notice that complies with rules adopted under division (A)(3) of	44780
section 3798.16 of the Revised Code.	44781

(E) The covered entity restricts disclosure consistent with	44782
other federal law, if any, governing the disclosure.	44783

(F) The covered entity restricts disclosure of protected	44784
health information concerning a minor relating to health care	44785
delivered to the minor in a manner that complies with laws of this	44786
state pertaining to the circumstances under which a minor may	44787
consent to the minor's own receipt of health care or make medical	44788
decisions on the minor's own behalf, including sections 2907.29,	44789
3709.241, 3719.012, 5120.172, and 5122.04 of the Revised Code,	44790
unless the minor authorizes the disclosure.	44791

(G) The covered entity restricts disclosure in a manner that	44792
is consistent with a written request from the individual or the	44793
individual's personal representative to restrict disclosure of all	44794
of the individual's protected health information.	44795

(H) The covered entity restricts disclosure in a manner that	44796
is consistent with a written request from the individual or the	44797
individual's personal representative concerning specific	44798
categories of protected health information to the extent that	44799
rules adopted pursuant to section 3798.16 of the Revised Code	44800
require the covered entity to comply with such a request.	44801

Sec. 3798.08. A covered entity that accesses or discloses	44802
protected health information in a manner that complies with	44803
section 3798.03 of the Revised Code and is not in violation of	44804
section 3798.04 or 3798.06 of the Revised Code is not liable in a	44805
civil action and is not subject to criminal prosecution or	44806
professional disciplinary action arising out of or relating to the	44807
access or disclosure.	44808

Sec. 3798.10. (A) Not later than six months after the	44809
effective date of this section, the director of job and family	44810
services, in consultation with the office of health	44811
transformation, shall prescribe by rules adopted in accordance	44812
with Chapter 119. of the Revised Code a standard authorization	44813
form for the use and disclosure of protected health information by	44814
covered entities in this state. The form shall meet all	44815
requirements specified in 45 C.F.R. 164.508 and, where applicable,	44816
42 C.F.R. part 2.	44817

(B) If a form the director prescribes under division (A) of	44818
this section is properly executed by an individual or the	44819
individual's personal representative, it shall be accepted by any	44820
person or governmental entity in this state as valid authorization	44821
for the use or disclosure of the individual's protected health	44822
information to the persons or governmental entities specified in	44823
the form.	44824

(C) This section does not preclude a person or governmental	44825
entity from accepting as valid authorization for the use or	44826
disclosure of protected health information a form other than the	44827
form prescribed under division (A) of this section if the other	44828
form meets all requirements specified in 45 C.F.R. 164.508 and, if	44829
applicable, 42 C.F.R. part 2.	44830

Sec. 3798.12. As used in this section, "agency" has the same	44831
meaning as in section 111.15 of the Revised Code.	44832

(A) Except as provided in division (B) of this section, any	44833
of the following pertaining to the confidentiality, privacy,	44834
security, or privileged status of protected health information	44835
transacted, maintained in, or accessed through a health	44836
information exchange is unenforceable if it conflicts with this	44837
chapter:	44838

(1) A section of the Revised Code that is not in this	44839
chapter;	44840

(2) A rule as defined in section 119.01 of the Revised Code;

44841

(3) An internal management rule as defined in section 111.15	44842
of the Revised Code;	44843

(4) Guidance issued by an agency;

44844

(5) Orders or regulations of a board of health of a city	44845
health district made under section 3709.20 of the Revised Code;	44846

(6) Orders or regulations of a board of health of a general	44847
health district made under section 3709.21 of the Revised Code;	44848

(7) An ordinance or resolution adopted by a political	44849
subdivision;	44850

(8) A professional code of ethics.

44851

(B) Division (A) of this section does not render	44852
unenforceable or restrict in any manner any of the following:	44853

(1) A provision of the Revised Code that on the effective	44854
date of this section requires a person or governmental entity to	44855
disclose protected health information to a state agency, political	44856
subdivision, or other governmental entity;	44857

(2) The confidential status of proceedings and records within	44858
the scope of a peer review committee of a health care entity as	44859
described in section 2305.252 of the Revised Code;	44860

(3) The confidential status of quality assurance program	44861
activities and quality assurance records as described in section	44862
5122.32 of the Revised Code;	44863

(4) The testimonial privilege established by division (B) of	44864
section 2317.02 of the Revised Code;	44865

(5) An item described in divisions (A)(1) to (8) of this	44866
section that governs any of the following:	44867

(a) The confidentiality, privacy, security, or privileged	44868
status of protected health information in the possession or	44869
custody of an agency;	44870

(b) The process for obtaining from a patient consent to the	44871
provision of health care or consent for participation in medical	44872
or other scientific research;	44873

(c) The process for determining whether an adult has a	44874
physical or mental impairment or an adult's capacity to make	44875
health care decisions for purposes of Chapter 5126. of the Revised	44876
Code;	44877

(d) The process for determining whether a minor has been	44878
emancipated.	44879

(6) When a minor is authorized to consent to the minor's own	44880
receipt of health care or make medical decisions on the minor's	44881
own behalf, including the circumstances described in sections	44882
2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of	44883
the Revised Code.	44884

Sec. 3798.13. The director of job and family services shall	44885
adopt rules for purposes of specifying the criteria a person who	44886
is mentally or physically disabled and who is under twenty-one	44887
years of age must meet to be considered a minor for purposes of	44888
sections 3798.06 and 3798.12 of the Revised Code.	44889

Sec. 3798.14. The director of job and family services, in	44890
consultation with the office of health transformation, shall adopt	44891
rules in accordance with Chapter 119. of the Revised Code for the	44892
purpose of establishing standards the director must use to approve	44893
regional and statewide health information exchanges operating in	44894
this state. The rules may include standards and procedures to be	44895
followed by a health information exchange regarding the following:	44896

(A) Satisfaction of certification standards for health	44897
information exchanges established by federal statutes or	44898
regulations;	44899

(B) Adherence to nationally recognized standards for	44900
interoperability;	44901

(C) Access to and use and disclosure of protected health	44902
information maintained by or on an approved health information	44903
exchange;	44904

(D) Demonstration of adequate financial resources to sustain	44905
continued operations in compliance with the rules adopted under	44906
this section;	44907

(E) Participation in outreach activities for individuals and	44908
covered entities;	44909

(F) Conduct of operations in a transparent manner to promote	44910
consumer confidence;	44911

(G) Implementation of security breach notification	44912
procedures.	44913

Sec. 3798.15. (A) The director of job and family services,	44914
in consultation with the office of health transformation, shall	44915
adopt rules in accordance with Chapter 119. of the Revised Code	44916
for the purpose of establishing processes for all of the	44917
following:	44918

(1) A health information exchange to apply to the director	44919
for approval to operate as an approved health information exchange	44920
in this state and, at times specified by the director, reapproval	44921
of such status;	44922

(2) The director to investigate and resolve concerns and	44923
complaints submitted to the director regarding an approved health	44924
information exchange;	44925

(3) A health information exchange to apply for	44926
reconsideration of a decision the director makes under a process	44927
established under division (A)(1) or (2) of this section;	44928

(4) Covered entities and approved health information	44929
exchanges to enter into participation agreements and enforce the	44930
terms of such agreements.	44931

(B) Any decision the director makes in relation to a process	44932
established pursuant to rules adopted under division (A) of this	44933
section is not subject to appeal under Chapter 119. or any other	44934
provision of the Revised Code.	44935

Sec. 3798.16. (A) The director of job and family services,	44936
in consultation with the office of health transformation, shall	44937
adopt rules in accordance with Chapter 119. of the Revised Code	44938
for the purpose of specifying the content of agreements governing	44939
covered entities' participation in approved health information	44940
exchanges. At a minimum, the rules shall require the content of	44941
such participation agreements to include all of the following:	44942

(1) Procedures for a covered entity to disclose an	44943
individual's protected health information to an approved health	44944
information exchange;	44945

(2) Procedures for a covered entity to access an individual's	44946
protected health information from an approved health information	44947
exchange;	44948

(3) Subject to division (B) of this section, a written notice	44949
to be provided by a covered entity to an individual or the	44950
individual's personal representative prior to the covered entity's	44951
disclosure of the individual's protected health information to an	44952
approved health information exchange;	44953

(4) Documentation the covered entity must use to verify that	44954
a notice described in division (A)(3) of this section has been	44955
provided by the covered entity to an individual or the	44956
individual's personal representative prior to the disclosure of	44957
the individual's protected health information to an approved	44958
health information exchange;	44959

(5) Procedures for an individual or the individual's personal	44960
representative to submit to the covered entity a written request	44961
to place restrictions on the covered entity's disclosure of	44962
protected health information to the approved health information	44963
exchange;	44964

(6) The standards a covered entity must use to determine	44965
whether, and to what extent, to comply with a written request	44966
described in division (A)(5) of this section;	44967

(7) The purposes for which a covered entity may access and	44968
use protected health information from the approved health	44969
information exchange.	44970

(B) With respect to the written notice described in division	44971
(A)(3) of this section, the rules may specify that the notice can	44972
be incorporated into the covered entity's notice of privacy	44973
practices required by 45 C.F.R. 164.520 and shall specify that the	44974
notice include the following statements:	44975

(1) The individual's protected health information will be	44976
disclosed to the approved health information exchange to	44977
facilitate the provision of health care to the individual.	44978

(2) The approved health information exchange maintains	44979
appropriate safeguards to protect the privacy and security of	44980
protected health information.	44981

(3) Only authorized individuals may access and use protected	44982
health information from the approved health information exchange.	44983

(4) The individual or the individual's personal	44984
representative has the right to request in writing that the	44985
covered entity do either or both of the following:	44986

(a) Not disclose any of the individual's protected health	44987
information to the approved health information exchange;	44988

(b) Not disclose specific categories of the individual's	44989
protected health information to the approved health information	44990
exchange.	44991

(5) Any restrictions on the disclosure of protected health	44992
information an individual requests as described in either division	44993
(B)(4)(a) or (b) of this section may result in a health care	44994
provider not having access to information that is necessary for	44995
the provider to render appropriate care to the individual.	44996

(6) Any restrictions on the disclosure of protected health	44997
information an individual requests as described in division	44998
(B)(4)(a) of this section must be honored by the covered entity.	44999

(7) Any restrictions on the disclosure of protected health	45000
information an individual requests as described in division	45001
(B)(4)(b) of this section must be honored if the restriction is	45002
consistent with rules adopted under this chapter.	45003

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	45004
section 4104.99 of the Revised Code:	45005

(A) "Board of building standards" or "board" means the board	45006
established by section 3781.07 of the Revised Code.	45007

(B) "Superintendent" means the superintendent of ~~labor~~	45008
industrial compliance created by section 121.04 of the Revised	45009
Code.	45010

(C) "Boiler" means a closed vessel in which water is heated,	45011
steam is generated, steam is superheated, or any combination	45012
thereof, under pressure or vacuum for use externally to itself by	45013
the direct application of heat from the combustion of fuels, or	45014
from electricity or nuclear energy. "Boiler" includes fired units	45015
for heating or vaporizing liquids other than water where these	45016
units are separate from processing systems and are complete within	45017
themselves.	45018

(D) "Power boiler" means a boiler in which steam or other	45019
vapor (to be used externally to itself) is generated at a pressure	45020
of more than fifteen psig.	45021

(E) "High pressure, high temperature water boiler" means a	45022
water heating boiler operating at pressures exceeding one hundred	45023
sixty psig or temperatures exceeding two hundred fifty degrees	45024
Fahrenheit.	45025

(F) "Low pressure boiler" means a steam boiler operating at	45026
pressures not exceeding fifteen psig, or a hot water heating	45027
boiler operating at pressures not exceeding one hundred sixty psig	45028
or temperatures not exceeding two hundred fifty degrees	45029
Fahrenheit.	45030

(G) "Pressure vessel" means a container for the containment	45031
of pressure, either internal or external. This pressure may be	45032
obtained from an external source or by the application of heat	45033
from a direct or indirect source or any combination thereof.	45034

(H) "Process boiler" means a boiler to which all of the	45035
following apply:	45036

(1) The steam in the boiler is either generated or	45037
superheated, or both, under pressure or vacuum for use external to	45038
itself.	45039

(2) The source of heat for the boiler is in part or in whole	45040
from a process other than the boiler itself.	45041

(3) The boiler is part of a continuous processing unit, such	45042
as used in chemical manufacture or petroleum refining, other than	45043
a steam-generated process unit.	45044

(I) "Stationary steam engine" means an engine or turbine in	45045
which the mechanical force arising from the elasticity and	45046
expansion action of steam or from its property of rapid	45047
condensation or from a combination of the two is made available as	45048
a motive power.	45049

Sec. 4104.02. The board of building standards shall:

45050

(A) Formulate rules for the construction, installation,	45051
repair, conservation of energy, and operation of boilers and the	45052
construction and repair of pressure vessels and for ascertaining	45053
the safe working pressures to be carried on such boilers and	45054
pressure vessels and the qualification of inspectors of boilers	45055
and pressure vessels;	45056

(B) Prescribe tests, if it is considered necessary, to	45057
ascertain the qualities of materials used in the construction of	45058
boilers and pressure vessels;	45059

(C) Adopt rules regulating the construction and sizes of	45060
safety valves for boilers and pressure vessels of different sizes	45061
and pressures, for the construction, use, and location of fusible	45062
plugs, appliances for indicating the pressure of steam and level	45063
of water in the boiler or pressure vessels, and such other	45064
appliances as the board considers necessary to safety in operating	45065
boilers;	45066

(D) Establish reasonable fees for the performance of reviews,	45067
surveys, or audits of manufacturer's facilities by the division of	45068
~~labor~~industrial compliance for certification by the American	45069
society of mechanical engineers and the national board of boiler	45070
and pressure vessel inspectors;	45071

(E) The definitions and rules adopted by the board for the	45072
construction, installation, repair, conservation of energy, and	45073
operation of boilers and the construction and repair of pressure	45074
vessels and for ascertaining the safe working pressures to be used	45075
on such boilers and pressure vessels shall be based upon and	45076
follow generally accepted engineering standards, formulae, and	45077
practices established and pertaining to boilers and pressure	45078
vessel construction, operation, and safety, and the board may, for	45079
this purpose, adopt existing published standards as well as	45080
amendments thereto subsequently published by the same authority.	45081

When a person desires to manufacture a special type of boiler	45082
or pressure vessel, the design of which is not covered by the	45083
rules of the board, the person shall submit drawings and	45084
specifications of such boiler or pressure vessel to the board for	45085
investigation, after which the board may permit its installation.	45086

The provisions of sections 119.03 and 119.11 of the Revised	45087
Code in particular, and the applicable provisions of Chapter 119.	45088
of the Revised Code in general, shall govern the proceedings of	45089
the board of building standards in adopting, amending, or	45090
rescinding rules pursuant to this section.	45091

Sec. 4104.06. (A) The inspection of boilers and their	45092
appurtenances and pressure vessels shall be made by the inspectors	45093
mentioned in sections 4104.07 to 4104.20 of the Revised Code. The	45094
superintendent of ~~labor~~industrial compliance shall administer and	45095
enforce such sections and rules adopted by the board of building	45096
standards pursuant to section 4104.02 of the Revised Code.	45097

(B) The superintendent shall adopt, amend, and repeal rules	45098
exclusively for the issuance, renewal, suspension, and revocation	45099
of certificates of competency and certificates of operation, for	45100
conducting hearings in accordance with Chapter 119. of the Revised	45101
Code related to these actions, and for the inspection of boilers	45102
and their appurtenances, and pressure vessels.	45103

(C) Notwithstanding division (B) of this section, the	45104
superintendent shall not adopt rules relating to construction,	45105
maintenance, or repair of boilers and their appurtenances, or	45106
repair of pressure vessels.	45107

(D) The superintendent and each general inspector may enter	45108
any premises and any building or room at all reasonable hours to	45109
perform an examination or inspection.	45110

Sec. 4104.07. (A) An application for examination as an	45111
inspector of boilers and pressure vessels shall be in writing,	45112
accompanied by a fee of one hundred fifty dollars, upon a blank to	45113
be furnished by the superintendent of ~~labor~~industrial compliance.	45114
Any moneys collected under this section shall be paid into the	45115
state treasury to the credit of the ~~labor~~industrial compliance	45116
operating fund created in section 121.084 of the Revised Code.	45117

(B) The superintendent shall determine if an applicant meets	45118
all the requirements for examination in accordance with rules	45119
adopted by the board of building standards under section 4104.02	45120
of the Revised Code. An application shall be rejected which	45121
contains any willful falsification, or untruthful statements.	45122

(C) An applicant shall be examined by the superintendent, by	45123
a written examination, prescribed by the board, dealing with the	45124
construction, installation, operation, maintenance, and repair of	45125
boilers and pressure vessels and their appurtenances, and the	45126
applicant shall be accepted or rejected on the merits of the	45127
applicant's application and examination.	45128

(D) Upon a favorable report by the superintendent of the	45129
result of an examination, the superintendent shall immediately	45130
issue to the successful applicant a certificate of competency to	45131
that effect.	45132

Sec. 4104.08. (A) The director of commerce may appoint from	45133
the holders of certificates of competency provided for in section	45134
4104.07 of the Revised Code, general inspectors of boilers and	45135
pressure vessels.	45136

(B) Any company authorized to insure boilers and pressure	45137
vessels against explosion in this state may designate from holders	45138
of certificates of competency issued by the superintendent of	45139
~~labor~~industrial compliance, or holders of certificates of	45140
competency or commissions issued by other states or nations whose	45141
examinations for certificates or commissions have been approved by	45142
the board of building standards, persons to inspect and stamp	45143
boilers and pressure vessels covered by the company's policies,	45144
and the superintendent shall issue to such persons commissions	45145
authorizing them to act as special inspectors. Special inspectors	45146
shall be compensated by the company designating them.	45147

(C) The director shall establish an annual fee to be charged	45148
by the superintendent for each certificate of competency or	45149
commission the superintendent issues.	45150

(D) The superintendent shall issue to each general or special	45151
inspector a commission to the effect that the holder thereof is	45152
authorized to inspect boilers and pressure vessels in this state.	45153

(E) No person shall be authorized to act as a general	45154
inspector or a special inspector who is directly or indirectly	45155
interested in the manufacture or sale of boilers or pressure	45156
vessels.	45157

Sec. 4104.09. The certificate of competency issued under	45158
section 4104.07 of the Revised Code or the commission provided for	45159
in section 4104.08 of the Revised Code may be revoked by the	45160
superintendent of ~~labor~~industrial compliance for the	45161
incompetence or untrustworthiness of the holder thereof, or for	45162
willful falsification of any matter or statement contained in the	45163
holder's application or in a report of any inspection in	45164
accordance with Chapter 119. of the Revised Code. If a certificate	45165
or commission is lost or destroyed, a new certificate or	45166
commission shall be issued in its place without another	45167
examination.	45168

Sec. 4104.10. All unfired pressure vessels, except unfired	45169
pressure vessels exempt under section 4104.04 of the Revised Code,	45170
shall be thoroughly inspected during fabrication and upon	45171
completion and shall not be operated until a copy of the	45172
manufacturers' data report, properly executed and signed by the	45173
inspector is filed in the office of the superintendent of ~~labor~~	45174
industrial compliance. All unfired pressure vessels shall conform	45175
in every detail with applicable rules adopted by the board of	45176
building standards pursuant to section 4104.02 of the Revised	45177
Code.	45178

Sec. 4104.101. (A) No person shall install or make major	45179
repairs or modifications to any boiler without first registering	45180
to do so with the division of ~~labor~~industrial compliance.	45181

(B) No person shall make any installation or major repair or	45182
modification of any boiler without first obtaining a permit to do	45183
so from the division. The permit application form shall provide	45184
the name and address of the owner, location of the boiler, and	45185
type of repair or modification that will be made. The application	45186
permit fee shall be one hundred dollars.	45187

(C) The superintendent of ~~labor~~industrial compliance shall	45188
require annual registration of all contractors who install, make	45189
major repairs to, or modify any boiler. The board of building	45190
standards shall establish a reasonable fee to cover the cost of	45191
processing registrations.	45192

Sec. 4104.12. All boilers, except boilers mentioned in	45193
section 4104.04 of the Revised Code, shall be inspected when	45194
installed and shall not be operated until an appropriate	45195
certificate of operation has been issued by the superintendent of	45196
~~labor~~industrial compliance. The certificate of operation required	45197
by this section shall not be issued for any boiler which has not	45198
been thoroughly inspected during construction and upon completion,	45199
by either a general or special inspector, and which does not	45200
conform in every detail with the rules adopted by the board of	45201
building standards and unless, upon completion, such boiler is	45202
distinctly stamped under such rules by such inspector.	45203

Sec. 4104.15. (A) All certificates of inspection for	45204
boilers, issued prior to October 15, 1965, are valid and effective	45205
for the period set forth in such certificates unless sooner	45206
withdrawn by the superintendent of ~~labor~~industrial compliance.	45207
The owner or user of any such boiler shall obtain an appropriate	45208
certificate of operation for such boiler, and shall not operate	45209
such boiler, or permit it to be operated unless a certificate of	45210
operation has been obtained in accordance with section 4104.17 of	45211
the Revised Code.	45212

(B) If, upon making the internal and external inspection	45213
required under sections 4104.11, 4104.12, and 4104.13 of the	45214
Revised Code, the inspector finds the boiler to be in safe working	45215
order, with the fittings necessary to safety, and properly set up,	45216
upon the inspector's report to the superintendent, the	45217
superintendent shall issue to the owner or user thereof, or renew,	45218
upon application and upon compliance with sections 4104.17 and	45219
4104.18 of the Revised Code, a certificate of operation which	45220
shall state the maximum pressure at which the boiler may be	45221
operated, as ascertained by the rules of the board of building	45222
standards. Such certificates shall also state the name of the	45223
owner or user, the location, size, and number of each boiler, and	45224
the date of issuance, and shall be so placed as to be easily read	45225
in the engine room or boiler room of the plant where the boiler is	45226
located, except that the certificate of operation for a portable	45227
boiler shall be kept on the premises and shall be accessible at	45228
all times.	45229

(C) If an inspector at any inspection finds that the boiler	45230
or pressure vessel is not in safe working condition, or is not	45231
provided with the fittings necessary to safety, or if the fittings	45232
are improperly arranged, the inspector shall immediately notify	45233
the owner or user and person in charge of the boiler and shall	45234
report the same to the superintendent who may revoke, suspend, or	45235
deny the certificate of operation and not renew the same until the	45236
boiler or pressure vessel and its fittings are put in condition to	45237
insure safety of operation, and the owner or user shall not	45238
operate the boiler or pressure vessel, or permit it to be operated	45239
until such certificate has been granted or restored.	45240

(D) If the superintendent or a general boiler inspector finds	45241
that a pressure vessel or boiler or a part thereof poses an	45242
explosion hazard that reasonably can be regarded as posing an	45243
imminent danger of death or serious physical harm to persons, the	45244
superintendent or the general boiler inspector shall seal the	45245
pressure vessel or boiler and order, in writing, the operator or	45246
owner of the pressure vessel or boiler to immediately cease the	45247
pressure vessel's or boiler's operation. The order shall be	45248
effective until the nonconformities are eliminated, corrected, or	45249
otherwise remedied, or for a period of seventy-two hours from the	45250
time of issuance, whichever occurs first. During the	45251
seventy-two-hour period, the superintendent may request that the	45252
prosecuting attorney or city attorney of Franklin county or of the	45253
county in which the pressure vessel or boiler is located obtain an	45254
injunction restraining the operator or owner of the pressure	45255
vessel or boiler from continuing its operation after the	45256
seventy-two-hour period expires until the nonconformities are	45257
eliminated, corrected, or otherwise remedied.	45258

(E) Each boiler which has been inspected shall be assigned a	45259
number by the superintendent, which number shall be stamped on a	45260
nonferrous metal tag affixed to the boiler or its fittings by seal	45261
or otherwise. No person except an inspector shall deface or remove	45262
any such number or tag.	45263

(F) If the owner or user of any pressure vessel or boiler	45264
disagrees with the inspector as to the necessity for shutting down	45265
a pressure vessel or boiler or for making repairs or alterations	45266
in it, or taking any other measures for safety that are requested	45267
by an inspector, the owner or user may appeal from the decision of	45268
the inspector to the superintendent, who may, after such other	45269
inspection by a general inspector or special inspector as the	45270
superintendent deems necessary, decide the issue.	45271

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	45272
nor an inspection or report by any inspector, shall relieve the	45273
owner or user of a pressure vessel or boiler of the duty of using	45274
due care in the inspection, operation, and repair of the pressure	45275
vessel or boiler or of any liability for damages for failure to	45276
inspect, repair, or operate the pressure vessel or boiler safely.	45277

Sec. 4104.16. The owner or user of any boiler required by	45278
sections 4104.01 to 4104.20 of the Revised Code, to be inspected,	45279
shall immediately notify the superintendent of ~~labor~~industrial	45280
compliance in case a defect affecting the safety of the boiler is	45281
discovered.	45282

The owner or user of any stationary boiler required by such	45283
sections to be inspected, who moves the same, shall report to the	45284
superintendent the new location of the boiler. Such boiler shall	45285
be inspected before it is again operated.	45286

Sec. 4104.17. Certificates of operation issued for boilers	45287
subject to inspection under Chapter 4104. of the Revised Code	45288
shall be issued and renewed in accordance with and at dates	45289
prescribed by rules and regulations adopted by the superintendent	45290
of ~~labor~~industrial compliance.	45291

Sec. 4104.18. (A) The owner or user of a boiler required	45292
under section 4104.12 of the Revised Code to be inspected upon	45293
installation, and the owner or user of a boiler for which a	45294
certificate of inspection has been issued which is replaced with	45295
an appropriate certificate of operation, shall pay to the	45296
superintendent of ~~labor~~industrial compliance a fee in the amount	45297
of fifty dollars for boilers subject to annual inspections under	45298
section 4104.11 of the Revised Code, one hundred dollars for	45299
boilers subject to biennial inspection under section 4104.13 of	45300
the Revised Code, one hundred fifty dollars for boilers subject to	45301
triennial inspection under section 4104.11 of the Revised Code, or	45302
two hundred fifty dollars for boilers subject to quinquennial	45303
inspection under section 4104.13 of the Revised Code.	45304

(B) The fee for complete inspection during construction by a	45305
general inspector on boilers and pressure vessels manufactured	45306
within the state shall be thirty-five dollars per hour. Boiler and	45307
pressure vessel manufacturers other than those located in the	45308
state may secure inspection by a general inspector on work during	45309
construction, upon application to the superintendent, and upon	45310
payment of a fee of thirty-five dollars per hour, plus the	45311
necessary traveling and hotel expenses incurred by the inspector.	45312

(C) The application fee for applicants for steam engineer,	45313
high pressure boiler operator, or low pressure boiler operator	45314
licenses is seventy-five dollars. The fee for each original or	45315
renewal steam engineer, high pressure boiler operator, or low	45316
pressure boiler operator license is fifty dollars.	45317

(D) The director of commerce, subject to the approval of the	45318
controlling board, may establish fees in excess of the fees	45319
provided in divisions (A), (B), and (C) of this section. Any	45320
moneys collected under this section shall be paid into the state	45321
treasury to the credit of the ~~labor~~industrial compliance	45322
operating fund created in section 121.084 of the Revised Code.	45323

(E) Any person who fails to pay an invoiced renewal fee or an	45324
invoiced inspection fee required for any inspection conducted by	45325
the division of ~~labor~~industrial compliance pursuant to this	45326
chapter within forty-five days of the invoice date shall pay a	45327
late payment fee equal to twenty-five per cent of the invoiced	45328
fee.	45329

(F) In addition to the fees assessed in divisions (A) and (B)	45330
of this section, the board of building standards shall assess the	45331
owner or user a fee of three dollars and twenty-five cents for	45332
each certificate of operation or renewal thereof issued under	45333
division (A) of this section and for each inspection conducted	45334
under division (B) of this section. The board shall adopt rules,	45335
in accordance with Chapter 119. of the Revised Code, specifying	45336
the manner by which the superintendent shall collect and remit to	45337
the board the fees assessed under this division and requiring that	45338
remittance of the fees be made at least quarterly.	45339

Sec. 4104.19. (A) Any person seeking a license to operate as	45340
a steam engineer, high pressure boiler operator, or low pressure	45341
boiler operator shall file a written application with the	45342
superintendent of ~~labor~~industrial compliance on a form prescribed	45343
by the superintendent with the appropriate application fee as set	45344
forth in section 4104.18 of the Revised Code. The application	45345
shall contain information satisfactory to the superintendent to	45346
demonstrate that the applicant meets the requirements of division	45347
(B) of this section. The application shall be filed with the	45348
superintendent not more than sixty days and not less than thirty	45349
days before the license examination is offered.	45350

(B) To qualify to take the examination required to obtain a	45351
steam engineer, high pressure boiler operator, or low pressure	45352
boiler operator license, a person shall meet both of the following	45353
requirements:	45354

(1) Be at least eighteen years of age;

45355

(2) Have one year of experience in the operation of steam	45356
engines, high pressure boilers, or low pressure boilers as	45357
applicable to the type of license being sought, or a combination	45358
of experience and education for the type of license sought as	45359
determined to be acceptable by the superintendent.	45360

(C) No applicant shall qualify to take an examination or to	45361
renew a license if the applicant has violated this chapter or if	45362
the applicant has obtained or renewed a license issued under this	45363
chapter by fraud, misrepresentation, or deception.	45364

(D) The superintendent shall issue a license to each	45365
applicant who receives a passing score on the examination, as	45366
determined by the superintendent, for the license for which the	45367
applicant applied.	45368

(E) The superintendent may select and contract with one or	45369
more persons to do all of the following relative to the	45370
examinations for a license to operate as a steam engineer, high	45371
pressure boiler operator, or low pressure boiler operator:	45372

(1) Prepare, administer, score, and maintain the	45373
confidentiality of the examination;	45374

(2) Maintain responsibility for all expenses required to	45375
fulfill division (E)(1) of this section;	45376

(3) Charge each applicant a fee for administering the	45377
examination, in an amount authorized by the superintendent;	45378

(4) Design the examination for each type of license to	45379
determine an applicant's competence to operate the equipment for	45380
which the applicant is seeking licensure.	45381

(F) Each license issued under this chapter expires one year	45382
after the date of issue. Each person holding a valid, unexpired	45383
license may renew the license, without reexamination, by applying	45384
to the superintendent not more than ninety days before the	45385
expiration of the license, and submitting with the application the	45386
renewal fee established in section 4104.18 of the Revised Code.	45387
Upon receipt of the renewal information and fee, the	45388
superintendent shall issue the licensee a certificate of renewal.	45389

(G) The superintendent, in accordance with Chapter 119. of	45390
the Revised Code, may suspend or revoke any license, or may refuse	45391
to issue a license under this chapter upon finding that a licensee	45392
or an applicant for a license has violated or is violating the	45393
requirements of this chapter.	45394

Sec. 4104.21. On receipt of a notice pursuant to section	45395
3123.43 of the Revised Code, the superintendent of ~~labor~~	45396
industrial compliance shall comply with sections 3123.41 to	45397
3123.50 of the Revised Code and any applicable rules adopted under	45398
section 3123.63 of the Revised Code with respect to a certificate	45399
or license issued pursuant to this chapter.	45400

Sec. 4104.33. There is hereby created the historical boilers	45401
licensing board consisting of seven members, three of whom shall	45402
be appointed by the governor with the advice and consent of the	45403
senate. The governor shall make initial appointments to the board	45404
within ninety days after October 24, 2002. Of the initial members	45405
appointed by the governor, one shall be for a term ending three	45406
years after October 24, 2002, one shall be for a term ending four	45407
years after October 24, 2002, and one shall be for a term ending	45408
five years after October 24, 2002. Thereafter, terms of office	45409
shall be for five years, each term ending on the same day of the	45410
same month of the year as did the term that it succeeds. Of the	45411
three members the governor appoints, one member shall be an	45412
employee of the division of boiler inspection in the department of	45413
commerce; one member shall be an independent mechanical engineer	45414
who is not involved in selling or inspecting historical boilers;	45415
and one shall be an active member of an association that	45416
represents managers of fairs or festivals.	45417

Two members of the board shall be appointed by the president	45418
of the senate and two members of the board shall be appointed by	45419
the speaker of the house of representatives. The president and	45420
speaker shall make initial appointments to the board within ninety	45421
days after October 24, 2002. Of the initial members appointed by	45422
the president, one shall be for a term ending four years after	45423
October 24, 2002 and one shall be for a term ending five years	45424
after October 24, 2002. Of the initial members appointed by the	45425
speaker, one shall be for a term ending three years after October	45426
24, 2002 and one shall be for a term ending five years after	45427
October 24, 2002. Thereafter, terms of office shall be for five	45428
years, each term ending on the same day of the same month of the	45429
year as did the term that it succeeds. Of the four members	45430
appointed by the president and speaker, each shall own a	45431
historical boiler and also have at least ten years of experience	45432
in the operation of historical boilers, and each of these four	45433
members shall reside in a different region of the state.	45434

Each member shall hold office from the date of the member's	45435
appointment until the end of the term for which the member was	45436
appointed. Members may be reappointed. Vacancies shall be filled	45437
in the manner provided for initial appointments. Any member	45438
appointed to fill a vacancy occurring prior to the expiration date	45439
of the term for which the member's predecessor was appointed shall	45440
hold office as a member for the remainder of that term. A member	45441
shall continue in office subsequent to the expiration date of the	45442
member's term until the successor takes office or until a period	45443
of sixty days has elapsed, whichever occurs first.	45444

The members of the board, annually, shall elect, by majority	45445
vote, a chairperson from among their members. The board shall meet	45446
at least once annually and at other times at the call of the	45447
chairperson. Board members shall receive their actual and	45448
necessary expenses incurred in the discharge of their duties as	45449
board members.	45450

The superintendent of ~~labor~~industrial compliance shall	45451
furnish office space, staff, and supplies to the board as the	45452
superintendent determines are necessary for the board to carry out	45453
its official duties under sections 4104.33 to 4104.37 of the	45454
Revised Code.	45455

Sec. 4104.42. (A) The owner of any power piping or process	45456
piping system shall ensure that all of the following are performed	45457
in compliance with applicable sections of the B31 standards	45458
contained in the code for pressure piping, published by the	45459
American society of mechanical engineers:	45460

(1) The design, fabrication, assembly, installation, testing,	45461
examination, and inspection of power and process piping systems;	45462

(2) Qualification of personnel and qualification of welding	45463
and brazing procedures;	45464

(3) The implementation of an inspection program.

45465

(B) The owner of a power piping or process piping system	45466
shall do both of the following:	45467

(1) Maintain for five years complete records documenting the	45468
design, examination, and testing of the piping system that include	45469
all of the following:	45470

(a) The specific edition of the code for pressure piping used	45471
in the design;	45472

(b) The design assumptions;

45473

(c) The calculations, piping material specifications, and	45474
construction documents for the piping;	45475

(d) The records of piping alterations;

45476

(e) The piping examination and inspection records.

45477

(2) Disclose the types and quantities of flammable,	45478
combustible, or hazardous materials proposed to be used in the	45479
facility to the building and fire code enforcement authorities who	45480
have inspection authority to enable those authorities to determine	45481
compliance with the rules the board of building standards adopts	45482
pursuant to section 3781.10 of the Revised Code and the rules the	45483
state fire marshal adopts pursuant to section 3737.82 of the	45484
Revised Code.	45485

(C) No person or state agency shall require that the records	45486
described in division (B)(1) of this section be submitted to the	45487
division of ~~labor~~industrial compliance in the department of	45488
commerce or to a certified building department for approval.	45489

(D) Nothing in this section limits the application of	45490
Chapters 4703. and 4733. of the Revised Code.	45491

Sec. 4104.43. (A)(1) The board of building standards shall	45492
adopt rules establishing requirements for the design,	45493
installation, inspection of and design review procedure for	45494
building services piping.	45495

(2) The board of building standards shall adopt rules	45496
establishing requirements for the design, installation, inspection	45497
of and design review procedure for nonflammable medical gas,	45498
medical oxygen, and medical vacuum piping systems.	45499

(B) A municipal, township, or county building department	45500
certified under division (E) of section 3781.10 of the Revised	45501
Code shall enforce the rules the board adopts pursuant to division	45502
(A)(2) of this section if that building department requests and	45503
obtains special certification to enforce those rules.	45504

(C) In a health district where no municipal, township, or	45505
county building department is specially certified under division	45506
(B) of this section, an employee of the health district shall	45507
enforce the rules adopted pursuant to division (A)(2) of this	45508
section if both of the following conditions are satisfied:	45509

(1) The health district employee requests and obtains special	45510
certification by the board to enforce those rules.	45511

(2) The health district notifies the superintendent of the	45512
division of ~~labor~~industrial compliance in the department of	45513
commerce that the health district's specially certified employee	45514
shall enforce those rules.	45515

(D) In a jurisdiction where enforcement authority as	45516
described in divisions (B) and (C) of this section does not exist,	45517
the superintendent of ~~labor~~industrial compliance shall enforce	45518
the rules the board adopts pursuant to division (A)(2) of this	45519
section.	45520

Sec. 4104.44. All welding and brazing of metallic piping	45521
systems shall be performed in accordance with section IX of the	45522
boiler and pressure vessel code, published by the American society	45523
of mechanical engineers. The owner shall maintain, at the job	45524
site, the certified performance qualification records of all	45525
welders and brazers employed at the facility. The owner shall	45526
submit copies of all certified welding and brazing procedure	45527
specifications, procedure qualification records, and performance	45528
qualification records for building services piping for review to	45529
the superintendent of ~~labor~~industrial compliance in the	45530
department of commerce in accordance with rules the superintendent	45531
adopts. The submission shall be accompanied by the fee the	45532
superintendent establishes.	45533

Sec. 4104.48. (A) No person shall violate sections 4104.41	45534
to 4104.48 of the Revised Code, fail to perform any duty lawfully	45535
enjoined in connection with those sections, or fail to comply with	45536
any order issued by the superintendent of ~~labor~~industrial	45537
compliance or any judgment or decree issued by any court in	45538
connection with the enforcement of sections 4104.41 to 4104.48 of	45539
the Revised Code.	45540

(B) Every day during which a person violates sections 4104.41	45541
to 4104.48 of the Revised Code, fails to perform any duty lawfully	45542
enjoined in connection with those sections, or fails to comply	45543
with any order issued by the superintendent or any judgment or	45544
decree issued by any court in connection with the enforcement of	45545
sections 4104.41 to 4104.48 of the Revised Code constitutes a	45546
separate offense.	45547

Sec. 4105.01. As used in this chapter:

45548

(A) "Elevator" means a hoisting and lowering apparatus	45549
equipped with a car, cage, or platform which moves on or between	45550
permanent rails or guides and serves two or more fixed landings in	45551
a building or structure to which section 3781.06 of the Revised	45552
Code applies. "Elevator" includes dumb-waiters other than	45553
hand-powered dumb-waiters, escalators, ~~peoplelifts~~manlifts,	45554
moving walks, of the endless belt type, other lifting or lowering	45555
apparatus permanently installed on or between rails or guides, and	45556
all equipment, machinery, and construction related to any	45557
elevator; but does not include construction hoists and other	45558
similar temporary lifting or lowering apparatuses, ski lifts,	45559
traveling, portable amusement rides or devices that are not	45560
affixed to a permanent foundation, or nonportable amusement rides	45561
or devices that are affixed to a permanent foundation.	45562

(B) "Passenger elevator" means an elevator that is designed	45563
to carry persons to its contract capacity.	45564

(C) "Freight elevator" means an elevator normally used for	45565
carrying freight and on which only the operator and employees in	45566
the pursuit of their duties, by the permission of the employer,	45567
are allowed to ride.	45568

(D) "Gravity elevator" means an elevator utilizing gravity to	45569
move.	45570

(E) "General inspector" means a state inspector examined and	45571
hired to inspect elevators and lifting apparatus for that state.	45572

(F) "Special inspector" means an inspector examined and	45573
commissioned by the superintendent of ~~labor~~industrial compliance	45574
to inspect elevators and lifting apparatus in the state.	45575

(G) "Inspector" means either a general or special inspector.

45576

Sec. 4105.02. No person may act, either as a general	45577
inspector or as a special inspector, of elevators, unless the	45578
person holds a certificate of competency from the division of	45579
~~labor~~industrial compliance.	45580

Application for examination as an inspector of elevators	45581
shall be in writing, accompanied by a fee to be established as	45582
provided in section 4105.17 of the Revised Code, and upon a blank	45583
to be furnished by the division, stating the school education of	45584
the applicant, a list of the applicant's employers, the	45585
applicant's period of employment, and the position held with each.	45586
An applicant shall also submit a letter from one or more of the	45587
applicant's previous employers certifying as to the applicant's	45588
character and experience.	45589

Applications shall be rejected which contain any willful	45590
falsification or untruthful statements. An applicant, if the	45591
division considers the applicant's history and experience	45592
sufficient, shall be examined by the superintendent of ~~labor~~	45593
industrial compliance by a written examination dealing with the	45594
construction, installation, operation, maintenance, and repair of	45595
elevators and their appurtenances, and the applicant shall be	45596
accepted or rejected on the merits of the applicant's application	45597
and examination.	45598

The superintendent shall issue a certificate of competency in	45599
the inspection of elevators to any applicant found competent upon	45600
examination. A rejected applicant shall be entitled, after the	45601
expiration of ninety days and upon payment of an examination fee	45602
to be established as provided in section 4105.17 of the Revised	45603
Code, to another examination. Should an applicant fail to pass the	45604
prescribed examination on second trial, the applicant will not be	45605
permitted to be an applicant for another examination for a period	45606
of one year after the second examination.	45607

Sec. 4105.03. The superintendent of ~~labor~~industrial	45608
compliance, with the consent of the director of commerce, shall	45609
hire an assistant who has at least ten years of experience in the	45610
construction, installation, maintenance, and repair of elevators	45611
and their appurtenances.	45612

The superintendent, with the consent of the director, and in	45613
compliance with Chapter 124. of the Revised Code, may appoint and	45614
hire general inspectors of elevators from the holders of	45615
certificates of competency.	45616

Sec. 4105.04. From the holders of certificates of competency	45617
in the inspection of elevators, any company that is authorized to	45618
insure elevators in the state, may designate persons to inspect	45619
elevators covered by such company's policies, and the department	45620
of public safety of any city and the clerk of any village may	45621
designate persons to inspect elevators in such city or village.	45622
Such persons shall, upon the payment of a fee to be established as	45623
provided in section 4105.17 of the Revised Code, have issued to	45624
them annually by the division of ~~labor~~industrial compliance,	45625
commissions to serve as special inspectors of elevators in the	45626
state.	45627

Sec. 4105.05. A commission to serve as a special inspector	45628
may be suspended or revoked by the superintendent of ~~labor~~	45629
industrial compliance, for the incompetence or untrustworthiness	45630
of the holder thereof, or for the falsification of any matter or	45631
statement contained in the holder's application or in a report of	45632
any inspection.	45633

Sec. 4105.06. If a certificate or commission issued under	45634
sections 4105.02 and 4105.04 of the Revised Code is lost or	45635
destroyed a new one shall be issued in its place by the division	45636
of ~~labor~~industrial compliance without another examination, upon	45637
the payment of a fee to be established as provided in section	45638
4105.07 of the Revised Code.	45639

Sec. 4105.09. The owner or user of any elevator shall	45640
register, with the division of ~~labor~~industrial compliance, every	45641
elevator operated by the owner or user, giving the type, capacity,	45642
and description, name of manufacturer, and purpose for which each	45643
is used. Such registration shall be made on a form to be furnished	45644
by the division.	45645

Sec. 4105.11. The inspection of elevators shall be made by	45646
the inspectors authorized in sections 4105.03 and 4105.04 of the	45647
Revised Code, under the supervision of the superintendent of	45648
~~labor~~industrial compliance, and the superintendent shall enforce	45649
this chapter and any rules adopted pursuant thereto.	45650

Every inspector shall forward to the superintendent a full	45651
and complete report of each inspection made of any elevator and	45652
shall, on the day the inspection is completed, leave a copy of	45653
such report with the owner or operator of the elevator, or the	45654
owner's or operator's agent or representative. Such report shall	45655
indicate the exact condition of the elevator and shall list any	45656
and all of the provisions of this chapter and any rules adopted	45657
pursuant thereto, with which the elevator does not comply. Before	45658
attempting to enforce, by any remedy, civil or criminal, the	45659
provisions with which the inspected elevator does not comply, the	45660
chief shall issue an adjudication order within the meaning of	45661
Chapter 119. of the Revised Code.	45662

The approval of construction plans, or an application of	45663
specifications under section 4105.16 of the Revised Code is a	45664
license, and the failure to approve such plans or specifications	45665
by the chief within sixty days after they are filed is an	45666
adjudication order denying the issuance of a license.	45667

Every adjudication order shall specify what appliances, site	45668
preparations, additions, repairs, or alterations to any elevators,	45669
plans, materials, assemblages, or procedures are necessary for the	45670
same to comply with this chapter, or any rules adopted pursuant	45671
thereto. Such adjudication order shall be issued pursuant to	45672
Chapter 119. of the Revised Code and shall be effective without	45673
prior hearing, within thirty days after the receipt of such order,	45674
the owner of the elevator specified therein may appeal to the	45675
board of building appeals under section 3781.19 of the Revised	45676
Code.	45677

Notwithstanding the provisions of Chapter 119. of the Revised	45678
Code relating to adjudication hearings, a stenographic or	45679
mechanical record of the testimony and other evidence submitted	45680
before the board of building appeals shall be taken at the expense	45681
of the agency. A party adversely affected by an order issued	45682
following such adjudication hearing may appeal to the court of	45683
common pleas of the county in which the party is a resident or in	45684
which the elevator affected by such order is located. The court in	45685
such case shall not be confined to the record as certified to it	45686
by the agency, but any party may produce additional evidence and	45687
the court shall hear the matter upon such record and such	45688
additional evidence as is introduced by any party. The court shall	45689
not affirm the order of the agency unless the preponderance of the	45690
evidence before it supports the reasonableness and lawfulness of	45691
such order, and of any rules upon which the order of the agency is	45692
based in its application to the facts involved in the appeal.	45693

Failure to comply with the requirements of any order issued	45694
pursuant to this section or the continued operation of any	45695
elevator after it has been sealed pursuant to section 4105.21 of	45696
the Revised Code is hereby declared a public nuisance.	45697

Sec. 4105.12. (A) The superintendent of ~~labor~~industrial	45698
compliance shall adopt, amend, and repeal rules exclusively for	45699
the issuance, renewal, suspension, and revocation of certificates	45700
of competency and certificates of operation, for the conduct of	45701
hearings related to these actions, and for the inspection of	45702
elevators.	45703

(B) Notwithstanding division (A) of this section, the	45704
superintendent shall not adopt rules relating to construction,	45705
maintenance, and repair of elevators.	45706

Sec. 4105.13. Every elevator shall be constructed, equipped,	45707
maintained, and operated, with respect to the supporting members,	45708
elevator car, shaftways, guides, cables, doors, and gates, safety	45709
stops and mechanism, electrical apparatus and wiring, mechanical	45710
apparatus, counterweights, and all other appurtenances, in	45711
accordance with state laws and rules as are authorized in respect	45712
thereto. Where reasonable safety is obtained without complying to	45713
the literal requirements of such rules as in cases of practical	45714
difficulty or unnecessary hardship, the literal requirements of	45715
such rules shall not be required. The superintendent of ~~labor~~	45716
industrial compliance may permit the installation of vertical	45717
wheelchair lifts in public buildings to provide for handicapped	45718
accessibility where such lifts do not meet the literal	45719
requirements of the rules adopted by the board of building	45720
standards pursuant to section 4105.011 of the Revised Code,	45721
provided that reasonable safety may be obtained.	45722

Sec. 4105.15. No certificate of operation for any elevator	45723
shall be issued by the director of commerce until such elevator	45724
has been inspected as required by this chapter. Certificates of	45725
operation shall be renewed by the owner or user of the elevator in	45726
accordance with rules adopted by the superintendent of ~~labor~~	45727
industrial compliance pursuant to section 4105.12 of the Revised	45728
Code.	45729

Sec. 4105.16. Before any new installation of an elevator of	45730
permanent nature is erected or before any existing elevator is	45731
removed to and installed in a different location, an application	45732
of specifications in duplicate shall be submitted to the division	45733
of ~~labor~~industrial compliance giving such information concerning	45734
the construction, installation, and operation of said elevator as	45735
the division may require on forms to be furnished by the division,	45736
together with complete construction plans in duplicate. In all	45737
cases where any changes or repairs are made which alter its	45738
construction of classification, grade or rated lifting capacity,	45739
except when made pursuant to a report of an inspector, an	45740
application of specifications in duplicate shall be submitted to	45741
the division, containing such information, or approval, except in	45742
those municipal corporations which maintain their own elevator	45743
inspection departments, in which event such specifications shall	45744
be submitted to the elevator department of the municipal	45745
corporation for its approval, and if approved, a permit for the	45746
erection or repair of such elevator shall be issued by the	45747
municipal corporation. Upon approval of such application and	45748
construction plans, the superintendent of ~~labor~~industrial	45749
compliance shall issue a permit for the erection or repair of such	45750
elevator. No new elevator shall be operated until completion in	45751
accordance with the approved plans and specifications, unless a	45752
temporary permit is granted by the division.	45753

The final inspection, before operation, of a permanent, new	45754
or repaired elevator shall be made by a general inspector or a	45755
special inspector designated by the superintendent.	45756

Sec. 4105.17. (A) The fee for each inspection, or attempted	45757
inspection that, due to no fault of a general inspector or the	45758
division of ~~labor~~industrial compliance, is not successfully	45759
completed, by a general inspector before the operation of a	45760
permanent new elevator prior to the issuance of a certificate of	45761
operation, before operation of an elevator being put back into	45762
service after a repair or after an adjudication under section	45763
4105.11 of the Revised Code, or as a result of the operation of	45764
section 4105.08 of the Revised Code and is an elevator required to	45765
be inspected under this chapter is one hundred twenty dollars plus	45766
ten dollars for each floor where the elevator stops. The	45767
superintendent of ~~labor~~industrial compliance may assess an	45768
additional fee of one hundred twenty dollars plus ten dollars for	45769
each floor where an elevator stops for the reinspection of an	45770
elevator when a previous attempt to inspect that elevator has been	45771
unsuccessful through no fault of a general inspector or the	45772
division of ~~labor~~industrial compliance.	45773

(B) The fee for each inspection, or attempted inspection,	45774
that due to no fault of the general inspector or the division, is	45775
not successfully completed by a general inspector before operation	45776
of a permanent new escalator or moving walk prior to the issuance	45777
of a certificate of operation, before operation of an escalator or	45778
moving walk being put back in service after a repair, or as a	45779
result of the operation of section 4105.08 of the Revised Code is	45780
three hundred dollars. The superintendent may assess an additional	45781
fee of one hundred fifty dollars for the reinspection of an	45782
escalator or moving walk when a previous attempt to inspect that	45783
escalator or moving walk has been unsuccessful through no fault of	45784
the general inspector or the division.	45785

(C) The fee for issuing or renewing a certificate of	45786
operation under section 4105.15 of the Revised Code for an	45787
elevator that is inspected every six months in accordance with	45788
division (A) of section 4105.10 of the Revised Code is two hundred	45789
twenty dollars plus twelve dollars for each floor where the	45790
elevator stops, except where the elevator has been inspected by a	45791
special inspector in accordance with section 4105.07 of the	45792
Revised Code.	45793

(D) The fee for issuing or renewing a certificate of	45794
operation under section 4105.05 of the Revised Code for an	45795
elevator that is inspected every twelve months in accordance with	45796
division (A) of section 4105.10 of the Revised Code is fifty-five	45797
dollars plus ten dollars for each floor where the elevator stops,	45798
except where the elevator has been inspected by a special	45799
inspector in accordance with section 4105.07 of the Revised Code.	45800

(E) The fee for issuing or renewing a certificate of	45801
operation under section 4105.15 of the Revised Code for an	45802
escalator or moving walk is three hundred dollars, except where	45803
the escalator or moving walk has been inspected by a special	45804
inspector in accordance section 4105.07 of the Revised Code.	45805

(F) All other fees to be charged for any examination given or	45806
other service performed by the division pursuant to this chapter	45807
shall be prescribed by the director of commerce. The fees shall be	45808
reasonably related to the costs of such examination or other	45809
service.	45810

(G) The director of commerce, subject to the approval of the	45811
controlling board, may establish fees in excess of the fees	45812
provided in divisions (A), (B), (C), (D), and (E) of this section.	45813
Any moneys collected under this section shall be paid into the	45814
state treasury to the credit of the ~~labor~~industrial compliance	45815
operating fund created in section 121.084 of the Revised Code.	45816

(H) Any person who fails to pay an inspection fee required	45817
for any inspection conducted by the division pursuant to this	45818
chapter within forty-five days after the inspection is conducted	45819
shall pay a late payment fee equal to twenty-five per cent of the	45820
inspection fee.	45821

(I) In addition to the fees assessed in divisions (A), (B),	45822
(C), (D), and (E) of this section, the board of building standards	45823
shall assess a fee of three dollars and twenty-five cents for each	45824
certificate of operation or renewal thereof issued under divisions	45825
(A), (B), (C), (D), or (E) of this section and for each permit	45826
issued under section 4105.16 of the Revised Code. The board shall	45827
adopt rules, in accordance with Chapter 119. of the Revised Code,	45828
specifying the manner by which the superintendent shall collect	45829
and remit to the board the fees assessed under this division and	45830
requiring that remittance of the fees be made at least quarterly.	45831

(J) For purposes of this section:

45832

(1) "Escalator" means a power driven, inclined, continuous	45833
stairway used for raising or lowering passengers.	45834

(2) "Moving walk" means a passenger carrying device on which	45835
passengers stand or walk, with a passenger carrying surface that	45836
is uninterrupted and remains parallel to its direction of motion.	45837

Sec. 4105.191. Any person owning or operating any elevator	45838
subject to this chapter shall file a written report with the	45839
superintendent of ~~labor~~industrial compliance within seventy-two	45840
hours after the occurrence of any accident involving such elevator	45841
which results in death or bodily injury to any person.	45842

Sec. 4105.20. No person shall violate any law relative to	45843
the operation, construction, maintenance, and repair of elevators.	45844
All fines collected for violation of this section shall be	45845
forwarded to the superintendent of ~~labor~~industrial compliance,	45846
who shall pay them into the state treasury to the credit of the	45847
~~labor~~industrial compliance operating fund created in section	45848
121.084 of the Revised Code.	45849

Sec. 4105.21. The superintendent of ~~labor~~industrial	45850
compliance shall enforce this chapter. If the superintendent or a	45851
general inspector of elevators finds that an elevator or a part	45852
thereof does not afford reasonable safety as required by section	45853
4105.13 of the Revised Code, the superintendent or the general	45854
inspector may seal such elevator and post a notice thereon	45855
prohibiting further use of the elevator until the changes or	45856
alterations set forth in the notice have been made to the	45857
satisfaction of the superintendent or the inspector. The notice	45858
shall contain a statement that operators or passengers are subject	45859
to injury by its continued use, a description of the alteration or	45860
other change necessary to be made in order to secure safety of	45861
operation, date of such notice, name and signature of the	45862
superintendent or inspector issuing the notice.	45863

Sec. 4115.10. (A) No person, firm, corporation, or public	45864
authority that constructs a public improvement with its own	45865
forces, the total overall project cost of which is fairly	45866
estimated to be more than the amounts set forth in division (B) of	45867
section 4115.03 of the Revised Code, adjusted biennially by the	45868
director of commerce pursuant to section 4115.034 of the Revised	45869
Code, as appropriate, shall violate the wage provisions of	45870
sections 4115.03 to 4115.16 of the Revised Code, or suffer,	45871
permit, or require any employee to work for less than the rate of	45872
wages so fixed, or violate the provisions of section 4115.07 of	45873
the Revised Code. Any employee upon any public improvement, except	45874
an employee to whom or on behalf of whom restitution is made	45875
pursuant to division (C) of section 4115.13 of the Revised Code,	45876
who is paid less than the fixed rate of wages applicable thereto	45877
may recover from such person, firm, corporation, or public	45878
authority that constructs a public improvement with its own forces	45879
the difference between the fixed rate of wages and the amount paid	45880
to the employee and in addition thereto a sum equal to twenty-five	45881
per cent of that difference. The person, firm, corporation, or	45882
public authority who fails to pay the rate of wages so fixed also	45883
shall pay a penalty to the director of seventy-five per cent of	45884
the difference between the fixed rate of wages and the amount paid	45885
to the employees on the public improvement. The director shall	45886
deposit all moneys received from penalties paid to the director	45887
pursuant to this section into the ~~labor~~industrial compliance	45888
operating fund. The director shall use the fund for the	45889
enforcement of sections 4115.03 to 4115.16 of the Revised Code.	45890
The employee may file suit for recovery within ninety days of the	45891
director's determination of a violation of sections 4115.03 to	45892
4115.16 of the Revised Code or is barred from further action under	45893
this division. Where the employee prevails in a suit, the employer	45894
shall pay the costs and reasonable attorney's fees allowed by the	45895
court.	45896

(B) Any employee upon any public improvement who is paid less	45897
than the prevailing rate of wages applicable thereto may file a	45898
complaint in writing with the director upon a form furnished by	45899
the director. The complaint shall include documented evidence to	45900
demonstrate that the employee was paid less than the prevailing	45901
wage in violation of this chapter. Upon receipt of a properly	45902
completed written complaint of any employee paid less than the	45903
prevailing rate of wages applicable, the director shall take an	45904
assignment of a claim in trust for the assigning employee and	45905
bring any legal action necessary to collect the claim. The	45906
employer shall pay the costs and reasonable attorney's fees	45907
allowed by the court if the employer is found in violation of	45908
sections 4115.03 to 4115.16 of the Revised Code.	45909

(C) If after investigation pursuant to section 4115.13 of the	45910
Revised Code, the director determines there is a violation of	45911
sections 4115.03 to 4115.16 of the Revised Code and a period of	45912
sixty days has elapsed from the date of the determination, and if:	45913

(1) No employee has brought suit pursuant to division (A) of	45914
this section;	45915

(2) No employee has requested that the director take an	45916
assignment of a wage claim pursuant to division (B) of this	45917
section.	45918

The director shall bring any legal action necessary to	45919
collect any amounts owed to employees and the director. The	45920
director shall pay over to the affected employees the amounts	45921
collected to which the affected employees are entitled under	45922
division (A) of this section. In any action in which the director	45923
prevails, the employer shall pay the costs and reasonable	45924
attorney's fees allowed by the court.	45925

(D) Where persons are employed and their rate of wages has	45926
been determined as provided in section 4115.04 of the Revised	45927
Code, no person, either for self or any other person, shall	45928
request, demand, or receive, either before or after the person is	45929
engaged, that the person so engaged pay back, return, donate,	45930
contribute, or give any part or all of the person's wages, salary,	45931
or thing of value, to any person, upon the statement,	45932
representation, or understanding that failure to comply with such	45933
request or demand will prevent the procuring or retaining of	45934
employment, and no person shall, directly or indirectly, aid,	45935
request, or authorize any other person to violate this section.	45936
This division does not apply to any agent or representative of a	45937
duly constituted labor organization acting in the collection of	45938
dues or assessments of such organization.	45939

(E) The director shall enforce sections 4115.03 to 4115.16 of	45940
the Revised Code.	45941

(F) For the purpose of supplementing existing resources and	45942
to assist in enforcing division (E) of this section, the director	45943
may contract with a person registered as a public accountant under	45944
Chapter 4701. of the Revised Code to conduct an audit of a person,	45945
firm, corporation, or public authority.	45946

(G) No contractor or subcontractor shall be responsible for	45947
the payment of the penalties provided in division (A) of this	45948
section resulting from a violation of sections 4115.03 to 4115.16	45949
of the Revised Code by its subcontractor, provided that the	45950
contractor or subcontractor has made a good faith effort to ensure	45951
that its subcontractor complied with the requirements of sections	45952
4115.03 to 4115.16 of the Revised Code.	45953

Sec. 4115.101. There is hereby created the prevailing wage	45954
custodial fund, which shall be in the custody of the treasurer of	45955
state but shall not be part of the state treasury. The director of	45956
commerce shall deposit to the fund all money paid by employers to	45957
the director that are held in trust for employees to whom	45958
prevailing wages are due and owing. The director shall make	45959
disbursements from the fund in accordance with this chapter to	45960
employees affected by violations of this chapter. If the director	45961
determines that any funds in the prevailing wage custodial fund	45962
are not returnable to employees as required under this section,	45963
then the director shall certify to the treasurer of state the	45964
amount of the funds that are not returnable. Upon the receipt of a	45965
certification from the director in accordance with this section,	45966
the treasurer of state shall transfer the certified amount of the	45967
funds from the prevailing wage custodial fund to the ~~labor~~	45968
industrial compliance operating fund.	45969

Sec. 4121.123. (A) There is hereby created the workers'	45970
compensation board of directors nominating committee consisting of	45971
the following:	45972

(1) Three individuals who are members of affiliated employee	45973
organizations of the Ohio chapter of the American federation of	45974
labor-congress of industrial organizations, who are selected by	45975
the Ohio chapter of the American federation of labor-congress of	45976
industrial organizations and who, on account of their previous	45977
vocation, employment, or affiliations, can be classed as	45978
representative of employees who are members of an employee	45979
organization. Terms of office shall be for one year, with each	45980
term ending on the same day of the same month as did the term that	45981
it succeeds.	45982

(2) Two individuals who, on account of their previous	45983
vocation, employment, or affiliations, can be classed as	45984
representative of employees, one of whom shall be an injured	45985
worker with a valid, open, and active workers' compensation claim	45986
and at least one of these two representatives also shall represent	45987
employees who are not members of an employee organization. The	45988
president of the senate and the speaker of the house of	45989
representatives each shall appoint annually one of these members.	45990
The member who is an injured worker shall serve for a full term	45991
even if the member's workers' compensation claim is invalidated,	45992
closed, or inactivated during the member's term.	45993

(3) The chief executive officer, or the equivalent of the	45994
chief executive officer, of the Ohio chamber of commerce, the Ohio	45995
manufacturers' association, the Ohio self-insurers' association,	45996
the Ohio council of retail merchants, the national federation of	45997
independent business, and the Ohio farm bureau;	45998

(4) The director of development;

45999

(5) The president of the Ohio township association and the	46000
president of the Ohio county commissioners association, or~~, in~~if	46001
any of the following circumstances apply:	46002

(a) In the event of a vacancy in ~~the~~either presidency, a	46003
designee appointed by the governing body authorized to appoint the	46004
president. A designee so appointed shall serve on the nominating	46005
committee only until the vacancy in the presidency is filled.	46006

(b) In the event that the president of the Ohio township	46007
association is unavailable, a designee selected by the president;	46008

(c) In the event that the president of the Ohio county	46009
commissioners association is unavailable, a designee selected by	46010
the president.	46011

(B) Each member appointed under divisions (A)(1) and (2) of	46012
this section shall hold office from the date of the member's	46013
appointment until the end of the term for which the member was	46014
appointed. Such members may be reappointed. Vacancies shall be	46015
filled in the manner provided for original appointments. Any such	46016
member appointed to fill a vacancy occurring prior to the	46017
expiration date of the term for which the member's predecessor was	46018
appointed shall hold office as a member for the remainder of that	46019
term. Such a member shall continue in office subsequent to the	46020
expiration date of the member's term until the member's successor	46021
takes office or until a period of sixty days has elapsed,	46022
whichever occurs first.	46023

(C) The nominating committee shall meet at the request of the	46024
governor or as the nominating committee determines appropriate in	46025
order to make recommendations to the governor for the appointment	46026
of members of the bureau of workers' compensation board of	46027
directors under section 4121.12 of the Revised Code.	46028

(D) The director of development shall serve as chairperson of	46029
the nominating committee and have no voting rights on matters	46030
coming before the nominating committee, except that the director	46031
may vote in the event of a tie vote of the nominating committee.	46032
Annually, the nominating committee shall select a secretary from	46033
among its members. The nominating committee may adopt by-laws	46034
governing its proceedings.	46035

(E) Members of the nominating committee shall be paid their	46036
reasonable and necessary expenses pursuant to section 126.31 of	46037
the Revised Code while engaged in the performance of their duties	46038
as members of the nominating committee.	46039

(F) The nominating committee shall:

46040

(1) Review and evaluate possible appointees for the board. In	46041
reviewing and evaluating possible appointees for the board, the	46042
nominating committee may accept comments from, cooperate with, and	46043
request information from any person.	46044

(2) Make recommendations to the governor for the appointment	46045
of members to the board as provided in division (C) of section	46046
4121.12 of the Revised Code.	46047

(G) The nominating committee may make recommendations to the	46048
general assembly concerning changes in legislation that will	46049
assist the nominating committee in the performance of its duties.	46050

Sec. 4121.30. (A) All rules governing the operating	46051
procedure of the bureau of workers' compensation and the	46052
industrial commission shall be adopted in accordance with Chapter	46053
119. of the Revised Code, except that determinations of the	46054
bureau, district hearing officers, staff hearing officers, and the	46055
commission, with respect to an individual employee's claim to	46056
participate in the state insurance fund are governed only by	46057
Chapter 4123. of the Revised Code.	46058

The administrator of workers' compensation and commission	46059
shall proceed jointly, in accordance with Chapter 119. of the	46060
Revised Code, including a joint hearing, to adopt joint rules	46061
governing the operating procedures of the bureau and commission.	46062
~~The bureau shall publish the joint rules in a single publication.~~	46063

(B) Upon submission to the bureau or the commission of a	46064
petition containing not less than fifteen hundred signatures of	46065
adult residents of the state, any individual may propose a rule	46066
for adoption, amendment, or rescission by the bureau or the	46067
commission. If, upon investigation, the bureau or commission is	46068
satisfied that the signatures upon the petition are valid, it	46069
shall proceed, in accordance with Chapter 119. of the Revised	46070
Code, to consider adoption, amendment, or rescission of the rule.	46071

(C) The administrator shall ~~publish~~make available	46072
electronically all rules adopted by the bureau and the commission	46073
~~in a single publication~~ and shall make available in a timely	46074
manner ~~and at cost copies of~~ all rules adopted by the bureau and	46075
the commission that are currently in force. ~~For that purpose, the~~	46076
~~administrator shall maintain a mailing list of all persons~~	46077
~~requesting copies of the rules.~~	46078

(D) The rule-making authority granted to the administrator	46079
under this section does not limit the commission's rule-making	46080
authority relative to its overall adjudicatory policy-making and	46081
management duties under this chapter and Chapters 4123., 4127.,	46082
and 4131. of the Revised Code. The administrator shall not	46083
disregard any rule adopted by the commission, provided that the	46084
rule is within the commission's rule-making authority.	46085

Sec. 4123.20. The administrator of workers' compensation	46086
shall ~~cause to be printed, in proper form for distribution~~make	46087
available electronically to the public, its classifications,	46088
rates, rules, and rules of procedure, and shall furnish the same	46089
to any person upon ~~application therefor, and the fact that the~~	46090
~~classifications, rates, rules, and rules of procedure are printed~~	46091
~~ready for distribution to all who apply for the same is a~~	46092
~~sufficient publication of the same as required by this chapter~~	46093
request.	46094

Sec. 4123.41. (A) By the first day of January of each year,	46095
the bureau of workers' compensation shall furnish to the county	46096
auditor of each county and the chief fiscal officer of each taxing	46097
district in a county and of each district activity and institution	46098
mentioned in section 4123.39 of the Revised Code forms containing	46099
the premium rates applicable to the county, district, district	46100
activity, or institution as an employer, on which to report the	46101
amount of money expended by the county, district, district	46102
activity, or institution during the previous twelve calendar	46103
months for the services of employees under this chapter.	46104

(B) Each county auditor and each fiscal officer of a	46105
district, district activity, and institution shall calculate on	46106
the form it receives from the bureau under division (A) of this	46107
section the premium due as its proper contribution to the public	46108
insurance fund and issue a warrant in favor of the bureau for the	46109
amount due from the county, district, district activity, or	46110
institution to the public insurance fund according to the	46111
following schedule:	46112

(1) On or before the fifteenth day of May of each year, no	46113
less than forty-five per cent of the amount due;	46114

(2) On or before the first day of September of each year, no	46115
less than the total amount due.	46116

(C) The legislative body of any county, district, district	46117
activity, or institution may reimburse the fund from which the	46118
~~contribution is~~workers' compensation payments are made by	46119
transferring to the fund from any other fund of the county,	46120
district, district activity, or institution, the proportionate	46121
amount of the ~~contribution~~payments that should be chargeable to	46122
the fund, whether the fund is derived from taxation or otherwise.	46123
The proportionate amount of the ~~contribution~~payments chargeable	46124
to the fund may be based on payroll, relative exposure, relative	46125
loss experience, or any combination of these factors, as	46126
determined by the legislative body. ~~Within~~	46127

(1) The workers' compensation program payments of any county,	46128
district, district activity, or institution may include any of the	46129
following:	46130

(a) All payments required by any bureau of workers'	46131
compensation rating plan;	46132

(b) Direct administrative costs incurred in the management of	46133
the county, district, district activity, or institution's workers'	46134
compensation program;	46135

(c) Indirect costs that are necessary and reasonable for the	46136
proper and efficient administration of the workers' compensation	46137
program as documented in a cost allocation plan. The indirect cost	46138
plan shall conform to the United States office of management and	46139
budget circular A-87 "cost principles for state and local	46140
governments," 2 C.F.R. 225, as most recently amended on May 10,	46141
2004. The plan shall not authorize payment from the fund of any	46142
general government expense required to carry out the overall	46143
governmental responsibilities.	46144

(2) Within sixty days before a legislative body changes the	46145
method used for calculating the proportionate amount of the	46146
~~contribution~~payments chargeable to the fund, it shall notify,	46147
consult with, and give information supporting the change to any	46148
elected official affected by the change. A transfer made pursuant	46149
to division (B)(2) of this section is not subject to section	46150
5705.16 of the Revised Code.	46151

~~(C)~~(D) The bureau may investigate the correctness of the	46152
information provided by the county auditor and chief fiscal	46153
officer under division (B) of this section, and if the bureau	46154
determines at any time that the county, district, district	46155
activity, or institution has not reported the correct information,	46156
the administrator of workers' compensation may make deductions or	46157
additions as the facts warrant and take those facts into	46158
consideration in determining the current or future contributions	46159
to be made by the county, district, district activity, or	46160
institution. If the county, district, district activity, or	46161
institution does not furnish the report in the time required by	46162
this section, the administrator may fix the amount of contribution	46163
the county, district, district activity, or institution must make	46164
and certify that amount for payment.	46165

~~(D)~~(E) The administrator shall provide a discount to any	46166
county, district, district activity, or institution that pays its	46167
total amount due to the public insurance fund on or before the	46168
fifteenth day of May of each year as its proper contribution for	46169
premiums. The administrator shall base the discount provided under	46170
this division on the savings generated by the early payment to the	46171
public insurance fund. The administrator may provide the discount	46172
through a refund to the county, district, district activity, or	46173
institution or an offset against the future contributions due to	46174
the public insurance fund from the county, district, district	46175
activity, or institution.	46176

~~(E)~~(F) The administrator may impose an interest penalty for	46177
late payment of any amount due from a county, district, district	46178
activity, and institution at the interest rate established by the	46179
state tax commissioner pursuant to section 5703.47 of the Revised	46180
Code.	46181

Sec. 4163.07. (A)(1) Prior to transporting any high-level	46182
radioactive waste, spent nuclear fuel, transuranic waste, or any	46183
quantity of special nuclear material or by-product material that	46184
meets or exceeds the highway route controlled quantity, within,	46185
into, or through the state, the shipper of the material shall	46186
notify the executive director of the emergency management agency	46187
established under section 5502.22 of the Revised Code of the	46188
shipment. The notice shall be in writing and be sent by certified	46189
mail and shall include the name of the shipper; the name of the	46190
carrier; the type and quantity of the material; the transportation	46191
mode of the shipment; the proposed date and time of shipment of	46192
the material within, into, or through the state; and the starting	46193
point, termination or exit point, scheduled route, and each	46194
alternate route, if any, of the shipment. In order to constitute	46195
effective notification under division (A)(1) of this section,	46196
notification shall be received by the executive director at least	46197
four days prior to shipment within, into, or through the state.	46198

(2) The carrier or shipper of any shipment subject to	46199
division (A)(1) of this section shall immediately notify the	46200
executive director of any change in the date and time of the	46201
shipment or in the route of the shipment within, into, or through	46202
the state.	46203

(B) Upon receipt of a notice of any shipment of material that	46204
is subject to division (A)(1) of this section within, into, or	46205
through the state, the executive director of the emergency	46206
management agency shall immediately notify the director of public	46207
safety, the director of environmental protection, the director of	46208
health, the chairperson of the public utilities commission, and	46209
the county emergency management agency and sheriff of each county	46210
along the proposed route, or any alternate route, of the shipment.	46211

(C) The executive director of the emergency management agency	46212
shall not disclose to any person other than those persons	46213
enumerated in division (B) of this section any information	46214
pertaining to any shipment of special nuclear material or	46215
by-product material prior to the time that the shipment is	46216
completed.	46217

(D) This section does not apply to radioactive materials,	46218
other than by-products, shipped by or for the United States	46219
department of defense and United States department of energy for	46220
military or national defense purposes. Nothing in this section	46221
requires the disclosure of any defense information or restricted	46222
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	46223
42 U.S.C. 2011, as amended.	46224

(E) No person shall transport or cause to be transported	46225
within, into, or through the state any material that is subject to	46226
division (A)(1) of this section without first providing the notice	46227
required in that division.	46228

(F) Whoever violates division (E) of this section, in	46229
addition to any penalty imposed under section 4163.99 of the	46230
Revised Code, is liable for a civil penalty in an amount not to	46231
exceed the following, as applicable:	46232

(1) Twenty-five thousand dollars for a motor carrier, as	46233
defined in section 4923.01 of the Revised Code;	46234

(2) Forty-five thousand dollars for the first cask designated	46235
for transport by rail and thirty thousand dollars for each	46236
additional cask designated for transport by rail that is shipped	46237
by the same person or entity in the same shipment.	46238

The attorney general, upon the request of the executive	46239
director of the emergency management agency, shall bring a civil	46240
action to collect the penalty. Fines collected pursuant to this	46241
section shall be deposited into the state treasury to the credit	46242
of the ~~radioactive waste~~public utilities transportation safety	46243
fund created in section ~~4905.801~~4921.21 of the Revised Code.	46244

Sec. 4169.02. (A) For the purposes of regulating the	46245
construction, maintenance, mechanical operation, and inspection of	46246
passenger tramways that are associated with ski areas and of	46247
registering operators of passenger tramways in this state, there	46248
is hereby established in the division of ~~labor~~industrial	46249
compliance in the department of commerce a ski tramway board to be	46250
appointed by the governor, with the advice and consent of the	46251
senate. The board shall consist of three members, one of whom	46252
shall be a public member who is an experienced skier and familiar	46253
with ski areas in this state, one of whom shall be a ski area	46254
operator actively engaged in the business of recreational skiing	46255
in this state, and one of whom shall be a professional engineer	46256
who is knowledgeable in the design or operation of passenger	46257
tramways.	46258

Of the initial appointments, one member shall be appointed	46259
for a term of one year, one for a term of two years, and one for a	46260
term of three years. The member appointed to the term beginning on	46261
July 1, 1996, shall be appointed to a term ending on June 30,	46262
1997; the member appointed to a term beginning on July 1, 1997,	46263
shall be appointed to a term ending on June 30, 1999; and the	46264
member appointed to a term beginning on July 1, 1998, shall be	46265
appointed to a term ending on June 30, 2001. Thereafter, each of	46266
the members shall be appointed for a term of six years. Each	46267
member shall hold office from the date of appointment until the	46268
end of the term for which the member was appointed. In the event	46269
of a vacancy, the governor, with the advice and consent of the	46270
senate, shall appoint a successor who shall hold office for the	46271
remainder of the term for which the successor's predecessor was	46272
appointed. A member shall continue in office subsequent to the	46273
expiration date of the member's term until the member's successor	46274
takes office or until a period of sixty days has elapsed,	46275
whichever occurs first. The board shall elect a chairperson from	46276
its members.	46277

The governor may remove any member of the board at any time	46278
for misfeasance, nonfeasance, or malfeasance in office after	46279
giving the member a copy of the charges against the member and an	46280
opportunity to be heard publicly in person or by counsel in the	46281
member's defense. Any such act of removal by the governor is	46282
final. A statement of the findings of the governor, the reason for	46283
the governor's action, and the answer, if any, of the member shall	46284
be filed by the governor with the secretary of state and shall be	46285
open to public inspection.	46286

Members of the board shall be paid two hundred fifty dollars	46287
for each meeting that the member attends, except that no member	46288
shall be paid or receive more than seven hundred fifty dollars for	46289
attending meetings during any calendar year. Each member shall be	46290
reimbursed for the member's actual and necessary expenses incurred	46291
in the performance of official board duties. The chairperson shall	46292
be paid two hundred fifty dollars annually in addition to any	46293
compensation the chairperson receives under this division for	46294
attending meetings and any other compensation the chairperson	46295
receives for serving on the board.	46296

The division shall provide the board with such offices and	46297
such clerical, professional, and other assistance as may be	46298
reasonably necessary for the board to carry on its work. The	46299
division shall maintain accurate copies of the board's rules as	46300
promulgated in accordance with division (B) of this section and	46301
shall keep all of the board's records, including business records,	46302
and inspection reports as well as its own records and reports. The	46303
cost of administering the board and conducting inspections shall	46304
be included in the budget of the division based on revenues	46305
generated by the registration fees established under section	46306
4169.03 of the Revised Code.	46307

(B) In accordance with Chapter 119. of the Revised Code, the	46308
board shall adopt and may amend or rescind rules relating to	46309
public safety in the construction, maintenance, mechanical	46310
operation, and inspection of passenger tramways. The rules shall	46311
be in accordance with established standards in the business of ski	46312
area operation, if any, and shall not discriminate in their	46313
application to ski area operators.	46314

No person shall violate the rules of the board.

46315

(C) The authority of the board shall not extend to any matter	46316
relative to the operation of a ski area other than the	46317
construction, maintenance, mechanical operation, and inspection of	46318
passenger tramways.	46319

(D) A majority of the board constitutes a quorum and may	46320
perform and exercise all the duties and powers devolving upon the	46321
board.	46322

Sec. 4169.03. (A) Before a passenger tramway operator may	46323
operate any passenger tramway in the state, the operator shall	46324
apply to the ski tramway board, on forms prepared by it, for	46325
registration by the board. The application shall contain an	46326
inventory of the passenger tramways that the applicant intends to	46327
operate and other information as the board may reasonably require	46328
and shall be accompanied by the following annual fees:	46329

(1) Each aerial passenger tramway, five hundred dollars;

46330

(2) Each skimobile, two hundred dollars;

46331

(3) Each chair lift, two hundred dollars;

46332

(4) Each J bar, T bar, or platter pull, one hundred dollars;

46333

(5) Each rope tow, fifty dollars;

46334

(6) Each wire rope tow, seventy-five dollars;

46335

(7) Each conveyor, one hundred dollars.

46336

When an operator operates an aerial passenger tramway, a	46337
skimobile, or a chair lift during both a winter and summer season,	46338
the annual fee shall be one and one-half the above amount for the	46339
respective passenger tramway.	46340

(B) Upon payment of the appropriate annual fees in accordance	46341
with division (A) of this section, the board shall issue a	46342
registration certificate to the operator. Each certificate shall	46343
remain in force until the thirtieth day of September next ensuing.	46344
The board shall renew an operator's certificate in accordance with	46345
the standard renewal procedure in Chapter 4745. of the Revised	46346
Code upon payment of the appropriate annual fees.	46347

(C) Money received from the registration fees and from the	46348
fines collected pursuant to section 4169.99 of the Revised Code	46349
shall be paid into the state treasury to the credit of the ~~labor~~	46350
industrial compliance operating fund created in section 121.084 of	46351
the Revised Code.	46352

(D) No person shall operate a passenger tramway in this state	46353
unless the person has been registered by the board.	46354

Sec. 4169.04. (A) The division of ~~labor~~industrial	46355
compliance in the department of commerce shall make such	46356
inspection of the construction, maintenance, and mechanical	46357
operation of passenger tramways as the ski tramway board may	46358
reasonably require. The division may contract with other qualified	46359
engineers to make such inspection or may accept the inspection	46360
report by any qualified inspector of an insurance company	46361
authorized to insure passenger tramways in this state.	46362

(B) If, as the result of an inspection, an employee of the	46363
division or other agent with whom the division has contracted	46364
finds that a violation of the board's rules exists or a condition	46365
in passenger tramway construction, maintenance, or mechanical	46366
operation exists that endangers public safety, the employee or	46367
agent shall make an immediate report to the board for appropriate	46368
investigation and order.	46369

Sec. 4171.04. (A) Before a person may operate any roller	46370
skating rink in the state, the person shall:	46371

(1) Apply to the superintendent of ~~labor~~industrial	46372
compliance in the department of commerce on forms designated by	46373
the superintendent for a certificate of registration;	46374

(2) Provide an inventory of all the roller skating rinks that	46375
the applicant intends to operate, and any other information the	46376
superintendent may reasonably require on the application;	46377

(3) Include with the application a registration fee of	46378
twenty-five dollars for each roller skating rink to be operated by	46379
the applicant.	46380

(B) Upon compliance with division (A) of this section, the	46381
superintendent shall issue a certificate of registration to the	46382
operator for each roller skating rink to be operated by the	46383
applicant. Each certificate shall remain in force as follows:	46384

(1) Until the thirty-first day of December next ensuing; or

46385

(2) For sixty days after the dissolution of a partnership.

46386

(C) In case of the dissolution of a partnership by death, the	46387
surviving partner or partners may operate a roller skating rink	46388
pursuant to the certificate of registration obtained by the	46389
partnership in accordance with this chapter for a period of sixty	46390
days following dissolution. The heirs or representatives of	46391
deceased persons and receivers or trustees in bankruptcy appointed	46392
by any competent authority may operate under the certificate of	46393
registration of the person succeeded in possession.	46394

(D) The superintendent shall renew an operator's certificate	46395
of registration in accordance with the standard license renewal	46396
procedure set forth in Chapter 4745. of the Revised Code upon	46397
payment of a renewal fee of twenty-five dollars for each roller	46398
skating rink to be operated by the applicant.	46399

(E) Money received from the registration and renewal fees	46400
collected pursuant to this chapter shall be paid into the state	46401
treasury to the credit of the ~~labor~~industrial compliance	46402
operating fund created in section 121.084 of the Revised Code.	46403

Sec. 4301.30. (A) All fees collected by the division of	46404
liquor control shall be deposited in the state treasury to the	46405
credit of the undivided liquor permit fund, which is hereby	46406
created, at the time prescribed under section 4301.12 of the	46407
Revised Code. Each payment shall be accompanied by a statement	46408
showing separately the amount collected for each class of permits	46409
in each municipal corporation and in each township outside the	46410
limits of any municipal corporation in such township. An	46411

(B)(1) An amount equal to forty-five per cent of the fund	46412
shall be paid from the fund into the state liquor regulatory fund,	46413
which is hereby created in the state treasury. The state liquor	46414
regulatory fund shall be used to pay the operating expenses of the	46415
division of liquor control in administering and enforcing Title	46416
XLIII of the Revised Code and the operating expenses of the liquor	46417
control commission. Investment earnings of the fund shall be	46418
credited to the fund.	46419

(2) Whenever, in the judgment of the director of budget and	46420
management, the amount of money that is in the state liquor	46421
regulatory fund is in excess of the amount that is needed to pay	46422
the operating expenses of the division in administering and	46423
enforcing Title XLIII of the Revised Code and the operating	46424
expenses of the commission, the director shall credit the excess	46425
amount to the general revenue fund.	46426

(C) Twenty per cent of the undivided liquor permit fund shall	46427
be paid into the statewide treatment and prevention fund, which is	46428
hereby created in the state treasury. This amount shall be	46429
appropriated by the general assembly, together with an amount	46430
equal to one and one-half per cent of the gross profit of the	46431
division of liquor control derived under division (B)(4) of	46432
section 4301.10 of the Revised Code, to the department of alcohol	46433
and drug addiction services. In planning for the allocation of and	46434
in allocating these amounts for the purposes of Chapter 3793. of	46435
the Revised Code, the department of alcohol and drug addiction	46436
services shall comply with the nondiscrimination provisions of	46437
Title VI of the Civil Rights Act of 1964, and any rules adopted	46438
under that act.	46439

(D) Thirty-five per cent of the undivided liquor permit fund	46440
shall be distributed by the superintendent of liquor control at	46441
quarterly calendar periods as follows:	46442

~~(A)~~(1) To each municipal corporation, the aggregate amount	46443
shown by the statements to have been collected from permits in the	46444
municipal corporation, for the use of the general fund of the	46445
municipal corporation;	46446

~~(B)~~(2) To each township, the aggregate amount shown by the	46447
statements to have been collected from permits in its territory,	46448
outside the limits of any municipal corporation located in the	46449
township, for the use of the general fund of the township, or for	46450
fire protection purposes, including buildings and equipment in the	46451
township or in an established fire district within the township,	46452
to the extent that the funds are derived from liquor permits	46453
within the territory comprising such fire district.	46454

(E) For the purpose of the distribution required by this	46455
section, E, H, and D permits covering boats or vessels are deemed	46456
to have been issued in the municipal corporation or township	46457
wherein the owner or operator of the vehicle, boat, vessel, or	46458
dining car equipment to which the permit relates has the owner's	46459
or operator's principal office or place of business within the	46460
state.	46461

(F) If the liquor control commission determines that the	46462
police or other officers of any municipal corporation or township	46463
entitled to share in ~~such~~ distributions under this section are	46464
refusing or culpably neglecting to enforce this chapter and	46465
Chapter 4303. of the Revised Code, or the penal laws of this state	46466
relating to the manufacture, importation, transportation,	46467
distribution, and sale of beer and intoxicating liquors, or if the	46468
prosecuting officer of a municipal corporation or a municipal	46469
court fails to comply with the request of the commission	46470
authorized by division (A)(4) of section 4301.10 of the Revised	46471
Code, the commission, by certified mail, may notify the chief	46472
executive officer of the municipal corporation or the board of	46473
township trustees of the township of the failure and require the	46474
immediate cooperation of the responsible officers of the municipal	46475
corporation or township with the division of liquor control in the	46476
enforcement of those chapters and penal laws. Within thirty days	46477
after the notice is served, the commission shall determine whether	46478
the requirement has been complied with. If the commission	46479
determines that the requirement has not been complied with, it may	46480
issue an order to the superintendent to withhold the distributive	46481
share of the municipal corporation or township until further order	46482
of the commission. This action of the commission is reviewable	46483
within thirty days thereafter in the court of common pleas of	46484
Franklin county.	46485

(G) All fees collected by the division of liquor control from	46486
the issuance or renewal of B-2a and S permits, and paid by B-2a	46487
and S permit holders who do not also hold A-2 permits, shall be	46488
deposited in the state treasury to the credit of the state liquor	46489
~~control~~regulatory fund. Once during each fiscal year, an amount	46490
equal to fifty per cent of the fees collected shall be paid from	46491
the state liquor ~~control~~regulatory fund into the general revenue	46492
fund.	46493

Sec. 4301.42. For the purpose of providing revenue for the	46494
support of the state, a tax is hereby levied on the sale of beer	46495
in sealed bottles and cans having twelve ounces or less of liquid	46496
content, at the rate of fourteen one-hundredths of one cent on	46497
each ounce of liquid content or fractional part of each ounce of	46498
liquid content, and on such containers in excess of twelve ounces,	46499
at the rate of eighty-four one-hundredths of one cent on each six	46500
ounces of liquid content or fractional part of each six ounces of	46501
liquid content. Sections 4307.01 to 4307.12 of the Revised Code	46502
apply in the administration of that tax. Manufacturers, bottlers,	46503
and canners of ~~and wholesale dealers in~~ beer, wholesale dealers in	46504
beer, and S permit holders have the duty to pay the tax imposed by	46505
this section and are entitled to the privileges in the manner	46506
provided in section 4303.33 of the Revised Code.	46507

Sec. 4303.22. Permit H may be issued for a fee of three	46508
hundred dollars to a for-hire motor carrier ~~by motor vehicle~~ who	46509
~~also~~ holds a license issued by the public utilities commission to	46510
transport beer, intoxicating liquor, and alcohol, or any of them,	46511
in this state for delivery or use in this state. This section does	46512
not prevent the division of liquor control from contracting with	46513
~~common or contract~~for-hire motor carriers for the delivery or	46514
transportation of liquor for the division, and any ~~contract or~~	46515
~~common~~for-hire motor carrier so contracting with the division is	46516
eligible for an H permit. Manufacturers or wholesale distributors	46517
of beer or intoxicating liquor other than spirituous liquor who	46518
transport or deliver their own products to or from their premises	46519
licensed under this chapter and Chapter 4301. of the Revised Code	46520
by their own trucks as an incident to the purchase or sale of such	46521
beverages need not obtain an H permit. Carriers by rail shall	46522
receive an H permit upon application for it.	46523

This section does not prevent the division from issuing, upon	46524
the payment of the permit fee, an H permit to any person,	46525
partnership, firm, or corporation licensed by any other state to	46526
engage in the business of manufacturing and brewing or producing	46527
beer, wine, and mixed beverages or any person, partnership, firm,	46528
or corporation licensed by the United States or any other state to	46529
engage in the business of importing beer, wine, and mixed	46530
beverages manufactured outside the United States. The	46531
manufacturer, brewer, or importer of products manufactured outside	46532
the United States, upon the issuance of an H permit, may	46533
transport, ship, and deliver only its own products to holders of	46534
B-1 or B-5 permits in Ohio in motor trucks and equipment owned and	46535
operated by such class H permit holder. No H permit shall be	46536
issued by the division to such applicant until the applicant files	46537
with the division a liability insurance certificate or policy	46538
satisfactory to the division, in a sum of not less than one	46539
thousand nor more than five thousand dollars for property damage	46540
and for not less than five thousand nor more than fifty thousand	46541
dollars for loss sustained by reason of injury or death and with	46542
such other terms as the division considers necessary to adequately	46543
protect the interest of the public, having due regard for the	46544
number of persons and amount of property affected. The certificate	46545
or policy shall insure the manufacturer, brewer, or importer of	46546
products manufactured outside the United States against loss	46547
sustained by reason of the death of or injury to persons, and for	46548
loss of or damage to property, from the negligence of such class H	46549
permit holder in the operation of its motor vehicles or equipment	46550
in this state.	46551

Sec. 4303.33. (A) Every A-1 permit holder in this state,	46552
every bottler, importer, wholesale dealer, broker, producer, or	46553
manufacturer of beer outside this state and within the United	46554
States, and every B-1 permit holder and importer importing beer	46555
from any manufacturer, bottler, person, or group of persons	46556
however organized outside the United States for sale or	46557
distribution for sale in this state, on or before the eighteenth	46558
day of each month, shall make and file with the tax commissioner	46559
upon a form prescribed by the tax commissioner an advance tax	46560
payment in an amount estimated to equal the taxpayer's tax	46561
liability for the month in which the advance tax payment is made.	46562
If the advance tax payment credits claimed on the report are for	46563
advance tax payments received by the tax commissioner on or before	46564
the eighteenth day of the month covered by the report, the	46565
taxpayer is entitled to an additional credit of three per cent of	46566
the advance tax payment and a discount of three per cent shall be	46567
allowed the taxpayer at the time of filing the report if filed as	46568
provided in division (B) of this section on any amount by which	46569
the tax liability reflected in the report exceeds the advance tax	46570
payment estimate by not more than ten per cent. The additional	46571
three per cent credit and three per cent discount shall be in	46572
consideration for advancing the payment of the tax and other	46573
services performed by the permit holder and other taxpayers in the	46574
collection of the tax.	46575

"Advance tax payment credit" means credit for payments made	46576
by an A-1 or B-1 permit holder and any other persons during the	46577
period covered by a report which was made in anticipation of the	46578
tax liability required to be reported on that report.	46579

"Tax liability" as used in division (A) of this section means	46580
the total gross tax liability of an A-1 or B-1 permit holder and	46581
any other persons for the period covered by a report before any	46582
allowance for credits and discount.	46583

(B) Every A-1 permit holder in this state, every bottler,	46584
importer, wholesale dealer, broker, producer, or manufacturer of	46585
beer outside this state and within the United States, ~~and~~ every	46586
B-1 permit holder importing beer from any manufacturer, bottler,	46587
person, or group of persons however organized outside the United	46588
States, and every S permit holder, on or before the tenth day of	46589
each month, shall make and file a report for the preceding month	46590
upon a form prescribed by the tax commissioner which report shall	46591
show the amount of beer produced, sold, and distributed for sale	46592
in this state by the A-1 permit holder, sold and distributed for	46593
sale in this state by each manufacturer, bottler, importer,	46594
wholesale dealer, or broker outside this state and within the	46595
United States, ~~and~~ the amount of beer imported into this state	46596
from outside the United States and sold and distributed for sale	46597
in this state by the B-1 permit holder or importer, and the amount	46598
of beer sold in this state by the S permit holder.	46599

The report shall be filed by mailing it to the tax	46600
commissioner, together with payment of the tax levied by sections	46601
4301.42 and 4305.01 of the Revised Code shown to be due on the	46602
report after deduction of advance payment credits and any	46603
additional credits or discounts provided for under this section.	46604

(C)(1) Every A-2, A-4, B-2, B-2a, B-3, B-4, B-5, and S permit	46605
holder in this state, on or before the eighteenth day of each	46606
month, shall make and file a report with the tax commissioner upon	46607
a form prescribed by the tax commissioner which report shall show,	46608
on the report of each A-2, A-4, B-2a, and S permit holder the	46609
amount of wine, cider, and mixed beverages produced and sold, or	46610
sold in this state by each such A-2, A-4, B-2a, and S permit	46611
holder for the next preceding calendar month and such other	46612
information as the tax commissioner requires, and on the report of	46613
each such B-2, B-3, B-4, and B-5 permit holder the amount of wine,	46614
cider, and mixed beverages purchased from an importer, broker,	46615
wholesale dealer, producer, or manufacturer located outside this	46616
state and sold and distributed in this state by such B-2, B-3,	46617
B-4, and B-5 permit holder, for the next preceding calendar month	46618
and such other information as the tax commissioner requires.	46619

(2) Every such A-2, A-4, B-2, B-2a, B-3, B-4, B-5, and S	46620
permit holder in this state shall remit with the report the tax	46621
levied by sections 4301.43 and, if applicable, 4301.432 of the	46622
Revised Code less a discount thereon of three per cent of the	46623
total tax so levied and paid, provided the return is filed	46624
together with remittance of the amount of tax shown to be due	46625
thereon, within the time prescribed. Any permit holder or other	46626
persons who fail to file a report under this section, for each day	46627
the person so fails, may be required to forfeit and pay into the	46628
state treasury the sum of one dollar as revenue arising from the	46629
tax imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of	46630
the Revised Code, and that sum may be collected by assessment in	46631
the manner provided in section 4305.13 of the Revised Code.	46632

(3) If the tax commissioner determines that the quantity	46633
reported by a person does not warrant monthly reporting, the	46634
commissioner may authorize the filing of returns and the payment	46635
of the tax required by this section for periods longer than one	46636
month.	46637

(D) Every B-1 permit holder and importer in this state	46638
importing beer from any manufacturer, bottler, person, or group of	46639
persons however organized, outside the United States, if required	46640
by the tax commissioner shall post a bond payable to the state in	46641
such form and amount as the commissioner prescribes with surety to	46642
the satisfaction of the tax commissioner, conditioned upon the	46643
payment to the tax commissioner of taxes levied by sections	46644
4301.42 and 4305.01 of the Revised Code.	46645

(E) No such wine, beer, cider, or mixed beverages sold or	46646
distributed in this state shall be taxed more than once under	46647
sections 4301.42, 4301.43, and 4305.01 of the Revised Code.	46648

(F) As used in this section:

46649

(1) "Cider" has the same meaning as in section 4301.01 of the	46650
Revised Code.	46651

(2) "Wine" has the same meaning as in section 4301.01 of the	46652
Revised Code, except that "wine" does not include cider.	46653

(G) All money collected by the tax commissioner under this	46654
section shall be paid to the treasurer of state as revenue arising	46655
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	46656
4305.01 of the Revised Code.	46657

Sec. 4313.02. (A) The state may transfer to JobsOhio, and	46658
JobsOhio may accept the transfer of, all or a portion of the	46659
enterprise acquisition project for a transfer price payable by	46660
JobsOhio to the state. Any such transfer shall be treated as an	46661
absolute conveyance and true sale of the interest in the	46662
enterprise acquisition project purported to be conveyed for all	46663
purposes, and not as a pledge or other security interest. The	46664
characterization of any such transfer as a true sale and absolute	46665
conveyance shall not be negated or adversely affected by the	46666
acquisition or retention by the state of a residual or	46667
reversionary interest in the enterprise acquisition project, the	46668
participation of any state officer or employee as a member or	46669
officer of, or contracting for staff support to, JobsOhio or any	46670
subsidiary of JobsOhio, any regulatory responsibility of an	46671
officer or employee of the state, including the authority to	46672
collect amounts to be received in connection therewith, the	46673
retention of the state of any legal title to or interest in any	46674
portion of the enterprise acquisition project for the purpose of	46675
regulatory activities, or any characterization of JobsOhio or	46676
obligations of JobsOhio under accounting, taxation, or securities	46677
regulations, or any other reason whatsoever. An absolute	46678
conveyance and true sale or lease shall exist under this section	46679
regardless of whether JobsOhio has any recourse against the state	46680
or the treatment or characterization of the transfer as a	46681
financing for any purpose. Upon and following the transfer, the	46682
state shall not have any right, title, or interest in the	46683
enterprise acquisition project so transferred other than any	46684
residual interest that may be described in the transfer agreement	46685
pursuant to the following paragraph and division (D) of this	46686
section. Any determination of the fair market value of the	46687
enterprise acquisition project reflected in the transfer agreement	46688
shall be conclusive and binding on the state and JobsOhio.	46689

Any transfer of the enterprise acquisition project that is a	46690
lease or grant of a franchise shall be for a term not to exceed	46691
twenty-five years. Any transfer of the enterprise acquisition	46692
project that is an assignment and sale, conveyance, or other	46693
transfer shall contain a provision that the state shall have the	46694
option to have conveyed or transferred back to it, at no cost, the	46695
enterprise acquisition project, as it then exists, no later than	46696
twenty-five years after the original transfer authorized in the	46697
transfer agreement on such other terms as shall be provided in the	46698
transfer agreement.	46699

The exercise of the powers granted by this section will be	46700
for the benefit of the people of the state. All or any portion of	46701
the enterprise acquisition project transferred pursuant to the	46702
transfer agreement that would be exempt from real property taxes	46703
or assessments or real property taxes or assessments in the	46704
absence of such transfer shall, as it may from time to time exist	46705
thereafter, remain exempt from real property taxes or assessments	46706
levied by the state and its subdivisions to the same extent as if	46707
not transferred. The gross receipts and income of JobsOhio derived	46708
from the enterprise acquisition project shall be exempt from	46709
taxation levied by the state and its subdivisions, including, but	46710
not limited to, the taxes levied pursuant to Chapters 718., 5739.,	46711
5741., 5747., and 5751. of the Revised Code. Any transfer from the	46712
state to JobsOhio of the enterprise acquisition project, or item	46713
included or to be included in the project, shall be exempt from	46714
the taxes levied pursuant to Chapters 5739. and 5741. of the	46715
Revised Code.	46716

(B) The proceeds of any transfer under division (A) of this	46717
section may be expended as provided in the transfer agreement for	46718
any one or more of the following purposes:	46719

(1) Funding, payment, or defeasance of outstanding bonds	46720
issued pursuant to Chapters 151. and 166. of the Revised Code and	46721
secured by pledged liquor profits as defined in section 151.40 of	46722
the Revised Code;	46723

(2) Deposit into the general revenue fund;

46724

(3) Deposit into the clean Ohio revitalization fund created	46725
pursuant to section 122.658 of the Revised Code, the innovation	46726
Ohio loan fund created pursuant to section 166.16 of the Revised	46727
Code, the research and development loan fund created pursuant to	46728
section 166.20 of the Revised Code, the logistics and distribution	46729
infrastructure fund created pursuant to section 166.26 of the	46730
Revised Code, the advanced energy research and development fund	46731
created pursuant to section 3706.27 of the Revised Code, and the	46732
advanced energy research and development taxable fund created	46733
pursuant to section 3706.27 of the Revised Code;	46734

(4) Conveyance to JobsOhio for the purposes for which it was	46735
created.	46736

(C)(1) The state may covenant, pledge, and agree in the	46737
transfer agreement, with and for the benefit of JobsOhio, that it	46738
shall maintain statutory authority for the enterprise acquisition	46739
project and the revenues of the enterprise acquisition project and	46740
not otherwise materially impair any obligations supported by a	46741
pledge of revenues of the enterprise acquisition project. The	46742
transfer agreement may provide or authorize the manner for	46743
determining material impairment of the security for any such	46744
outstanding obligations, including by assessing and evaluating the	46745
revenues of the enterprise acquisition project.	46746

(2) The director of budget and management, in consultation	46747
with the director of commerce, may, without need for any other	46748
approval, negotiate terms of any documents, including the transfer	46749
agreement, necessary to effect the transfer and the acceptance of	46750
the transfer of the enterprise acquisition project. The director	46751
of budget and management and the director of commerce shall	46752
execute the transfer agreement on behalf of the state. The	46753
director of budget and management may also, without need for any	46754
other approval, retain or contract for the services of commercial	46755
appraisers, underwriters, investment bankers, and financial	46756
advisers, as are necessary in the judgment of the director of	46757
budget and management to effect the transfer agreement. Any	46758
transfer agreement may contain terms and conditions established by	46759
the state to carry out and effectuate the purposes of this	46760
section, including, without limitation, covenants binding the	46761
state in favor of JobsOhio. Any such transfer agreement shall be	46762
sufficient to effectuate the transfer without regard to any other	46763
laws governing other property sales or financial transactions by	46764
the state. The director of budget and management may create any	46765
funds or accounts, within or without the state treasury, as are	46766
needed for the transactions and activities authorized by this	46767
section.	46768

(3) The transfer agreement may authorize JobsOhio, in the	46769
ordinary course of doing business, to convey, lease, release, or	46770
otherwise dispose of any regular inventory or tangible personal	46771
property. Ownership of the interest in the enterprise acquisition	46772
project that is transferred to JobsOhio under this section and the	46773
transfer agreement shall be maintained in JobsOhio or a nonprofit	46774
entity the sole member of which is JobsOhio until the enterprise	46775
acquisition project is transferred back to the state pursuant to	46776
the second paragraph of division (A) and division (D) of this	46777
section.	46778

(D) The transfer agreement may authorize JobsOhio to fix,	46779
alter, and collect rentals and other charges for the use and	46780
occupancy of all or any portion of the enterprise acquisition	46781
project and to lease any portion of the enterprise acquisition	46782
project to the state, and shall include a contract with, or the	46783
granting of an option to, the state to have the enterprise	46784
acquisition project, as it then exists, transferred back to it	46785
without charge in accordance with the terms of the transfer	46786
agreement after retirement or redemption, or provision therefor,	46787
of all obligations supported by a pledge of spirituous liquor	46788
profits.	46789

(E) JobsOhio, the director of budget and management, and the	46790
director of commerce shall, subject to approval by the controlling	46791
board, enter into a contract, which may be part of the transfer	46792
agreement, for the continuing operation by the division of liquor	46793
control of spirituous liquor distribution and merchandising	46794
subject to standards for performance provided in that contract	46795
that may relate to or support division (C)(1) of this section. The	46796
contract shall establish other terms and conditions for the	46797
assignment of duties to, and the provision of advice, services,	46798
and other assistance by, the division of liquor control, including	46799
providing for the necessary staffing and payment by JobsOhio of	46800
appropriate compensation to the division for the performance of	46801
such duties and the provision of such advice, services, and other	46802
assistance. The division of liquor control shall manage and	46803
actively supervise the activities required or authorized under	46804
sections 4301.10 and 4301.17 of the Revised Code as those sections	46805
exist on ~~the effective date of this section~~September 29, 2011,	46806
including, but not limited to, controlling the traffic in	46807
intoxicating liquor in this state and fixing the wholesale and	46808
retail prices at which the various classes, varieties, and brands	46809
of spirituous liquor are sold.	46810

(F) The transfer agreement shall require JobsOhio to pay for	46811
the operations of the division of liquor control with regard to	46812
the spirituous liquor merchandising operations of the division.	46813
The payments from JobsOhio shall be deposited into the state	46814
treasury to the credit of the liquor ~~control~~operating services	46815
fund ~~created in section 4301.12 of the Revised Code~~, which is	46816
hereby created in the state treasury. The fund shall be used to	46817
pay for the operations of the division specified in this division.	46818

(G) The transaction and transfer provided for under this	46819
section shall comply with all applicable provisions of the Ohio	46820
Constitution.	46821

Sec. 4501.01. As used in this chapter and Chapters 4503.,	46822
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	46823
Revised Code, and in the penal laws, except as otherwise provided:	46824

(A) "Vehicles" means everything on wheels or runners,	46825
including motorized bicycles, but does not mean electric personal	46826
assistive mobility devices, vehicles that are operated exclusively	46827
on rails or tracks or from overhead electric trolley wires, and	46828
vehicles that belong to any police department, municipal fire	46829
department, or volunteer fire department, or that are used by such	46830
a department in the discharge of its functions.	46831

(B) "Motor vehicle" means any vehicle, including mobile homes	46832
and recreational vehicles, that is propelled or drawn by power	46833
other than muscular power or power collected from overhead	46834
electric trolley wires. "Motor vehicle" does not include utility	46835
vehicles as defined in division (VV) of this section, motorized	46836
bicycles, road rollers, traction engines, power shovels, power	46837
cranes, and other equipment used in construction work and not	46838
designed for or employed in general highway transportation,	46839
well-drilling machinery, ditch-digging machinery, farm machinery,	46840
and trailers that are designed and used exclusively to transport a	46841
boat between a place of storage and a marina, or in and around a	46842
marina, when drawn or towed on a public road or highway for a	46843
distance of no more than ten miles and at a speed of twenty-five	46844
miles per hour or less.	46845

(C) "Agricultural tractor" and "traction engine" mean any	46846
self-propelling vehicle that is designed or used for drawing other	46847
vehicles or wheeled machinery, but has no provisions for carrying	46848
loads independently of such other vehicles, and that is used	46849
principally for agricultural purposes.	46850

(D) "Commercial tractor," except as defined in division (C)	46851
of this section, means any motor vehicle that has motive power and	46852
either is designed or used for drawing other motor vehicles, or is	46853
designed or used for drawing another motor vehicle while carrying	46854
a portion of the other motor vehicle or its load, or both.	46855

(E) "Passenger car" means any motor vehicle that is designed	46856
and used for carrying not more than nine persons and includes any	46857
motor vehicle that is designed and used for carrying not more than	46858
fifteen persons in a ridesharing arrangement.	46859

(F) "Collector's vehicle" means any motor vehicle or	46860
agricultural tractor or traction engine that is of special	46861
interest, that has a fair market value of one hundred dollars or	46862
more, whether operable or not, and that is owned, operated,	46863
collected, preserved, restored, maintained, or used essentially as	46864
a collector's item, leisure pursuit, or investment, but not as the	46865
owner's principal means of transportation. "Licensed collector's	46866
vehicle" means a collector's vehicle, other than an agricultural	46867
tractor or traction engine, that displays current, valid license	46868
tags issued under section 4503.45 of the Revised Code, or a	46869
similar type of motor vehicle that displays current, valid license	46870
tags issued under substantially equivalent provisions in the laws	46871
of other states.	46872

(G) "Historical motor vehicle" means any motor vehicle that	46873
is over twenty-five years old and is owned solely as a collector's	46874
item and for participation in club activities, exhibitions, tours,	46875
parades, and similar uses, but that in no event is used for	46876
general transportation.	46877

(H) "Noncommercial motor vehicle" means any motor vehicle,	46878
including a farm truck as defined in section 4503.04 of the	46879
Revised Code, that is designed by the manufacturer to carry a load	46880
of no more than one ton and is used exclusively for purposes other	46881
than engaging in business for profit.	46882

(I) "Bus" means any motor vehicle that has motor power and is	46883
designed and used for carrying more than nine passengers, except	46884
any motor vehicle that is designed and used for carrying not more	46885
than fifteen passengers in a ridesharing arrangement.	46886

(J) "Commercial car" or "truck" means any motor vehicle that	46887
has motor power and is designed and used for carrying merchandise	46888
or freight, or that is used as a commercial tractor.	46889

(K) "Bicycle" means every device, other than a tricycle that	46890
is designed solely for use as a play vehicle by a child, that is	46891
propelled solely by human power upon which any person may ride,	46892
and that has two tandem wheels, or one wheel in front and two	46893
wheels in the rear, or two wheels in the front and one wheel in	46894
the rear, any of which is more than fourteen inches in diameter.	46895

(L) "Motorized bicycle" means any vehicle that either has two	46896
tandem wheels or one wheel in the front and two wheels in the	46897
rear, that is capable of being pedaled, and that is equipped with	46898
a helper motor of not more than fifty cubic centimeters piston	46899
displacement that produces no more than one brake horsepower and	46900
is capable of propelling the vehicle at a speed of no greater than	46901
twenty miles per hour on a level surface.	46902

(M) "Trailer" means any vehicle without motive power that is	46903
designed or used for carrying property or persons wholly on its	46904
own structure and for being drawn by a motor vehicle, and includes	46905
any such vehicle that is formed by or operated as a combination of	46906
a semitrailer and a vehicle of the dolly type such as that	46907
commonly known as a trailer dolly, a vehicle used to transport	46908
agricultural produce or agricultural production materials between	46909
a local place of storage or supply and the farm when drawn or	46910
towed on a public road or highway at a speed greater than	46911
twenty-five miles per hour, and a vehicle that is designed and	46912
used exclusively to transport a boat between a place of storage	46913
and a marina, or in and around a marina, when drawn or towed on a	46914
public road or highway for a distance of more than ten miles or at	46915
a speed of more than twenty-five miles per hour. "Trailer" does	46916
not include a manufactured home or travel trailer.	46917

(N) "Noncommercial trailer" means any trailer, except a	46918
travel trailer or trailer that is used to transport a boat as	46919
described in division (B) of this section, but, where applicable,	46920
includes a vehicle that is used to transport a boat as described	46921
in division (M) of this section, that has a gross weight of no	46922
more than ten thousand pounds, and that is used exclusively for	46923
purposes other than engaging in business for a profit, such as the	46924
transportation of personal items for personal or recreational	46925
purposes.	46926

(O) "Mobile home" means a building unit or assembly of closed	46927
construction that is fabricated in an off-site facility, is more	46928
than thirty-five body feet in length or, when erected on site, is	46929
three hundred twenty or more square feet, is built on a permanent	46930
chassis, is transportable in one or more sections, and does not	46931
qualify as a manufactured home as defined in division (C)(4) of	46932
section 3781.06 of the Revised Code or as an industrialized unit	46933
as defined in division (C)(3) of section 3781.06 of the Revised	46934
Code.	46935

(P) "Semitrailer" means any vehicle of the trailer type that	46936
does not have motive power and is so designed or used with another	46937
and separate motor vehicle that in operation a part of its own	46938
weight or that of its load, or both, rests upon and is carried by	46939
the other vehicle furnishing the motive power for propelling	46940
itself and the vehicle referred to in this division, and includes,	46941
for the purpose only of registration and taxation under those	46942
chapters, any vehicle of the dolly type, such as a trailer dolly,	46943
that is designed or used for the conversion of a semitrailer into	46944
a trailer.	46945

(Q) "Recreational vehicle" means a vehicular portable	46946
structure that meets all of the following conditions:	46947

(1) It is designed for the sole purpose of recreational	46948
travel.	46949

(2) It is not used for the purpose of engaging in business	46950
for profit.	46951

(3) It is not used for the purpose of engaging in intrastate	46952
commerce.	46953

(4) It is not used for the purpose of commerce as defined in	46954
49 C.F.R. 383.5, as amended.	46955

(5) It is not regulated by the public utilities commission	46956
pursuant to Chapter ~~4919~~4905., 4921., or 4923. of the Revised	46957
Code.	46958

(6) It is classed as one of the following:

46959

(a) "Travel trailer" means a nonself-propelled recreational	46960
vehicle that does not exceed an overall length of thirty-five	46961
feet, exclusive of bumper and tongue or coupling, and contains	46962
less than three hundred twenty square feet of space when erected	46963
on site. "Travel trailer" includes a tent-type fold-out camping	46964
trailer as defined in section 4517.01 of the Revised Code.	46965

(b) "Motor home" means a self-propelled recreational vehicle	46966
that has no fifth wheel and is constructed with permanently	46967
installed facilities for cold storage, cooking and consuming of	46968
food, and for sleeping.	46969

(c) "Truck camper" means a nonself-propelled recreational	46970
vehicle that does not have wheels for road use and is designed to	46971
be placed upon and attached to a motor vehicle. "Truck camper"	46972
does not include truck covers that consist of walls and a roof,	46973
but do not have floors and facilities enabling them to be used as	46974
a dwelling.	46975

(d) "Fifth wheel trailer" means a vehicle that is of such	46976
size and weight as to be movable without a special highway permit,	46977
that has a gross trailer area of four hundred square feet or less,	46978
that is constructed with a raised forward section that allows a	46979
bi-level floor plan, and that is designed to be towed by a vehicle	46980
equipped with a fifth-wheel hitch ordinarily installed in the bed	46981
of a truck.	46982

(e) "Park trailer" means a vehicle that is commonly known as	46983
a park model recreational vehicle, meets the American national	46984
standard institute standard A119.5 (1988) for park trailers, is	46985
built on a single chassis, has a gross trailer area of four	46986
hundred square feet or less when set up, is designed for seasonal	46987
or temporary living quarters, and may be connected to utilities	46988
necessary for the operation of installed features and appliances.	46989

(R) "Pneumatic tires" means tires of rubber and fabric or	46990
tires of similar material, that are inflated with air.	46991

(S) "Solid tires" means tires of rubber or similar elastic	46992
material that are not dependent upon confined air for support of	46993
the load.	46994

(T) "Solid tire vehicle" means any vehicle that is equipped	46995
with two or more solid tires.	46996

(U) "Farm machinery" means all machines and tools that are	46997
used in the production, harvesting, and care of farm products, and	46998
includes trailers that are used to transport agricultural produce	46999
or agricultural production materials between a local place of	47000
storage or supply and the farm, agricultural tractors, threshing	47001
machinery, hay-baling machinery, corn shellers, hammermills, and	47002
machinery used in the production of horticultural, agricultural,	47003
and vegetable products.	47004

(V) "Owner" includes any person or firm, other than a	47005
manufacturer or dealer, that has title to a motor vehicle, except	47006
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	47007
includes in addition manufacturers and dealers.	47008

(W) "Manufacturer" and "dealer" include all persons and firms	47009
that are regularly engaged in the business of manufacturing,	47010
selling, displaying, offering for sale, or dealing in motor	47011
vehicles, at an established place of business that is used	47012
exclusively for the purpose of manufacturing, selling, displaying,	47013
offering for sale, or dealing in motor vehicles. A place of	47014
business that is used for manufacturing, selling, displaying,	47015
offering for sale, or dealing in motor vehicles shall be deemed to	47016
be used exclusively for those purposes even though snowmobiles or	47017
all-purpose vehicles are sold or displayed for sale thereat, even	47018
though farm machinery is sold or displayed for sale thereat, or	47019
even though repair, accessory, gasoline and oil, storage, parts,	47020
service, or paint departments are maintained thereat, or, in any	47021
county having a population of less than seventy-five thousand at	47022
the last federal census, even though a department in a place of	47023
business is used to dismantle, salvage, or rebuild motor vehicles	47024
by means of used parts, if such departments are operated for the	47025
purpose of furthering and assisting in the business of	47026
manufacturing, selling, displaying, offering for sale, or dealing	47027
in motor vehicles. Places of business or departments in a place of	47028
business used to dismantle, salvage, or rebuild motor vehicles by	47029
means of using used parts are not considered as being maintained	47030
for the purpose of assisting or furthering the manufacturing,	47031
selling, displaying, and offering for sale or dealing in motor	47032
vehicles.	47033

(X) "Operator" includes any person who drives or operates a	47034
motor vehicle upon the public highways.	47035

(Y) "Chauffeur" means any operator who operates a motor	47036
vehicle, other than a taxicab, as an employee for hire; or any	47037
operator whether or not the owner of a motor vehicle, other than a	47038
taxicab, who operates such vehicle for transporting, for gain,	47039
compensation, or profit, either persons or property owned by	47040
another. Any operator of a motor vehicle who is voluntarily	47041
involved in a ridesharing arrangement is not considered an	47042
employee for hire or operating such vehicle for gain,	47043
compensation, or profit.	47044

(Z) "State" includes the territories and federal districts of	47045
the United States, and the provinces of Canada.	47046

(AA) "Public roads and highways" for vehicles includes all	47047
public thoroughfares, bridges, and culverts.	47048

(BB) "Manufacturer's number" means the manufacturer's	47049
original serial number that is affixed to or imprinted upon the	47050
chassis or other part of the motor vehicle.	47051

(CC) "Motor number" means the manufacturer's original number	47052
that is affixed to or imprinted upon the engine or motor of the	47053
vehicle.	47054

(DD) "Distributor" means any person who is authorized by a	47055
motor vehicle manufacturer to distribute new motor vehicles to	47056
licensed motor vehicle dealers at an established place of business	47057
that is used exclusively for the purpose of distributing new motor	47058
vehicles to licensed motor vehicle dealers, except when the	47059
distributor also is a new motor vehicle dealer, in which case the	47060
distributor may distribute at the location of the distributor's	47061
licensed dealership.	47062

(EE) "Ridesharing arrangement" means the transportation of	47063
persons in a motor vehicle where the transportation is incidental	47064
to another purpose of a volunteer driver and includes ridesharing	47065
arrangements known as carpools, vanpools, and buspools.	47066

(FF) "Apportionable vehicle" means any vehicle that is used	47067
or intended for use in two or more international registration plan	47068
member jurisdictions that allocate or proportionally register	47069
vehicles, that is used for the transportation of persons for hire	47070
or designed, used, or maintained primarily for the transportation	47071
of property, and that meets any of the following qualifications:	47072

(1) Is a power unit having a gross vehicle weight in excess	47073
of twenty-six thousand pounds;	47074

(2) Is a power unit having three or more axles, regardless of	47075
the gross vehicle weight;	47076

(3) Is a combination vehicle with a gross vehicle weight in	47077
excess of twenty-six thousand pounds.	47078

"Apportionable vehicle" does not include recreational	47079
vehicles, vehicles displaying restricted plates, city pick-up and	47080
delivery vehicles, buses used for the transportation of chartered	47081
parties, or vehicles owned and operated by the United States, this	47082
state, or any political subdivisions thereof.	47083

(GG) "Chartered party" means a group of persons who contract	47084
as a group to acquire the exclusive use of a passenger-carrying	47085
motor vehicle at a fixed charge for the vehicle in accordance with	47086
the carrier's tariff, lawfully on file with the United States	47087
department of transportation, for the purpose of group travel to a	47088
specified destination or for a particular itinerary, either agreed	47089
upon in advance or modified by the chartered group after having	47090
left the place of origin.	47091

(HH) "International registration plan" means a reciprocal	47092
agreement of member jurisdictions that is endorsed by the American	47093
association of motor vehicle administrators, and that promotes and	47094
encourages the fullest possible use of the highway system by	47095
authorizing apportioned registration of fleets of vehicles and	47096
recognizing registration of vehicles apportioned in member	47097
jurisdictions.	47098

(II) "Restricted plate" means a license plate that has a	47099
restriction of time, geographic area, mileage, or commodity, and	47100
includes license plates issued to farm trucks under division (J)	47101
of section 4503.04 of the Revised Code.	47102

(JJ) "Gross vehicle weight," with regard to any commercial	47103
car, trailer, semitrailer, or bus that is taxed at the rates	47104
established under section 4503.042 or 4503.65 of the Revised Code,	47105
means the unladen weight of the vehicle fully equipped plus the	47106
maximum weight of the load to be carried on the vehicle.	47107

(KK) "Combined gross vehicle weight" with regard to any	47108
combination of a commercial car, trailer, and semitrailer, that is	47109
taxed at the rates established under section 4503.042 or 4503.65	47110
of the Revised Code, means the total unladen weight of the	47111
combination of vehicles fully equipped plus the maximum weight of	47112
the load to be carried on that combination of vehicles.	47113

(LL) "Chauffeured limousine" means a motor vehicle that is	47114
designed to carry nine or fewer passengers and is operated for	47115
hire on an hourly basis pursuant to a prearranged contract for the	47116
transportation of passengers on public roads and highways along a	47117
route under the control of the person hiring the vehicle and not	47118
over a defined and regular route. "Prearranged contract" means an	47119
agreement, made in advance of boarding, to provide transportation	47120
from a specific location in a chauffeured limousine at a fixed	47121
rate per hour or trip. "Chauffeured limousine" does not include	47122
any vehicle that is used exclusively in the business of funeral	47123
directing.	47124

(MM) "Manufactured home" has the same meaning as in division	47125
(C)(4) of section 3781.06 of the Revised Code.	47126

(NN) "Acquired situs," with respect to a manufactured home or	47127
a mobile home, means to become located in this state by the	47128
placement of the home on real property, but does not include the	47129
placement of a manufactured home or a mobile home in the inventory	47130
of a new motor vehicle dealer or the inventory of a manufacturer,	47131
remanufacturer, or distributor of manufactured or mobile homes.	47132

(OO) "Electronic" includes electrical, digital, magnetic,	47133
optical, electromagnetic, or any other form of technology that	47134
entails capabilities similar to these technologies.	47135

(PP) "Electronic record" means a record generated,	47136
communicated, received, or stored by electronic means for use in	47137
an information system or for transmission from one information	47138
system to another.	47139

(QQ) "Electronic signature" means a signature in electronic	47140
form attached to or logically associated with an electronic	47141
record.	47142

(RR) "Financial transaction device" has the same meaning as	47143
in division (A) of section 113.40 of the Revised Code.	47144

(SS) "Electronic motor vehicle dealer" means a motor vehicle	47145
dealer licensed under Chapter 4517. of the Revised Code whom the	47146
registrar of motor vehicles determines meets the criteria	47147
designated in section 4503.035 of the Revised Code for electronic	47148
motor vehicle dealers and designates as an electronic motor	47149
vehicle dealer under that section.	47150

(TT) "Electric personal assistive mobility device" means a	47151
self-balancing two non-tandem wheeled device that is designed to	47152
transport only one person, has an electric propulsion system of an	47153
average of seven hundred fifty watts, and when ridden on a paved	47154
level surface by an operator who weighs one hundred seventy pounds	47155
has a maximum speed of less than twenty miles per hour.	47156

(UU) "Limited driving privileges" means the privilege to	47157
operate a motor vehicle that a court grants under section 4510.021	47158
of the Revised Code to a person whose driver's or commercial	47159
driver's license or permit or nonresident operating privilege has	47160
been suspended.	47161

(VV) "Utility vehicle" means a self-propelled vehicle	47162
designed with a bed, principally for the purpose of transporting	47163
material or cargo in connection with construction, agricultural,	47164
forestry, grounds maintenance, lawn and garden, materials	47165
handling, or similar activities. "Utility vehicle" includes a	47166
vehicle with a maximum attainable speed of twenty miles per hour	47167
or less that is used exclusively within the boundaries of state	47168
parks by state park employees or volunteers for the operation or	47169
maintenance of state park facilities.	47170

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	47171
referred to in division (O) of section 4503.04, division (E) of	47172
section 4503.042, division (B) of section 4503.07, division (C)(1)	47173
of section 4503.10, division (D) of section 4503.182, division (A)	47174
of section 4503.19, division (D)(2) of section 4507.24, division	47175
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	47176
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, ~~4923.12,~~ and 5502.12	47177
of the Revised Code, and the taxes charged in section 4503.65 that	47178
are distributed in accordance with division (A)(2) of section	47179
4501.044 of the Revised Code unless otherwise designated by law,	47180
shall be deposited in the state treasury to the credit of the	47181
state highway safety fund, which is hereby created, and shall,	47182
after receipt of certifications from the commissioners of the	47183
sinking fund certifying that there are sufficient moneys to the	47184
credit of the highway obligations bond retirement fund created by	47185
section 5528.32 of the Revised Code to meet in full all payments	47186
of interest, principal, and charges for the retirement of highway	47187
obligations issued pursuant to Section 2i of Article VIII, Ohio	47188
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	47189
due and payable during the current calendar year, be used for the	47190
purpose of enforcing and paying the expenses of administering the	47191
law relative to the registration and operation of motor vehicles	47192
on the public roads or highways. Amounts credited to the fund may	47193
also be used to pay the expenses of administering and enforcing	47194
the laws under which such fees were collected. All investment	47195
earnings of the state highway safety fund shall be credited to the	47196
fund.	47197

Sec. 4503.031. (A)(1) If the registrar of motor vehicles	47198
determines that space is available at a deputy registrar's office,	47199
the clerk of the court of common pleas in the county where the	47200
deputy is located shall be given the opportunity to use the space	47201
for the purpose of carrying out the clerk's duties related to the	47202
titling of motor vehicles. Each clerk of the court of common pleas	47203
using space in a deputy registrar's office shall remit to the	47204
deputy a rental fee equal to the percentage of space occupied by	47205
the clerk in the deputy's office multiplied by the rental fee or	47206
mortgage cost paid for the entire deputy registrar's office plus a	47207
pro rata share of all utility costs.	47208

(2) If the clerk of the court of common pleas determines that	47209
space is available at any location at which the clerk has an	47210
office, the clerk shall inform the registrar of that fact and	47211
shall provide the registrar with all pertinent information about	47212
the available space. After giving due consideration to the	47213
locations of deputy registrar offices existing in the county in	47214
which the clerk of the court of common pleas is located, the	47215
registrar shall inform the appropriate deputy registrars, if any,	47216
of the available space of the clerk of the court of common pleas.	47217
Each such deputy registrar shall be given the opportunity to use	47218
the space for the purpose of carrying out the deputy registrar's	47219
duties. Each deputy registrar using space in the office of the	47220
clerk of a court of common pleas shall remit to the clerk a rental	47221
fee equal to the percentage of space occupied by the deputy	47222
registrar in the clerk's office multiplied by the rental fee or	47223
mortgage cost, if any, paid for the entire clerk's office plus a	47224
pro rata share of all utility costs.	47225

If no current deputy registrar elects to utilize the	47226
available space of the clerk of the court of common pleas, the	47227
registrar shall inform all persons who express an interest to the	47228
registrar in becoming a deputy registrar in that county of the	47229
available space of the clerk if the space in fact continues to be	47230
available.	47231

(3) A clerk of the court of common pleas and a deputy	47232
registrar may elect to occupy a location at which neither the	47233
clerk nor the deputy currently is an occupant. Any such	47234
arrangement is subject to the approval of the registrar, who shall	47235
give due consideration to all issues and aspects of the proposed	47236
arrangement, including security at the location and service to the	47237
public.	47238

(B) ~~The~~When possible, as determined by the director of	47239
public safety and the registrar ~~and the superintendent of the~~	47240
~~state highway patrol shall cooperate to the fullest extent~~	47241
~~possible in locating~~, a driver's license examination station shall	47242
be located at or near a deputy registrar's office. For each	47243
driver's license examination station located at a deputy	47244
registrar's office, the ~~superintendent of the state highway patrol~~	47245
director shall remit to the deputy a rental fee equal to the	47246
percentage of space occupied for the driver's license examination	47247
station multiplied by the rental fee or mortgage cost paid for the	47248
entire deputy registrar's office plus a pro rata share of all	47249
utility costs.	47250

(C) During the regular business hours of deputy registrars,	47251
the registrar shall keep the central office open and sufficiently	47252
staffed to be able to respond to the technical needs of the	47253
deputies.	47254

(D) The registrar shall adopt rules to promote public	47255
information regarding motor vehicle registration. The rules shall	47256
include:	47257

(1) The operation by the registrar, during the regular	47258
business hours of deputy registrars, of a toll-free telephone	47259
number to give information and receive complaints;	47260

(2) The listing by the registrar, of each deputy registrar,	47261
together with the toll-free telephone number required under	47262
division (D)(1) of this section, in the local business and	47263
advertising telephone directory for the area served by the deputy,	47264
under the heading of the bureau of motor vehicles.	47265

Sec. 4503.061. (A) All manufactured and mobile homes shall	47266
be listed on either the real property tax list or the manufactured	47267
home tax list of the county in which the home has situs. Each	47268
owner shall follow the procedures in this section to identify the	47269
home to the county auditor of the county containing the taxing	47270
district in which the home has situs so that the auditor may place	47271
the home on the appropriate tax list.	47272

(B) When a manufactured or mobile home first acquires situs	47273
in this state and is subject to real property taxation pursuant to	47274
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	47275
owner shall present to the auditor of the county containing the	47276
taxing district in which the home has its situs the certificate of	47277
title for the home, together with proof that all taxes due have	47278
been paid and proof that a relocation notice was obtained for the	47279
home if required under this section. Upon receiving the	47280
certificate of title and the required proofs, the auditor shall	47281
place the home on the real property tax list and proceed to treat	47282
the home as other properties on that list. After the auditor has	47283
placed the home on the tax list of real and public utility	47284
property, the auditor shall deliver the certificate of title to	47285
the clerk of the court of common pleas that issued it pursuant to	47286
section 4505.11 of the Revised Code, and the clerk shall	47287
inactivate the certificate of title.	47288

(C)(1) When a manufactured or mobile home subject to a	47289
manufactured home tax is relocated to or first acquires situs in	47290
any county that has adopted a permanent manufactured home	47291
registration system, as provided in division (F) of this section,	47292
the owner, within thirty days after the home is relocated or first	47293
acquires situs under section 4503.06 of the Revised Code, shall	47294
register the home with the county auditor of the county containing	47295
the taxing district in which the home has its situs. For the first	47296
registration in each county of situs, the owner or vendee in	47297
possession shall present to the county auditor an Ohio certificate	47298
of title, certified copy of the certificate of title, or	47299
memorandum certificate of title as such are required by law, and	47300
proof, as required by the county auditor, that the home, if it has	47301
previously been occupied and is being relocated, has been	47302
previously registered, that all taxes due and required to be paid	47303
under division (H)(1) of this section before a relocation notice	47304
may be issued have been paid, and that a relocation notice was	47305
obtained for the home if required by division (H) of this section.	47306
If the owner or vendee does not possess the Ohio certificate of	47307
title, certified copy of the certificate of title, or memorandum	47308
certificate of title at the time the owner or vendee first	47309
registers the home in a county, the county auditor shall register	47310
the home without presentation of the document, but the owner or	47311
vendee shall present the certificate of title, certified copy of	47312
the certificate of title, or memorandum certificate of title to	47313
the county auditor within fourteen days after the owner or vendee	47314
obtains possession of the document.	47315

(2) When a manufactured or mobile home is registered for the	47316
first time in a county and when the total tax due has been paid as	47317
required by division (F) of section 4503.06 of the Revised Code or	47318
divisions (E) and (H) of this section, the county treasurer shall	47319
note by writing or by a stamp on the certificate of title,	47320
certified copy of certificate of title, or memorandum certificate	47321
of title that the home has been registered and that the taxes due,	47322
if any, have been paid for the preceding five years and for the	47323
current year. The treasurer shall then issue a certificate	47324
evidencing registration and a decal to be displayed on the street	47325
side of the home. The certificate is valid in any county in this	47326
state during the year for which it is issued.	47327

(3) For each year thereafter, the county treasurer shall	47328
issue a tax bill stating the amount of tax due under section	47329
4503.06 of the Revised Code, as provided in division (D)(6) of	47330
that section. When the total tax due has been paid as required by	47331
division (F) of that section, the county treasurer shall issue a	47332
certificate evidencing registration that shall be valid in any	47333
county in this state during the year for which the certificate is	47334
issued.	47335

(4) The permanent decal issued under this division is valid	47336
during the period of ownership, except that when a manufactured	47337
home is relocated in another county the owner shall apply for a	47338
new registration as required by this section and section 4503.06	47339
of the Revised Code.	47340

(D)(1) All owners of manufactured or mobile homes subject to	47341
the manufactured home tax being relocated to or having situs in a	47342
county that has not adopted a permanent registration system, as	47343
provided in division (F) of this section, shall register the home	47344
within thirty days after the home is relocated or first acquires	47345
situs under section 4503.06 of the Revised Code and thereafter	47346
shall annually register the home with the county auditor of the	47347
county containing the taxing district in which the home has its	47348
situs.	47349

(2) Upon the annual registration, the county treasurer shall	47350
issue a tax bill stating the amount of annual manufactured home	47351
tax due under section 4503.06 of the Revised Code, as provided in	47352
division (D)(6) of that section. When a manufactured or mobile	47353
home is registered and when the tax for the current one-half year	47354
has been paid as required by division (F) of that section, the	47355
county treasurer shall issue a certificate evidencing registration	47356
and a decal. The certificate and decal are valid in any county in	47357
this state during the year for which they are issued. The decal	47358
shall be displayed on the street side of the home.	47359

(3) For the first annual registration in each county of	47360
situs, the county auditor shall require the owner or vendee to	47361
present an Ohio certificate of title, certified copy of the	47362
certificate of title, or memorandum certificate of title as such	47363
are required by law, and proof, as required by the county auditor,	47364
that the manufactured or mobile home has been previously	47365
registered, if such registration was required, that all taxes due	47366
and required to be paid under division (H)(1) of this section	47367
before a relocation notice may be issued have been paid, and that	47368
a relocation notice was obtained for the home if required by	47369
division (H) of this section. If the owner or vendee does not	47370
possess the Ohio certificate of title, certified copy of the	47371
certificate of title, or memorandum certificate of title at the	47372
time the owner or vendee first registers the home in a county, the	47373
county auditor shall register the home without presentation of the	47374
document, but the owner or vendee shall present the certificate of	47375
title, certified copy of the certificate of title, or memorandum	47376
certificate of title to the county auditor within fourteen days	47377
after the owner or vendee obtains possession of the document. When	47378
the county treasurer receives the tax payment, the county	47379
treasurer shall note by writing or by a stamp on the certificate	47380
of title, certified copy of the certificate of title, or	47381
memorandum certificate of title that the home has been registered	47382
for the current year and that the manufactured home taxes due, if	47383
any, have been paid for the preceding five years and for the	47384
current year.	47385

(4) For subsequent annual registrations, the auditor may	47386
require the owner or vendee in possession to present an Ohio	47387
certificate of title, certified copy of the certificate of title,	47388
or memorandum certificate of title to the county treasurer upon	47389
payment of the manufactured home tax that is due.	47390

(E)(1) Upon the application to transfer ownership of a	47391
manufactured or mobile home for which manufactured home taxes are	47392
paid pursuant to division (C) of section 4503.06 of the Revised	47393
Code the clerk of the court of common pleas shall not issue any	47394
certificate of title that does not contain or have attached both	47395
of the following:	47396

(a) An endorsement of the county treasurer stating that the	47397
home has been registered for each year of ownership and that all	47398
manufactured home taxes imposed pursuant to section 4503.06 of the	47399
Revised Code have been paid or that no tax is due;	47400

(b) An endorsement of the county auditor that the	47401
manufactured home transfer tax imposed pursuant to section 322.06	47402
of the Revised Code and any fees imposed under division (G) of	47403
section 319.54 of the Revised Code have been paid.	47404

(2) If all the taxes have not been paid, the clerk shall	47405
notify the vendee to contact the county treasurer of the county	47406
containing the taxing district in which the home has its situs at	47407
the time of the proposed transfer. The county treasurer shall then	47408
collect all the taxes that are due for the year of the transfer	47409
and all previous years not exceeding a total of five years. The	47410
county treasurer shall distribute that part of the collection owed	47411
to the county treasurer of other counties if the home had its	47412
situs in another county during a particular year when the unpaid	47413
tax became due and payable. The burden to prove the situs of the	47414
home in the years that the taxes were not paid is on the	47415
transferor of the home. Upon payment of the taxes, the county	47416
auditor shall remove all remaining taxes from the manufactured	47417
home tax list and the delinquent manufactured home tax list, and	47418
the county treasurer shall release all liens for such taxes. The	47419
clerk of courts shall issue a certificate of title, free and clear	47420
of all liens for manufactured home taxes, to the transferee of the	47421
home.	47422

(3) Once the transfer is complete and the certificate of	47423
title has been issued, the transferee shall register the	47424
manufactured or mobile home pursuant to division (C) or (D) of	47425
this section with the county auditor of the county containing the	47426
taxing district in which the home remains after the transfer or,	47427
if the home is relocated to another county, with the county	47428
auditor of the county to which the home is relocated. The	47429
transferee need not pay the annual tax for the year of acquisition	47430
if the original owner has already paid the annual tax for that	47431
year.	47432

(F) The county auditor may adopt a permanent registration	47433
system and issue a permanent decal with the first registration as	47434
prescribed by the tax commissioner.	47435

(G) When any manufactured or mobile home required to be	47436
registered by this section is not registered, the county auditor	47437
shall impose a penalty of one hundred dollars upon the owner and	47438
deposit the amount to the credit of the county real estate	47439
assessment fund to be used to pay the costs of administering this	47440
section and section 4503.06 of the Revised Code. If unpaid, the	47441
penalty shall constitute a lien on the home and shall be added by	47442
the county auditor to the manufactured home tax list for	47443
collection.	47444

(H)(1) Except as otherwise provided in this division, before	47445
moving a manufactured or mobile home on public roads from one	47446
address within this state to another address within or outside	47447
this state, the owner of the home shall obtain a relocation	47448
notice, as provided by this section, from the auditor of the	47449
county in which the home is located if the home is currently	47450
subject to taxation pursuant to section 4503.06 of the Revised	47451
Code. The auditor shall charge five dollars for the notice, and	47452
deposit the amount to the credit of the county real estate	47453
assessment fund to be used to pay the costs of administering this	47454
section and section 4503.06 of the Revised Code. The auditor shall	47455
not issue a relocation notice unless all taxes owed on the home	47456
under section 4503.06 of the Revised Code that were first charged	47457
to the home during the period of ownership of the owner seeking	47458
the relocation notice have been paid. If the home is being moved	47459
by a new owner of the home or by a party taking repossession of	47460
the home, the auditor shall not issue a relocation notice unless	47461
all of the taxes due for the preceding five years and for the	47462
current year have been paid. A relocation notice issued by a	47463
county auditor is valid until the last day of December of the year	47464
in which it was issued.	47465

If the home is being moved by a sheriff, police officer,	47466
constable, bailiff, or manufactured home park operator, as defined	47467
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	47468
any of these persons, for purposes of removal from a manufactured	47469
home park and storage, sale, or destruction under section 1923.14	47470
of the Revised Code, the auditor shall issue a relocation notice	47471
without requiring payment of any taxes owed on the home under	47472
section 4503.06 of the Revised Code.	47473

(2) If a manufactured or mobile home is not yet subject to	47474
taxation under section 4503.06 of the Revised Code, the owner of	47475
the home shall obtain a relocation notice from the dealer of the	47476
home. Within thirty days after the manufactured or mobile home is	47477
purchased, the dealer of the home shall provide the auditor of the	47478
county in which the home is to be located written notice of the	47479
name of the purchaser of the home, the registration number or	47480
vehicle identification number of the home, and the address or	47481
location to which the home is to be moved. The county auditor	47482
shall provide to each manufactured and mobile home dealer, without	47483
charge, a supply of relocation notices to be distributed to	47484
purchasers pursuant to this section.	47485

(3) The notice shall be in the form of a one-foot square	47486
yellow sign with the words "manufactured home relocation notice"	47487
printed prominently on it. The name of the owner of the home, the	47488
home's registration number or vehicle identification number, the	47489
county and the address or location to which the home is being	47490
moved, and the county in which the notice is issued shall also be	47491
entered on the notice.	47492

(4) The relocation notice must be attached to the rear of the	47493
home when the home is being moved on a public road. Except as	47494
provided in divisions (H)(1) and (5) of this section, no person	47495
shall drive a motor vehicle moving a manufactured or mobile home	47496
on a public road from one address to another address within this	47497
state unless a relocation notice is attached to the rear of the	47498
home.	47499

(5) If the county auditor determines that a manufactured or	47500
mobile home has been moved without a relocation notice as required	47501
under this division, the auditor shall impose a penalty of one	47502
hundred dollars upon the owner of the home and upon the person who	47503
moved the home and deposit the amount to the credit of the county	47504
real estate assessment fund to pay the costs of administering this	47505
section and section 4503.06 of the Revised Code. If the home was	47506
relocated from one county in this state to another county in this	47507
state and the county auditor of the county to which the home was	47508
relocated imposes the penalty, that county auditor, upon	47509
collection of the penalty, shall cause an amount equal to the	47510
penalty to be transmitted from the county real estate assessment	47511
fund to the county auditor of the county from which the home was	47512
relocated, who shall deposit the amount to the credit of the	47513
county real estate assessment fund. If the penalty on the owner is	47514
unpaid, the penalty shall constitute a lien on the home and the	47515
auditor shall add the penalty to the manufactured home tax list	47516
for collection. If the county auditor determines that a dealer	47517
that has sold a manufactured or mobile home has failed to timely	47518
provide the information required under this division, the auditor	47519
shall impose a penalty upon the dealer in the amount of one	47520
hundred dollars. The penalty shall be credited to the county real	47521
estate assessment fund and used to pay the costs of administering	47522
this section and section 4503.06 of the Revised Code.	47523

(I) Whoever violates division (H)(4) of this section is	47524
guilty of a minor misdemeanor.	47525

Sec. 4503.062. (A) Every operator of a manufactured home	47526
court, or manufactured home park, as defined in section ~~3733.01~~	47527
4781.01 of the Revised Code, or when there is no operator, every	47528
owner of property used for such purposes on which three or more	47529
manufactured or mobile homes are located, shall keep a register of	47530
all manufactured and mobile homes that make use of the court,	47531
park, or property. The register shall contain all of the	47532
following:	47533

(1) The name of the owner and all inhabitants of each home;

47534

(2) The ages of all inhabitants of each home;

47535

(3) The permanent and temporary post office addresses of all	47536
inhabitants of each home;	47537

(4) The license number of each home;

47538

(5) The state issuing each such license;

47539

(6) The date of arrival and of departure of each home;

47540

(7) The make and model of each home, if known and if either	47541
of the following applies:	47542

(a) The home enters the court, park, or property on or after	47543
January 1, 2003.	47544

(b) Ownership of the home in the court or park, or on the	47545
property, is transferred on or after January 1, 2003.	47546

(B) The register shall be open to inspection by the county	47547
auditor, the county treasurer, agents of the auditor or treasurer,	47548
and all law enforcement agencies at all times.	47549

(C) Any person who fails to comply with this section shall be	47550
fined not less than twenty-five nor more than one hundred dollars.	47551

Sec. 4503.49. (A) As used in this section, "ambulance,"	47552
"ambulette," "emergency medical service organization,"	47553
"nonemergency medical service organization," and "nontransport	47554
vehicle" have the same meanings as in section 4766.01 of the	47555
Revised Code.	47556

(B) Each private emergency medical service organization and	47557
each private nonemergency medical service organization shall apply	47558
to the registrar of motor vehicles for the registration of any	47559
ambulance, ambulette, or nontransport vehicle it owns or leases.	47560
The application shall be accompanied by a copy of the certificate	47561
of licensure issued to the organization by the ~~Ohio~~state board of	47562
emergency medical and transportation ~~board~~services and the	47563
following fees:	47564

(1) The regular license tax as prescribed under section	47565
4503.04 of the Revised Code;	47566

(2) Any local license tax levied under Chapter 4504. of the	47567
Revised Code;	47568

(3) An additional fee of seven dollars and fifty cents. The	47569
additional fee shall be for the purpose of compensating the bureau	47570
of motor vehicles for additional services required to be performed	47571
under this section and shall be transmitted by the registrar to	47572
the treasurer of state for deposit in the state bureau of motor	47573
vehicles fund created by section 4501.25 of the Revised Code.	47574

(C) On receipt of a complete application, the registrar shall	47575
issue to the applicant the appropriate certificate of registration	47576
for the vehicle and do one of the following:	47577

(1) Issue a set of license plates with a validation sticker	47578
and a set of stickers to be attached to the plates as an	47579
identification of the vehicle's classification as an ambulance,	47580
ambulette, or nontransport vehicle;	47581

(2) Issue a validation sticker alone when so required by	47582
section 4503.191 of the Revised Code.	47583

Sec. 4503.81. As used in the bus taxation proration and	47584
reciprocity agreement authorized by section 4503.80 of the Revised	47585
Code, with reference to Ohio, "administrator" means the registrar	47586
of motor vehicles.	47587

The registrar may make such exemptions from the coverage of	47588
the agreement as may be appropriate and may make such changes in	47589
methods for the reporting of any information required to be	47590
furnished to this state pursuant to the agreement as, in ~~his~~the	47591
registrar's judgment, are suitable; provided that any such	47592
exemptions or changes shall not be contrary to the purposes set	47593
forth in article I of the agreement and shall be made in order to	47594
permit the continuance of uniformity of practice among the	47595
contracting states with respect to buses. Any such exemption or	47596
change shall be made by rule adopted under Chapter 119. of the	47597
Revised Code. Unless otherwise provided in any statute withdrawing	47598
this state from participation in the agreement, the governor shall	47599
be the officer to give notice of withdrawal therefrom.	47600

The fees referred to in article IV (a) of the agreement shall	47601
include the fees provided in section 4503.04 of the Revised Code	47602
and the annual tax provided in section ~~4921.18~~4921.19 of the	47603
Revised Code. As to the state of Ohio, article V (d) shall mean	47604
that all fleets not subject to this compact shall continue to	47605
enjoy that reciprocity and those privileges extended by virtue of	47606
other provisions of the Revised Code.	47607

Nothing contained herein shall be construed so as to permit a	47608
fleet which is prorating under the laws of another state to avoid	47609
proration under this compact.	47610

The registrar of motor vehicles shall collect a fee of two	47611
dollars per bus for every bus registered under the provisions of	47612
article IV (a) for administration of the agreement, in addition to	47613
the fees provided in article IV (a).	47614

The registrar of motor vehicles shall assess the operator of	47615
buses registered under the provisions of article IV (a) the actual	47616
cost of ~~his~~the registrar's auditing the accuracy of the fees paid	47617
by the operator in accordance with article IV (a).	47618

The registrar of motor vehicles may renounce the	47619
participation of this state in the bus taxation proration and	47620
reciprocity agreement under article VI of section 4503.80 of the	47621
Revised Code, ~~if he finds~~after finding that further participation	47622
in the compact is not in the best interests of the state. The	47623
registrar shall set forth ~~his~~the registrar's reasons in writing	47624
and serve notice of intention to renounce the compact upon the	47625
owner of each registered fleet. HeThe registrar shall then	47626
certify the renunciation to the governor.	47627

Sec. 4506.01. As used in this chapter:

47628

(A) "Alcohol concentration" means the concentration of	47629
alcohol in a person's blood, breath, or urine. When expressed as a	47630
percentage, it means grams of alcohol per the following:	47631

(1) One hundred milliliters of whole blood, blood serum, or	47632
blood plasma;	47633

(2) Two hundred ten liters of breath;

47634

(3) One hundred milliliters of urine.

47635

(B) "Commercial driver's license" means a license issued in	47636
accordance with this chapter that authorizes an individual to	47637
drive a commercial motor vehicle.	47638

(C) "Commercial driver's license information system" means	47639
the information system established pursuant to the requirements of	47640
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	47641
3207-171, 49 U.S.C.A. App. 2701.	47642

(D) Except when used in section 4506.25 of the Revised Code,	47643
"commercial motor vehicle" means any motor vehicle designed or	47644
used to transport persons or property that meets any of the	47645
following qualifications:	47646

(1) Any combination of vehicles with a combined gross vehicle	47647
weight rating of twenty-six thousand one pounds or more, provided	47648
the gross vehicle weight rating of the vehicle or vehicles being	47649
towed is in excess of ten thousand pounds;	47650

(2) Any single vehicle with a gross vehicle weight rating of	47651
twenty-six thousand one pounds or more, or any such vehicle towing	47652
a vehicle having a gross vehicle weight rating that is not in	47653
excess of ten thousand pounds;	47654

(3) Any single vehicle or combination of vehicles that is not	47655
a class A or class B vehicle, but is designed to transport sixteen	47656
or more passengers including the driver;	47657

(4) Any school bus with a gross vehicle weight rating of less	47658
than twenty-six thousand one pounds that is designed to transport	47659
fewer than sixteen passengers including the driver;	47660

(5) Is transporting hazardous materials for which placarding	47661
is required under subpart F of 49 C.F.R. part 172, as amended;	47662

(6) Any single vehicle or combination of vehicles that is	47663
designed to be operated and to travel on a public street or	47664
highway and is considered by the federal motor carrier safety	47665
administration to be a commercial motor vehicle, including, but	47666
not limited to, a motorized crane, a vehicle whose function is to	47667
pump cement, a rig for drilling wells, and a portable crane.	47668

(E) "Controlled substance" means all of the following:

47669

(1) Any substance classified as a controlled substance under	47670
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	47671
802(6), as amended;	47672

(2) Any substance included in schedules I through V of 21	47673
C.F.R. part 1308, as amended;	47674

(3) Any drug of abuse.

47675

(F) "Conviction" means an unvacated adjudication of guilt or	47676
a determination that a person has violated or failed to comply	47677
with the law in a court of original jurisdiction or an authorized	47678
administrative tribunal, an unvacated forfeiture of bail or	47679
collateral deposited to secure the person's appearance in court, a	47680
plea of guilty or nolo contendere accepted by the court, the	47681
payment of a fine or court cost, or violation of a condition of	47682
release without bail, regardless of whether or not the penalty is	47683
rebated, suspended, or probated.	47684

(G) "Disqualification" means any of the following:

47685

(1) The suspension, revocation, or cancellation of a person's	47686
privileges to operate a commercial motor vehicle;	47687

(2) Any withdrawal of a person's privileges to operate a	47688
commercial motor vehicle as the result of a violation of state or	47689
local law relating to motor vehicle traffic control other than	47690
parking, vehicle weight, or vehicle defect violations;	47691

(3) A determination by the federal motor carrier safety	47692
administration that a person is not qualified to operate a	47693
commercial motor vehicle under 49 C.F.R. 391.	47694

(H) "Downgrade" means any of the following, as applicable:

47695

(1) A change in the commercial driver's license holder's	47696
self-certified status as described in division (A)(2) of section	47697
4506.10 of the Revised Code;	47698

(2) A change to a lesser class of vehicle;

47699

(3) Removal of commercial driver's license privileges from	47700
the individual's driver's license.	47701

(I) "Drive" means to drive, operate, or be in physical	47702
control of a motor vehicle.	47703

(J) "Driver" means any person who drives, operates, or is in	47704
physical control of a commercial motor vehicle or is required to	47705
have a commercial driver's license.	47706

(K) "Driver's license" means a license issued by the bureau	47707
of motor vehicles that authorizes an individual to drive.	47708

(L) "Drug of abuse" means any controlled substance, dangerous	47709
drug as defined in section 4729.01 of the Revised Code, or	47710
over-the-counter medication that, when taken in quantities	47711
exceeding the recommended dosage, can result in impairment of	47712
judgment or reflexes.	47713

(M) "Electronic device" includes a cellular telephone, a	47714
personal digital assistant, a pager, a computer, and any other	47715
device used to input, write, send, receive, or read text.	47716

(N) "Eligible unit of local government" means a village,	47717
township, or county that has a population of not more than three	47718
thousand persons according to the most recent federal census.	47719

(O) "Employer" means any person, including the federal	47720
government, any state, and a political subdivision of any state,	47721
that owns or leases a commercial motor vehicle or assigns a person	47722
to drive such a motor vehicle.	47723

(P) "Endorsement" means an authorization on a person's	47724
commercial driver's license that is required to permit the person	47725
to operate a specified type of commercial motor vehicle.	47726

(Q) "Farm truck" means a truck controlled and operated by a	47727
farmer for use in the transportation to or from a farm, for a	47728
distance of not more than one hundred fifty miles, of products of	47729
the farm, including livestock and its products, poultry and its	47730
products, floricultural and horticultural products, and in the	47731
transportation to the farm, from a distance of not more than one	47732
hundred fifty miles, of supplies for the farm, including tile,	47733
fence, and every other thing or commodity used in agricultural,	47734
floricultural, horticultural, livestock, and poultry production,	47735
and livestock, poultry, and other animals and things used for	47736
breeding, feeding, or other purposes connected with the operation	47737
of the farm, when the truck is operated in accordance with this	47738
division and is not used in the operations of a ~~motor~~	47739
~~transportation company or private~~ motor carrier, as defined in	47740
section 4923.01 of the Revised Code.	47741

(R) "Fatality" means the death of a person as the result of a	47742
motor vehicle accident occurring not more than three hundred	47743
sixty-five days prior to the date of death.	47744

(S) "Felony" means any offense under federal or state law	47745
that is punishable by death or specifically classified as a felony	47746
under the law of this state, regardless of the penalty that may be	47747
imposed.	47748

(T) "Foreign jurisdiction" means any jurisdiction other than	47749
a state.	47750

(U) "Gross vehicle weight rating" means the value specified	47751
by the manufacturer as the maximum loaded weight of a single or a	47752
combination vehicle. The gross vehicle weight rating of a	47753
combination vehicle is the gross vehicle weight rating of the	47754
power unit plus the gross vehicle weight rating of each towed	47755
unit.	47756

(V) "Hazardous materials" means any material that has been	47757
designated as hazardous under 49 U.S.C. 5103 and is required to be	47758
placarded under subpart F of 49 C.F.R. part 172 or any quantity of	47759
a material listed as a select agent or toxin in 42 C.F.R. part 73,	47760
as amended.	47761

(W) "Imminent hazard" means the existence of a condition that	47762
presents a substantial likelihood that death, serious illness,	47763
severe personal injury, or a substantial endangerment to health,	47764
property, or the environment may occur before the reasonably	47765
foreseeable completion date of a formal proceeding begun to lessen	47766
the risk of that death, illness, injury, or endangerment.	47767

(X) "Medical variance" means one of the following received by	47768
a driver from the federal motor carrier safety administration that	47769
allows the driver to be issued a medical certificate:	47770

(1) An exemption letter permitting operation of a commercial	47771
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;	47772

(2) A skill performance evaluation certificate permitting	47773
operation of a commercial motor vehicle pursuant to 49 C.F.R.	47774
391.49.	47775

(Y) "Motor vehicle" means a vehicle, machine, tractor,	47776
trailer, or semitrailer propelled or drawn by mechanical power	47777
used on highways, except that such term does not include a	47778
vehicle, machine, tractor, trailer, or semitrailer operated	47779
exclusively on a rail.	47780

(Z) "Out-of-service order" means a declaration by an	47781
authorized enforcement officer of a federal, state, local,	47782
Canadian, or Mexican jurisdiction declaring that a driver,	47783
commercial motor vehicle, or commercial motor carrier operation is	47784
out of service as defined in 49 C.F.R. 390.5.	47785

(AA) "Peace officer" has the same meaning as in section	47786
2935.01 of the Revised Code.	47787

(BB) "Portable tank" means a liquid or gaseous packaging	47788
designed primarily to be loaded onto or temporarily attached to a	47789
vehicle and equipped with skids, mountings, or accessories to	47790
facilitate handling of the tank by mechanical means.	47791

(CC) "Public safety vehicle" has the same meaning as in	47792
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	47793

(DD) "Recreational vehicle" includes every vehicle that is	47794
defined as a recreational vehicle in section 4501.01 of the	47795
Revised Code and is used exclusively for purposes other than	47796
engaging in business for profit.	47797

(EE) "Residence" means any person's residence determined in	47798
accordance with standards prescribed in rules adopted by the	47799
registrar.	47800

(FF) "School bus" has the same meaning as in section 4511.01	47801
of the Revised Code.	47802

(GG) "Serious traffic violation" means any of the following:

47803

(1) A conviction arising from a single charge of operating a	47804
commercial motor vehicle in violation of any provision of section	47805
4506.03 of the Revised Code;	47806

(2) A violation while operating a commercial motor vehicle of	47807
a law of this state, or any municipal ordinance or county or	47808
township resolution prohibiting texting while driving, or any	47809
other substantially similar law of another state or political	47810
subdivision of another state;	47811

(3) A conviction arising from the operation of any motor	47812
vehicle that involves any of the following:	47813

(a) A single charge of any speed in excess of the posted	47814
speed limit by fifteen miles per hour or more;	47815

(b) Violation of section 4511.20 or 4511.201 of the Revised	47816
Code or any similar ordinance or resolution, or of any similar law	47817
of another state or political subdivision of another state;	47818

(c) Violation of a law of this state or an ordinance or	47819
resolution relating to traffic control, other than a parking	47820
violation, or of any similar law of another state or political	47821
subdivision of another state, that results in a fatal accident;	47822

(d) Violation of section 4506.03 of the Revised Code or a	47823
substantially similar municipal ordinance or county or township	47824
resolution, or of any similar law of another state or political	47825
subdivision of another state, that involves the operation of a	47826
commercial motor vehicle without a valid commercial driver's	47827
license with the proper class or endorsement for the specific	47828
vehicle group being operated or for the passengers or type of	47829
cargo being transported;	47830

(e) Violation of section 4506.03 of the Revised Code or a	47831
substantially similar municipal ordinance or county or township	47832
resolution, or of any similar law of another state or political	47833
subdivision of another state, that involves the operation of a	47834
commercial motor vehicle without a valid commercial driver's	47835
license being in the person's possession;	47836

(f) Violation of section 4511.33 or 4511.34 of the Revised	47837
Code, or any municipal ordinance or county or township resolution	47838
substantially similar to either of those sections, or any	47839
substantially similar law of another state or political	47840
subdivision of another state;	47841

(g) Violation of any other law of this state or an ordinance	47842
or resolution relating to traffic control, other than a parking	47843
violation, that is determined to be a serious traffic violation by	47844
the United States secretary of transportation and the director	47845
designates as such by rule.	47846

(HH) "State" means a state of the United States and includes	47847
the District of Columbia.	47848

(II) "Tank vehicle" means any commercial motor vehicle that	47849
is designed to transport any liquid and has a maximum capacity	47850
greater than one hundred nineteen gallons or is designed to	47851
transport gaseous materials and has a water capacity greater than	47852
one thousand pounds within a tank that is either permanently or	47853
temporarily attached to the vehicle or its chassis. "Tank vehicle"	47854
does not include any of the following:	47855

(1) Any portable tank having a rated capacity of less than	47856
one thousand gallons;	47857

(2) Tanks used exclusively as a fuel tank for the motor	47858
vehicle to which it is attached;	47859

(3) An empty storage container tank that is not designed for	47860
transportation and that is readily distinguishable from a	47861
transportation tank;	47862

(4) Ready-mix concrete mixers.

47863

(JJ) "Tester" means a person or entity acting pursuant to a	47864
valid agreement entered into pursuant to division (B) of section	47865
4506.09 of the Revised Code.	47866

(KK) "Texting" means manually entering alphanumeric text	47867
into, or reading text from, an electronic device. Texting includes	47868
short message service, e-mail, instant messaging, a command or	47869
request to access a world wide web page, or engaging in any other	47870
form of electronic text retrieval or entry, for present or future	47871
communication. Texting does not include the following:	47872

(1) Reading, selecting, or entering a telephone number, an	47873
extension number, or voicemail retrieval codes and commands into	47874
an electronic device for the purpose of initiating or receiving a	47875
telephone call or using voice commands to initiate or receive a	47876
telephone call;	47877

(2) Inputting, selecting, or reading information on a global	47878
positioning system or navigation system.	47879

(LL) "Texting while driving" means texting while operating a	47880
commercial motor vehicle, with the motor running, including while	47881
temporarily stationary because of traffic, a traffic control	47882
device, or other momentary delays, but does not include operating	47883
a commercial motor vehicle with or without the motor running when	47884
the driver has moved the vehicle to the side of, or off, a highway	47885
and is stopped in a location where the vehicle can safely remain	47886
stationary.	47887

(MM) "United States" means the fifty states and the District	47888
of Columbia.	47889

(NN) "Upgrade" means a change in the class of vehicles,	47890
endorsements, or self-certified status as described in division	47891
(A)(2) of section 4506.10 of the Revised Code, that expands the	47892
ability of a current commercial driver's license holder to operate	47893
commercial motor vehicles under this chapter;	47894

(OO) "Vehicle" has the same meaning as in section 4511.01 of	47895
the Revised Code.	47896

Sec. 4506.03. (A) Except as provided in divisions (B) and	47897
(C) of this section, the following shall apply:	47898

(1) No person shall drive a commercial motor vehicle on a	47899
highway in this state unless the person holds, and has in the	47900
person's possession, a valid commercial driver's license with	47901
proper endorsements for the motor vehicle being driven, issued by	47902
the registrar of motor vehicles, a valid examiner's commercial	47903
driving permit issued under section 4506.13 of the Revised Code, a	47904
valid restricted commercial driver's license and waiver for	47905
farm-related service industries issued under section 4506.24 of	47906
the Revised Code, or a valid commercial driver's license temporary	47907
instruction permit issued by the registrar and is accompanied by	47908
an authorized state driver's license examiner or tester or a	47909
person who has been issued and has in the person's immediate	47910
possession a current, valid commercial driver's license with	47911
proper endorsements for the motor vehicle being driven.	47912

(2) No person shall be issued a commercial driver's license	47913
until the person surrenders to the registrar of motor vehicles all	47914
valid licenses issued to the person by another jurisdiction	47915
recognized by this state. The registrar shall report the surrender	47916
of a license to the issuing authority, together with information	47917
that a license is now issued in this state. The registrar shall	47918
destroy any such license that is not returned to the issuing	47919
authority.	47920

(3) No person who has been a resident of this state for	47921
thirty days or longer shall drive a commercial motor vehicle under	47922
the authority of a commercial driver's license issued by another	47923
jurisdiction.	47924

(B) Nothing in division (A) of this section applies to any	47925
qualified person when engaged in the operation of any of the	47926
following:	47927

(1) A farm truck;

47928

(2) Fire equipment for a fire department, volunteer or	47929
nonvolunteer fire company, fire district, or joint fire district;	47930

(3) A public safety vehicle used to provide transportation or	47931
emergency medical service for ill or injured persons;	47932

(4) A recreational vehicle;

47933

(5) A commercial motor vehicle within the boundaries of an	47934
eligible unit of local government, if the person is employed by	47935
the eligible unit of local government and is operating the	47936
commercial motor vehicle for the purpose of removing snow or ice	47937
from a roadway by plowing, sanding, or salting, but only if either	47938
the employee who holds a commercial driver's license issued under	47939
this chapter and ordinarily operates a commercial motor vehicle	47940
for these purposes is unable to operate the vehicle, or the	47941
employing eligible unit of local government determines that a snow	47942
or ice emergency exists that requires additional assistance;	47943

(6) A vehicle operated for military purposes by any member or	47944
uniformed employee of the armed forces of the United States or	47945
their reserve components, including the Ohio national guard. This	47946
exception does not apply to United States reserve technicians.	47947

(7) A commercial motor vehicle that is operated for	47948
nonbusiness purposes. "Operated for nonbusiness purposes" means	47949
that the commercial motor vehicle is not used in commerce as	47950
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	47951
regulated by the public utilities commission pursuant to Chapter	47952
~~4919~~4905., 4921., or 4923. of the Revised Code.	47953

(8) A motor vehicle that is designed primarily for the	47954
transportation of goods and not persons, while that motor vehicle	47955
is being used for the occasional transportation of personal	47956
property by individuals not for compensation and not in the	47957
furtherance of a commercial enterprise;	47958

(9) A police SWAT team vehicle;

47959

(10) A police vehicle used to transport prisoners.

47960

(C) Nothing contained in division (B)(5) of this section	47961
shall be construed as preempting or superseding any law, rule, or	47962
regulation of this state concerning the safe operation of	47963
commercial motor vehicles.	47964

(D) Whoever violates this section is guilty of a misdemeanor	47965
of the first degree.	47966

Sec. 4506.22. (A) The director of public safety and the	47967
registrar of motor vehicles, subject to approval by the director,	47968
may, in accordance with Chapter 119. of the Revised Code, adopt	47969
any rules necessary to carry out this chapter.	47970

(B) The department of public safety may do all of the	47971
following:	47972

(1) Enter into or make any agreements, arrangements, or	47973
declarations necessary to carry out this chapter;	47974

(2) Charge a fee for all publications that is equal to the	47975
cost of printing the publications.	47976

(C) Nothing in this chapter shall be construed to restrict	47977
the authority of the public utilities commission specified in	47978
Chapters 4905., 4921., and 4923. of the Revised Code regarding	47979
safety rules applicable to motor carriers.	47980

Sec. 4506.25. (A) As used in this section, "commercial motor	47981
vehicle" means any self-propelled or towed vehicle used on public	47982
highways in intrastate or interstate commerce to transport	47983
passengers or property that meets any of the following	47984
specifications:	47985

(1) The vehicle has a gross vehicle weight rating or gross	47986
combination weight rating of ten thousand one pounds or more.	47987

(2) The vehicle is designed to transport sixteen or more	47988
passengers, including the driver.	47989

(3) The vehicle is used in the transportation of hazardous	47990
materials in a quantity requiring placarding under the regulations	47991
issued by the United States secretary of transportation under the	47992
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	47993
U.S.C.A. 1801, as amended.	47994

(B) The registrar of motor vehicles shall disqualify any	47995
person from operating a commercial motor vehicle who receives a	47996
notice of a conviction for violation of an out-of-service order	47997
issued under rules of the public utilities commission adopted	47998
pursuant to ~~section 4919.79, 4921.04~~Chapter 4905., 4921., or	47999
~~4923.20~~4923. of the Revised Code, or a conviction for a violation	48000
of the same or similar laws of another state or jurisdiction	48001
applicable to vehicles in regulated commerce.	48002

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	48003
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	48004
and "highways" have the same meanings as in section 4501.01 of the	48005
Revised Code.	48006

"Driver's license" means a class D license issued to any	48007
person to operate a motor vehicle or motor-driven cycle, other	48008
than a commercial motor vehicle, and includes "probationary	48009
license," "restricted license," and any operator's or chauffeur's	48010
license issued before January 1, 1990.	48011

"Probationary license" means the license issued to any person	48012
between sixteen and eighteen years of age to operate a motor	48013
vehicle.	48014

"Restricted license" means the license issued to any person	48015
to operate a motor vehicle subject to conditions or restrictions	48016
imposed by the registrar of motor vehicles.	48017

"Commercial driver's license" means the license issued to a	48018
person under Chapter 4506. of the Revised Code to operate a	48019
commercial motor vehicle.	48020

"Commercial motor vehicle" has the same meaning as in section	48021
4506.01 of the Revised Code.	48022

"Motorized bicycle license" means the license issued under	48023
section 4511.521 of the Revised Code to any person to operate a	48024
motorized bicycle including a "probationary motorized bicycle	48025
license."	48026

"Probationary motorized bicycle license" means the license	48027
issued under section 4511.521 of the Revised Code to any person	48028
between fourteen and sixteen years of age to operate a motorized	48029
bicycle.	48030

"Identification card" means a card issued under sections	48031
4507.50 and 4507.51 of the Revised Code.	48032

"Resident" means a person who, in accordance with standards	48033
prescribed in rules adopted by the registrar, resides in this	48034
state on a permanent basis.	48035

"Temporary resident" means a person who, in accordance with	48036
standards prescribed in rules adopted by the registrar, resides in	48037
this state on a temporary basis.	48038

(B) In the administration of this chapter and Chapter 4506.	48039
of the Revised Code, the registrar has the same authority as is	48040
conferred on the registrar by section 4501.02 of the Revised Code.	48041
Any act of an authorized deputy registrar of motor vehicles under	48042
direction of the registrar is deemed the act of the registrar.	48043

To carry out this chapter, the registrar shall appoint such	48044
deputy registrars in each county as are necessary.	48045

The registrar also shall provide at each place where an	48046
application for a driver's or commercial driver's license or	48047
identification card may be made the necessary equipment to take a	48048
color photograph of the applicant for such license or card as	48049
required under section 4506.11 or 4507.06 of the Revised Code, and	48050
to conduct the vision screenings required by section 4507.12 of	48051
the Revised Code, and equipment to laminate licenses, motorized	48052
bicycle licenses, and identification cards as required by sections	48053
4507.13, 4507.52, and 4511.521 of the Revised Code.	48054

The registrar shall assign one or more deputy registrars to	48055
any driver's license examining station operated under the	48056
supervision of the ~~state highway patrol~~director of public safety,	48057
whenever the registrar considers such assignment possible. Space	48058
shall be provided in the driver's license examining station for	48059
any such deputy registrar so assigned. The deputy registrars shall	48060
not exercise the powers conferred by such sections upon the	48061
registrar, unless they are specifically authorized to exercise	48062
such powers by such sections.	48063

(C) No agent for any insurance company, writing automobile	48064
insurance, shall be appointed deputy registrar, and any such	48065
appointment is void. No deputy registrar shall in any manner	48066
solicit any form of automobile insurance, nor in any manner	48067
advise, suggest, or influence any licensee or applicant for	48068
license for or against any kind or type of automobile insurance,	48069
insurance company, or agent, nor have the deputy registrar's	48070
office directly connected with the office of any automobile	48071
insurance agent, nor impart any information furnished by any	48072
applicant for a license or identification card to any person,	48073
except the registrar. This division shall not apply to any	48074
nonprofit corporation appointed deputy registrar.	48075

(D) The registrar shall immediately remove a deputy registrar	48076
who violates the requirements of this chapter.	48077

(E) The registrar shall periodically solicit bids and enter	48078
into a contract for the provision of laminating equipment and	48079
laminating materials to the registrar and all deputy registrars.	48080
The registrar shall not consider any bid that does not provide for	48081
the supplying of both laminating equipment and laminating	48082
materials. The laminating materials selected shall contain a	48083
security feature so that any tampering with the laminating	48084
material covering a license or identification card is readily	48085
apparent. In soliciting bids and entering into a contract for the	48086
provision of laminating equipment and laminating materials, the	48087
registrar shall observe all procedures required by law.	48088

Sec. 4507.011. (A) Each deputy registrar assigned to a	48089
driver's license examining station by the registrar of motor	48090
vehicles as provided in section 4507.01 of the Revised Code shall	48091
remit to the ~~superintendent~~director of ~~the state highway patrol~~	48092
public safety a rental fee equal to the percentage of space	48093
occupied by the deputy registrar in the driver's license examining	48094
station multiplied by the rental fee paid for the entire driver's	48095
license examining station plus a pro rata share of all utility	48096
costs. All such moneys received by the ~~superintendent~~director	48097
shall be deposited in the state treasury to the credit of the	48098
registrar rental fund, which is hereby created. The moneys in the	48099
fund shall be used by the ~~state highway patrol~~department of	48100
public safety only to pay the rent and expenses of the driver's	48101
license examining stations. All investment earnings of the fund	48102
shall be credited to the fund.	48103

(B) Each deputy registrar assigned to a bureau of motor	48104
vehicles' location shall reimburse the registrar a monthly	48105
building rental fee, including applicable utility charges. All	48106
such moneys received by the registrar shall be deposited into the	48107
state bureau of motor vehicles fund created in section 4501.25 of	48108
the Revised Code.	48109

Sec. 4507.12. (A) Except as provided in division (C) of	48110
section 4507.10 of the Revised Code, each person applying for the	48111
renewal of a driver's license shall submit to a screening of the	48112
person's vision before the license may be renewed. The vision	48113
screening shall be conducted at the office of the deputy registrar	48114
receiving the application for license renewal.	48115

(B) When the results of a vision screening given under	48116
division (A) of this section indicate that the vision of the	48117
person examined meets the standards required for licensing, the	48118
deputy registrar may renew the person's driver's license at that	48119
time.	48120

(C) When the results of a vision screening given under	48121
division (A) of this section indicate that the vision of the	48122
person screened may not meet the standards required for licensing,	48123
the deputy registrar shall not renew the person's driver's license	48124
at that time but shall refer the person to a driver's license	48125
examiner appointed by the ~~superintendent~~director of ~~the state~~	48126
~~highway patrol~~public safety under section ~~5503.21~~5502.05 of the	48127
Revised Code for a further examination of the person's vision.	48128
When a person referred to a driver's license examiner by a deputy	48129
registrar does not meet the vision standards required for	48130
licensing, the driver's license examiner shall retain the person's	48131
operator's or chauffeur's license and shall immediately notify the	48132
registrar of motor vehicles of that fact. No driver's license	48133
shall be issued to any such person, until the person's vision is	48134
corrected to meet the standards required for licensing and the	48135
person passes the vision screening required by this section. Any	48136
person who operates a motor vehicle on a highway, or on any public	48137
or private property used by the public for purposes of vehicular	48138
travel or parking, during the time the person's driver's license	48139
is held by a driver's license examiner under this division, shall	48140
be deemed to be operating a motor vehicle in violation of division	48141
(A) of section 4510.12 of the Revised Code.	48142

(D) The registrar shall adopt rules and shall provide any	48143
forms necessary to properly conduct vision screenings at the	48144
office of a deputy registrar.	48145

(E) No person conducting vision screenings under this section	48146
shall be personally liable for damages for injury or loss to	48147
persons or property and for death caused by the operation of a	48148
motor vehicle by any person whose driver's license was renewed by	48149
the deputy registrar under division (B) of this section.	48150

Sec. 4507.51. (A)(1) Every application for an identification	48151
card or duplicate shall be made on a form furnished by the	48152
registrar of motor vehicles, shall be signed by the applicant, and	48153
by the applicant's parent or guardian if the applicant is under	48154
eighteen years of age, and shall contain the following information	48155
pertaining to the applicant: name, date of birth, sex, general	48156
description including the applicant's height, weight, hair color,	48157
and eye color, address, and social security number. The	48158
application also shall state whether an applicant wishes to	48159
certify willingness to make an anatomical gift under section	48160
2108.05 of the Revised Code and shall include information about	48161
the requirements of sections 2108.01 to 2108.29 of the Revised	48162
Code that apply to persons who are less than eighteen years of	48163
age. The statement regarding willingness to make such a donation	48164
shall be given no consideration in the decision of whether to	48165
issue an identification card. Each applicant shall be photographed	48166
in color at the time of making application.	48167

(2)(a) The application also shall state whether the applicant	48168
has executed a valid durable power of attorney for health care	48169
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	48170
executed a declaration governing the use or continuation, or the	48171
withholding or withdrawal, of life-sustaining treatment pursuant	48172
to sections 2133.01 to 2133.15 of the Revised Code and, if the	48173
applicant has executed either type of instrument, whether the	48174
applicant wishes the identification card issued to indicate that	48175
the applicant has executed the instrument.	48176

(b) On and after October 7, 2009, the application also shall	48177
state whether the applicant is a veteran, active duty, or	48178
reservist of the armed forces of the United States and, if the	48179
applicant is such, whether the applicant wishes the identification	48180
card issued to indicate that the applicant is a veteran, active	48181
duty, or reservist of the armed forces of the United States by a	48182
military designation on the identification card.	48183

(3) The registrar or deputy registrar, in accordance with	48184
section 3503.11 of the Revised Code, shall register as an elector	48185
any person who applies for an identification card or duplicate if	48186
the applicant is eligible and wishes to be registered as an	48187
elector. The decision of an applicant whether to register as an	48188
elector shall be given no consideration in the decision of whether	48189
to issue the applicant an identification card or duplicate.	48190

(B) The application for an identification card or duplicate	48191
shall be filed in the office of the registrar or deputy registrar.	48192
Each applicant shall present documentary evidence as required by	48193
the registrar of the applicant's age and identity, and the	48194
applicant shall swear that all information given is true. An	48195
identification card issued by the department of rehabilitation and	48196
correction under section 5120.59 of the Revised Code or an	48197
identification card issued by the department of youth services	48198
under section 5139.511 of the Revised Code shall be sufficient	48199
documentary evidence under this division upon verification of the	48200
applicant's social security number by the registrar or a deputy	48201
registrar. Upon issuing an identification card under this section	48202
for a person who has been issued an identification card under	48203
section 5120.59 or section 5139.511 of the Revised Code, the	48204
registrar or deputy registrar shall destroy the identification	48205
card issued under section 5120.59 or section 5139.511 of the	48206
Revised Code.	48207

All applications for an identification card or duplicate	48208
shall be filed in duplicate, and if submitted to a deputy	48209
registrar, a copy shall be forwarded to the registrar. The	48210
registrar shall prescribe rules for the manner in which a deputy	48211
registrar is to file and maintain applications and other records.	48212
The registrar shall maintain a suitable, indexed record of all	48213
applications denied and cards issued or canceled.	48214

(C) In addition to any other information it contains, on and	48215
after the date that is fifteen months after ~~the effective date of~~	48216
~~this amendment~~April 7, 2009, the form furnished by the registrar	48217
of motor vehicles for an application for an identification card or	48218
duplicate shall inform applicants that the applicant must present	48219
a copy of the applicant's DD-214 or an equivalent document in	48220
order to qualify to have the card or duplicate indicate that the	48221
applicant is an honorably discharged veteran of the armed forces	48222
of the United States based on a request made pursuant to division	48223
(A)(2)(b) of this section.	48224

Sec. 4511.191. (A)(1) As used in this section:

48225

(a) "Physical control" has the same meaning as in section	48226
4511.194 of the Revised Code.	48227

(b) "Alcohol monitoring device" means any device that	48228
provides for continuous alcohol monitoring, any ignition interlock	48229
device, any immobilizing or disabling device other than an	48230
ignition interlock device that is constantly available to monitor	48231
the concentration of alcohol in a person's system, or any other	48232
device that provides for the automatic testing and periodic	48233
reporting of alcohol consumption by a person and that a court	48234
orders a person to use as a sanction imposed as a result of the	48235
person's conviction of or plea of guilty to an offense.	48236

(2) Any person who operates a vehicle, streetcar, or	48237
trackless trolley upon a highway or any public or private property	48238
used by the public for vehicular travel or parking within this	48239
state or who is in physical control of a vehicle, streetcar, or	48240
trackless trolley shall be deemed to have given consent to a	48241
chemical test or tests of the person's whole blood, blood serum or	48242
plasma, breath, or urine to determine the alcohol, drug of abuse,	48243
controlled substance, metabolite of a controlled substance, or	48244
combination content of the person's whole blood, blood serum or	48245
plasma, breath, or urine if arrested for a violation of division	48246
(A) or (B) of section 4511.19 of the Revised Code, section	48247
4511.194 of the Revised Code or a substantially equivalent	48248
municipal ordinance, or a municipal OVI ordinance.	48249

(3) The chemical test or tests under division (A)(2) of this	48250
section shall be administered at the request of a law enforcement	48251
officer having reasonable grounds to believe the person was	48252
operating or in physical control of a vehicle, streetcar, or	48253
trackless trolley in violation of a division, section, or	48254
ordinance identified in division (A)(2) of this section. The law	48255
enforcement agency by which the officer is employed shall	48256
designate which of the tests shall be administered.	48257

(4) Any person who is dead or unconscious, or who otherwise	48258
is in a condition rendering the person incapable of refusal, shall	48259
be deemed to have consented as provided in division (A)(2) of this	48260
section, and the test or tests may be administered, subject to	48261
sections 313.12 to 313.16 of the Revised Code.	48262

(5)(a) If a law enforcement officer arrests a person for a	48263
violation of division (A) or (B) of section 4511.19 of the Revised	48264
Code, section 4511.194 of the Revised Code or a substantially	48265
equivalent municipal ordinance, or a municipal OVI ordinance and	48266
if the person if convicted would be required to be sentenced under	48267
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	48268
Code, the law enforcement officer shall request the person to	48269
submit, and the person shall submit, to a chemical test or tests	48270
of the person's whole blood, blood serum or plasma, breath, or	48271
urine for the purpose of determining the alcohol, drug of abuse,	48272
controlled substance, metabolite of a controlled substance, or	48273
combination content of the person's whole blood, blood serum or	48274
plasma, breath, or urine. A law enforcement officer who makes a	48275
request pursuant to this division that a person submit to a	48276
chemical test or tests is not required to advise the person of the	48277
consequences of submitting to, or refusing to submit to, the test	48278
or tests and is not required to give the person the form described	48279
in division (B) of section 4511.192 of the Revised Code, but the	48280
officer shall advise the person at the time of the arrest that if	48281
the person refuses to take a chemical test the officer may employ	48282
whatever reasonable means are necessary to ensure that the person	48283
submits to a chemical test of the person's whole blood or blood	48284
serum or plasma. The officer shall also advise the person at the	48285
time of the arrest that the person may have an independent	48286
chemical test taken at the person's own expense. Divisions (A)(3)	48287
and (4) of this section apply to the administration of a chemical	48288
test or tests pursuant to this division.	48289

(b) If a person refuses to submit to a chemical test upon a	48290
request made pursuant to division (A)(5)(a) of this section, the	48291
law enforcement officer who made the request may employ whatever	48292
reasonable means are necessary to ensure that the person submits	48293
to a chemical test of the person's whole blood or blood serum or	48294
plasma. A law enforcement officer who acts pursuant to this	48295
division to ensure that a person submits to a chemical test of the	48296
person's whole blood or blood serum or plasma is immune from	48297
criminal and civil liability based upon a claim for assault and	48298
battery or any other claim for the acts, unless the officer so	48299
acted with malicious purpose, in bad faith, or in a wanton or	48300
reckless manner.	48301

(B)(1) Upon receipt of the sworn report of a law enforcement	48302
officer who arrested a person for a violation of division (A) or	48303
(B) of section 4511.19 of the Revised Code, section 4511.194 of	48304
the Revised Code or a substantially equivalent municipal	48305
ordinance, or a municipal OVI ordinance that was completed and	48306
sent to the registrar of motor vehicles and a court pursuant to	48307
section 4511.192 of the Revised Code in regard to a person who	48308
refused to take the designated chemical test, the registrar shall	48309
enter into the registrar's records the fact that the person's	48310
driver's or commercial driver's license or permit or nonresident	48311
operating privilege was suspended by the arresting officer under	48312
this division and that section and the period of the suspension,	48313
as determined under this section. The suspension shall be subject	48314
to appeal as provided in section 4511.197 of the Revised Code. The	48315
suspension shall be for whichever of the following periods	48316
applies:	48317

(a) Except when division (B)(1)(b), (c), or (d) of this	48318
section applies and specifies a different class or length of	48319
suspension, the suspension shall be a class C suspension for the	48320
period of time specified in division (B)(3) of section 4510.02 of	48321
the Revised Code.	48322

(b) If the arrested person, within six years of the date on	48323
which the person refused the request to consent to the chemical	48324
test, had refused one previous request to consent to a chemical	48325
test or had been convicted of or pleaded guilty to one violation	48326
of division (A) or (B) of section 4511.19 of the Revised Code or	48327
one other equivalent offense, the suspension shall be a class B	48328
suspension imposed for the period of time specified in division	48329
(B)(2) of section 4510.02 of the Revised Code.	48330

(c) If the arrested person, within six years of the date on	48331
which the person refused the request to consent to the chemical	48332
test, had refused two previous requests to consent to a chemical	48333
test, had been convicted of or pleaded guilty to two violations of	48334
division (A) or (B) of section 4511.19 of the Revised Code or	48335
other equivalent offenses, or had refused one previous request to	48336
consent to a chemical test and also had been convicted of or	48337
pleaded guilty to one violation of division (A) or (B) of section	48338
4511.19 of the Revised Code or other equivalent offenses, which	48339
violation or offense arose from an incident other than the	48340
incident that led to the refusal, the suspension shall be a class	48341
A suspension imposed for the period of time specified in division	48342
(B)(1) of section 4510.02 of the Revised Code.	48343

(d) If the arrested person, within six years of the date on	48344
which the person refused the request to consent to the chemical	48345
test, had refused three or more previous requests to consent to a	48346
chemical test, had been convicted of or pleaded guilty to three or	48347
more violations of division (A) or (B) of section 4511.19 of the	48348
Revised Code or other equivalent offenses, or had refused a number	48349
of previous requests to consent to a chemical test and also had	48350
been convicted of or pleaded guilty to a number of violations of	48351
division (A) or (B) of section 4511.19 of the Revised Code or	48352
other equivalent offenses that cumulatively total three or more	48353
such refusals, convictions, and guilty pleas, the suspension shall	48354
be for five years.	48355

(2) The registrar shall terminate a suspension of the	48356
driver's or commercial driver's license or permit of a resident or	48357
of the operating privilege of a nonresident, or a denial of a	48358
driver's or commercial driver's license or permit, imposed	48359
pursuant to division (B)(1) of this section upon receipt of notice	48360
that the person has entered a plea of guilty to, or that the	48361
person has been convicted after entering a plea of no contest to,	48362
operating a vehicle in violation of section 4511.19 of the Revised	48363
Code or in violation of a municipal OVI ordinance, if the offense	48364
for which the conviction is had or the plea is entered arose from	48365
the same incident that led to the suspension or denial.	48366

The registrar shall credit against any judicial suspension of	48367
a person's driver's or commercial driver's license or permit or	48368
nonresident operating privilege imposed pursuant to section	48369
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	48370
Revised Code for a violation of a municipal OVI ordinance, any	48371
time during which the person serves a related suspension imposed	48372
pursuant to division (B)(1) of this section.	48373

(C)(1) Upon receipt of the sworn report of the law	48374
enforcement officer who arrested a person for a violation of	48375
division (A) or (B) of section 4511.19 of the Revised Code or a	48376
municipal OVI ordinance that was completed and sent to the	48377
registrar and a court pursuant to section 4511.192 of the Revised	48378
Code in regard to a person whose test results indicate that the	48379
person's whole blood, blood serum or plasma, breath, or urine	48380
contained at least the concentration of alcohol specified in	48381
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	48382
Revised Code or at least the concentration of a listed controlled	48383
substance or a listed metabolite of a controlled substance	48384
specified in division (A)(1)(j) of section 4511.19 of the Revised	48385
Code, the registrar shall enter into the registrar's records the	48386
fact that the person's driver's or commercial driver's license or	48387
permit or nonresident operating privilege was suspended by the	48388
arresting officer under this division and section 4511.192 of the	48389
Revised Code and the period of the suspension, as determined under	48390
divisions (C)(1)(a) to (d) of this section. The suspension shall	48391
be subject to appeal as provided in section 4511.197 of the	48392
Revised Code. The suspension described in this division does not	48393
apply to, and shall not be imposed upon, a person arrested for a	48394
violation of section 4511.194 of the Revised Code or a	48395
substantially equivalent municipal ordinance who submits to a	48396
designated chemical test. The suspension shall be for whichever of	48397
the following periods applies:	48398

(a) Except when division (C)(1)(b), (c), or (d) of this	48399
section applies and specifies a different period, the suspension	48400
shall be a class E suspension imposed for the period of time	48401
specified in division (B)(5) of section 4510.02 of the Revised	48402
Code.	48403

(b) The suspension shall be a class C suspension for the	48404
period of time specified in division (B)(3) of section 4510.02 of	48405
the Revised Code if the person has been convicted of or pleaded	48406
guilty to, within six years of the date the test was conducted,	48407
one violation of division (A) or (B) of section 4511.19 of the	48408
Revised Code or one other equivalent offense.	48409

(c) If, within six years of the date the test was conducted,	48410
the person has been convicted of or pleaded guilty to two	48411
violations of a statute or ordinance described in division	48412
(C)(1)(b) of this section, the suspension shall be a class B	48413
suspension imposed for the period of time specified in division	48414
(B)(2) of section 4510.02 of the Revised Code.	48415

(d) If, within six years of the date the test was conducted,	48416
the person has been convicted of or pleaded guilty to more than	48417
two violations of a statute or ordinance described in division	48418
(C)(1)(b) of this section, the suspension shall be a class A	48419
suspension imposed for the period of time specified in division	48420
(B)(1) of section 4510.02 of the Revised Code.	48421

(2) The registrar shall terminate a suspension of the	48422
driver's or commercial driver's license or permit of a resident or	48423
of the operating privilege of a nonresident, or a denial of a	48424
driver's or commercial driver's license or permit, imposed	48425
pursuant to division (C)(1) of this section upon receipt of notice	48426
that the person has entered a plea of guilty to, or that the	48427
person has been convicted after entering a plea of no contest to,	48428
operating a vehicle in violation of section 4511.19 of the Revised	48429
Code or in violation of a municipal OVI ordinance, if the offense	48430
for which the conviction is had or the plea is entered arose from	48431
the same incident that led to the suspension or denial.	48432

The registrar shall credit against any judicial suspension of	48433
a person's driver's or commercial driver's license or permit or	48434
nonresident operating privilege imposed pursuant to section	48435
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	48436
Revised Code for a violation of a municipal OVI ordinance, any	48437
time during which the person serves a related suspension imposed	48438
pursuant to division (C)(1) of this section.	48439

(D)(1) A suspension of a person's driver's or commercial	48440
driver's license or permit or nonresident operating privilege	48441
under this section for the time described in division (B) or (C)	48442
of this section is effective immediately from the time at which	48443
the arresting officer serves the notice of suspension upon the	48444
arrested person. Any subsequent finding that the person is not	48445
guilty of the charge that resulted in the person being requested	48446
to take the chemical test or tests under division (A) of this	48447
section does not affect the suspension.	48448

(2) If a person is arrested for operating a vehicle,	48449
streetcar, or trackless trolley in violation of division (A) or	48450
(B) of section 4511.19 of the Revised Code or a municipal OVI	48451
ordinance, or for being in physical control of a vehicle,	48452
streetcar, or trackless trolley in violation of section 4511.194	48453
of the Revised Code or a substantially equivalent municipal	48454
ordinance, regardless of whether the person's driver's or	48455
commercial driver's license or permit or nonresident operating	48456
privilege is or is not suspended under division (B) or (C) of this	48457
section or Chapter 4510. of the Revised Code, the person's initial	48458
appearance on the charge resulting from the arrest shall be held	48459
within five days of the person's arrest or the issuance of the	48460
citation to the person, subject to any continuance granted by the	48461
court pursuant to section 4511.197 of the Revised Code regarding	48462
the issues specified in that division.	48463

(E) When it finally has been determined under the procedures	48464
of this section and sections 4511.192 to 4511.197 of the Revised	48465
Code that a nonresident's privilege to operate a vehicle within	48466
this state has been suspended, the registrar shall give	48467
information in writing of the action taken to the motor vehicle	48468
administrator of the state of the person's residence and of any	48469
state in which the person has a license.	48470

(F) At the end of a suspension period under this section,	48471
under section 4511.194, section 4511.196, or division (G) of	48472
section 4511.19 of the Revised Code, or under section 4510.07 of	48473
the Revised Code for a violation of a municipal OVI ordinance and	48474
upon the request of the person whose driver's or commercial	48475
driver's license or permit was suspended and who is not otherwise	48476
subject to suspension, cancellation, or disqualification, the	48477
registrar shall return the driver's or commercial driver's license	48478
or permit to the person upon the occurrence of all of the	48479
conditions specified in divisions (F)(1) and (2) of this section:	48480

(1) A showing that the person has proof of financial	48481
responsibility, a policy of liability insurance in effect that	48482
meets the minimum standards set forth in section 4509.51 of the	48483
Revised Code, or proof, to the satisfaction of the registrar, that	48484
the person is able to respond in damages in an amount at least	48485
equal to the minimum amounts specified in section 4509.51 of the	48486
Revised Code.	48487

(2) Subject to the limitation contained in division (F)(3) of	48488
this section, payment by the person to the registrar or an	48489
eligible deputy registrar of a license reinstatement fee of four	48490
hundred seventy-five dollars, which fee shall be deposited in the	48491
state treasury and credited as follows:	48492

(a) One hundred twelve dollars and fifty cents shall be	48493
credited to the statewide treatment and prevention fund created by	48494
section 4301.30 of the Revised Code. Money credited to the fund	48495
under this section shall be used for purposes identified in the	48496
comprehensive statewide alcohol and drug addiction services plan	48497
developed under section 3793.04 of the Revised Code.	48498

(b) Seventy-five dollars shall be credited to the reparations	48499
fund created by section 2743.191 of the Revised Code.	48500

(c) Thirty-seven dollars and fifty cents shall be credited to	48501
the indigent drivers alcohol treatment fund, which is hereby	48502
established in the state treasury. Except as otherwise provided in	48503
division (F)(2)(c) of this section, moneys in the fund shall be	48504
distributed by the department of alcohol and drug addiction	48505
services to the county indigent drivers alcohol treatment funds,	48506
the county juvenile indigent drivers alcohol treatment funds, and	48507
the municipal indigent drivers alcohol treatment funds that are	48508
required to be established by counties and municipal corporations	48509
pursuant to division (H) of this section, and shall be used only	48510
to pay the cost of an alcohol and drug addiction treatment program	48511
attended by an offender or juvenile traffic offender who is	48512
ordered to attend an alcohol and drug addiction treatment program	48513
by a county, juvenile, or municipal court judge and who is	48514
determined by the county, juvenile, or municipal court judge not	48515
to have the means to pay for the person's attendance at the	48516
program or to pay the costs specified in division (H)(4) of this	48517
section in accordance with that division. In addition, a county,	48518
juvenile, or municipal court judge may use moneys in the county	48519
indigent drivers alcohol treatment fund, county juvenile indigent	48520
drivers alcohol treatment fund, or municipal indigent drivers	48521
alcohol treatment fund to pay for the cost of the continued use of	48522
an alcohol monitoring device as described in divisions (H)(3) and	48523
(4) of this section. Moneys in the fund that are not distributed	48524
to a county indigent drivers alcohol treatment fund, a county	48525
juvenile indigent drivers alcohol treatment fund, or a municipal	48526
indigent drivers alcohol treatment fund under division (H) of this	48527
section because the director of alcohol and drug addiction	48528
services does not have the information necessary to identify the	48529
county or municipal corporation where the offender or juvenile	48530
offender was arrested may be transferred by the director of budget	48531
and management to the statewide treatment and prevention fund	48532
created by section 4301.30 of the Revised Code, upon certification	48533
of the amount by the director of alcohol and drug addiction	48534
services.	48535

(d) Seventy-five dollars shall be credited to the Ohio	48536
rehabilitation services commission established by section 3304.12	48537
of the Revised Code, to the services for rehabilitation fund,	48538
which is hereby established. The fund shall be used to match	48539
available federal matching funds where appropriate, and for any	48540
other purpose or program of the commission to rehabilitate people	48541
with disabilities to help them become employed and independent.	48542

(e) Seventy-five dollars shall be deposited into the state	48543
treasury and credited to the drug abuse resistance education	48544
programs fund, which is hereby established, to be used by the	48545
attorney general for the purposes specified in division (F)(4) of	48546
this section.	48547

(f) Thirty dollars shall be credited to the state bureau of	48548
motor vehicles fund created by section 4501.25 of the Revised	48549
Code.	48550

(g) Twenty dollars shall be credited to the trauma and	48551
emergency medical services ~~grants~~ fund created by section 4513.263	48552
of the Revised Code.	48553

(h) Fifty dollars shall be credited to the indigent drivers	48554
interlock and alcohol monitoring fund, which is hereby established	48555
in the state treasury. Moneys in the fund shall be distributed by	48556
the department of public safety to the county indigent drivers	48557
interlock and alcohol monitoring funds, the county juvenile	48558
indigent drivers interlock and alcohol monitoring funds, and the	48559
municipal indigent drivers interlock and alcohol monitoring funds	48560
that are required to be established by counties and municipal	48561
corporations pursuant to this section, and shall be used only to	48562
pay the cost of an immobilizing or disabling device, including a	48563
certified ignition interlock device, or an alcohol monitoring	48564
device used by an offender or juvenile offender who is ordered to	48565
use the device by a county, juvenile, or municipal court judge and	48566
who is determined by the county, juvenile, or municipal court	48567
judge not to have the means to pay for the person's use of the	48568
device.	48569

(3) If a person's driver's or commercial driver's license or	48570
permit is suspended under this section, under section 4511.196 or	48571
division (G) of section 4511.19 of the Revised Code, under section	48572
4510.07 of the Revised Code for a violation of a municipal OVI	48573
ordinance or under any combination of the suspensions described in	48574
division (F)(3) of this section, and if the suspensions arise from	48575
a single incident or a single set of facts and circumstances, the	48576
person is liable for payment of, and shall be required to pay to	48577
the registrar or an eligible deputy registrar, only one	48578
reinstatement fee of four hundred seventy-five dollars. The	48579
reinstatement fee shall be distributed by the bureau in accordance	48580
with division (F)(2) of this section.	48581

(4) The attorney general shall use amounts in the drug abuse	48582
resistance education programs fund to award grants to law	48583
enforcement agencies to establish and implement drug abuse	48584
resistance education programs in public schools. Grants awarded to	48585
a law enforcement agency under this section shall be used by the	48586
agency to pay for not more than fifty per cent of the amount of	48587
the salaries of law enforcement officers who conduct drug abuse	48588
resistance education programs in public schools. The attorney	48589
general shall not use more than six per cent of the amounts the	48590
attorney general's office receives under division (F)(2)(e) of	48591
this section to pay the costs it incurs in administering the grant	48592
program established by division (F)(2)(e) of this section and in	48593
providing training and materials relating to drug abuse resistance	48594
education programs.	48595

The attorney general shall report to the governor and the	48596
general assembly each fiscal year on the progress made in	48597
establishing and implementing drug abuse resistance education	48598
programs. These reports shall include an evaluation of the	48599
effectiveness of these programs.	48600

(5) In addition to the reinstatement fee under this section,	48601
if the person pays the reinstatement fee to a deputy registrar,	48602
the deputy registrar shall collect a service fee of ten dollars to	48603
compensate the deputy registrar for services performed under this	48604
section. The deputy registrar shall retain eight dollars of the	48605
service fee and shall transmit the reinstatement fee, plus two	48606
dollars of the service fee, to the registrar in the manner the	48607
registrar shall determine.	48608

(G) Suspension of a commercial driver's license under	48609
division (B) or (C) of this section shall be concurrent with any	48610
period of disqualification under section 3123.611 or 4506.16 of	48611
the Revised Code or any period of suspension under section 3123.58	48612
of the Revised Code. No person who is disqualified for life from	48613
holding a commercial driver's license under section 4506.16 of the	48614
Revised Code shall be issued a driver's license under Chapter	48615
4507. of the Revised Code during the period for which the	48616
commercial driver's license was suspended under division (B) or	48617
(C) of this section. No person whose commercial driver's license	48618
is suspended under division (B) or (C) of this section shall be	48619
issued a driver's license under Chapter 4507. of the Revised Code	48620
during the period of the suspension.	48621

(H)(1) Each county shall establish an indigent drivers	48622
alcohol treatment fund, each county shall establish a juvenile	48623
indigent drivers alcohol treatment fund, and each municipal	48624
corporation in which there is a municipal court shall establish an	48625
indigent drivers alcohol treatment fund. All revenue that the	48626
general assembly appropriates to the indigent drivers alcohol	48627
treatment fund for transfer to a county indigent drivers alcohol	48628
treatment fund, a county juvenile indigent drivers alcohol	48629
treatment fund, or a municipal indigent drivers alcohol treatment	48630
fund, all portions of fees that are paid under division (F) of	48631
this section and that are credited under that division to the	48632
indigent drivers alcohol treatment fund in the state treasury for	48633
a county indigent drivers alcohol treatment fund, a county	48634
juvenile indigent drivers alcohol treatment fund, or a municipal	48635
indigent drivers alcohol treatment fund, all portions of	48636
additional costs imposed under section 2949.094 of the Revised	48637
Code that are specified for deposit into a county, county	48638
juvenile, or municipal indigent drivers alcohol treatment fund by	48639
that section, and all portions of fines that are specified for	48640
deposit into a county or municipal indigent drivers alcohol	48641
treatment fund by section 4511.193 of the Revised Code shall be	48642
deposited into that county indigent drivers alcohol treatment	48643
fund, county juvenile indigent drivers alcohol treatment fund, or	48644
municipal indigent drivers alcohol treatment fund. The portions of	48645
the fees paid under division (F) of this section that are to be so	48646
deposited shall be determined in accordance with division (H)(2)	48647
of this section. Additionally, all portions of fines that are paid	48648
for a violation of section 4511.19 of the Revised Code or of any	48649
prohibition contained in Chapter 4510. of the Revised Code, and	48650
that are required under section 4511.19 or any provision of	48651
Chapter 4510. of the Revised Code to be deposited into a county	48652
indigent drivers alcohol treatment fund or municipal indigent	48653
drivers alcohol treatment fund shall be deposited into the	48654
appropriate fund in accordance with the applicable division of the	48655
section or provision.	48656

(2) That portion of the license reinstatement fee that is	48657
paid under division (F) of this section and that is credited under	48658
that division to the indigent drivers alcohol treatment fund shall	48659
be deposited into a county indigent drivers alcohol treatment	48660
fund, a county juvenile indigent drivers alcohol treatment fund,	48661
or a municipal indigent drivers alcohol treatment fund as follows:	48662

(a) Regarding a suspension imposed under this section, that	48663
portion of the fee shall be deposited as follows:	48664

(i) If the fee is paid by a person who was charged in a	48665
county court with the violation that resulted in the suspension or	48666
in the imposition of the court costs, the portion shall be	48667
deposited into the county indigent drivers alcohol treatment fund	48668
under the control of that court;	48669

(ii) If the fee is paid by a person who was charged in a	48670
juvenile court with the violation that resulted in the suspension	48671
or in the imposition of the court costs, the portion shall be	48672
deposited into the county juvenile indigent drivers alcohol	48673
treatment fund established in the county served by the court;	48674

(iii) If the fee is paid by a person who was charged in a	48675
municipal court with the violation that resulted in the suspension	48676
or in the imposition of the court costs, the portion shall be	48677
deposited into the municipal indigent drivers alcohol treatment	48678
fund under the control of that court.	48679

(b) Regarding a suspension imposed under section 4511.19 of	48680
the Revised Code or under section 4510.07 of the Revised Code for	48681
a violation of a municipal OVI ordinance, that portion of the fee	48682
shall be deposited as follows:	48683

(i) If the fee is paid by a person whose license or permit	48684
was suspended by a county court, the portion shall be deposited	48685
into the county indigent drivers alcohol treatment fund under the	48686
control of that court;	48687

(ii) If the fee is paid by a person whose license or permit	48688
was suspended by a municipal court, the portion shall be deposited	48689
into the municipal indigent drivers alcohol treatment fund under	48690
the control of that court.	48691

(3) Expenditures from a county indigent drivers alcohol	48692
treatment fund, a county juvenile indigent drivers alcohol	48693
treatment fund, or a municipal indigent drivers alcohol treatment	48694
fund shall be made only upon the order of a county, juvenile, or	48695
municipal court judge and only for payment of the cost of an	48696
assessment or the cost of the attendance at an alcohol and drug	48697
addiction treatment program of a person who is convicted of, or	48698
found to be a juvenile traffic offender by reason of, a violation	48699
of division (A) of section 4511.19 of the Revised Code or a	48700
substantially similar municipal ordinance, who is ordered by the	48701
court to attend the alcohol and drug addiction treatment program,	48702
and who is determined by the court to be unable to pay the cost of	48703
the assessment or the cost of attendance at the treatment program	48704
or for payment of the costs specified in division (H)(4) of this	48705
section in accordance with that division. The alcohol and drug	48706
addiction services board or the board of alcohol, drug addiction,	48707
and mental health services established pursuant to section 340.02	48708
or 340.021 of the Revised Code and serving the alcohol, drug	48709
addiction, and mental health service district in which the court	48710
is located shall administer the indigent drivers alcohol treatment	48711
program of the court. When a court orders an offender or juvenile	48712
traffic offender to obtain an assessment or attend an alcohol and	48713
drug addiction treatment program, the board shall determine which	48714
program is suitable to meet the needs of the offender or juvenile	48715
traffic offender, and when a suitable program is located and space	48716
is available at the program, the offender or juvenile traffic	48717
offender shall attend the program designated by the board. A	48718
reasonable amount not to exceed five per cent of the amounts	48719
credited to and deposited into the county indigent drivers alcohol	48720
treatment fund, the county juvenile indigent drivers alcohol	48721
treatment fund, or the municipal indigent drivers alcohol	48722
treatment fund serving every court whose program is administered	48723
by that board shall be paid to the board to cover the costs it	48724
incurs in administering those indigent drivers alcohol treatment	48725
programs.	48726

In addition, upon exhaustion of moneys in the indigent	48727
drivers interlock and alcohol monitoring fund for the use of an	48728
alcohol monitoring device, a county, juvenile, or municipal court	48729
judge may use moneys in the county indigent drivers alcohol	48730
treatment fund, county juvenile indigent drivers alcohol treatment	48731
fund, or municipal indigent drivers alcohol treatment fund in the	48732
following manners:	48733

(a) If the source of the moneys was an appropriation of the	48734
general assembly, a portion of a fee that was paid under division	48735
(F) of this section, a portion of a fine that was specified for	48736
deposit into the fund by section 4511.193 of the Revised Code, or	48737
a portion of a fine that was paid for a violation of section	48738
4511.19 of the Revised Code or of a provision contained in Chapter	48739
4510. of the Revised Code that was required to be deposited into	48740
the fund, to pay for the continued use of an alcohol monitoring	48741
device by an offender or juvenile traffic offender, in conjunction	48742
with a treatment program approved by the department of alcohol and	48743
drug addiction services, when such use is determined clinically	48744
necessary by the treatment program and when the court determines	48745
that the offender or juvenile traffic offender is unable to pay	48746
all or part of the daily monitoring or cost of the device;	48747

(b) If the source of the moneys was a portion of an	48748
additional court cost imposed under section 2949.094 of the	48749
Revised Code, to pay for the continued use of an alcohol	48750
monitoring device by an offender or juvenile traffic offender when	48751
the court determines that the offender or juvenile traffic	48752
offender is unable to pay all or part of the daily monitoring or	48753
cost of the device. The moneys may be used for a device as	48754
described in this division if the use of the device is in	48755
conjunction with a treatment program approved by the department of	48756
alcohol and drug addiction services, when the use of the device is	48757
determined clinically necessary by the treatment program, but the	48758
use of a device is not required to be in conjunction with a	48759
treatment program approved by the department in order for the	48760
moneys to be used for the device as described in this division.	48761

(4) If a county, juvenile, or municipal court determines, in	48762
consultation with the alcohol and drug addiction services board or	48763
the board of alcohol, drug addiction, and mental health services	48764
established pursuant to section 340.02 or 340.021 of the Revised	48765
Code and serving the alcohol, drug addiction, and mental health	48766
district in which the court is located, that the funds in the	48767
county indigent drivers alcohol treatment fund, the county	48768
juvenile indigent drivers alcohol treatment fund, or the municipal	48769
indigent drivers alcohol treatment fund under the control of the	48770
court are more than sufficient to satisfy the purpose for which	48771
the fund was established, as specified in divisions (H)(1) to (3)	48772
of this section, the court may declare a surplus in the fund. If	48773
the court declares a surplus in the fund, the court may expend the	48774
amount of the surplus in the fund for:	48775

(a) Alcohol and drug abuse assessment and treatment of	48776
persons who are charged in the court with committing a criminal	48777
offense or with being a delinquent child or juvenile traffic	48778
offender and in relation to whom both of the following apply:	48779

(i) The court determines that substance abuse was a	48780
contributing factor leading to the criminal or delinquent activity	48781
or the juvenile traffic offense with which the person is charged.	48782

(ii) The court determines that the person is unable to pay	48783
the cost of the alcohol and drug abuse assessment and treatment	48784
for which the surplus money will be used.	48785

(b) All or part of the cost of purchasing alcohol monitoring	48786
devices to be used in conjunction with division (H)(3) of this	48787
section, upon exhaustion of moneys in the indigent drivers	48788
interlock and alcohol monitoring fund for the use of an alcohol	48789
monitoring device.	48790

(5) For the purpose of determining as described in division	48791
(F)(2)(c) of this section whether an offender does not have the	48792
means to pay for the offender's attendance at an alcohol and drug	48793
addiction treatment program or whether an alleged offender or	48794
delinquent child is unable to pay the costs specified in division	48795
(H)(4) of this section, the court shall use the indigent client	48796
eligibility guidelines and the standards of indigency established	48797
by the state public defender to make the determination.	48798

(6) The court shall identify and refer any alcohol and drug	48799
addiction program that is not certified under section 3793.06 of	48800
the Revised Code and that is interested in receiving amounts from	48801
the surplus in the fund declared under division (H)(4) of this	48802
section to the department of alcohol and drug addiction services	48803
in order for the program to become a certified alcohol and drug	48804
addiction program. The department shall keep a record of applicant	48805
referrals received pursuant to this division and shall submit a	48806
report on the referrals each year to the general assembly. If a	48807
program interested in becoming certified makes an application to	48808
become certified pursuant to section 3793.06 of the Revised Code,	48809
the program is eligible to receive surplus funds as long as the	48810
application is pending with the department. The department of	48811
alcohol and drug addiction services must offer technical	48812
assistance to the applicant. If the interested program withdraws	48813
the certification application, the department must notify the	48814
court, and the court shall not provide the interested program with	48815
any further surplus funds.	48816

(7)(a) Each alcohol and drug addiction services board and	48817
board of alcohol, drug addiction, and mental health services	48818
established pursuant to section 340.02 or 340.021 of the Revised	48819
Code shall submit to the department of alcohol and drug addiction	48820
services an annual report for each indigent drivers alcohol	48821
treatment fund in that board's area.	48822

(b) The report, which shall be submitted not later than sixty	48823
days after the end of the state fiscal year, shall provide the	48824
total payment that was made from the fund, including the number of	48825
indigent consumers that received treatment services and the number	48826
of indigent consumers that received an alcohol monitoring device.	48827
The report shall identify the treatment program and expenditure	48828
for an alcohol monitoring device for which that payment was made.	48829
The report shall include the fiscal year balance of each indigent	48830
drivers alcohol treatment fund located in that board's area. In	48831
the event that a surplus is declared in the fund pursuant to	48832
division (H)(4) of this section, the report also shall provide the	48833
total payment that was made from the surplus moneys and identify	48834
the treatment program and expenditure for an alcohol monitoring	48835
device for which that payment was made. The department may require	48836
additional information necessary to complete the comprehensive	48837
statewide alcohol and drug addiction services plan as required by	48838
section 3793.04 of the Revised Code.	48839

(c) If a board is unable to obtain adequate information to	48840
develop the report to submit to the department for a particular	48841
indigent drivers alcohol treatment fund, the board shall submit a	48842
report detailing the effort made in obtaining the information.	48843

(I)(1) Each county shall establish an indigent drivers	48844
interlock and alcohol monitoring fund and a juvenile indigent	48845
drivers interlock and alcohol treatment fund, and each municipal	48846
corporation in which there is a municipal court shall establish an	48847
indigent drivers interlock and alcohol monitoring fund. All	48848
revenue that the general assembly appropriates to the indigent	48849
drivers interlock and alcohol monitoring fund for transfer to a	48850
county indigent drivers interlock and alcohol monitoring fund, a	48851
county juvenile indigent drivers interlock and alcohol monitoring	48852
fund, or a municipal indigent drivers interlock and alcohol	48853
monitoring fund, all portions of license reinstatement fees that	48854
are paid under division (F)(2) of this section and that are	48855
credited under that division to the indigent drivers interlock and	48856
alcohol monitoring fund in the state treasury, and all portions of	48857
fines that are paid under division (G) of section 4511.19 of the	48858
Revised Code and that are credited by division (G)(5)(e) of that	48859
section to the indigent drivers interlock and alcohol monitoring	48860
fund in the state treasury shall be deposited in the appropriate	48861
fund in accordance with division (I)(2) of this section.	48862

(2) That portion of the license reinstatement fee that is	48863
paid under division (F) of this section and that portion of the	48864
fine paid under division (G) of section 4511.19 of the Revised	48865
Code and that is credited under either division to the indigent	48866
drivers interlock and alcohol monitoring fund shall be deposited	48867
into a county indigent drivers interlock and alcohol monitoring	48868
fund, a county juvenile indigent drivers interlock and alcohol	48869
monitoring fund, or a municipal indigent drivers interlock and	48870
alcohol monitoring fund as follows:	48871

(a) If the fee or fine is paid by a person who was charged in	48872
a county court with the violation that resulted in the suspension	48873
or fine, the portion shall be deposited into the county indigent	48874
drivers interlock and alcohol monitoring fund under the control of	48875
that court.	48876

(b) If the fee or fine is paid by a person who was charged in	48877
a juvenile court with the violation that resulted in the	48878
suspension or fine, the portion shall be deposited into the county	48879
juvenile indigent drivers interlock and alcohol monitoring fund	48880
established in the county served by the court.	48881

(c) If the fee or fine is paid by a person who was charged in	48882
a municipal court with the violation that resulted in the	48883
suspension, the portion shall be deposited into the municipal	48884
indigent drivers interlock and alcohol monitoring fund under the	48885
control of that court.	48886

Sec. 4511.78. (A) As used in this section:

48887

(1) "Mass transit system" means any county transit system,	48888
regional transit authority, regional transit commission,	48889
municipally owned transportation system, mass transit company	48890
operating exclusively within the territorial limits of a municipal	48891
corporation, or within such limits and the territorial limits of	48892
municipal corporations immediately contiguous to such municipal	48893
corporation, and any common passenger carrier ~~certified by the~~	48894
~~public utilities commission~~, that provides transportation for	48895
children to or from a school session or a school function.	48896

(2) "Bus" means every motor vehicle designed for carrying	48897
more than nine passengers and used for the transportation of	48898
persons, but does not mean any school bus as defined in section	48899
4511.01 of the Revised Code.	48900

(B) Whenever a mass transit system transports children to or	48901
from a school session or school function, the mass transit system	48902
shall provide for:	48903

(1) Periodic safety inspections of all buses used to provide	48904
transportation service. The inspections shall be based on rules	48905
adopted by the public utilities commission under Chapters 4921.	48906
and 4923. of the Revised Code to ensure the safety of operation of	48907
~~motor transportation companies and private~~ motor carriers.	48908

(2) The safety training of all drivers operating buses used	48909
to provide transportation service;	48910

(3) The equipping of every bus with outside rear-view mirrors	48911
meeting the motor carrier regulations for bus equipment adopted by	48912
the federal highway administration. No exclusions from this	48913
requirement granted under the federal regulations shall be	48914
considered exclusions for the purposes of this division.	48915

(C) Except as otherwise provided in this division, whoever	48916
violates this section is guilty of a minor misdemeanor. If, within	48917
one year of the offense, the offender previously has been	48918
convicted of or pleaded guilty to one predicate motor vehicle or	48919
traffic offense, whoever violates this section is guilty of a	48920
misdemeanor of the fourth degree. If, within one year of the	48921
offense, the offender previously has been convicted of two or more	48922
predicate motor vehicle or traffic offenses, whoever violates this	48923
section is guilty of a misdemeanor of the third degree.	48924

Sec. 4513.263. (A) As used in this section and in section	48925
4513.99 of the Revised Code:	48926

(1) "Automobile" means any commercial tractor, passenger car,	48927
commercial car, or truck that is required to be factory-equipped	48928
with an occupant restraining device for the operator or any	48929
passenger by regulations adopted by the United States secretary of	48930
transportation pursuant to the "National Traffic and Motor Vehicle	48931
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	48932

(2) "Occupant restraining device" means a seat safety belt,	48933
shoulder belt, harness, or other safety device for restraining a	48934
person who is an operator of or passenger in an automobile and	48935
that satisfies the minimum federal vehicle safety standards	48936
established by the United States department of transportation.	48937

(3) "Passenger" means any person in an automobile, other than	48938
its operator, who is occupying a seating position for which an	48939
occupant restraining device is provided.	48940

(4) "Commercial tractor," "passenger car," and "commercial	48941
car" have the same meanings as in section 4501.01 of the Revised	48942
Code.	48943

(5) "Vehicle" and "motor vehicle," as used in the definitions	48944
of the terms set forth in division (A)(4) of this section, have	48945
the same meanings as in section 4511.01 of the Revised Code.	48946

(6) "Tort action" means a civil action for damages for	48947
injury, death, or loss to person or property. "Tort action"	48948
includes a product liability claim, as defined in section 2307.71	48949
of the Revised Code, and an asbestos claim, as defined in section	48950
2307.91 of the Revised Code, but does not include a civil action	48951
for damages for breach of contract or another agreement between	48952
persons.	48953

(B) No person shall do any of the following:

48954

(1) Operate an automobile on any street or highway unless	48955
that person is wearing all of the available elements of a properly	48956
adjusted occupant restraining device, or operate a school bus that	48957
has an occupant restraining device installed for use in its	48958
operator's seat unless that person is wearing all of the available	48959
elements of the device, as properly adjusted;	48960

(2) Operate an automobile on any street or highway unless	48961
each passenger in the automobile who is subject to the requirement	48962
set forth in division (B)(3) of this section is wearing all of the	48963
available elements of a properly adjusted occupant restraining	48964
device;	48965

(3) Occupy, as a passenger, a seating position on the front	48966
seat of an automobile being operated on any street or highway	48967
unless that person is wearing all of the available elements of a	48968
properly adjusted occupant restraining device;	48969

(4) Operate a taxicab on any street or highway unless all	48970
factory-equipped occupant restraining devices in the taxicab are	48971
maintained in usable form.	48972

(C) Division (B)(3) of this section does not apply to a	48973
person who is required by section 4511.81 of the Revised Code to	48974
be secured in a child restraint device or booster seat. Division	48975
(B)(1) of this section does not apply to a person who is an	48976
employee of the United States postal service or of a newspaper	48977
home delivery service, during any period in which the person is	48978
engaged in the operation of an automobile to deliver mail or	48979
newspapers to addressees. Divisions (B)(1) and (3) of this section	48980
do not apply to a person who has an affidavit signed by a	48981
physician licensed to practice in this state under Chapter 4731.	48982
of the Revised Code or a chiropractor licensed to practice in this	48983
state under Chapter 4734. of the Revised Code that states that the	48984
person has a physical impairment that makes use of an occupant	48985
restraining device impossible or impractical.	48986

(D) Notwithstanding any provision of law to the contrary, no	48987
law enforcement officer shall cause an operator of an automobile	48988
being operated on any street or highway to stop the automobile for	48989
the sole purpose of determining whether a violation of division	48990
(B) of this section has been or is being committed or for the sole	48991
purpose of issuing a ticket, citation, or summons for a violation	48992
of that nature or causing the arrest of or commencing a	48993
prosecution of a person for a violation of that nature, and no law	48994
enforcement officer shall view the interior or visually inspect	48995
any automobile being operated on any street or highway for the	48996
sole purpose of determining whether a violation of that nature has	48997
been or is being committed.	48998

(E) All fines collected for violations of division (B) of	48999
this section, or for violations of any ordinance or resolution of	49000
a political subdivision that is substantively comparable to that	49001
division, shall be forwarded to the treasurer of state for deposit	49002
~~as follows:~~	49003

~~(1) Eight per cent shall be deposited into the elementary~~	49004
~~school program fund, which is hereby created in the state~~	49005
~~treasury, and shall be used by the department of public safety to~~	49006
~~establish and administer elementary school programs that encourage~~	49007
~~seat safety belt use.~~	49008

~~(2) Two per cent shall be deposited into the occupational~~	49009
~~licensing and regulatory fund created by section 4743.05 of the~~	49010
~~Revised Code.~~	49011

~~(3) Thirty-six per cent, plus~~into the state treasury to the	49012
credit of the trauma and emergency medical services fund, which is	49013
hereby created. In addition, sixty cents of each fee collected	49014
under sections 4501.34, 4503.26, 4505.14, 4506.08, ~~and~~ 4509.05,	49015
~~plus on and after October 1, 2009, sixty cents of each fee~~	49016
~~collected under sections 4505.14~~ and 4519.63 of the Revised Code	49017
as specified in those sections, plus the portion of the driver's	49018
license reinstatement fee described in division (F)(2)(g) of	49019
section 4511.191 of the Revised Code, plus all fees collected	49020
under section 4765.11 of the Revised Code, plus all fines imposed	49021
under section 4765.55 of the Revised Code, and plus five per cent	49022
of fines and moneys arising from bail forfeitures as directed by	49023
section 5503.04 of the Revised Code, also shall be deposited into	49024
the trauma and emergency medical services fund~~, which is hereby~~	49025
~~created in the state treasury, and~~. All money deposited into the	49026
trauma and emergency medical services fund shall be used by the	49027
department of public safety for the administration and operation	49028
of the division of emergency medical services and the state board	49029
of emergency medical and transportation services, ~~except that the~~	49030
and by the state board of emergency medical services to make	49031
grants, in accordance with section 4765.07 of the Revised Code and	49032
rules the board adopts under section 4765.11 of the Revised Code.	49033
The director of budget and management may transfer excess money	49034
from the trauma and emergency medical services fund to the state	49035
highway safety fund if the director of public safety determines	49036
that the amount of money in the trauma and emergency medical	49037
services fund exceeds the amount required to cover such costs	49038
incurred by the emergency medical services agency and the grants	49039
made by the state board of emergency medical and transportation	49040
services and requests the director of budget and management to	49041
make the transfer.	49042

~~(4) Fifty-four per cent shall be deposited into the trauma~~	49043
~~and emergency medical services grants fund, which is hereby~~	49044
~~created in the state treasury, and shall be used by the state~~	49045
~~board of emergency medical services to make grants, in accordance~~	49046
~~with section 4765.07 of the Revised Code and rules the board~~	49047
~~adopts under section 4765.11 of the Revised Code.~~	49048

(F)(1) Subject to division (F)(2) of this section, the	49049
failure of a person to wear all of the available elements of a	49050
properly adjusted occupant restraining device in violation of	49051
division (B)(1) or (3) of this section or the failure of a person	49052
to ensure that each minor who is a passenger of an automobile	49053
being operated by that person is wearing all of the available	49054
elements of a properly adjusted occupant restraining device in	49055
violation of division (B)(2) of this section shall not be	49056
considered or used by the trier of fact in a tort action as	49057
evidence of negligence or contributory negligence. But, the trier	49058
of fact may determine based on evidence admitted consistent with	49059
the Ohio Rules of Evidence that the failure contributed to the	49060
harm alleged in the tort action and may diminish a recovery of	49061
compensatory damages that represents noneconomic loss, as defined	49062
in section 2307.011 of the Revised Code, in a tort action that	49063
could have been recovered but for the plaintiff's failure to wear	49064
all of the available elements of a properly adjusted occupant	49065
restraining device. Evidence of that failure shall not be used as	49066
a basis for a criminal prosecution of the person other than a	49067
prosecution for a violation of this section; and shall not be	49068
admissible as evidence in a criminal action involving the person	49069
other than a prosecution for a violation of this section.	49070

(2) If, at the time of an accident involving a passenger car	49071
equipped with occupant restraining devices, any occupant of the	49072
passenger car who sustained injury or death was not wearing an	49073
available occupant restraining device, was not wearing all of the	49074
available elements of such a device, or was not wearing such a	49075
device as properly adjusted, then, consistent with the Rules of	49076
Evidence, the fact that the occupant was not wearing the available	49077
occupant restraining device, was not wearing all of the available	49078
elements of such a device, or was not wearing such a device as	49079
properly adjusted is admissible in evidence in relation to any	49080
claim for relief in a tort action to the extent that the claim for	49081
relief satisfies all of the following:	49082

(a) It seeks to recover damages for injury or death to the	49083
occupant.	49084

(b) The defendant in question is the manufacturer, designer,	49085
distributor, or seller of the passenger car.	49086

(c) The claim for relief against the defendant in question is	49087
that the injury or death sustained by the occupant was enhanced or	49088
aggravated by some design defect in the passenger car or that the	49089
passenger car was not crashworthy.	49090

(G)(1) Whoever violates division (B)(1) of this section shall	49091
be fined thirty dollars.	49092

(2) Whoever violates division (B)(3) of this section shall be	49093
fined twenty dollars.	49094

(3) Except as otherwise provided in this division, whoever	49095
violates division (B)(4) of this section is guilty of a minor	49096
misdemeanor. If the offender previously has been convicted of or	49097
pleaded guilty to a violation of division (B)(4) of this section,	49098
whoever violates division (B)(4) of this section is guilty of a	49099
misdemeanor of the third degree.	49100

Sec. 4513.50. As used in sections 4513.50 to 4513.53 of the	49101
Revised Code:	49102

(A)(1) "Bus" means any vehicle used for the transportation of	49103
passengers that meets at least one of the following:	49104

(a) Was originally designed by the manufacturer to transport	49105
more than fifteen passengers, including the driver;	49106

(b) Either the gross vehicle weight rating or the gross	49107
vehicle weight exceeds ten thousand pounds.	49108

(2) "Bus" does not include a church bus as defined in section	49109
4503.07 of the Revised Code or a school bus unless the church bus	49110
or school bus is used in the transportation of passengers ~~for hire~~	49111
by a motor ~~transportation company or a common~~ carrier ~~by motor~~	49112
~~vehicle or by a private motor carrier or contract carrier by motor~~	49113
~~vehicle~~.	49114

(3) "Bus" also does not include any of the following:

49115

(a) Any vehicle operated exclusively on a rail or rails;

49116

(b) A trolley bus operated by electric power derived from a	49117
fixed overhead wire furnishing local passenger transportation	49118
similar to street-railway service;	49119

(c) Vehicles owned or leased by government agencies or	49120
political subdivisions.	49121

(B)~~(1)~~ "Motor ~~transportation company" and "common~~ carrier by	49122
~~motor vehicle~~" ~~have~~has the same ~~meanings~~meaning as in section	49123
~~4921.02~~4923.01 of the Revised Code.	49124

~~(2) "Private motor carrier" and "contract carrier by motor~~	49125
~~vehicle" have the same meanings as in section 4923.02 of the~~	49126
~~Revised Code.~~	49127

Sec. 4561.21. (A) The director of transportation shall	49128
deposit all aircraft transfer fees in the state treasury to the	49129
credit of the general fund.	49130

(B) The director shall deposit all aircraft license taxes and	49131
fines in the state treasury to the credit of the airport	49132
assistance fund, which is hereby created. Money in the fund shall	49133
be used for maintenance and capital improvements to publicly owned	49134
airports, and the operating costs associated with the office of	49135
aviation. For maintenance and capital improvements to publicly	49136
owned airports, the director shall distribute the money to	49137
eligible recipients in accordance with such procedures,	49138
guidelines, and criteria as the director shall establish.	49139

Sec. 4731.22. (A) The state medical board, by an affirmative	49140
vote of not fewer than six of its members, may revoke or may	49141
refuse to grant a certificate to a person found by the board to	49142
have committed fraud during the administration of the examination	49143
for a certificate to practice or to have committed fraud,	49144
misrepresentation, or deception in applying for or securing any	49145
certificate to practice or certificate of registration issued by	49146
the board.	49147

(B) The board, by an affirmative vote of not fewer than six	49148
members, shall, to the extent permitted by law, limit, revoke, or	49149
suspend an individual's certificate to practice, refuse to	49150
register an individual, refuse to reinstate a certificate, or	49151
reprimand or place on probation the holder of a certificate for	49152
one or more of the following reasons:	49153

(1) Permitting one's name or one's certificate to practice or	49154
certificate of registration to be used by a person, group, or	49155
corporation when the individual concerned is not actually	49156
directing the treatment given;	49157

(2) Failure to maintain minimal standards applicable to the	49158
selection or administration of drugs, or failure to employ	49159
acceptable scientific methods in the selection of drugs or other	49160
modalities for treatment of disease;	49161

(3) Selling, giving away, personally furnishing, prescribing,	49162
or administering drugs for other than legal and legitimate	49163
therapeutic purposes or a plea of guilty to, a judicial finding of	49164
guilt of, or a judicial finding of eligibility for intervention in	49165
lieu of conviction of, a violation of any federal or state law	49166
regulating the possession, distribution, or use of any drug;	49167

(4) Willfully betraying a professional confidence.

49168

For purposes of this division, "willfully betraying a	49169
professional confidence" does not include providing any	49170
information, documents, or reports to a child fatality review	49171
board under sections 307.621 to 307.629 of the Revised Code and	49172
does not include the making of a report of an employee's use of a	49173
drug of abuse, or a report of a condition of an employee other	49174
than one involving the use of a drug of abuse, to the employer of	49175
the employee as described in division (B) of section 2305.33 of	49176
the Revised Code. Nothing in this division affects the immunity	49177
from civil liability conferred by that section upon a physician	49178
who makes either type of report in accordance with division (B) of	49179
that section. As used in this division, "employee," "employer,"	49180
and "physician" have the same meanings as in section 2305.33 of	49181
the Revised Code.	49182

(5) Making a false, fraudulent, deceptive, or misleading	49183
statement in the solicitation of or advertising for patients; in	49184
relation to the practice of medicine and surgery, osteopathic	49185
medicine and surgery, podiatric medicine and surgery, or a limited	49186
branch of medicine; or in securing or attempting to secure any	49187
certificate to practice or certificate of registration issued by	49188
the board.	49189

As used in this division, "false, fraudulent, deceptive, or	49190
misleading statement" means a statement that includes a	49191
misrepresentation of fact, is likely to mislead or deceive because	49192
of a failure to disclose material facts, is intended or is likely	49193
to create false or unjustified expectations of favorable results,	49194
or includes representations or implications that in reasonable	49195
probability will cause an ordinarily prudent person to	49196
misunderstand or be deceived.	49197

(6) A departure from, or the failure to conform to, minimal	49198
standards of care of similar practitioners under the same or	49199
similar circumstances, whether or not actual injury to a patient	49200
is established;	49201

(7) Representing, with the purpose of obtaining compensation	49202
or other advantage as personal gain or for any other person, that	49203
an incurable disease or injury, or other incurable condition, can	49204
be permanently cured;	49205

(8) The obtaining of, or attempting to obtain, money or	49206
anything of value by fraudulent misrepresentations in the course	49207
of practice;	49208

(9) A plea of guilty to, a judicial finding of guilt of, or a	49209
judicial finding of eligibility for intervention in lieu of	49210
conviction for, a felony;	49211

(10) Commission of an act that constitutes a felony in this	49212
state, regardless of the jurisdiction in which the act was	49213
committed;	49214

(11) A plea of guilty to, a judicial finding of guilt of, or	49215
a judicial finding of eligibility for intervention in lieu of	49216
conviction for, a misdemeanor committed in the course of practice;	49217

(12) Commission of an act in the course of practice that	49218
constitutes a misdemeanor in this state, regardless of the	49219
jurisdiction in which the act was committed;	49220

(13) A plea of guilty to, a judicial finding of guilt of, or	49221
a judicial finding of eligibility for intervention in lieu of	49222
conviction for, a misdemeanor involving moral turpitude;	49223

(14) Commission of an act involving moral turpitude that	49224
constitutes a misdemeanor in this state, regardless of the	49225
jurisdiction in which the act was committed;	49226

(15) Violation of the conditions of limitation placed by the	49227
board upon a certificate to practice;	49228

(16) Failure to pay license renewal fees specified in this	49229
chapter;	49230

(17) Except as authorized in section 4731.31 of the Revised	49231
Code, engaging in the division of fees for referral of patients,	49232
or the receiving of a thing of value in return for a specific	49233
referral of a patient to utilize a particular service or business;	49234

(18) Subject to section 4731.226 of the Revised Code,	49235
violation of any provision of a code of ethics of the American	49236
medical association, the American osteopathic association, the	49237
American podiatric medical association, or any other national	49238
professional organizations that the board specifies by rule. The	49239
state medical board shall obtain and keep on file current copies	49240
of the codes of ethics of the various national professional	49241
organizations. The individual whose certificate is being suspended	49242
or revoked shall not be found to have violated any provision of a	49243
code of ethics of an organization not appropriate to the	49244
individual's profession.	49245

For purposes of this division, a "provision of a code of	49246
ethics of a national professional organization" does not include	49247
any provision that would preclude the making of a report by a	49248
physician of an employee's use of a drug of abuse, or of a	49249
condition of an employee other than one involving the use of a	49250
drug of abuse, to the employer of the employee as described in	49251
division (B) of section 2305.33 of the Revised Code. Nothing in	49252
this division affects the immunity from civil liability conferred	49253
by that section upon a physician who makes either type of report	49254
in accordance with division (B) of that section. As used in this	49255
division, "employee," "employer," and "physician" have the same	49256
meanings as in section 2305.33 of the Revised Code.	49257

(19) Inability to practice according to acceptable and	49258
prevailing standards of care by reason of mental illness or	49259
physical illness, including, but not limited to, physical	49260
deterioration that adversely affects cognitive, motor, or	49261
perceptive skills.	49262

In enforcing this division, the board, upon a showing of a	49263
possible violation, may compel any individual authorized to	49264
practice by this chapter or who has submitted an application	49265
pursuant to this chapter to submit to a mental examination,	49266
physical examination, including an HIV test, or both a mental and	49267
a physical examination. The expense of the examination is the	49268
responsibility of the individual compelled to be examined. Failure	49269
to submit to a mental or physical examination or consent to an HIV	49270
test ordered by the board constitutes an admission of the	49271
allegations against the individual unless the failure is due to	49272
circumstances beyond the individual's control, and a default and	49273
final order may be entered without the taking of testimony or	49274
presentation of evidence. If the board finds an individual unable	49275
to practice because of the reasons set forth in this division, the	49276
board shall require the individual to submit to care, counseling,	49277
or treatment by physicians approved or designated by the board, as	49278
a condition for initial, continued, reinstated, or renewed	49279
authority to practice. An individual affected under this division	49280
shall be afforded an opportunity to demonstrate to the board the	49281
ability to resume practice in compliance with acceptable and	49282
prevailing standards under the provisions of the individual's	49283
certificate. For the purpose of this division, any individual who	49284
applies for or receives a certificate to practice under this	49285
chapter accepts the privilege of practicing in this state and, by	49286
so doing, shall be deemed to have given consent to submit to a	49287
mental or physical examination when directed to do so in writing	49288
by the board, and to have waived all objections to the	49289
admissibility of testimony or examination reports that constitute	49290
a privileged communication.	49291

(20) Except when civil penalties are imposed under section	49292
4731.225 or 4731.281 of the Revised Code, and subject to section	49293
4731.226 of the Revised Code, violating or attempting to violate,	49294
directly or indirectly, or assisting in or abetting the violation	49295
of, or conspiring to violate, any provisions of this chapter or	49296
any rule promulgated by the board.	49297

This division does not apply to a violation or attempted	49298
violation of, assisting in or abetting the violation of, or a	49299
conspiracy to violate, any provision of this chapter or any rule	49300
adopted by the board that would preclude the making of a report by	49301
a physician of an employee's use of a drug of abuse, or of a	49302
condition of an employee other than one involving the use of a	49303
drug of abuse, to the employer of the employee as described in	49304
division (B) of section 2305.33 of the Revised Code. Nothing in	49305
this division affects the immunity from civil liability conferred	49306
by that section upon a physician who makes either type of report	49307
in accordance with division (B) of that section. As used in this	49308
division, "employee," "employer," and "physician" have the same	49309
meanings as in section 2305.33 of the Revised Code.	49310

(21) The violation of section 3701.79 of the Revised Code or	49311
of any abortion rule adopted by the ~~public~~director of health	49312
~~council~~ pursuant to section 3701.341 of the Revised Code;	49313

(22) Any of the following actions taken by an agency	49314
responsible for authorizing, certifying, or regulating an	49315
individual to practice a health care occupation or provide health	49316
care services in this state or another jurisdiction, for any	49317
reason other than the nonpayment of fees: the limitation,	49318
revocation, or suspension of an individual's license to practice;	49319
acceptance of an individual's license surrender; denial of a	49320
license; refusal to renew or reinstate a license; imposition of	49321
probation; or issuance of an order of censure or other reprimand;	49322

(23) The violation of section 2919.12 of the Revised Code or	49323
the performance or inducement of an abortion upon a pregnant woman	49324
with actual knowledge that the conditions specified in division	49325
(B) of section 2317.56 of the Revised Code have not been satisfied	49326
or with a heedless indifference as to whether those conditions	49327
have been satisfied, unless an affirmative defense as specified in	49328
division (H)(2) of that section would apply in a civil action	49329
authorized by division (H)(1) of that section;	49330

(24) The revocation, suspension, restriction, reduction, or	49331
termination of clinical privileges by the United States department	49332
of defense or department of veterans affairs or the termination or	49333
suspension of a certificate of registration to prescribe drugs by	49334
the drug enforcement administration of the United States	49335
department of justice;	49336

(25) Termination or suspension from participation in the	49337
medicare or medicaid programs by the department of health and	49338
human services or other responsible agency for any act or acts	49339
that also would constitute a violation of division (B)(2), (3),	49340
(6), (8), or (19) of this section;	49341

(26) Impairment of ability to practice according to	49342
acceptable and prevailing standards of care because of habitual or	49343
excessive use or abuse of drugs, alcohol, or other substances that	49344
impair ability to practice.	49345

For the purposes of this division, any individual authorized	49346
to practice by this chapter accepts the privilege of practicing in	49347
this state subject to supervision by the board. By filing an	49348
application for or holding a certificate to practice under this	49349
chapter, an individual shall be deemed to have given consent to	49350
submit to a mental or physical examination when ordered to do so	49351
by the board in writing, and to have waived all objections to the	49352
admissibility of testimony or examination reports that constitute	49353
privileged communications.	49354

If it has reason to believe that any individual authorized to	49355
practice by this chapter or any applicant for certification to	49356
practice suffers such impairment, the board may compel the	49357
individual to submit to a mental or physical examination, or both.	49358
The expense of the examination is the responsibility of the	49359
individual compelled to be examined. Any mental or physical	49360
examination required under this division shall be undertaken by a	49361
treatment provider or physician who is qualified to conduct the	49362
examination and who is chosen by the board.	49363

Failure to submit to a mental or physical examination ordered	49364
by the board constitutes an admission of the allegations against	49365
the individual unless the failure is due to circumstances beyond	49366
the individual's control, and a default and final order may be	49367
entered without the taking of testimony or presentation of	49368
evidence. If the board determines that the individual's ability to	49369
practice is impaired, the board shall suspend the individual's	49370
certificate or deny the individual's application and shall require	49371
the individual, as a condition for initial, continued, reinstated,	49372
or renewed certification to practice, to submit to treatment.	49373

Before being eligible to apply for reinstatement of a	49374
certificate suspended under this division, the impaired	49375
practitioner shall demonstrate to the board the ability to resume	49376
practice in compliance with acceptable and prevailing standards of	49377
care under the provisions of the practitioner's certificate. The	49378
demonstration shall include, but shall not be limited to, the	49379
following:	49380

(a) Certification from a treatment provider approved under	49381
section 4731.25 of the Revised Code that the individual has	49382
successfully completed any required inpatient treatment;	49383

(b) Evidence of continuing full compliance with an aftercare	49384
contract or consent agreement;	49385

(c) Two written reports indicating that the individual's	49386
ability to practice has been assessed and that the individual has	49387
been found capable of practicing according to acceptable and	49388
prevailing standards of care. The reports shall be made by	49389
individuals or providers approved by the board for making the	49390
assessments and shall describe the basis for their determination.	49391

The board may reinstate a certificate suspended under this	49392
division after that demonstration and after the individual has	49393
entered into a written consent agreement.	49394

When the impaired practitioner resumes practice, the board	49395
shall require continued monitoring of the individual. The	49396
monitoring shall include, but not be limited to, compliance with	49397
the written consent agreement entered into before reinstatement or	49398
with conditions imposed by board order after a hearing, and, upon	49399
termination of the consent agreement, submission to the board for	49400
at least two years of annual written progress reports made under	49401
penalty of perjury stating whether the individual has maintained	49402
sobriety.	49403

(27) A second or subsequent violation of section 4731.66 or	49404
4731.69 of the Revised Code;	49405

(28) Except as provided in division (N) of this section:

49406

(a) Waiving the payment of all or any part of a deductible or	49407
copayment that a patient, pursuant to a health insurance or health	49408
care policy, contract, or plan that covers the individual's	49409
services, otherwise would be required to pay if the waiver is used	49410
as an enticement to a patient or group of patients to receive	49411
health care services from that individual;	49412

(b) Advertising that the individual will waive the payment of	49413
all or any part of a deductible or copayment that a patient,	49414
pursuant to a health insurance or health care policy, contract, or	49415
plan that covers the individual's services, otherwise would be	49416
required to pay.	49417

(29) Failure to use universal blood and body fluid	49418
precautions established by rules adopted under section 4731.051 of	49419
the Revised Code;	49420

(30) Failure to provide notice to, and receive acknowledgment	49421
of the notice from, a patient when required by section 4731.143 of	49422
the Revised Code prior to providing nonemergency professional	49423
services, or failure to maintain that notice in the patient's	49424
file;	49425

(31) Failure of a physician supervising a physician assistant	49426
to maintain supervision in accordance with the requirements of	49427
Chapter 4730. of the Revised Code and the rules adopted under that	49428
chapter;	49429

(32) Failure of a physician or podiatrist to enter into a	49430
standard care arrangement with a clinical nurse specialist,	49431
certified nurse-midwife, or certified nurse practitioner with whom	49432
the physician or podiatrist is in collaboration pursuant to	49433
section 4731.27 of the Revised Code or failure to fulfill the	49434
responsibilities of collaboration after entering into a standard	49435
care arrangement;	49436

(33) Failure to comply with the terms of a consult agreement	49437
entered into with a pharmacist pursuant to section 4729.39 of the	49438
Revised Code;	49439

(34) Failure to cooperate in an investigation conducted by	49440
the board under division (F) of this section, including failure to	49441
comply with a subpoena or order issued by the board or failure to	49442
answer truthfully a question presented by the board at a	49443
deposition or in written interrogatories, except that failure to	49444
cooperate with an investigation shall not constitute grounds for	49445
discipline under this section if a court of competent jurisdiction	49446
has issued an order that either quashes a subpoena or permits the	49447
individual to withhold the testimony or evidence in issue;	49448

(35) Failure to supervise an acupuncturist in accordance with	49449
Chapter 4762. of the Revised Code and the board's rules for	49450
supervision of an acupuncturist;	49451

(36) Failure to supervise an anesthesiologist assistant in	49452
accordance with Chapter 4760. of the Revised Code and the board's	49453
rules for supervision of an anesthesiologist assistant;	49454

(37) Assisting suicide as defined in section 3795.01 of the	49455
Revised Code;	49456

(38) Failure to comply with the requirements of section	49457
2317.561 of the Revised Code;	49458

(39) Failure to supervise a radiologist assistant in	49459
accordance with Chapter 4774. of the Revised Code and the board's	49460
rules for supervision of radiologist assistants;	49461

(40) Performing or inducing an abortion at an office or	49462
facility with knowledge that the office or facility fails to post	49463
the notice required under section 3701.791 of the Revised Code;	49464

(41) Failure to comply with the standards and procedures	49465
established in rules under section 4731.054 of the Revised Code	49466
for the operation of or the provision of care at a pain management	49467
clinic;	49468

(42) Failure to comply with the standards and procedures	49469
established in rules under section 4731.054 of the Revised Code	49470
for providing supervision, direction, and control of individuals	49471
at a pain management clinic;	49472

(43) Failure to comply with the requirements of section	49473
4729.79 of the Revised Code, unless the state board of pharmacy no	49474
longer maintains a drug database pursuant to section 4729.75 of	49475
the Revised Code;	49476

~~(41)~~(44) Failure to comply with the requirements of section	49477
2919.171 of the Revised Code or failure to submit to the	49478
department of health in accordance with a court order a complete	49479
report as described in section 2919.171 of the Revised Code.	49480

(C) Disciplinary actions taken by the board under divisions	49481
(A) and (B) of this section shall be taken pursuant to an	49482
adjudication under Chapter 119. of the Revised Code, except that	49483
in lieu of an adjudication, the board may enter into a consent	49484
agreement with an individual to resolve an allegation of a	49485
violation of this chapter or any rule adopted under it. A consent	49486
agreement, when ratified by an affirmative vote of not fewer than	49487
six members of the board, shall constitute the findings and order	49488
of the board with respect to the matter addressed in the	49489
agreement. If the board refuses to ratify a consent agreement, the	49490
admissions and findings contained in the consent agreement shall	49491
be of no force or effect.	49492

A telephone conference call may be utilized for ratification	49493
of a consent agreement that revokes or suspends an individual's	49494
certificate to practice. The telephone conference call shall be	49495
considered a special meeting under division (F) of section 121.22	49496
of the Revised Code.	49497

If the board takes disciplinary action against an individual	49498
under division (B) of this section for a second or subsequent plea	49499
of guilty to, or judicial finding of guilt of, a violation of	49500
section 2919.123 of the Revised Code, the disciplinary action	49501
shall consist of a suspension of the individual's certificate to	49502
practice for a period of at least one year or, if determined	49503
appropriate by the board, a more serious sanction involving the	49504
individual's certificate to practice. Any consent agreement	49505
entered into under this division with an individual that pertains	49506
to a second or subsequent plea of guilty to, or judicial finding	49507
of guilt of, a violation of that section shall provide for a	49508
suspension of the individual's certificate to practice for a	49509
period of at least one year or, if determined appropriate by the	49510
board, a more serious sanction involving the individual's	49511
certificate to practice.	49512

(D) For purposes of divisions (B)(10), (12), and (14) of this	49513
section, the commission of the act may be established by a finding	49514
by the board, pursuant to an adjudication under Chapter 119. of	49515
the Revised Code, that the individual committed the act. The board	49516
does not have jurisdiction under those divisions if the trial	49517
court renders a final judgment in the individual's favor and that	49518
judgment is based upon an adjudication on the merits. The board	49519
has jurisdiction under those divisions if the trial court issues	49520
an order of dismissal upon technical or procedural grounds.	49521

(E) The sealing of conviction records by any court shall have	49522
no effect upon a prior board order entered under this section or	49523
upon the board's jurisdiction to take action under this section	49524
if, based upon a plea of guilty, a judicial finding of guilt, or a	49525
judicial finding of eligibility for intervention in lieu of	49526
conviction, the board issued a notice of opportunity for a hearing	49527
prior to the court's order to seal the records. The board shall	49528
not be required to seal, destroy, redact, or otherwise modify its	49529
records to reflect the court's sealing of conviction records.	49530

(F)(1) The board shall investigate evidence that appears to	49531
show that a person has violated any provision of this chapter or	49532
any rule adopted under it. Any person may report to the board in a	49533
signed writing any information that the person may have that	49534
appears to show a violation of any provision of this chapter or	49535
any rule adopted under it. In the absence of bad faith, any person	49536
who reports information of that nature or who testifies before the	49537
board in any adjudication conducted under Chapter 119. of the	49538
Revised Code shall not be liable in damages in a civil action as a	49539
result of the report or testimony. Each complaint or allegation of	49540
a violation received by the board shall be assigned a case number	49541
and shall be recorded by the board.	49542

(2) Investigations of alleged violations of this chapter or	49543
any rule adopted under it shall be supervised by the supervising	49544
member elected by the board in accordance with section 4731.02 of	49545
the Revised Code and by the secretary as provided in section	49546
4731.39 of the Revised Code. The president may designate another	49547
member of the board to supervise the investigation in place of the	49548
supervising member. No member of the board who supervises the	49549
investigation of a case shall participate in further adjudication	49550
of the case.	49551

(3) In investigating a possible violation of this chapter or	49552
any rule adopted under this chapter, the board may administer	49553
oaths, order the taking of depositions, inspect and copy any	49554
books, accounts, papers, records, or documents, issue subpoenas,	49555
and compel the attendance of witnesses and production of books,	49556
accounts, papers, records, documents, and testimony, except that a	49557
subpoena for patient record information shall not be issued	49558
without consultation with the attorney general's office and	49559
approval of the secretary and supervising member of the board.	49560
Before issuance of a subpoena for patient record information, the	49561
secretary and supervising member shall determine whether there is	49562
probable cause to believe that the complaint filed alleges a	49563
violation of this chapter or any rule adopted under it and that	49564
the records sought are relevant to the alleged violation and	49565
material to the investigation. The subpoena may apply only to	49566
records that cover a reasonable period of time surrounding the	49567
alleged violation.	49568

On failure to comply with any subpoena issued by the board	49569
and after reasonable notice to the person being subpoenaed, the	49570
board may move for an order compelling the production of persons	49571
or records pursuant to the Rules of Civil Procedure.	49572

A subpoena issued by the board may be served by a sheriff,	49573
the sheriff's deputy, or a board employee designated by the board.	49574
Service of a subpoena issued by the board may be made by	49575
delivering a copy of the subpoena to the person named therein,	49576
reading it to the person, or leaving it at the person's usual	49577
place of residence. When the person being served is a person whose	49578
practice is authorized by this chapter, service of the subpoena	49579
may be made by certified mail, restricted delivery, return receipt	49580
requested, and the subpoena shall be deemed served on the date	49581
delivery is made or the date the person refuses to accept	49582
delivery.	49583

A sheriff's deputy who serves a subpoena shall receive the	49584
same fees as a sheriff. Each witness who appears before the board	49585
in obedience to a subpoena shall receive the fees and mileage	49586
provided for under section 119.094 of the Revised Code.	49587

(4) All hearings and investigations of the board shall be	49588
considered civil actions for the purposes of section 2305.252 of	49589
the Revised Code.	49590

(5) Information received by the board pursuant to an	49591
investigation is confidential and not subject to discovery in any	49592
civil action.	49593

The board shall conduct all investigations and proceedings in	49594
a manner that protects the confidentiality of patients and persons	49595
who file complaints with the board. The board shall not make	49596
public the names or any other identifying information about	49597
patients or complainants unless proper consent is given or, in the	49598
case of a patient, a waiver of the patient privilege exists under	49599
division (B) of section 2317.02 of the Revised Code, except that	49600
consent or a waiver of that nature is not required if the board	49601
possesses reliable and substantial evidence that no bona fide	49602
physician-patient relationship exists.	49603

The board may share any information it receives pursuant to	49604
an investigation, including patient records and patient record	49605
information, with law enforcement agencies, other licensing	49606
boards, and other governmental agencies that are prosecuting,	49607
adjudicating, or investigating alleged violations of statutes or	49608
administrative rules. An agency or board that receives the	49609
information shall comply with the same requirements regarding	49610
confidentiality as those with which the state medical board must	49611
comply, notwithstanding any conflicting provision of the Revised	49612
Code or procedure of the agency or board that applies when it is	49613
dealing with other information in its possession. In a judicial	49614
proceeding, the information may be admitted into evidence only in	49615
accordance with the Rules of Evidence, but the court shall require	49616
that appropriate measures are taken to ensure that confidentiality	49617
is maintained with respect to any part of the information that	49618
contains names or other identifying information about patients or	49619
complainants whose confidentiality was protected by the state	49620
medical board when the information was in the board's possession.	49621
Measures to ensure confidentiality that may be taken by the court	49622
include sealing its records or deleting specific information from	49623
its records.	49624

(6) On a quarterly basis, the board shall prepare a report	49625
that documents the disposition of all cases during the preceding	49626
three months. The report shall contain the following information	49627
for each case with which the board has completed its activities:	49628

(a) The case number assigned to the complaint or alleged	49629
violation;	49630

(b) The type of certificate to practice, if any, held by the	49631
individual against whom the complaint is directed;	49632

(c) A description of the allegations contained in the	49633
complaint;	49634

(d) The disposition of the case.

49635

The report shall state how many cases are still pending and	49636
shall be prepared in a manner that protects the identity of each	49637
person involved in each case. The report shall be a public record	49638
under section 149.43 of the Revised Code.	49639

(G) If the secretary and supervising member determine both of	49640
the following, they may recommend that the board suspend an	49641
individual's certificate to practice without a prior hearing:	49642

(1) That there is clear and convincing evidence that an	49643
individual has violated division (B) of this section;	49644

(2) That the individual's continued practice presents a	49645
danger of immediate and serious harm to the public.	49646

Written allegations shall be prepared for consideration by	49647
the board. The board, upon review of those allegations and by an	49648
affirmative vote of not fewer than six of its members, excluding	49649
the secretary and supervising member, may suspend a certificate	49650
without a prior hearing. A telephone conference call may be	49651
utilized for reviewing the allegations and taking the vote on the	49652
summary suspension.	49653

The board shall issue a written order of suspension by	49654
certified mail or in person in accordance with section 119.07 of	49655
the Revised Code. The order shall not be subject to suspension by	49656
the court during pendency of any appeal filed under section 119.12	49657
of the Revised Code. If the individual subject to the summary	49658
suspension requests an adjudicatory hearing by the board, the date	49659
set for the hearing shall be within fifteen days, but not earlier	49660
than seven days, after the individual requests the hearing, unless	49661
otherwise agreed to by both the board and the individual.	49662

Any summary suspension imposed under this division shall	49663
remain in effect, unless reversed on appeal, until a final	49664
adjudicative order issued by the board pursuant to this section	49665
and Chapter 119. of the Revised Code becomes effective. The board	49666
shall issue its final adjudicative order within seventy-five days	49667
after completion of its hearing. A failure to issue the order	49668
within seventy-five days shall result in dissolution of the	49669
summary suspension order but shall not invalidate any subsequent,	49670
final adjudicative order.	49671

(H) If the board takes action under division (B)(9), (11), or	49672
(13) of this section and the judicial finding of guilt, guilty	49673
plea, or judicial finding of eligibility for intervention in lieu	49674
of conviction is overturned on appeal, upon exhaustion of the	49675
criminal appeal, a petition for reconsideration of the order may	49676
be filed with the board along with appropriate court documents.	49677
Upon receipt of a petition of that nature and supporting court	49678
documents, the board shall reinstate the individual's certificate	49679
to practice. The board may then hold an adjudication under Chapter	49680
119. of the Revised Code to determine whether the individual	49681
committed the act in question. Notice of an opportunity for a	49682
hearing shall be given in accordance with Chapter 119. of the	49683
Revised Code. If the board finds, pursuant to an adjudication held	49684
under this division, that the individual committed the act or if	49685
no hearing is requested, the board may order any of the sanctions	49686
identified under division (B) of this section.	49687

(I) The certificate to practice issued to an individual under	49688
this chapter and the individual's practice in this state are	49689
automatically suspended as of the date of the individual's second	49690
or subsequent plea of guilty to, or judicial finding of guilt of,	49691
a violation of section 2919.123 of the Revised Code, or the date	49692
the individual pleads guilty to, is found by a judge or jury to be	49693
guilty of, or is subject to a judicial finding of eligibility for	49694
intervention in lieu of conviction in this state or treatment or	49695
intervention in lieu of conviction in another jurisdiction for any	49696
of the following criminal offenses in this state or a	49697
substantially equivalent criminal offense in another jurisdiction:	49698
aggravated murder, murder, voluntary manslaughter, felonious	49699
assault, kidnapping, rape, sexual battery, gross sexual	49700
imposition, aggravated arson, aggravated robbery, or aggravated	49701
burglary. Continued practice after suspension shall be considered	49702
practicing without a certificate.	49703

The board shall notify the individual subject to the	49704
suspension by certified mail or in person in accordance with	49705
section 119.07 of the Revised Code. If an individual whose	49706
certificate is automatically suspended under this division fails	49707
to make a timely request for an adjudication under Chapter 119. of	49708
the Revised Code, the board shall do whichever of the following is	49709
applicable:	49710

(1) If the automatic suspension under this division is for a	49711
second or subsequent plea of guilty to, or judicial finding of	49712
guilt of, a violation of section 2919.123 of the Revised Code, the	49713
board shall enter an order suspending the individual's certificate	49714
to practice for a period of at least one year or, if determined	49715
appropriate by the board, imposing a more serious sanction	49716
involving the individual's certificate to practice.	49717

(2) In all circumstances in which division (I)(1) of this	49718
section does not apply, enter a final order permanently revoking	49719
the individual's certificate to practice.	49720

(J) If the board is required by Chapter 119. of the Revised	49721
Code to give notice of an opportunity for a hearing and if the	49722
individual subject to the notice does not timely request a hearing	49723
in accordance with section 119.07 of the Revised Code, the board	49724
is not required to hold a hearing, but may adopt, by an	49725
affirmative vote of not fewer than six of its members, a final	49726
order that contains the board's findings. In that final order, the	49727
board may order any of the sanctions identified under division (A)	49728
or (B) of this section.	49729

(K) Any action taken by the board under division (B) of this	49730
section resulting in a suspension from practice shall be	49731
accompanied by a written statement of the conditions under which	49732
the individual's certificate to practice may be reinstated. The	49733
board shall adopt rules governing conditions to be imposed for	49734
reinstatement. Reinstatement of a certificate suspended pursuant	49735
to division (B) of this section requires an affirmative vote of	49736
not fewer than six members of the board.	49737

(L) When the board refuses to grant a certificate to an	49738
applicant, revokes an individual's certificate to practice,	49739
refuses to register an applicant, or refuses to reinstate an	49740
individual's certificate to practice, the board may specify that	49741
its action is permanent. An individual subject to a permanent	49742
action taken by the board is forever thereafter ineligible to hold	49743
a certificate to practice and the board shall not accept an	49744
application for reinstatement of the certificate or for issuance	49745
of a new certificate.	49746

(M) Notwithstanding any other provision of the Revised Code,	49747
all of the following apply:	49748

(1) The surrender of a certificate issued under this chapter	49749
shall not be effective unless or until accepted by the board. A	49750
telephone conference call may be utilized for acceptance of the	49751
surrender of an individual's certificate to practice. The	49752
telephone conference call shall be considered a special meeting	49753
under division (F) of section 121.22 of the Revised Code.	49754
Reinstatement of a certificate surrendered to the board requires	49755
an affirmative vote of not fewer than six members of the board.	49756

(2) An application for a certificate made under the	49757
provisions of this chapter may not be withdrawn without approval	49758
of the board.	49759

(3) Failure by an individual to renew a certificate of	49760
registration in accordance with this chapter shall not remove or	49761
limit the board's jurisdiction to take any disciplinary action	49762
under this section against the individual.	49763

(N) Sanctions shall not be imposed under division (B)(28) of	49764
this section against any person who waives deductibles and	49765
copayments as follows:	49766

(1) In compliance with the health benefit plan that expressly	49767
allows such a practice. Waiver of the deductibles or copayments	49768
shall be made only with the full knowledge and consent of the plan	49769
purchaser, payer, and third-party administrator. Documentation of	49770
the consent shall be made available to the board upon request.	49771

(2) For professional services rendered to any other person	49772
authorized to practice pursuant to this chapter, to the extent	49773
allowed by this chapter and rules adopted by the board.	49774

(O) Under the board's investigative duties described in this	49775
section and subject to division (F) of this section, the board	49776
shall develop and implement a quality intervention program	49777
designed to improve through remedial education the clinical and	49778
communication skills of individuals authorized under this chapter	49779
to practice medicine and surgery, osteopathic medicine and	49780
surgery, and podiatric medicine and surgery. In developing and	49781
implementing the quality intervention program, the board may do	49782
all of the following:	49783

(1) Offer in appropriate cases as determined by the board an	49784
educational and assessment program pursuant to an investigation	49785
the board conducts under this section;	49786

(2) Select providers of educational and assessment services,	49787
including a quality intervention program panel of case reviewers;	49788

(3) Make referrals to educational and assessment service	49789
providers and approve individual educational programs recommended	49790
by those providers. The board shall monitor the progress of each	49791
individual undertaking a recommended individual educational	49792
program.	49793

(4) Determine what constitutes successful completion of an	49794
individual educational program and require further monitoring of	49795
the individual who completed the program or other action that the	49796
board determines to be appropriate;	49797

(5) Adopt rules in accordance with Chapter 119. of the	49798
Revised Code to further implement the quality intervention	49799
program.	49800

An individual who participates in an individual educational	49801
program pursuant to this division shall pay the financial	49802
obligations arising from that educational program.	49803

Sec. 4736.01. As used in this chapter:

49804

(A) "Environmental health science" means the aspect of public	49805
health science that includes, but is not limited to, the following	49806
bodies of knowledge: air quality, food quality and protection,	49807
hazardous and toxic substances, consumer product safety, housing,	49808
institutional health and safety, community noise control,	49809
radiation protection, recreational facilities, solid and liquid	49810
waste management, vector control, drinking water quality, milk	49811
sanitation, and rabies control.	49812

(B) "Sanitarian" means a person who performs for compensation	49813
educational, investigational, technical, or administrative duties	49814
requiring specialized knowledge and skills in the field of	49815
environmental health science.	49816

(C) "Registered sanitarian" means a person who is registered	49817
as a sanitarian in accordance with this chapter.	49818

(D) "Sanitarian-in-training" means a person who is registered	49819
as a sanitarian-in-training in accordance with this chapter.	49820

(E) "Practice of environmental health" means consultation,	49821
instruction, investigation, inspection, or evaluation by an	49822
employee of a city health district, a general health district, the	49823
environmental protection agency, the department of health, or the	49824
department of agriculture requiring specialized knowledge,	49825
training, and experience in the field of environmental health	49826
science, with the primary purpose of improving or conducting	49827
administration or enforcement under any of the following:	49828

(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or	49829
3733. of the Revised Code;	49830

(2) Chapter 3734. of the Revised Code as it pertains to solid	49831
waste;	49832

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	49833
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	49834

(4) Rules adopted under former section 3701.34 of the Revised	49835
Code pertaining to rabies control or swimming pools;	49836

(5) Rules adopted under section 3701.935 of the Revised Code	49837
for school health and safety network inspections and rules adopted	49838
under section 3707.26 of the Revised Code for sanitary	49839
inspections.	49840

"Practice of environmental health" does not include sampling,	49841
testing, controlling of vectors, reporting of observations, or	49842
other duties that do not require application of specialized	49843
knowledge and skills in environmental health science performed	49844
under the supervision of a registered sanitarian.	49845

The state board of sanitarian registration may further define	49846
environmental health science in relation to specific functions in	49847
the practice of environmental health through rules adopted by the	49848
board under Chapter 119. of the Revised Code.	49849

Sec. 4740.03. (A) The administrative section of the Ohio	49850
construction industry licensing board annually shall elect from	49851
among its members a chairperson and other officers as the board,	49852
by rule, designates. The chairperson shall preside over meetings	49853
of the administrative section or designate another member to	49854
preside in the chairperson's absence. The administrative section	49855
shall hold at least two regular meetings each year, but may meet	49856
at additional times as specified by rule, at the call of the	49857
chairperson, or upon the request of two or more members. A	49858
majority of the members of the administrative section constitutes	49859
a quorum for the transaction of all business. The administrative	49860
section may not take any action without the concurrence of at	49861
least three of its members.	49862

(B)(1) The administrative section shall employ a secretary,	49863
who is not a member of the board, to serve at the pleasure of the	49864
administrative section, and shall fix the compensation of the	49865
secretary. The secretary shall be in the unclassified civil	49866
service of the state.	49867

(2) The secretary shall do all of the following:

49868

(a) Keep or set standards for and delegate to another person	49869
the keeping of the minutes, books, and other records and files of	49870
the board and each section of the board;	49871

(b) Issue all licenses in the name of the board;

49872

(c) Send out all notices, including advance notices of	49873
meetings of the board and each section of the board, and attend to	49874
all correspondence of the board and each section of the board,	49875
under the direction of the administrative section;	49876

(d) Receive and deposit all fees payable pursuant to this	49877
chapter into the ~~labor~~industrial compliance operating fund	49878
created pursuant to section 121.084 of the Revised Code;	49879

(e) Perform all other duties incidental to the office of the	49880
secretary or properly assigned to the secretary by the	49881
administrative section of the board.	49882

(3) Before entering upon the discharge of the duties of the	49883
secretary, the secretary shall file with the treasurer of state a	49884
bond in the sum of five thousand dollars, payable to the state, to	49885
ensure the faithful performance of the secretary's duties. The	49886
board shall pay the premium of the bond in the same manner as it	49887
pays other expenditures of the board.	49888

(C) Upon the request of the administrative section of the	49889
board, the director of commerce shall supply the board and its	49890
sections with personnel, office space, and supplies, as the	49891
director determines appropriate. The administrative section of the	49892
board shall employ any additional staff it considers necessary and	49893
appropriate.	49894

(D) The chairperson of the board or the secretary, or both,	49895
as authorized by the board, shall approve all vouchers of the	49896
board.	49897

Sec. 4740.11. The Ohio construction industry licensing board	49898
and its sections shall deposit all receipts and fines collected	49899
under this chapter into the state treasury to the credit of the	49900
~~labor~~industrial compliance operating fund created in section	49901
121.084 of the Revised Code.	49902

Sec. 4740.14. (A) There is hereby created within the	49903
department of commerce the residential construction advisory	49904
committee consisting of nine persons the director of commerce	49905
appoints. The advisory committee shall be made up of the following	49906
members:	49907

(1) Three shall be general contractors who have recognized	49908
ability and experience in the construction of residential	49909
buildings.	49910

(2) Two shall be building officials who have experience	49911
administering and enforcing a residential building code.	49912

(3) One, chosen from a list of three names the Ohio fire	49913
chief's association submits, shall be from the fire service	49914
certified as a fire safety inspector who has at least ten years of	49915
experience enforcing fire or building codes.	49916

(4) One shall be a residential contractor who has recognized	49917
ability and experience in the remodeling and construction of	49918
residential buildings.	49919

(5) One shall be an architect registered pursuant to Chapter	49920
4703. of the Revised Code, with recognized ability and experience	49921
in the architecture of residential buildings.	49922

(6) One, chosen from a list of three names the Ohio municipal	49923
league submits to the director, shall be a mayor of a municipal	49924
corporation in which the Ohio residential building code is being	49925
enforced in the municipal corporation by a certified building	49926
department.	49927

(B) Terms of office shall be for three years, with each term	49928
ending on the date three years after the date of appointment. Each	49929
member shall hold office from the date of appointment until the	49930
end of the term for which the member was appointed. Vacancies	49931
shall be filled in the manner provided for initial appointments.	49932
Any member appointed to fill a vacancy in an unexpired term shall	49933
hold office for the remainder of that term.	49934

49935

(1) Recommend to the board of building standards a building	49936
code for residential buildings. The committee shall recommend a	49937
code that it may model on a residential building code a national	49938
model code organization issues, with adaptations necessary to	49939
implement the code in this state. If the board of building	49940
standards decides not to adopt a code the committee recommends,	49941
the committee shall revise the code and resubmit it until the	49942
board adopts a code the committee recommends as the state	49943
residential building code;	49944

(2) Advise the board regarding the establishment of standards	49945
for certification of building officials who enforce the state	49946
residential building code;	49947

(3) Assist the board in providing information and guidance to	49948
residential contractors and building officials who enforce the	49949
state residential building code;	49950

(4) Advise the board regarding the interpretation of the	49951
state residential building code;	49952

(5) Provide other assistance the committee considers	49953
necessary;	49954

(6) Provide the board with a written report of the	49955
committee's findings for each consideration required by division	49956
(D) of this section.	49957

(D) The committee shall not make its recommendation to the	49958
board pursuant to divisions (C)(1), (2), and (4) of this section	49959
until the advisory committee has considered all of the following:	49960

(1) The impact that the state residential building code may	49961
have upon the health, safety, and welfare of the public;	49962

(2) The economic reasonableness of the residential building	49963
code;	49964

(3) The technical feasibility of the residential building	49965
code;	49966

(4) The financial impact that the residential building code	49967
may have on the public's ability to purchase affordable housing.	49968

(E) The advisory committee may provide the board with any	49969
rule the committee recommends to update or amend the state	49970
residential building code or any rule that the committee	49971
recommends to update or amend the state residential building code	49972
after receiving a petition described in division (A)(2) of section	49973
3781.12 of the Revised Code.	49974

(F) Members of the advisory committee shall receive no salary	49975
for the performance of their duties as members, but shall receive	49976
their actual and necessary expenses incurred in the performance of	49977
their duties as members of the advisory committee and shall	49978
receive a per diem for each day in attendance at an official	49979
meeting of the committee, to be paid from the ~~labor~~industrial	49980
compliance operating fund in the state treasury, using fees	49981
collected in connection with residential buildings pursuant to	49982
division (F)(2) of section 3781.102 of the Revised Code and	49983
deposited in that fund.	49984

(G) The advisory committee is not subject to divisions (A)	49985
and (B) of section 101.84 of the Revised Code.	49986

Sec. 4743.05. Except as otherwise provided in sections	49987
4701.20, 4723.062, 4723.082, ~~and~~ 4729.65, 4781.121, and 4781.28 of	49988
the Revised Code, all money collected under Chapters 3773., 4701.,	49989
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	49990
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	49991
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code	49992
shall be paid into the state treasury to the credit of the	49993
occupational licensing and regulatory fund, which is hereby	49994
created for use in administering such chapters.	49995

At the end of each quarter, the director of budget and	49996
management shall transfer from the occupational licensing and	49997
regulatory fund to the nurse education assistance fund created in	49998
section 3333.28 of the Revised Code the amount certified to the	49999
director under division (B) of section 4723.08 of the Revised	50000
Code.	50001

At the end of each quarter, the director shall transfer from	50002
the occupational licensing and regulatory fund to the certified	50003
public accountant education assistance fund created in section	50004
4701.26 of the Revised Code the amount certified to the director	50005
under division (H)(2) of section 4701.10 of the Revised Code.	50006

Sec. 4763.05. (A)(1)(a) A person shall make application for	50007
an initial state-certified general real estate appraiser	50008
certificate, an initial state-certified residential real estate	50009
appraiser certificate, an initial state-licensed residential real	50010
estate appraiser license, or an initial state-registered real	50011
estate appraiser assistant registration in writing to the	50012
superintendent of real estate on a form the superintendent	50013
prescribes. The application shall include the address of the	50014
applicant's principal place of business and all other addresses at	50015
which the applicant currently engages in the business of preparing	50016
real estate appraisals and the address of the applicant's current	50017
residence. The superintendent shall retain the applicant's current	50018
residence address in a separate record which ~~shall~~does not	50019
constitute a public record for purposes of section ~~149.03~~149.43	50020
of the Revised Code. The application shall indicate whether the	50021
applicant seeks certification as a general real estate appraiser	50022
or as a residential real estate appraiser, licensure as a	50023
residential real estate appraiser, or registration as a real	50024
estate appraiser assistant and be accompanied by the prescribed	50025
examination and certification, registration, or licensure fees set	50026
forth in section 4763.09 of the Revised Code. The application also	50027
shall include a pledge, signed by the applicant, that the	50028
applicant will comply with the standards set forth in this	50029
chapter; and a statement that the applicant understands the types	50030
of misconduct for which disciplinary proceedings may be initiated	50031
against the applicant pursuant to this chapter.	50032

(b) Upon the filing of an application and payment of any	50033
examination and certification, registration, or licensure fees,	50034
the superintendent of real estate shall request the superintendent	50035
of the bureau of criminal identification and investigation, or a	50036
vendor approved by the bureau, to conduct a criminal records check	50037
based on the applicant's fingerprints in accordance with ~~division~~	50038
~~(A)(11) of~~ section 109.572 of the Revised Code. Notwithstanding	50039
division (K) of section 121.08 of the Revised Code, the	50040
superintendent of real estate shall request that criminal record	50041
information from the federal bureau of investigation be obtained	50042
as part of the criminal records check. Any fee required under	50043
division (C)(3) of section 109.572 of the Revised Code shall be	50044
paid by the applicant.	50045

(2) For purposes of providing funding for the real estate	50046
appraiser recovery fund established by section 4763.16 of the	50047
Revised Code, the real estate appraiser board shall levy an	50048
assessment against each person issued an initial certificate,	50049
registration, or license and against current licensees,	50050
registrants, and certificate holders, as required by board rule.	50051
The assessment is in addition to the application and examination	50052
fees for initial applicants required by division (A)(1) of this	50053
section and the renewal fees required for current certificate	50054
holders, registrants, and licensees. The superintendent of real	50055
estate shall deposit the assessment into the state treasury to the	50056
credit of the real estate appraiser recovery fund. The assessment	50057
for initial certificate holders, registrants, and licensees shall	50058
be paid prior to the issuance of a certificate, registration, or	50059
license, and for current certificate holders, registrants, and	50060
licensees, at the time of renewal.	50061

(B) An applicant for an initial general real estate appraiser	50062
certificate, residential real estate appraiser certificate, or	50063
residential real estate appraiser license shall possess experience	50064
in real estate appraisal as the board prescribes by rule. In	50065
addition to any other information required by the board, the	50066
applicant shall furnish, under oath, a detailed listing of the	50067
appraisal reports or file memoranda for each year for which	50068
experience is claimed and, upon request of the superintendent or	50069
the board, shall make available for examination a sample of the	50070
appraisal reports prepared by the applicant in the course of the	50071
applicant's practice.	50072

(C) An applicant for an initial certificate, registration, or	50073
license shall be at least eighteen years of age, honest, truthful,	50074
and of good reputation and shall present satisfactory evidence to	50075
the superintendent that the applicant has successfully completed	50076
any education requirements the board prescribes by rule.	50077

(D) An applicant for an initial general real estate appraiser	50078
or residential real estate appraiser certificate or residential	50079
real estate appraiser license shall take and successfully complete	50080
a written examination in order to qualify for the certificate or	50081
license.	50082

The board shall prescribe the examination requirements by	50083
rule.	50084

(E)(1) A nonresident, natural person of this state who has	50085
complied with this section may obtain a certificate, registration,	50086
or license. The board shall adopt rules relating to the	50087
certification, registration, and licensure of a nonresident	50088
applicant whose state of residence the board determines to have	50089
certification, registration, or licensure requirements that are	50090
substantially similar to those set forth in this chapter and the	50091
rules adopted thereunder.	50092

(2) The board shall recognize on a temporary basis a	50093
certification or license issued in another state and shall	50094
register on a temporary basis an appraiser who is certified or	50095
licensed in another state if all of the following apply:	50096

(a) The temporary registration is to perform an appraisal	50097
assignment that is part of a federally related transaction.	50098

(b) The appraiser's business in this state is of a temporary	50099
nature.	50100

(c) The appraiser registers with the board pursuant to this	50101
division.	50102

An appraiser who is certified or licensed in another state	50103
shall register with the board for temporary practice before	50104
performing an appraisal assignment in this state in connection	50105
with a federally related transaction.	50106

The board shall adopt rules relating to registration for the	50107
temporary recognition of certification and licensure of appraisers	50108
from another state. The registration for temporary recognition of	50109
certified or licensed appraisers from another state shall not	50110
authorize completion of more than one appraisal assignment in this	50111
state. The board shall not issue more than two registrations for	50112
temporary practice to any one applicant in any calendar year.	50113

(3) In addition to any other information required to be	50114
submitted with the nonresident applicant's or appraiser's	50115
application for a certificate, registration, license, or temporary	50116
recognition of a certificate or license, each nonresident	50117
applicant or appraiser shall submit a statement consenting to the	50118
service of process upon the nonresident applicant or appraiser by	50119
means of delivering that process to the secretary of state if, in	50120
an action against the applicant, certificate holder, registrant,	50121
or licensee arising from the applicant's, certificate holder's,	50122
registrant's, or licensee's activities as a certificate holder,	50123
registrant, or licensee, the plaintiff, in the exercise of due	50124
diligence, cannot effect personal service upon the applicant,	50125
certificate holder, registrant, or licensee.	50126

(F) The superintendent shall not issue a certificate,	50127
registration, or license to, or recognize on a temporary basis an	50128
appraiser from another state that is a corporation, partnership,	50129
or association. This prohibition shall not be construed to prevent	50130
a certificate holder or licensee from signing an appraisal report	50131
on behalf of a corporation, partnership, or association.	50132

(G) Every person licensed, registered, or certified under	50133
this chapter shall notify the superintendent, on a form provided	50134
by the superintendent, of a change in the address of the	50135
licensee's, registrant's, or certificate holder's principal place	50136
of business or residence within thirty days of the change. If a	50137
licensee's, registrant's, or certificate holder's license,	50138
registration, or certificate is revoked or not renewed, the	50139
licensee, registrant, or certificate holder immediately shall	50140
return the annual and any renewal certificate, registration, or	50141
license to the superintendent.	50142

(H)(1) The superintendent shall not issue a certificate,	50143
registration, or license to any person, or recognize on a	50144
temporary basis an appraiser from another state, who does not meet	50145
applicable minimum criteria for state certification, registration,	50146
or licensure prescribed by federal law or rule.	50147

(2) The superintendent shall not issue a general real estate	50148
appraiser certificate, residential real estate appraiser	50149
certificate, residential real estate appraiser license, or real	50150
estate appraiser assistant registration to any person who has been	50151
convicted of or pleaded guilty to any criminal offense involving	50152
theft, receiving stolen property, embezzlement, forgery, fraud,	50153
passing bad checks, money laundering, or drug trafficking, or any	50154
criminal offense involving money or securities, including a	50155
violation of an existing or former law of this state, any other	50156
state, or the United States that substantially is equivalent to	50157
such an offense. However, if the applicant has pleaded guilty to	50158
or been convicted of such an offense, the superintendent shall not	50159
consider the offense if the applicant has proven to the	50160
superintendent, by a preponderance of the evidence, that the	50161
applicant's activities and employment record since the conviction	50162
show that the applicant is honest, truthful, and of good	50163
reputation, and there is no basis in fact for believing that the	50164
applicant will commit such an offense again.	50165

Sec. 4765.02. (A)(1) There is hereby created the state board	50166
of emergency medical and transportation services within the	50167
division of emergency medical services of the department of public	50168
safety. The board shall consist of the members specified in this	50169
section who are residents of this state. The governor, with the	50170
advice and consent of the senate, shall appoint all members of the	50171
board, except the employee of the department of public safety	50172
designated by the director of public safety under this section to	50173
be a member of the board. In making the appointments, the governor	50174
shall appoint only members with background or experience in	50175
emergency medical services or trauma care and shall attempt to	50176
include members representing urban and rural areas, various	50177
geographical regions of the state, and various schools of	50178
training.	50179

~~One member of the board shall be a physician certified by the~~	50180
~~American board of emergency medicine or the American osteopathic~~	50181
~~board of emergency medicine who is active in the practice of~~	50182
~~emergency medicine and is actively involved with an emergency~~	50183
~~medical service organization. The governor shall appoint this~~	50184
~~member from among three persons nominated by the Ohio chapter of~~	50185
~~the American college of emergency physicians and three persons~~	50186
~~nominated by the Ohio osteopathic association.~~(2) One member	50187
shall be a physician certified by the American board of surgery or	50188
the American osteopathic board of surgery who is active in the	50189
practice of trauma surgery and is actively involved with emergency	50190
medical services. The ~~governor shall appoint this member from~~	50191
~~among three persons nominated by the~~ Ohio chapter of the American	50192
college of surgeons and ~~three persons nominated by~~ the Ohio	50193
osteopathic association may recommend persons to the governor to	50194
be this member. One member shall be a physician certified by the	50195
American academy of pediatrics or American osteopathic board of	50196
pediatrics who is active in the practice of pediatric emergency	50197
medicine and actively involved with an emergency medical service	50198
organization. The ~~governor shall appoint this member from among~~	50199
~~three persons nominated by the~~ Ohio chapter of the American	50200
academy of pediatrics may recommend persons to the governor to be	50201
this member. One member shall be the administrator of an adult or	50202
pediatric trauma center. The ~~governor shall appoint this member~~	50203
~~from among three persons nominated by the~~ OHA: the association for	50204
hospitals and health systems, ~~three persons nominated by~~ the Ohio	50205
osteopathic association, ~~three persons nominated by~~ the	50206
association of Ohio children's hospitals, and ~~three persons~~	50207
~~nominated by~~ the health forum of Ohio may recommend persons to the	50208
governor to be this member. One member shall be the administrator	50209
of a hospital that is not a trauma center. The ~~governor shall~~	50210
~~appoint this member from among three persons nominated by~~ OHA: the	50211
association for hospitals and health systems, ~~three persons~~	50212
~~nominated by~~ the Ohio osteopathic association, ~~three persons~~	50213
~~nominated by~~ the association of Ohio children's hospitals, and	50214
~~three persons nominated by~~ the health forum of Ohio may recommend	50215
persons to the governor to be this member. One member shall be a	50216
registered nurse who is in the active practice of emergency	50217
nursing. The ~~governor shall appoint this member from among three~~	50218
~~persons nominated by the~~ Ohio nurses association and ~~three persons~~	50219
~~nominated by~~ the Ohio state council of the emergency nurses	50220
association may recommend persons to the governor to be this	50221
member. One member shall be the chief of a fire department that is	50222
also an emergency medical service organization in which more than	50223
fifty per cent of the persons who provide emergency medical	50224
services are full-time paid employees. The ~~governor shall appoint~~	50225
~~this member from among three persons nominated by the~~ Ohio fire	50226
chiefs' association may recommend persons to the governor to be	50227
this member. One member shall be the chief of a fire department	50228
that is also an emergency medical service organization in which	50229
more than fifty per cent of the persons who provide emergency	50230
medical services are volunteers. The ~~governor shall appoint this~~	50231
~~member from among three persons nominated by the~~ Ohio fire chiefs'	50232
association may recommend persons to the governor to be this	50233
member. One member shall be a person who is certified to teach	50234
under section 4765.23 of the Revised Code or, if the board has not	50235
yet certified persons to teach under that section, a person who is	50236
qualified to be certified to teach under that section. The	50237
~~governor shall appoint this member from among three persons~~	50238
~~nominated by the~~ Ohio emergency medical technician instructors	50239
association and the Ohio instructor/coordinators' society may	50240
recommend persons to the governor to be this member. One member	50241
shall be an EMT-basic,and one member shall be an EMT-I~~, and one~~	50242
~~shall be a paramedic~~. The ~~governor shall appoint these members~~	50243
~~from among three EMTs-basic, three EMTs-I, and three paramedics~~	50244
~~nominated by the~~ Ohio association of professional fire fighters	50245
~~and three EMTs-basic, three EMTs-I, and three paramedics nominated~~	50246
by, the northern Ohio fire fighters~~. One member shall be an~~	50247
~~EMT-basic, one shall be an EMT-I, and one shall be a paramedic~~	50248
~~whom the governor shall appoint from among three EMTs-basic, three~~	50249
~~EMTs-I, and three paramedics nominated by~~, the Ohio state	50250
firefighter's association~~. One member shall be a person whom the~~	50251
~~governor shall appoint from among an EMT-basic, an EMT-I, and a~~	50252
~~paramedic nominated by~~, and the Ohio association of emergency	50253
medical services may recommend persons to the governor to be this	50254
member. ~~The governor shall appoint one~~One member ~~who is an~~	50255
~~EMT-basic, EMT-I, or paramedic~~shall be affiliated with an	50256
emergency medical services organization. ~~One member shall be a~~	50257
~~member of the Ohio ambulance association whom the governor shall~~	50258
~~appoint from among three persons nominated by the Ohio ambulance~~	50259
~~association.~~ One member shall be a physician certified by the	50260
American board of surgery, American board of osteopathic surgery,	50261
American osteopathic board of emergency medicine, or American	50262
board of emergency medicine who is the chief medical officer of an	50263
air medical agency and is currently active in providing emergency	50264
medical services. ~~The governor shall appoint this member from~~	50265
~~among three persons nominated by the~~ Ohio association of air	50266
medical services may recommend persons to the governor to be this	50267
member. One member shall be a consumer of emergency medical	50268
services who is not associated with any public or private	50269
emergency medical service organization. One member shall be a	50270
representative of the commercial medical transportation industry.	50271
The Ohio ambulance association may recommend persons to the	50272
governor to be this member. One member shall be the owner or	50273
operator of a private emergency medical service organization. Two	50274
members shall be members of the Ohio association of critical care	50275
transport, one member representing air-based services and the	50276
other representing a ground-based mobile intensive care unit	50277
organization. One member shall be the owner or operator of a	50278
nonemergency medical service organization that provides ambulette	50279
services only.	50280

The governor, in the governor's discretion, may refuse to	50281
appoint any of the persons ~~nominated~~recommended by one or more	50282
organizations under division (A)(2) of this section, except the	50283
employee of the department of public safety designated by the	50284
director of public safety under this section to be a member of the	50285
board. ~~In that event, the organization or organizations shall~~	50286
~~continue to nominate the required number of persons until the~~	50287
~~governor appoints to the board one or more of the persons~~	50288
~~nominated by the organization or organizations.~~	50289

The director of public safety shall designate an employee of	50290
the department of public safety to serve as a member of the board	50291
at the director's pleasure. This member shall serve as a liaison	50292
between the department and the division of emergency medical	50293
services in cooperation with the executive director of the board.	50294

~~Initial appointments to the board by the governor and the~~	50295
~~director of public safety shall be made within ninety days after~~	50296
~~November 12, 1992. Of the initial appointments by the governor,~~	50297
~~five shall be for terms ending one year after November 12, 1992,~~	50298
~~six shall be for terms ending two years after November 12, 1992,~~	50299
~~and six shall be for terms ending three years after November 12,~~	50300
~~1992. Within ninety days after the effective date of this~~	50301
~~amendment, the governor shall appoint the member of the board who~~	50302
~~is the chief medical officer of an air medical agency for an~~	50303
~~initial term ending November 12, 2000. Thereafter, terms~~	50304

(B) Terms of office of all members appointed by the governor	50305
shall be for three years, each term ending on the same day of the	50306
same month as did the term it succeeds. Each member shall hold	50307
office from the date of appointment until the end of the term for	50308
which the member was appointed. A member shall continue in office	50309
subsequent to the expiration date of the member's term until the	50310
member's successor takes office, or until a period of sixty days	50311
has elapsed, whichever occurs first.	50312

Each vacancy shall be filled in the same manner as the	50313
original appointment. A member appointed to fill a vacancy	50314
occurring prior to the expiration of the term for which the	50315
member's predecessor was appointed shall hold office for the	50316
remainder of the unexpired term.	50317

The term of a member shall expire if the member ceases to	50318
meet any of the requirements to be appointed as that member. The	50319
governor may remove any member from office for neglect of duty,	50320
malfeasance, misfeasance, or nonfeasance, after an adjudication	50321
hearing held in accordance with Chapter 119. of the Revised Code.	50322

(C) The members of the board shall serve without compensation	50323
but shall be reimbursed for their actual and necessary expenses	50324
incurred in carrying out their duties as board members.	50325

(D) The board shall organize by annually selecting a chair	50326
and vice-chair from among its members. The board may adopt bylaws	50327
to regulate its affairs. A majority of all members of the board	50328
shall constitute a quorum. No action shall be taken without the	50329
concurrence of a majority of all members of the board. The board	50330
shall meet at least four times annually and at the call of the	50331
chair. The chair shall call a meeting on the request of the	50332
executive director or the medical director of the board or on the	50333
written request of five members. The board shall maintain written	50334
or electronic records of its meetings.	50335

(E) Upon twenty-four hours' notice from a member of the	50336
board, the member's employer shall release the member from the	50337
member's employment duties to attend meetings of the full board.	50338
Nothing in this ~~paragraph~~division requires the employer of a	50339
member of the board to compensate the member for time the member	50340
is released from employment duties under this paragraph, but any	50341
civil immunity, workers' compensation, disability, or similar	50342
coverage that applies to a member of the board as a result of the	50343
member's employment shall continue to apply while the member is	50344
released from employment duties under this paragraph.	50345

Sec. 4765.03. (A) The director of public safety shall	50346
appoint a full-time executive director for the state board of	50347
emergency medical and transportation services. The executive	50348
director shall be knowledgeable in emergency medical services and	50349
trauma care and shall serve at the pleasure of the director of	50350
public safety. The director of public safety shall appoint the	50351
executive director from among three persons nominated by the	50352
board. The director of public safety may refuse, for cause, to	50353
appoint any of the board's nominees. If the director fails to	50354
appoint any of the board's nominees, the board shall continue to	50355
nominate groups of three persons until the director does appoint	50356
one of the board's nominees. The executive director shall serve as	50357
the chief executive officer of the board and as the executive	50358
director of the division of emergency medical services. The	50359
executive director shall attend each meeting of the board, except	50360
the board may exclude the executive director from discussions	50361
concerning the employment or performance of the executive director	50362
or medical director of the board. The executive director shall	50363
give a surety bond to the state in such sum as the board	50364
determines, conditioned on the faithful performance of the duties	50365
of the executive director's office. The executive director shall	50366
receive a salary from the board and shall be reimbursed for actual	50367
and necessary expenses incurred in carrying out duties as	50368
executive director.	50369

The executive director shall submit a report to the director	50370
of public safety at least every three months regarding the status	50371
of emergency medical services in this state. The executive	50372
director shall meet with the director of public safety at the	50373
director's request.	50374

(B) The board shall appoint a medical director, who shall	50375
serve at the pleasure of the board. The medical director shall be	50376
a physician certified by the American board of emergency medicine	50377
or the American osteopathic board of emergency medicine who is	50378
active in the practice of emergency medicine and has been actively	50379
involved with an emergency medical service organization for at	50380
least five years prior to being appointed. The board shall	50381
consider any recommendations for this appointment from the Ohio	50382
chapter of the American college of emergency physicians, the Ohio	50383
chapter of the American college of surgeons, the Ohio chapter of	50384
the American academy of pediatrics, the Ohio osteopathic	50385
association, and the Ohio state medical association.	50386

The medical director shall direct the executive director and	50387
advise the board with regard to adult and pediatric trauma and	50388
emergency medical services issues. The medical director shall	50389
attend each meeting of the board, except the board may exclude the	50390
medical director from discussions concerning the appointment or	50391
performance of the medical director or executive director of the	50392
board. The medical director shall be employed and paid by the	50393
board and shall be reimbursed for actual and necessary expenses	50394
incurred in carrying out duties as medical director.	50395

(C) The board may appoint employees as it determines	50396
necessary. The board shall prescribe the duties and titles of its	50397
employees.	50398

Sec. 4765.04. (A) The firefighter and fire safety inspector	50399
training committee of the state board of emergency medical and	50400
transportation services is hereby created and shall consist of the	50401
members of the board who are chiefs of fire departments, and the	50402
members of the board who are emergency medical technicians-basic,	50403
emergency medical technicians-intermediate, and emergency medical	50404
technicians-paramedic appointed from among persons nominated by	50405
the Ohio association of professional fire fighters or the northern	50406
Ohio fire fighters and from among persons nominated by the Ohio	50407
state firefighter's association. Each member of the committee,	50408
except the chairperson, may designate a person with fire	50409
experience to serve in that member's place. The members of the	50410
committee or their designees shall select a chairperson from among	50411
the members or their designees.	50412

The committee may conduct investigations in the course of	50413
discharging its duties under this chapter. In the course of an	50414
investigation, the committee may issue subpoenas. If a person	50415
subpoenaed fails to comply with the subpoena, the committee may	50416
authorize its chairperson to apply to the court of common pleas in	50417
the county where the person to be subpoenaed resides for an order	50418
compelling compliance in the same manner as compliance with a	50419
subpoena issued by the court is compelled.	50420

(B) The trauma committee of the state board of emergency	50421
medical and transportation services is hereby created and shall	50422
consist of the following members appointed by the director of	50423
public safety:	50424

(1) A physician who is certified by the American board of	50425
surgery or American osteopathic board of surgery and actively	50426
practices general trauma surgery, appointed from among three	50427
persons nominated by the Ohio chapter of the American college of	50428
surgeons, three persons nominated by the Ohio state medical	50429
association, and three persons nominated by the Ohio osteopathic	50430
association;	50431

(2) A physician who is certified by the American board of	50432
surgery or the American osteopathic board of surgery and actively	50433
practices orthopedic trauma surgery, appointed from among three	50434
persons nominated by the Ohio orthopedic society and three persons	50435
nominated by the Ohio osteopathic association;	50436

(3) A physician who is certified by the American board of	50437
neurological surgeons or the American osteopathic board of surgery	50438
and actively practices neurosurgery on trauma victims, appointed	50439
from among three persons nominated by the Ohio state neurological	50440
society and three persons nominated by the Ohio osteopathic	50441
association;	50442

(4) A physician who is certified by the American board of	50443
surgeons or American osteopathic board of surgeons and actively	50444
specializes in treating burn victims, appointed from among three	50445
persons nominated by the Ohio chapter of the American college of	50446
surgeons and three persons nominated by the Ohio osteopathic	50447
association;	50448

(5) A dentist who is certified by the American board of oral	50449
and maxillofacial surgery and actively practices oral and	50450
maxillofacial surgery, appointed from among three persons	50451
nominated by the Ohio dental association;	50452

(6) A physician who is certified by the American board of	50453
physical medicine and rehabilitation or American osteopathic board	50454
of rehabilitation medicine and actively provides rehabilitative	50455
care to trauma victims, appointed from among three persons	50456
nominated by the Ohio society of physical medicine and	50457
rehabilitation and three persons nominated by the Ohio osteopathic	50458
association;	50459

(7) A physician who is certified by the American board of	50460
surgery or American osteopathic board of surgery with special	50461
qualifications in pediatric surgery and actively practices	50462
pediatric trauma surgery, appointed from among three persons	50463
nominated by the Ohio chapter of the American academy of	50464
pediatrics and three persons nominated by the Ohio osteopathic	50465
association;	50466

(8) A physician who is certified by the American board of	50467
emergency medicine or American osteopathic board of emergency	50468
medicine, actively practices emergency medicine, and is actively	50469
involved in emergency medical services, appointed from among three	50470
persons nominated by the Ohio chapter of the American college of	50471
emergency physicians and three persons nominated by the Ohio	50472
osteopathic association;	50473

(9) A physician who is certified by the American board of	50474
pediatrics, American osteopathic board of pediatrics, or American	50475
board of emergency medicine, is sub-boarded in pediatric emergency	50476
medicine, actively practices pediatric emergency medicine, and is	50477
actively involved in emergency medical services, appointed from	50478
among three persons nominated by the Ohio chapter of the American	50479
academy of pediatrics, three persons nominated by the Ohio chapter	50480
of the American college of emergency physicians, and three persons	50481
nominated by the Ohio osteopathic association;	50482

(10) A physician who is certified by the American board of	50483
surgery, American osteopathic board of surgery, or American board	50484
of emergency medicine and is the chief medical officer of an air	50485
medical organization, appointed from among three persons nominated	50486
by the Ohio association of air medical services;	50487

(11) A coroner or medical examiner appointed from among three	50488
people nominated by the Ohio state coroners' association;	50489

(12) A registered nurse who actively practices trauma nursing	50490
at an adult or pediatric trauma center, appointed from among three	50491
persons nominated by the Ohio association of trauma nurse	50492
coordinators;	50493

(13) A registered nurse who actively practices emergency	50494
nursing and is actively involved in emergency medical services,	50495
appointed from among three persons nominated by the Ohio chapter	50496
of the emergency nurses' association;	50497

(14) The chief trauma registrar of an adult or pediatric	50498
trauma center, appointed from among three persons nominated by the	50499
alliance of Ohio trauma registrars;	50500

(15) The administrator of an adult or pediatric trauma	50501
center, appointed from among three persons nominated by OHA: the	50502
association for hospitals and health systems, three persons	50503
nominated by the Ohio osteopathic association, three persons	50504
nominated by the association of Ohio children's hospitals, and	50505
three persons nominated by the health forum of Ohio;	50506

(16) The administrator of a hospital that is not a trauma	50507
center and actively provides emergency care to adult or pediatric	50508
trauma patients, appointed from among three persons nominated by	50509
OHA: the association for hospitals and health systems, three	50510
persons nominated by the Ohio osteopathic association, three	50511
persons nominated by the association of Ohio children's hospitals,	50512
and three persons nominated by the health forum of Ohio;	50513

(17) The operator of an ambulance company that actively	50514
provides trauma care to emergency patients, appointed from among	50515
three persons nominated by the Ohio ambulance association;	50516

(18) The chief of a fire department that actively provides	50517
trauma care to emergency patients, appointed from among three	50518
persons nominated by the Ohio fire chiefs' association;	50519

(19) An EMT or paramedic who is certified under this chapter	50520
and actively provides trauma care to emergency patients, appointed	50521
from among three persons nominated by the Ohio association of	50522
professional firefighters, three persons nominated by the northern	50523
Ohio fire fighters, three persons nominated by the Ohio state	50524
firefighters' association, and three persons nominated by the Ohio	50525
association of emergency medical services;	50526

(20) A person who actively advocates for trauma victims,	50527
appointed from three persons nominated by the Ohio brain injury	50528
association and three persons nominated by the governor's council	50529
on people with disabilities;	50530

(21) A physician or nurse who has substantial administrative	50531
responsibility for trauma care provided in or by an adult or	50532
pediatric trauma center, appointed from among three persons	50533
nominated by OHA: the association for hospitals and health	50534
systems, three persons nominated by the Ohio osteopathic	50535
association, three persons nominated by the association of Ohio	50536
children's hospitals, and three persons nominated by the health	50537
forum of Ohio;	50538

(22) Three representatives of hospitals that are not trauma	50539
centers and actively provide emergency care to trauma patients,	50540
appointed from among three persons nominated by OHA: the	50541
association for hospitals and health systems, three persons	50542
nominated by the Ohio osteopathic association, three persons	50543
nominated by the association of Ohio children's hospitals, and	50544
three persons nominated by the health forum of Ohio. The	50545
representatives may be hospital administrators, physicians,	50546
nurses, or other clinical professionals.	50547

Members of the committee shall have substantial experience in	50548
the categories they represent, shall be residents of this state,	50549
and may be members of the state board of emergency medical and	50550
transportation services. In appointing members of the committee,	50551
the director shall attempt to include members representing urban	50552
and rural areas, various geographical areas of the state, and	50553
various schools of training. The director shall not appoint to the	50554
committee more than one member who is employed by or practices at	50555
the same hospital, health system, or emergency medical service	50556
organization.	50557

The director may refuse to appoint any of the persons	50558
nominated by an organization or organizations under this division.	50559
In that event, the organization or organizations shall continue to	50560
nominate the required number of persons until the director	50561
appoints to the committee one or more of the persons nominated by	50562
the organization or organizations.	50563

Initial appointments to the committee shall be made by the	50564
director not later than ninety days after November 3, 2000.	50565
Members of the committee shall serve at the pleasure of the	50566
director, except that any member of the committee who ceases to be	50567
qualified for the position to which the member was appointed shall	50568
cease to be a member of the committee. Vacancies on the committee	50569
shall be filled in the same manner as original appointments.	50570

The members of the committee shall serve without compensation	50571
but shall be reimbursed for actual and necessary expenses incurred	50572
in carrying out duties as members of the committee.	50573

The committee shall select a chairperson and vice-chairperson	50574
from among its members. A majority of all members of the committee	50575
shall constitute a quorum. No action shall be taken without the	50576
concurrence of a majority of all members of the committee. The	50577
committee shall meet at the call of the chair, upon written	50578
request of five members of the committee, and at the direction of	50579
the state board of emergency medical and transportation services.	50580
The committee shall not meet at times or locations that conflict	50581
with meetings of the board. The executive director and medical	50582
director of the state board of emergency medical and	50583
transportation services may participate in any meeting of the	50584
committee and shall do so at the request of the committee.	50585

The committee shall advise and assist the state board of	50586
emergency medical and transportation services in matters related	50587
to adult and pediatric trauma care and the establishment and	50588
operation of the state trauma registry. In matters relating to the	50589
state trauma registry, the board and the committee shall consult	50590
with trauma registrars from adult and pediatric trauma centers in	50591
the state. The committee may appoint a subcommittee to advise and	50592
assist with the trauma registry. The subcommittee may include	50593
persons with expertise relevant to the trauma registry who are not	50594
members of the board or committee.	50595

(C) The state board of emergency medical and transportation	50596
services may appoint other committees and subcommittees as it	50597
considers necessary.	50598

(D) The state board of emergency medical and transportation	50599
services, and any of its committees or subcommittees, may request	50600
assistance from any state agency. The board and its committees and	50601
subcommittees may permit persons who are not members of those	50602
bodies to participate in deliberations of those bodies, but no	50603
person who is not a member of the board shall vote on the board	50604
and no person who is not a member of a committee created under	50605
division (A) or (B) of this section shall vote on that committee.	50606

(E) Sections 101.82 to 101.87 of the Revised Code do not	50607
apply to the committees established under division (A) or (B) of	50608
this section.	50609

Sec. 4765.05. (A) As used in this section, "prehospital	50610
emergency medical services" means an emergency medical services	50611
system that provides medical services to patients who require	50612
immediate assistance, because of illness or injury, prior to their	50613
arrival at an emergency medical facility.	50614

(B) The state board of emergency medical and transportation	50615
services shall divide the state geographically into prehospital	50616
emergency medical services regions for purposes of overseeing the	50617
delivery of adult and pediatric prehospital emergency medical	50618
services. For each prehospital emergency medical services region,	50619
the state board of emergency medical and transportation services	50620
shall appoint either a physician to serve as the regional director	50621
or a physician advisory board to serve as the regional advisory	50622
board. The state board of emergency medical and transportation	50623
services shall specify the duties of each regional director and	50624
regional advisory board. Regional directors and members of	50625
regional advisory boards shall serve without compensation, but	50626
shall be reimbursed for actual and necessary expenses incurred in	50627
carrying out duties as regional directors and members of regional	50628
advisory boards.	50629

(C) Nothing in this section shall be construed to limit in	50630
any way the ability of a hospital to determine the market area of	50631
that hospital.	50632

Sec. 4765.06. (A) The state board of emergency medical and	50633
transportation services shall establish an emergency medical	50634
services incidence reporting system for the collection of	50635
information regarding the delivery of emergency medical services	50636
in this state and the frequency at which the services are	50637
provided. All emergency medical service organizations shall submit	50638
to the board any information that the board determines is	50639
necessary for maintaining the incidence reporting system.	50640

(B) The board shall establish a state trauma registry to be	50641
used for the collection of information regarding the care of adult	50642
and pediatric trauma victims in this state. The registry shall	50643
provide for the reporting of adult and pediatric trauma-related	50644
deaths, identification of adult and pediatric trauma patients,	50645
monitoring of adult and pediatric trauma patient care data,	50646
determination of the total amount of uncompensated adult and	50647
pediatric trauma care provided annually by each facility that	50648
provides care to trauma victims, and collection of any other	50649
information specified by the board. All persons designated by the	50650
board shall submit to the board any information it determines is	50651
necessary for maintaining the state trauma registry. At the	50652
request of the board any state agency possessing information	50653
regarding adult or pediatric trauma care shall provide the	50654
information to the board. The board shall maintain the state	50655
trauma registry in accordance with rules adopted under section	50656
4765.11 of the Revised Code.	50657

Rules relating to the state trauma registry adopted under	50658
this section and section 4765.11 of the Revised Code shall not	50659
prohibit the operation of other trauma registries and may provide	50660
for the reporting of information to the state trauma registry by	50661
or through other trauma registries in a manner consistent with	50662
information otherwise reported to the state trauma registry. Other	50663
trauma registries may report aggregate information to the state	50664
trauma registry, provided the information can be matched to the	50665
person that reported it. Information maintained by another trauma	50666
registry and reported to the state trauma registry in lieu of	50667
being reported directly to the state trauma registry is a public	50668
record and shall be maintained, made available to the public, held	50669
in confidence, risk adjusted, and not subject to discovery or	50670
introduction into evidence in a civil action as provided in	50671
section 149.43 of the Revised Code and this section. Any person	50672
who provides, maintains, or risk adjusts such information shall	50673
comply with this section and rules adopted under it in performing	50674
that function and has the same immunities with respect to that	50675
function as a person who performs that function with respect to	50676
the state trauma registry.	50677

(C) The board and any employee or contractor of the board or	50678
the department of public safety shall not make public information	50679
it receives under Chapter 4765. of the Revised Code that	50680
identifies or would tend to identify a specific recipient of	50681
emergency medical services or adult or pediatric trauma care.	50682

(D) Not later than two years after ~~the effective date of this~~	50683
~~amendment~~November3, 2000, the board shall adopt and implement	50684
rules under section 4765.11 of the Revised Code that provide	50685
written standards and procedures for risk adjustment of	50686
information received by the board under Chapter 4765. of the	50687
Revised Code. The rules shall be developed in consultation with	50688
appropriate medical, hospital, and emergency medical service	50689
organizations and may provide for risk adjustment by a contractor	50690
of the board. Before risk adjustment standards and procedures are	50691
implemented, no member of the board and no employee or contractor	50692
of the board or the department of public safety shall make public	50693
information received by the board under Chapter 4765. of the	50694
Revised Code that identifies or would tend to identify a specific	50695
provider of emergency medical services or adult or pediatric	50696
trauma care. After risk adjustment standards and procedures are	50697
implemented, the board shall make public such information only on	50698
a risk adjusted basis.	50699

(E) The board shall adopt rules under section 4765.11 of the	50700
Revised Code that specify procedures for ensuring the	50701
confidentiality of information that is not to be made public under	50702
this section. The rules shall specify the circumstances in which	50703
deliberations of the persons performing risk adjustment functions	50704
under this section are not open to the public and records of those	50705
deliberations are maintained in confidence. Nothing in this	50706
section prohibits the board from making public statistical	50707
information that does not identify or tend to identify a specific	50708
recipient or provider of emergency medical services or adult or	50709
pediatric trauma care.	50710

(F) No provider that furnishes information to the board with	50711
respect to any patient the provider examined or treated shall,	50712
because of this furnishing, be deemed liable in damages to any	50713
person or be held to answer for betrayal of a professional	50714
confidence in the absence of willful or wanton misconduct. No such	50715
information shall be subject to introduction in evidence in any	50716
civil action against the provider. No provider that furnishes	50717
information to the board shall be liable for the misuse or	50718
improper release of the information by the board or any other	50719
person.	50720

No person who performs risk adjustment functions under this	50721
section shall, because of performing such functions, be held	50722
liable in a civil action for betrayal of professional confidence	50723
or otherwise in the absence of willful or wanton misconduct.	50724

Sec. 4765.07. (A) The state board of emergency medical and	50725
transportation services shall adopt rules under section 4765.11 of	50726
the Revised Code to establish and administer a grant program under	50727
which grants are distributed according to the following	50728
priorities:	50729

(1) First priority shall be given to emergency medical	50730
service organizations for the training of personnel, for the	50731
purchase of equipment and vehicles, and to improve the	50732
availability, accessibility, and quality of emergency medical	50733
services in this state. In this category, the board shall give	50734
priority to grants that fund training and equipping of emergency	50735
medical service personnel.	50736

(2) Second priority shall be given to entities that research,	50737
test, and evaluate medical procedures and systems related to adult	50738
and pediatric trauma care.	50739

(3) Third priority shall be given to entities that research	50740
the causes, nature, and effects of traumatic injuries, educate the	50741
public about injury prevention, and implement, test, and evaluate	50742
injury prevention strategies.	50743

(4) Fourth priority shall be given to entities that research,	50744
test, and evaluate procedures that promote the rehabilitation,	50745
retraining, and reemployment of adult or pediatric trauma victims	50746
and social service support mechanisms for adult or pediatric	50747
trauma victims and their families.	50748

(5) Fifth priority shall be given to entities that conduct	50749
research on, test, or evaluate one or more of the following:	50750

(a) Procedures governing the performance of emergency medical	50751
services in this state;	50752

(b) The training of emergency medical service personnel;

50753

50754

(6) For grants distributed for the grant award years	50755
occurring not later than the award year ending June 30, 2017,	50756
sixth priority shall be given to entities that operate paramedic	50757
training programs and are seeking national accreditation of the	50758
programs.	50759

(B) To be eligible for a grant distributed pursuant to	50760
division (A)(6) of this section, an applicant for the grant shall	50761
meet all of the following conditions:	50762

(1) Hold a certificate of accreditation issued by the board	50763
under section 4765.17 of the Revised Code to operate a paramedic	50764
training program;	50765

(2) Be seeking initial national accreditation of the program	50766
from an accrediting organization approved by the board;	50767

(3) Apply for the national accreditation on or after February	50768
25, 2010.	50769

(C) The grant program shall be funded from the trauma and	50770
emergency medical services ~~grants~~ fund created by section 4513.263	50771
of the Revised Code.	50772

Sec. 4765.08. The state board of emergency medical and	50773
transportation services shall prepare a statewide emergency	50774
medical services plan and shall revise the plan as necessary.	50775

The board shall prepare a plan for the statewide regulation	50776
of emergency medical services during periods of disaster. The plan	50777
shall be consistent with the statewide emergency medical services	50778
plan required under this section and with the statewide emergency	50779
operations plan required under section 5502.22 of the Revised	50780
Code. The board shall submit the plan to the emergency management	50781
agency created under section 5502.22 of the Revised Code. The	50782
board shall cooperate with the agency in any other manner the	50783
agency considers necessary to develop and implement the statewide	50784
emergency operations plan.	50785

Sec. 4765.09. The state board of emergency medical and	50786
transportation services shall prepare recommendations for the	50787
operation of ambulance service organizations, air medical	50788
organizations, and emergency medical service organizations. Within	50789
thirty days following the preparation or modification of	50790
recommendations, the board shall notify the board of county	50791
commissioners of any county, the board of township trustees of any	50792
township, the board of trustees of any joint ambulance district,	50793
or the board of trustees of any joint emergency medical services	50794
district in which there exist ambulance service organizations, air	50795
medical organizations, or emergency medical service organizations	50796
of any board recommendations for the operation of such	50797
organizations. The recommendations shall include, but not be	50798
limited to:	50799

(A) The definition and classification of ambulances and	50800
medical aircraft;	50801

(B) The design, equipment, and supplies for ambulances and	50802
medical aircraft, including special equipment, supplies, training,	50803
and staffing required to assist pediatric and geriatric emergency	50804
victims;	50805

(C) The minimum number and type of personnel for the	50806
operation of ambulances and medical aircraft;	50807

(D) The communication systems necessary for the operation of	50808
ambulances and medical aircraft;	50809

(E) Reports to be made by persons holding certificates of	50810
accreditation or approval issued under section 4765.17 of the	50811
Revised Code and certificates to practice issued under section	50812
4765.30 of the Revised Code to ascertain compliance with this	50813
chapter and the rules and recommendations adopted thereunder and	50814
to ascertain the quantity and quality of ambulance service	50815
organizations, air medical organizations, and emergency medical	50816
service organizations throughout the state.	50817

Sec. 4765.10. (A) The state board of emergency medical and	50818
transportation services shall do all of the following:	50819

(1) Administer and enforce the provisions of this chapter and	50820
the rules adopted under it;	50821

(2) Approve, in accordance with procedures established in	50822
rules adopted under section 4765.11 of the Revised Code,	50823
examinations that demonstrate competence to have a certificate to	50824
practice renewed without completing a continuing education	50825
program;	50826

(3) Advise applicants for state or federal emergency medical	50827
services funds, review and comment on applications for these	50828
funds, and approve the use of all state and federal funds	50829
designated solely for emergency medical service programs unless	50830
federal law requires another state agency to approve the use of	50831
all such federal funds;	50832

(4) Serve as a statewide clearinghouse for discussion,	50833
inquiry, and complaints concerning emergency medical services;	50834

(5) Make recommendations to the general assembly on	50835
legislation to improve the delivery of emergency medical services;	50836

(6) Maintain a toll-free long distance telephone number	50837
through which it shall respond to questions about emergency	50838
medical services;	50839

(7) Work with appropriate state offices in coordinating the	50840
training of firefighters and emergency medical service personnel.	50841
Other state offices that are involved in the training of	50842
firefighters or emergency medical service personnel shall	50843
cooperate with the board and its committees and subcommittees to	50844
achieve this goal.	50845

(8) Provide a liaison to the state emergency operation center	50846
during those periods when a disaster, as defined in section	50847
5502.21 of the Revised Code, has occurred in this state and the	50848
governor has declared an emergency as defined in that section.	50849

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

50850

(1) Investigate complaints concerning emergency medical	50851
services and emergency medical service organizations as it	50852
determines necessary;	50853

(2) Enter into reciprocal agreements with other states that	50854
have standards for accreditation of emergency medical services	50855
training programs and for certification of first responders,	50856
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	50857
inspectors that are substantially similar to those established	50858
under this chapter and the rules adopted under it;	50859

(3) Establish a statewide public information system and	50860
public education programs regarding emergency medical services;	50861

(4) Establish an injury prevention program.

50862

Sec. 4765.101. (A) The state board of emergency medical and	50863
transportation services shall investigate any allegation that a	50864
person has violated this chapter or a rule adopted under it.	50865

Any person may submit to the board a written complaint	50866
regarding an alleged violation of this chapter or a rule adopted	50867
under it. In the absence of fraud or bad faith, no person	50868
submitting a complaint to the board or testifying in an	50869
adjudication hearing conducted in accordance with Chapter 119. of	50870
the Revised Code with regard to such an alleged violation shall be	50871
liable to any person in damages in a civil action as a result of	50872
submitting the complaint or providing testimony.	50873

(B) In investigating an allegation, the board may do any of	50874
the following:	50875

(1) Administer oaths;

50876

(2) Order the taking of depositions;

50877

(3) Issue subpoenas;

50878

(4) Compel the attendance of witnesses and production of	50879
books, accounts, papers, records, documents, and testimony.	50880

(C) A subpoena for patient record information shall not be	50881
issued without consultation with the attorney general's office and	50882
approval of the executive director of the board. Before issuance	50883
of a subpoena for patient record information, the executive	50884
director shall determine whether there is probable cause to	50885
believe that the complaint filed alleges a violation of this	50886
chapter or any rule adopted under it and that the records sought	50887
are relevant to the alleged violation and material to the	50888
investigation. The subpoena may apply only to records that cover a	50889
reasonable period of time surrounding the alleged violation.	50890

(D) On failure to comply with any subpoena issued by the	50891
board and after reasonable notice to the person being subpoenaed,	50892
the board may move, pursuant to the Rules of Civil Procedure, for	50893
an order compelling the production of persons or records.	50894

(E) A subpoena issued by the board may be served by a	50895
sheriff, the sheriff's deputy, or an investigator for the division	50896
of emergency medical services of the department of public safety.	50897
Service of a subpoena issued by the board may be made by	50898
delivering a copy of the subpoena to the person named in it,	50899
reading it to the person, or leaving it at the person's usual	50900
place of residence. When the person being served is an individual	50901
authorized by this chapter to practice emergency medical services,	50902
service of the subpoena may be made by certified mail, restricted	50903
delivery, return receipt requested, and the subpoena shall be	50904
deemed served on the date delivery is made or on the date that the	50905
person refuses to accept delivery.	50906

Sec. 4765.102. (A) As used in this section, "licensing	50907
agency" means any entity that has the authority pursuant to Title	50908
XLVII of the Revised Code to issue a license, and any other agency	50909
of this or another state, other than the Ohio supreme court, that	50910
has the authority to issue a license that authorizes an individual	50911
to engage in an occupation or profession. "Licensing agency"	50912
includes an administrative officer that has authority to issue a	50913
license that authorizes an individual to engage in an occupation	50914
or profession.	50915

(B) Except as provided in divisions (C) and (D) of this	50916
section and section 4765.111 of the Revised Code, all information	50917
the state board of emergency medical and transportation services	50918
receives pursuant to an investigation, including information	50919
regarding an alleged violation of this chapter or rules adopted	50920
under it or a complaint submitted under division (A) of section	50921
4765.101 of the Revised Code, is confidential, and is not subject	50922
to discovery in any civil action, during the course of the	50923
investigation and any adjudication proceedings that result from	50924
the investigation. Upon completion of the investigation and any	50925
resulting adjudication proceedings, the information is a matter of	50926
public record for purposes of section 149.43 of the Revised Code.	50927

(C) The board may release information otherwise made	50928
confidential by division (B) of this section to law enforcement	50929
officers or licensing agencies of this or another state that are	50930
prosecuting, adjudicating, or investigating the holder of a	50931
certificate issued under this chapter or a person who allegedly	50932
engaged in the unauthorized provision of emergency medical	50933
services.	50934

A law enforcement officer or licensing agency with	50935
information disclosed by the board under this division shall not	50936
divulge the information other than for the purpose of an	50937
adjudication by a court or licensing agency to which the subject	50938
of the adjudication is a party.	50939

(D) If an investigation conducted under section 4765.101 of	50940
the Revised Code requires a review of patient records, the	50941
investigation and proceedings related to it shall be conducted in	50942
such a manner as to protect patient confidentiality. The board	50943
shall not make public the name or any other identifying	50944
information about a patient unless proper consent is given in	50945
accordance with rules adopted by the board. If the patient is less	50946
than eighteen years of age, the board shall obtain consent from	50947
the patient's parent, guardian, or custodian.	50948

Sec. 4765.11. (A) The state board of emergency medical and	50949
transportation services shall adopt, and may amend and rescind,	50950
rules in accordance with Chapter 119. of the Revised Code and	50951
division (C) of this section that establish all of the following:	50952

(1) Procedures for its governance and the control of its	50953
actions and business affairs;	50954

(2) Standards for the performance of emergency medical	50955
services by first responders, emergency medical technicians-basic,	50956
emergency medical technicians-intermediate, and emergency medical	50957
technicians-paramedic;	50958

(3) Application fees for certificates of accreditation,	50959
certificates of approval, certificates to teach, and certificates	50960
to practice, which shall be deposited into the trauma and	50961
emergency medical services fund created in section 4513.263 of the	50962
Revised Code;	50963

(4) Criteria for determining when the application or renewal	50964
fee for a certificate to practice may be waived because an	50965
applicant cannot afford to pay the fee;	50966

(5) Procedures for issuance and renewal of certificates of	50967
accreditation, certificates of approval, certificates to teach,	50968
and certificates to practice, including any procedures necessary	50969
to ensure that adequate notice of renewal is provided in	50970
accordance with division (D) of section 4765.30 of the Revised	50971
Code;	50972

(6) Procedures for suspending or revoking certificates of	50973
accreditation, certificates of approval, certificates to teach,	50974
and certificates to practice;	50975

(7) Grounds for suspension or revocation of a certificate to	50976
practice issued under section 4765.30 of the Revised Code and for	50977
taking any other disciplinary action against a first responder,	50978
EMT-basic, EMT-I, or paramedic;	50979

(8) Procedures for taking disciplinary action against a first	50980
responder, EMT-basic, EMT-I, or paramedic;	50981

(9) Standards for certificates of accreditation and	50982
certificates of approval;	50983

(10) Qualifications for certificates to teach;

50984

(11) Requirements for a certificate to practice;

50985

(12) The curricula, number of hours of instruction and	50986
training, and instructional materials to be used in adult and	50987
pediatric emergency medical services training programs and adult	50988
and pediatric emergency medical services continuing education	50989
programs;	50990

(13) Procedures for conducting courses in recognizing	50991
symptoms of life-threatening allergic reactions and in calculating	50992
proper dosage levels and administering injections of epinephrine	50993
to adult and pediatric patients who suffer life-threatening	50994
allergic reactions;	50995

(14) Examinations for certificates to practice;

50996

(15) Procedures for administering examinations for	50997
certificates to practice;	50998

(16) Procedures for approving examinations that demonstrate	50999
competence to have a certificate to practice renewed without	51000
completing an emergency medical services continuing education	51001
program;	51002

(17) Procedures for granting extensions and exemptions of	51003
emergency medical services continuing education requirements;	51004

(18) Procedures for approving the additional emergency	51005
medical services first responders are authorized by division (C)	51006
of section 4765.35 of the Revised Code to perform, EMTs-basic are	51007
authorized by division (C) of section 4765.37 of the Revised Code	51008
to perform, EMTs-I are authorized by division (B)(5) of section	51009
4765.38 of the Revised Code to perform, and paramedics are	51010
authorized by division (B)(6) of section 4765.39 of the Revised	51011
Code to perform;	51012

(19) Standards and procedures for implementing the	51013
requirements of section 4765.06 of the Revised Code, including	51014
designations of the persons who are required to report information	51015
to the board and the types of information to be reported;	51016

(20) Procedures for administering the emergency medical	51017
services grant program established under section 4765.07 of the	51018
Revised Code;	51019

(21) Procedures consistent with Chapter 119. of the Revised	51020
Code for appealing decisions of the board;	51021

(22) Minimum qualifications and peer review and quality	51022
improvement requirements for persons who provide medical direction	51023
to emergency medical service personnel;	51024

(23) The manner in which a patient, or a patient's parent,	51025
guardian, or custodian may consent to the board releasing	51026
identifying information about the patient under division (D) of	51027
section 4765.102 of the Revised Code;	51028

(24) Circumstances under which a training program or	51029
continuing education program, or portion of either type of	51030
program, may be taught by a person who does not hold a certificate	51031
to teach issued under section 4765.23 of the Revised Code;	51032

(25) Certification cycles for certificates issued under	51033
sections 4765.23 and 4765.30 of the Revised Code and certificates	51034
issued by the executive director of the state board of emergency	51035
medical and transportation services under section 4765.55 of the	51036
Revised Code that establish a common expiration date for all	51037
certificates.	51038

(B) The board may adopt, and may amend and rescind, rules in	51039
accordance with Chapter 119. of the Revised Code and division (C)	51040
of this section that establish the following:	51041

(1) Specifications of information that may be collected under	51042
the trauma system registry and incidence reporting system created	51043
under section 4765.06 of the Revised Code;	51044

(2) Standards and procedures for implementing any of the	51045
recommendations made by any committees of the board or under	51046
section 4765.04 of the Revised Code;	51047

(3) Requirements that a person must meet to receive a	51048
certificate to practice as a first responder pursuant to division	51049
(A)(2) of section 4765.30 of the Revised Code;	51050

(4) Any other rules necessary to implement this chapter.

51051

(C) In developing and administering rules adopted under this	51052
chapter, the state board of emergency medical and transportation	51053
services shall consult with regional directors and regional	51054
physician advisory boards created by section 4765.05 of the	51055
Revised Code and emphasize the special needs of pediatric and	51056
geriatric patients.	51057

(D) Except as otherwise provided in this division, before	51058
adopting, amending, or rescinding any rule under this chapter, the	51059
board shall submit the proposed rule to the director of public	51060
safety for review. The director may review the proposed rule for	51061
not more than sixty days after the date it is submitted. If,	51062
within this sixty-day period, the director approves the proposed	51063
rule or does not notify the board that the rule is disapproved,	51064
the board may adopt, amend, or rescind the rule as proposed. If,	51065
within this sixty-day period, the director notifies the board that	51066
the proposed rule is disapproved, the board shall not adopt,	51067
amend, or rescind the rule as proposed unless at least twelve	51068
members of the board vote to adopt, amend, or rescind it.	51069

This division does not apply to an emergency rule adopted in	51070
accordance with section 119.03 of the Revised Code.	51071

Sec. 4765.111. Except as provided in this section or sections	51072
4765.112 to 4765.116 of the Revised Code, the state board of	51073
emergency medical and transportation services shall conduct	51074
disciplinary proceedings regarding the holder of a certificate	51075
issued under this chapter in accordance with rules adopted by the	51076
board under section 4765.11 of the Revised Code.	51077

The board and a holder of a certificate are the parties to a	51078
hearing conducted under this chapter. Either party may submit a	51079
written request to the other party for a list of witnesses and	51080
copies of documents intended to be introduced at the hearing. The	51081
request shall be in writing and shall be served not less than	51082
thirty-seven days prior to the commencement of the hearing, unless	51083
the hearing officer or presiding board member grants an extension	51084
of time to make the request. Not later than thirty days before the	51085
hearing, the responding party shall provide the requested list of	51086
witnesses and copies of documents to the requesting party, unless	51087
the hearing officer or presiding board member grants an extension	51088
of time to provide the list and copies.	51089

Failure to timely provide a list or copies requested in	51090
accordance with this section shall result in exclusion from the	51091
hearing of the witnesses, testimony, or documents.	51092

Sec. 4765.112. (A) The state board of emergency medical and	51093
transportation services, by an affirmative vote of the majority of	51094
its members, may suspend without a prior hearing a certificate to	51095
practice issued under this chapter if the board determines that	51096
there is clear and convincing evidence that continued practice by	51097
the certificate holder presents a danger of immediate and serious	51098
harm to the public and that the certificate holder has done any of	51099
the following:	51100

(1) Furnished false, fraudulent, or misleading information to	51101
the board;	51102

(2) Engaged in activities that exceed those permitted by the	51103
individual's certificate;	51104

(3) In a court of this or any other state or federal court	51105
been convicted of, pleaded guilty to, or been the subject of a	51106
judicial finding of guilt of, a judicial finding of guilt	51107
resulting from a plea of no contest to, or a judicial finding of	51108
eligibility for intervention in lieu of conviction for, a felony	51109
or for a misdemeanor committed in the course of practice or	51110
involving gross immorality or moral turpitude.	51111

(B) Immediately following the decision to impose a summary	51112
suspension, the board, in accordance with section 119.07 of the	51113
Revised Code, shall issue a written order of suspension, cause it	51114
to be delivered to the certificate holder, and notify the	51115
certificate holder of the opportunity for a hearing. If timely	51116
requested by the certificate holder, a hearing shall be conducted	51117
in accordance with section 4765.115 of the Revised Code.	51118

Sec. 4765.113. If the state board of emergency medical and	51119
transportation services imposes a suspension on the basis of a	51120
conviction, judicial finding, or plea as described in division	51121
(A)(3) of section 4765.112 of the Revised Code that is overturned	51122
on appeal, the certificate holder, on exhaustion of the criminal	51123
appeal process, may file with the board a petition for	51124
reconsideration of the suspension along with appropriate court	51125
documents. On receipt of the petition and documents, the board	51126
shall reinstate the certificate holder's certificate to practice.	51127

Sec. 4765.114. (A) A certificate to practice emergency	51128
medical services issued under this chapter is automatically	51129
suspended on the certificate holder's conviction of, plea of	51130
guilty to, or judicial finding of guilt of any of the following:	51131
aggravated murder, murder, voluntary manslaughter, felonious	51132
assault, kidnapping, rape, sexual battery, gross sexual	51133
imposition, aggravated arson, aggravated burglary, aggravated	51134
robbery, or a substantially equivalent offense committed in this	51135
or another jurisdiction. Continued practice after the suspension	51136
is practicing without a certificate.	51137

(B) If the state board of emergency medical and	51138
transportation services has knowledge that an automatic suspension	51139
has occurred, it shall notify, in accordance with section 119.07	51140
of the Revised Code, the certificate holder of the suspension and	51141
of the opportunity for a hearing. If timely requested by the	51142
certificate holder, a hearing shall be conducted in accordance	51143
with section 4765.115 of the Revised Code.	51144

Sec. 4765.115. (A) A suspension order issued under section	51145
4765.112 or automatic suspension under section 4765.114 of the	51146
Revised Code is not subject to suspension by a court prior to a	51147
hearing under this section or during the pendency of any appeal	51148
filed under section 119.12 of the Revised Code.	51149

(B) A suspension order issued under section 4765.112 or	51150
automatic suspension under section 4765.114 of the Revised Code	51151
remains in effect, unless reversed by the state board of emergency	51152
medical and transportation services, until a final adjudication	51153
order issued by the board pursuant to this section becomes	51154
effective.	51155

(C) Hearings requested pursuant to section 4765.112 or	51156
4765.114 of the Revised Code shall be conducted under this section	51157
in accordance with Chapter 119. of the Revised Code.	51158

(D) A hearing under this section shall be held not later than	51159
forty-five days but not earlier than forty days after the	51160
certificate holder requests it, unless another date is agreed to	51161
by the certificate holder and the board.	51162

(E) After completion of an adjudication hearing, the board	51163
may adopt, by an affirmative vote of the majority of its members,	51164
a final adjudication order that imposes any of the following	51165
sanctions:	51166

(1) Suspension of the holder's certificate to practice;

51167

(2) Revocation of the holder's certificate to practice;

51168

(3) Issuance of a written reprimand;

51169

(4) A refusal to renew or a limitation on the holder's	51170
certificate to practice.	51171

The board shall issue its final adjudication order not later	51172
than forty-five days after completion of an adjudication hearing.	51173
If the board does not issue a final order within that time period,	51174
the suspension order is void, but any final adjudication order	51175
subsequently issued is not affected.	51176

(F) Any action taken by the board under this section	51177
resulting in a suspension from practice shall be accompanied by a	51178
written statement of the conditions under which the certificate to	51179
practice may be reinstated. Reinstatement of a certificate	51180
suspended under this section requires an affirmative vote by the	51181
majority of the members of the board.	51182

(G) When the board revokes or refuses to reinstate a	51183
certificate to practice, the board may specify that its action is	51184
permanent. An individual subject to permanent action taken by the	51185
board is forever ineligible to hold a certificate of the type	51186
revoked or refused, and the board shall not accept from the	51187
individual an application for reinstatement of the certificate or	51188
for a new certificate.	51189

Sec. 4765.116. If a certificate holder subject to a	51190
suspension order issued by the state board of emergency medical	51191
and transportation services under section 4765.112 or an automatic	51192
suspension order under section 4765.114 of the Revised Code fails	51193
to make a timely request for a hearing, the following apply:	51194

(A) In the case of a certificate holder subject to a summary	51195
suspension order, the board is not required to hold a hearing, but	51196
may adopt, by an affirmative vote of a majority of its members, a	51197
final order that contains the board's findings. In the final	51198
order, the board may order any of the sanctions listed in division	51199
(E) of section 4765.115 of the Revised Code.	51200

(B) In the case of a certificate holder subject to an	51201
automatic suspension order, the board may adopt, by an affirmative	51202
vote of a majority of its members, a final order that permanently	51203
revokes the holder's certificate to practice.	51204

Sec. 4765.12. (A) Not later than two years after ~~the~~	51205
~~effective date of this section~~November 3, 2000, the state board	51206
of emergency medical and transportation services shall develop and	51207
distribute guidelines for the care of trauma victims by emergency	51208
medical service personnel and for the conduct of peer review and	51209
quality assurance programs by emergency medical service	51210
organizations. The guidelines shall be consistent with the state	51211
trauma triage protocols adopted in rules under sections 4765.11	51212
and 4765.40 of the Revised Code and shall place emphasis on the	51213
special needs of pediatric and geriatric trauma victims. In	51214
developing the guidelines, the board shall consult with entities	51215
with interests in trauma and emergency medical services and shall	51216
consider any relevant guidelines adopted by national	51217
organizations, including the American college of surgeons,	51218
American college of emergency physicians, and American academy of	51219
pediatrics. The board shall distribute the guidelines, and	51220
amendments to the guidelines, to each emergency medical service	51221
organization, regional director, regional physician advisory	51222
board, certified emergency medical service instructor, and person	51223
who regularly provides medical direction to emergency medical	51224
service personnel in this state.	51225

(B) Not later than three years after ~~the effective date of~~	51226
~~this section~~November 3, 2000, each emergency medical service	51227
organization in this state shall implement ongoing peer review and	51228
quality assurance programs designed to improve the availability	51229
and quality of the emergency medical services it provides. The	51230
form and content of the programs shall be determined by each	51231
emergency medical service organization. In implementing the	51232
programs, each emergency medical service organization shall	51233
consider how to improve its ability to provide effective trauma	51234
care, particularly for pediatric and geriatric trauma victims, and	51235
shall take into account the trauma care guidelines developed by	51236
the state board of emergency medical and transportation services	51237
under this section.	51238

Information generated solely for use in a peer review or	51239
quality assurance program conducted on behalf of an emergency	51240
medical service organization is not a public record under section	51241
149.43 of the Revised Code. Such information, and any discussion	51242
conducted in the course of a peer review or quality assurance	51243
program conducted on behalf of an emergency medical service	51244
organization, is not subject to discovery in a civil action and	51245
shall not be introduced into evidence in a civil action against	51246
the emergency medical service organization on whose behalf the	51247
information was generated or the discussion occurred.	51248

No emergency medical service organization on whose behalf a	51249
peer review or quality assurance program is conducted, and no	51250
person who conducts such a program, because of performing such	51251
functions, shall be liable in a civil action for betrayal of	51252
professional confidence or otherwise in the absence of willful or	51253
wanton misconduct.	51254

Sec. 4765.15. A person seeking to operate an emergency	51255
medical services training program shall submit a completed	51256
application for accreditation to the state board of emergency	51257
medical and transportation services on a form the board shall	51258
prescribe and furnish. The application shall be accompanied by the	51259
appropriate application fee established in rules adopted under	51260
section 4765.11 of the Revised Code.	51261

A person seeking to operate an emergency medical services	51262
continuing education program shall submit a completed application	51263
for approval to the board on a form the board shall prescribe and	51264
furnish. The application shall be accompanied by the appropriate	51265
application fee established in rules adopted under section 4765.11	51266
of the Revised Code.	51267

The board shall administer the accreditation and approval	51268
processes pursuant to rules adopted under section 4765.11 of the	51269
Revised Code. In administering these processes, the board may	51270
authorize other persons to evaluate applications for accreditation	51271
or approval and may accept the recommendations made by those	51272
persons.	51273

The board may cause an investigation to be made into the	51274
accuracy of the information submitted in any application for	51275
accreditation or approval. If an investigation indicates that	51276
false, misleading, or incomplete information has been submitted to	51277
the board in connection with any application for accreditation or	51278
approval, the board shall conduct a hearing on the matter in	51279
accordance with Chapter 119. of the Revised Code.	51280

Sec. 4765.16. (A) All courses offered through an emergency	51281
medical services training program or an emergency medical services	51282
continuing education program, other than ambulance driving, shall	51283
be developed under the direction of a physician who specializes in	51284
emergency medicine. Each course that deals with trauma care shall	51285
be developed in consultation with a physician who specializes in	51286
trauma surgery. Except as specified by the state board of	51287
emergency medical and transportation services pursuant to rules	51288
adopted under section 4765.11 of the Revised Code, each course	51289
offered through a training program or continuing education program	51290
shall be taught by a person who holds the appropriate certificate	51291
to teach issued under section 4765.23 of the Revised Code.	51292

(B) A training program for first responders shall meet the	51293
standards established in rules adopted by the board under section	51294
4765.11 of the Revised Code. The program shall include courses in	51295
both of the following areas for at least the number of hours	51296
established by the board's rules:	51297

(1) Emergency victim care;

51298

(2) Reading and interpreting a trauma victim's vital signs.

51299

(C) A training program for emergency medical	51300
technicians-basic shall meet the standards established in rules	51301
adopted by the board under section 4765.11 of the Revised Code.	51302
The program shall include courses in each of the following areas	51303
for at least the number of hours established by the board's rules:	51304

(1) Emergency victim care;

51305

(2) Reading and interpreting a trauma victim's vital signs;

51306

(3) Triage protocols for adult and pediatric trauma victims;

51307

(4) In-hospital training;

51308

(5) Clinical training;

51309

(6) Training as an ambulance driver.

51310

Each operator of a training program for emergency medical	51311
technicians-basic shall allow any pupil in the twelfth grade in a	51312
secondary school who is at least seventeen years old and who	51313
otherwise meets the requirements for admission into such a	51314
training program to be admitted to and complete the program and,	51315
as part of the training, to ride in an ambulance with emergency	51316
medical technicians-basic, emergency medical	51317
technicians-intermediate, and emergency medical	51318
technicians-paramedic. Each emergency medical service organization	51319
shall allow pupils participating in training programs to ride in	51320
an ambulance with emergency medical technicians-basic, advanced	51321
emergency medical technicians-intermediate, and emergency medical	51322
technicians-paramedic.	51323

(D) A training program for emergency medical	51324
technicians-intermediate shall meet the standards established in	51325
rules adopted by the board under section 4765.11 of the Revised	51326
Code. The program shall include, or require as a prerequisite, the	51327
training specified in division (C) of this section and courses in	51328
each of the following areas for at least the number of hours	51329
established by the board's rules:	51330

(1) Recognizing symptoms of life-threatening allergic	51331
reactions and in calculating proper dosage levels and	51332
administering injections of epinephrine to persons who suffer	51333
life-threatening allergic reactions, conducted in accordance with	51334
rules adopted by the board under section 4765.11 of the Revised	51335
Code;	51336

(2) Venous access procedures;

51337

(3) Cardiac monitoring and electrical interventions to	51338
support or correct the cardiac function.	51339

(E) A training program for emergency medical	51340
technicians-paramedic shall meet the standards established in	51341
rules adopted by the board under section 4765.11 of the Revised	51342
Code. The program shall include, or require as a prerequisite, the	51343
training specified in divisions (C) and (D) of this section and	51344
courses in each of the following areas for at least the number of	51345
hours established by the board's rules:	51346

(1) Medical terminology;

51347

(2) Venous access procedures;

51348

(3) Airway procedures;

51349

(4) Patient assessment and triage;

51350

(5) Acute cardiac care, including administration of	51351
parenteral injections, electrical interventions, and other	51352
emergency medical services;	51353

(6) Emergency and trauma victim care beyond that required	51354
under division (C) of this section;	51355

(7) Clinical training beyond that required under division (C)	51356
of this section.	51357

(F) A continuing education program for first responders,	51358
EMTs-basic, EMTs-I, or paramedics shall meet the standards	51359
established in rules adopted by the board under section 4765.11 of	51360
the Revised Code. A continuing education program shall include	51361
instruction and training in subjects established by the board's	51362
rules for at least the number of hours established by the board's	51363
rules.	51364

Sec. 4765.17. (A) The state board of emergency medical and	51365
transportation services shall issue the appropriate certificate of	51366
accreditation or certificate of approval to an applicant who is of	51367
good reputation and meets the requirements of section 4765.16 of	51368
the Revised Code. The board shall grant or deny a certificate of	51369
accreditation or certificate of approval within one hundred twenty	51370
days of receipt of the application. The board may issue or renew a	51371
certificate of accreditation or certificate of approval on a	51372
provisional basis to an applicant who is of good reputation and is	51373
in substantial compliance with the requirements of section 4765.16	51374
of the Revised Code. The board shall inform an applicant receiving	51375
such a certificate of the conditions that must be met to complete	51376
compliance with section 4765.16 of the Revised Code.	51377

(B) Except as provided in division (C) of this section, a	51378
certificate of accreditation or certificate of approval is valid	51379
for up to five years and may be renewed by the board pursuant to	51380
procedures and standards established in rules adopted under	51381
section 4765.11 of the Revised Code. An application for renewal	51382
shall be accompanied by the appropriate renewal fee established in	51383
rules adopted under section 4765.11 of the Revised Code.	51384

(C) A certificate of accreditation or certificate of approval	51385
issued on a provisional basis is valid for the length of time	51386
established by the board. If the board finds that the holder of	51387
such a certificate has met the conditions it specifies under	51388
division (A) of this section, the board shall issue the	51389
appropriate certificate of accreditation or certificate of	51390
approval.	51391

(D) A certificate of accreditation is valid only for the	51392
emergency medical services training program or programs for which	51393
it is issued. The holder of a certificate of accreditation may	51394
apply to operate additional training programs in accordance with	51395
rules adopted by the board under section 4765.11 of the Revised	51396
Code. Any additional training programs shall expire on the	51397
expiration date of the applicant's current certificate. A	51398
certificate of approval is valid only for the emergency medical	51399
services continuing education program for which it is issued.	51400
Neither is transferable.	51401

(E) The holder of a certificate of accreditation or a	51402
certificate of approval may offer courses at more than one	51403
location in accordance with rules adopted under section 4765.11 of	51404
the Revised Code.	51405

Sec. 4765.18. The state board of emergency medical and	51406
transportation services may suspend or revoke a certificate of	51407
accreditation or a certificate of approval issued under section	51408
4765.17 of the Revised Code for any of the following reasons:	51409

(A) Violation of this chapter or any rule adopted under it;

51410

(B) Furnishing of false, misleading, or incomplete	51411
information to the board;	51412

(C) The signing of an application or the holding of a	51413
certificate of accreditation by a person who has pleaded guilty to	51414
or has been convicted of a felony, or has pleaded guilty to or	51415
been convicted of a crime involving moral turpitude;	51416

(D) The signing of an application or the holding of a	51417
certificate of accreditation by a person who is addicted to the	51418
use of any controlled substance or has been adjudicated	51419
incompetent for that purpose by a court, as provided in section	51420
5122.301 of the Revised Code;	51421

(E) Violation of any commitment made in an application for a	51422
certificate of accreditation or certificate of approval;	51423

(F) Presentation to prospective students of misleading,	51424
false, or fraudulent information relating to the emergency medical	51425
services training program or emergency medical services continuing	51426
education program, employment opportunities, or opportunities for	51427
enrollment in accredited institutions of higher education after	51428
entering or completing courses offered by the operator of a	51429
program;	51430

(G) Failure to maintain in a safe and sanitary condition	51431
premises and equipment used in conducting courses of study;	51432

(H) Failure to maintain financial resources adequate for the	51433
satisfactory conduct of courses of study or to retain a sufficient	51434
number of certified instructors;	51435

(I) Discrimination in the acceptance of students upon the	51436
basis of race, color, religion, sex, or national origin.	51437

Sec. 4765.22. A person seeking a certificate to teach in an	51438
emergency medical services training program or an emergency	51439
medical services continuing education program shall submit a	51440
completed application for certification to the state board of	51441
emergency medical and transportation services on a form the board	51442
shall prescribe and furnish. The application shall be accompanied	51443
by the appropriate application fee established in rules adopted	51444
under section 4765.11 of the Revised Code.	51445

Sec. 4765.23. The state board of emergency medical and	51446
transportation services shall issue a certificate to teach in an	51447
emergency medical services training program or an emergency	51448
medical services continuing education program to any applicant who	51449
it determines meets the qualifications established in rules	51450
adopted under section 4765.11 of the Revised Code. The certificate	51451
shall indicate each type of instruction and training the	51452
certificate holder may teach under the certificate.	51453

A certificate to teach shall have a certification cycle	51454
established by the board and may be renewed by the board pursuant	51455
to rules adopted under section 4765.11 of the Revised Code. An	51456
application for renewal shall be accompanied by the appropriate	51457
renewal fee established in rules adopted under section 4765.11 of	51458
the Revised Code.	51459

The board may suspend or revoke a certificate to teach	51460
pursuant to rules adopted under section 4765.11 of the Revised	51461
Code.	51462

Sec. 4765.28. A person seeking a certificate to practice as	51463
a first responder, emergency medical technician-basic, emergency	51464
medical technician-intermediate, or emergency medical	51465
technician-paramedic shall submit a completed application for	51466
certification to the state board of emergency medical and	51467
transportation services on a form the board shall prescribe and	51468
furnish. Except as provided in division (B) of section 4765.29 of	51469
the Revised Code, the application shall include evidence that the	51470
applicant received the appropriate certificate of completion	51471
pursuant to section 4765.24 of the Revised Code. The application	51472
shall be accompanied by the appropriate application fee	51473
established in rules adopted under section 4765.11 of the Revised	51474
Code, unless the board waives the fee on determining pursuant to	51475
those rules that the applicant cannot afford to pay the fee.	51476

Sec. 4765.29. (A) The state board of emergency medical and	51477
transportation services shall provide for the examination of	51478
applicants for certification to practice as first responders,	51479
emergency medical technicians-basic, emergency medical	51480
technicians-intermediate, and emergency medical	51481
technicians-paramedic. The examinations shall be established by	51482
the board in rules adopted under section 4765.11 of the Revised	51483
Code. The board may administer the examinations or contract with	51484
other persons to administer the examinations. In either case, the	51485
examinations shall be administered pursuant to procedures	51486
established in rules adopted under section 4765.11 of the Revised	51487
Code and shall be offered at various locations in the state	51488
selected by the board.	51489

Except as provided in division (B) of this section, an	51490
applicant shall not be permitted to take an examination for the	51491
same certificate to practice more than three times since last	51492
receiving the certificate of completion pursuant to section	51493
4765.24 of the Revised Code that qualifies the applicant to take	51494
the examination unless the applicant receives another certificate	51495
of completion that qualifies the applicant to take the	51496
examination.	51497

(B) On request of an applicant who fails three examinations	51498
for the same certificate to practice, the board may direct the	51499
applicant to complete a specific portion of an accredited	51500
emergency medical services training program. If the applicant	51501
provides satisfactory proof to the board that the applicant has	51502
successfully completed that portion of the program, the applicant	51503
shall be permitted to take the examination.	51504

Sec. 4765.30. (A)(1) The state board of emergency medical	51505
and transportation services shall issue a certificate to practice	51506
as a first responder to an applicant who meets all of the	51507
following conditions:	51508

(a) Except as provided in division (A)(2) of this section, is	51509
a volunteer for a nonprofit emergency medical service organization	51510
or a nonprofit fire department;	51511

(b) Holds the appropriate certificate of completion issued in	51512
accordance with section 4765.24 of the Revised Code;	51513

(c) Passes the appropriate examination conducted under	51514
section 4765.29 of the Revised Code;	51515

(d) Is not in violation of any provision of this chapter or	51516
the rules adopted under it;	51517

(e) Meets any other certification requirements established in	51518
rules adopted under section 4765.11 of the Revised Code.	51519

(2) The board may waive the requirement to be a volunteer for	51520
a nonprofit entity if the applicant meets other requirements	51521
established in rules adopted under division (B)(3) of section	51522
4765.11 of the Revised Code relative to a person's eligibility to	51523
practice as a first responder.	51524

(B) The state board of emergency medical and transportation	51525
services shall issue a certificate to practice as an emergency	51526
medical technician-basic to an applicant who meets all of the	51527
following conditions:	51528

(1) Holds a certificate of completion in emergency medical	51529
services training-basic issued in accordance with section 4765.24	51530
of the Revised Code;	51531

(2) Passes the examination for emergency medical	51532
technicians-basic conducted under section 4765.29 of the Revised	51533
Code;	51534

(3) Is not in violation of any provision of this chapter or	51535
the rules adopted under it;	51536

(4) Meets any other certification requirements established in	51537
rules adopted under section 4765.11 of the Revised Code.	51538

(C) The state board of emergency medical and transportation	51539
services shall issue a certificate to practice as an emergency	51540
medical technician-intermediate or emergency medical	51541
technician-paramedic to an applicant who meets all of the	51542
following conditions:	51543

(1) Holds a certificate to practice as an emergency medical	51544
technician-basic;	51545

(2) Holds the appropriate certificate of completion issued in	51546
accordance with section 4765.24 of the Revised Code;	51547

(3) Passes the appropriate examination conducted under	51548
section 4765.29 of the Revised Code;	51549

(4) Is not in violation of any provision of this chapter or	51550
the rules adopted under it;	51551

(5) Meets any other certification requirements established in	51552
rules adopted under section 4765.11 of the Revised Code.	51553

(D) A certificate to practice shall have a certification	51554
cycle established by the board and may be renewed by the board	51555
pursuant to rules adopted under section 4765.11 of the Revised	51556
Code. Not later than sixty days prior to the expiration date of an	51557
individual's certificate to practice, the board shall notify the	51558
individual of the scheduled expiration.	51559

An application for renewal shall be accompanied by the	51560
appropriate renewal fee established in rules adopted under section	51561
4765.11 of the Revised Code, unless the board waives the fee on	51562
determining pursuant to those rules that the applicant cannot	51563
afford to pay the fee. Except as provided in division (B) of	51564
section 4765.31 of the Revised Code, the application shall include	51565
evidence of either of the following:	51566

(1) That the applicant received a certificate of completion	51567
from the appropriate emergency medical services continuing	51568
education program pursuant to section 4765.24 of the Revised Code;	51569

(2) That the applicant has successfully passed an examination	51570
that demonstrates the competence to have a certificate renewed	51571
without completing an emergency medical services continuing	51572
education program. The board shall approve such examinations in	51573
accordance with rules adopted under section 4765.11 of the Revised	51574
Code.	51575

(E) The board shall not require an applicant for renewal of a	51576
certificate to practice to take an examination as a condition of	51577
renewing the certificate. This division does not preclude the use	51578
of examinations by operators of approved emergency medical	51579
services continuing education programs as a condition for issuance	51580
of a certificate of completion in emergency medical services	51581
continuing education.	51582

Sec. 4765.31. (A) Except as provided in division (B) of this	51583
section, a first responder, emergency medical technician-basic,	51584
emergency medical technician-intermediate, and emergency medical	51585
technician-paramedic shall complete an emergency medical services	51586
continuing education program or pass an examination approved by	51587
the state board of emergency medical and transportation services	51588
under division (A) of section 4765.10 of the Revised Code prior to	51589
the expiration of the individual's certificate to practice.	51590
Completion of the continuing education requirements for EMTs-I or	51591
paramedics satisfies the continuing education requirements for	51592
renewing the certificate to practice as an EMT-basic held by an	51593
EMT-I or paramedic.	51594

(B)(1) An applicant for renewal of a certificate to practice	51595
may apply to the board, in writing, for an extension to complete	51596
the continuing education requirements established under division	51597
(A) of this section. The board may grant such an extension and	51598
determine the length of the extension. The board may authorize the	51599
applicant to continue to practice during the extension as if the	51600
certificate to practice had not expired.	51601

(2) An applicant for renewal of a certificate to practice may	51602
apply to the board, in writing, for an exemption from the	51603
continuing education requirements established under division (A)	51604
of this section. The board may exempt an individual or a group of	51605
individuals from all or any part of the continuing education	51606
requirements due to active military service, unusual circumstance,	51607
emergency, special hardship, or any other cause considered	51608
reasonable by the board.	51609

(C) Decisions of whether to grant an extension or exemption	51610
under division (B) of this section shall be made by the board	51611
pursuant to procedures established in rules adopted under section	51612
4765.11 of the Revised Code.	51613

Sec. 4765.32. A current, valid certificate of accreditation	51614
issued under the provisions of former section 3303.11 or 3303.23	51615
of the Revised Code shall remain valid until one year after the	51616
expiration date of the certificate as determined by the provisions	51617
of those sections and shall confer the same privileges and impose	51618
the same responsibilities and requirements as a certificate of	51619
accreditation issued by the state board of emergency medical and	51620
transportation services under section 4765.17 of the Revised Code.	51621

A certificate to practice as an emergency medical	51622
technician-ambulance that is valid on November 24, 1995, shall be	51623
considered a certificate to practice as an emergency medical	51624
technician-basic. A certificate to practice as an advanced	51625
emergency medical technician-ambulance that is valid on November	51626
24, 1995, shall be considered a certificate to practice as an	51627
emergency medical technician-intermediate.	51628

Sec. 4765.33. The state board of emergency medical and	51629
transportation services may suspend or revoke certificates to	51630
practice issued under section 4765.30 of the Revised Code, and may	51631
take other disciplinary action against first responders, emergency	51632
medical technicians-basic, emergency medical	51633
technicians-intermediate, and emergency medical	51634
technicians-paramedic pursuant to rules adopted under section	51635
4765.11 of the Revised Code.	51636

Sec. 4765.37. (A) An emergency medical technician-basic	51637
shall perform the emergency medical services described in this	51638
section in accordance with this chapter and any rules adopted	51639
under it by the state board of emergency medical and	51640
transportation services.	51641

(B) An emergency medical technician-basic may operate, or be	51642
responsible for operation of, an ambulance and may provide	51643
emergency medical services to patients. In an emergency, an	51644
EMT-basic may determine the nature and extent of illness or injury	51645
and establish priority for required emergency medical services. An	51646
EMT-basic may render emergency medical services such as opening	51647
and maintaining an airway, giving positive pressure ventilation,	51648
cardiac resuscitation, electrical interventions with automated	51649
defibrillators to support or correct the cardiac function and	51650
other methods determined by the board, controlling of hemorrhage,	51651
treatment of shock, immobilization of fractures, bandaging,	51652
assisting in childbirth, management of mentally disturbed	51653
patients, initial care of poison and burn patients, and	51654
determining triage of adult and pediatric trauma victims. Where	51655
patients must in an emergency be extricated from entrapment, an	51656
EMT-basic may assess the extent of injury and render all possible	51657
emergency medical services and protection to the entrapped	51658
patient; provide light rescue services if an ambulance has not	51659
been accompanied by a specialized unit; and after extrication,	51660
provide additional care in sorting of the injured in accordance	51661
with standard emergency procedures.	51662

(C) An EMT-basic may perform any other emergency medical	51663
services approved pursuant to rules adopted under section 4765.11	51664
of the Revised Code. The board shall determine whether the nature	51665
of any such service requires that an EMT-basic receive	51666
authorization prior to performing the service.	51667

(D)(1) Except as provided in division (D)(2) of this section,	51668
if the board determines under division (C) of this section that a	51669
service requires prior authorization, the service shall be	51670
performed only pursuant to the written or verbal authorization of	51671
a physician or of the cooperating physician advisory board, or	51672
pursuant to an authorization transmitted through a direct	51673
communication device by a physician or registered nurse designated	51674
by a physician.	51675

(2) If communications fail during an emergency situation or	51676
the required response time prohibits communication, an EMT-basic	51677
may perform services subject to this division, if, in the judgment	51678
of the EMT-basic, the life of the patient is in immediate danger.	51679
Services performed under these circumstances shall be performed in	51680
accordance with the protocols for triage of adult and pediatric	51681
trauma victims established in rules adopted under sections 4765.11	51682
and 4765.40 of the Revised Code and any applicable protocols	51683
adopted by the emergency medical service organization with which	51684
the EMT-basic is affiliated.	51685

Sec. 4765.38. (A) An emergency medical	51686
technician-intermediate shall perform the emergency medical	51687
services described in this section in accordance with this chapter	51688
and any rules adopted under it.	51689

(B) An EMT-I may do any of the following:

51690

(1) Establish and maintain an intravenous lifeline that has	51691
been approved by a cooperating physician or physician advisory	51692
board;	51693

(2) Perform cardiac monitoring;

51694

(3) Perform electrical interventions to support or correct	51695
the cardiac function;	51696

(4) Administer epinephrine;

51697

(5) Determine triage of adult and pediatric trauma victims;

51698

(6) Perform any other emergency medical services approved	51699
pursuant to rules adopted under section 4765.11 of the Revised	51700
Code.	51701

(C)(1) Except as provided in division (C)(2) of this section,	51702
the services described in division (B) of this section shall be	51703
performed by an EMT-I only pursuant to the written or verbal	51704
authorization of a physician or of the cooperating physician	51705
advisory board, or pursuant to an authorization transmitted	51706
through a direct communication device by a physician or registered	51707
nurse designated by a physician.	51708

(2) If communications fail during an emergency situation or	51709
the required response time prohibits communication, an EMT-I may	51710
perform any of the services described in division (B) of this	51711
section, if, in the judgment of the EMT-I, the life of the patient	51712
is in immediate danger. Services performed under these	51713
circumstances shall be performed in accordance with the protocols	51714
for triage of adult and pediatric trauma victims established in	51715
rules adopted under sections 4765.11 and 4765.40 of the Revised	51716
Code and any applicable protocols adopted by the emergency medical	51717
service organization with which the EMT-I is affiliated.	51718

(D) In addition to, and in the course of, providing emergency	51719
medical treatment, an emergency medical technician-intermediate	51720
may withdraw blood as provided under sections 1547.11, 4506.17,	51721
and 4511.19 of the Revised Code. An emergency medical	51722
technician-intermediate shall withdraw blood in accordance with	51723
this chapter and any rules adopted under it by the state board of	51724
emergency medical and transportation services.	51725

Sec. 4765.39. (A) An emergency medical technician-paramedic	51726
shall perform the emergency medical services described in this	51727
section in accordance with this chapter and any rules adopted	51728
under it.	51729

(B) A paramedic may do any of the following:

51730

(1) Perform cardiac monitoring;

51731

(2) Perform electrical interventions to support or correct	51732
the cardiac function;	51733

(3) Perform airway procedures;

51734

(4) Perform relief of pneumothorax;

51735

(5) Administer appropriate drugs and intravenous fluids;

51736

(6) Determine triage of adult and pediatric trauma victims;

51737

(7) Perform any other emergency medical services, including	51738
life support or intensive care techniques, approved pursuant to	51739
rules adopted under section 4765.11 of the Revised Code.	51740

(C)(1) Except as provided in division (C)(2) of this section,	51741
the services described in division (B) of this section shall be	51742
performed by a paramedic only pursuant to the written or verbal	51743
authorization of a physician or of the cooperating physician	51744
advisory board, or pursuant to an authorization transmitted	51745
through a direct communication device by a physician or registered	51746
nurse designated by a physician.	51747

(2) If communications fail during an emergency situation or	51748
the required response time prohibits communication, a paramedic	51749
may perform any of the services described in division (B) of this	51750
section, if, in the paramedic's judgment, the life of the patient	51751
is in immediate danger. Services performed under these	51752
circumstances shall be performed in accordance with the protocols	51753
for triage of adult and pediatric trauma victims established in	51754
rules adopted under sections 4765.11 and 4765.40 of the Revised	51755
Code and any applicable protocols adopted by the emergency medical	51756
service organization with which the paramedic is affiliated.	51757

(D) In addition to, and in the course of, providing emergency	51758
medical treatment, an emergency medical technician-paramedic may	51759
withdraw blood as provided under sections 1547.11, 4506.17, and	51760
4511.19 of the Revised Code. An emergency medical	51761
technician-paramedic shall withdraw blood in accordance with this	51762
chapter and any rules adopted under it by the state board of	51763
emergency medical and transportation services.	51764

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	51765
~~effective date of this amendment~~November 3, 2000, the state board	51766
of emergency medical and transportation services shall adopt rules	51767
under section 4765.11 of the Revised Code establishing written	51768
protocols for the triage of adult and pediatric trauma victims.	51769
The rules shall define adult and pediatric trauma in a manner that	51770
is consistent with section 4765.01 of the Revised Code, minimizes	51771
overtriage and undertriage, and emphasizes the special needs of	51772
pediatric and geriatric trauma patients.	51773

(2) The state triage protocols adopted under division (A) of	51774
this section shall require a trauma victim to be transported	51775
directly to an adult or pediatric trauma center that is qualified	51776
to provide appropriate adult or pediatric trauma care, unless one	51777
or more of the following exceptions applies:	51778

(a) It is medically necessary to transport the victim to	51779
another hospital for initial assessment and stabilization before	51780
transfer to an adult or pediatric trauma center;	51781

(b) It is unsafe or medically inappropriate to transport the	51782
victim directly to an adult or pediatric trauma center due to	51783
adverse weather or ground conditions or excessive transport time;	51784

(c) Transporting the victim to an adult or pediatric trauma	51785
center would cause a shortage of local emergency medical service	51786
resources;	51787

(d) No appropriate adult or pediatric trauma center is able	51788
to receive and provide adult or pediatric trauma care to the	51789
trauma victim without undue delay;	51790

(e) Before transport of a patient begins, the patient	51791
requests to be taken to a particular hospital that is not a trauma	51792
center or, if the patient is less than eighteen years of age or is	51793
not able to communicate, such a request is made by an adult member	51794
of the patient's family or a legal representative of the patient.	51795

(3)(a) The state triage protocols adopted under division (A)	51796
of this section shall require trauma patients to be transported to	51797
an adult or pediatric trauma center that is able to provide	51798
appropriate adult or pediatric trauma care, but shall not require	51799
a trauma patient to be transported to a particular trauma center.	51800
The state triage protocols shall establish one or more procedures	51801
for evaluating whether an injury victim requires or would benefit	51802
from adult or pediatric trauma care, which procedures shall be	51803
applied by emergency medical service personnel based on the	51804
patient's medical needs. In developing state trauma triage	51805
protocols, the board shall consider relevant model triage rules	51806
and shall consult with the commission on minority health, regional	51807
directors, regional physician advisory boards, and appropriate	51808
medical, hospital, and emergency medical service organizations.	51809

(b) Before the joint committee on agency rule review	51810
considers state triage protocols for trauma victims proposed by	51811
the state board of emergency medical and transportation services,	51812
or amendments thereto, the board shall send a copy of the proposal	51813
to the Ohio chapter of the American college of emergency	51814
physicians, the Ohio chapter of the American college of surgeons,	51815
the Ohio chapter of the American academy of pediatrics, OHA: the	51816
association for hospitals and health systems, the Ohio osteopathic	51817
association, and the association of Ohio children's hospitals and	51818
shall hold a public hearing at which it must consider the	51819
appropriateness of the protocols to minimize overtriage and	51820
undertriage of trauma victims.	51821

(c) The board shall provide copies of the state triage	51822
protocols, and amendments to the protocols, to each emergency	51823
medical service organization, regional director, regional	51824
physician advisory board, certified emergency medical service	51825
instructor, and person who regularly provides medical direction to	51826
emergency medical service personnel in the state; to each medical	51827
service organization in other jurisdictions that regularly provide	51828
emergency medical services in this state; and to others upon	51829
request.	51830

(B)(1) The state board of emergency medical and	51831
transportation services shall approve regional protocols for the	51832
triage of adult and pediatric trauma victims, and amendments to	51833
such protocols, that are submitted to the board as provided in	51834
division (B)(2) of this section and provide a level of adult and	51835
pediatric trauma care comparable to the state triage protocols	51836
adopted under division (A) of this section. The board shall not	51837
otherwise approve regional triage protocols for trauma victims.	51838
The board shall not approve regional triage protocols for regions	51839
that overlap and shall resolve any such disputes by apportioning	51840
the overlapping territory among appropriate regions in a manner	51841
that best serves the medical needs of the residents of that	51842
territory. The trauma committee of the board shall have reasonable	51843
opportunity to review and comment on regional triage protocols and	51844
amendments to such protocols before the board approves or	51845
disapproves them.	51846

(2) Regional protocols for the triage of adult and pediatric	51847
trauma victims, and amendments to such protocols, shall be	51848
submitted in writing to the state board of emergency medical and	51849
transportation services by the regional physician advisory board	51850
or regional director, as appropriate, that serves a majority of	51851
the population in the region in which the protocols apply. Prior	51852
to submitting regional triage protocols, or an amendment to such	51853
protocols, to the state board of emergency medical and	51854
transportation services, a regional physician advisory board or	51855
regional director shall consult with each of the following that	51856
regularly serves the region in which the protocols apply:	51857

(a) Other regional physician advisory boards and regional	51858
directors;	51859

(b) Hospitals that operate an emergency facility;

51860

51861

(d) Professional societies of physicians who specialize in	51862
adult or pediatric emergency medicine or adult or pediatric trauma	51863
surgery;	51864

(e) Professional societies of nurses who specialize in adult	51865
or pediatric emergency nursing or adult or pediatric trauma	51866
surgery;	51867

(f) Professional associations or labor organizations of	51868
emergency medical service personnel;	51869

(g) Emergency medical service organizations and medical	51870
directors of such organizations;	51871

(h) Certified emergency medical service instructors.

51872

(3) Regional protocols for the triage of adult and pediatric	51873
trauma victims approved under division (B)(2) of this section	51874
shall require patients to be transported to a trauma center that	51875
is able to provide an appropriate level of adult or pediatric	51876
trauma care; shall not discriminate among trauma centers for	51877
reasons not related to a patient's medical needs; shall seek to	51878
minimize undertriage and overtriage; may include any of the	51879
exceptions in division (A)(2) of this section; and supersede the	51880
state triage protocols adopted under division (A) of this section	51881
in the region in which the regional protocols apply.	51882

(4) Upon approval of regional protocols for the triage of	51883
adult and pediatric trauma victims under division (B)(2) of this	51884
section, or an amendment to such protocols, the state board of	51885
emergency medical and transportation services shall provide	51886
written notice of the approval and a copy of the protocols or	51887
amendment to each entity in the region in which the protocols	51888
apply to which the board is required to send a copy of the state	51889
triage protocols adopted under division (A) of this section.	51890

(C)(1) The state board of emergency medical and	51891
transportation services shall review the state triage protocols	51892
adopted under division (A) of this section at least every three	51893
years to determine if they are causing overtriage or undertriage	51894
of trauma patients, and shall modify them as necessary to minimize	51895
overtriage and undertriage.	51896

(2) Each regional physician advisory board or regional	51897
director that has had regional triage protocols approved under	51898
division (B)(2) of this section shall review the protocols at	51899
least every three years to determine if they are causing	51900
overtriage or undertriage of trauma patients and shall submit an	51901
appropriate amendment to the state board, as provided in division	51902
(B) of this section, as necessary to minimize overtriage and	51903
undertriage. The state board shall approve the amendment if it	51904
will reduce overtriage or undertriage while complying with	51905
division (B) of this section, and shall not otherwise approve the	51906
amendment.	51907

(D) No provider of emergency medical services or person who	51908
provides medical direction to emergency medical service personnel	51909
in this state shall fail to comply with the state triage protocols	51910
adopted under division (A) of this section or applicable regional	51911
triage protocols approved under division (B)(2) of this section.	51912

(E) The state board of emergency medical and transportation	51913
services shall adopt rules under section 4765.11 of the Revised	51914
Code that provide for enforcement of the state triage protocols	51915
adopted under division (A) of this section and regional triage	51916
protocols approved under division (B)(2) of this section, and for	51917
education regarding those protocols for emergency medical service	51918
organizations and personnel, regional directors and regional	51919
physician advisory boards, emergency medical service instructors,	51920
and persons who regularly provide medical direction to emergency	51921
medical service personnel in this state.	51922

Sec. 4765.42. Each emergency medical service organization	51923
shall give notice of the name of its medical director or the names	51924
of the members of its cooperating physician advisory board to the	51925
state board of emergency medical and transportation services. The	51926
notice shall be made in writing.	51927

Sec. 4765.48. The attorney general, the prosecuting attorney	51928
of the county, or the city director of law shall, upon complaint	51929
of the state board of emergency medical and transportation	51930
services, prosecute to termination or bring an action for	51931
injunction against any person violating this chapter or the rules	51932
adopted under it. The common pleas court in which an action for	51933
injunction is filed has the jurisdiction to grant injunctive	51934
relief upon a showing that the respondent named in the complaint	51935
is in violation of this chapter or the rules adopted under it.	51936

Sec. 4765.49. (A) A first responder, emergency medical	51937
technician-basic, emergency medical technician-intermediate, or	51938
emergency medical technician-paramedic is not liable in damages in	51939
a civil action for injury, death, or loss to person or property	51940
resulting from the individual's administration of emergency	51941
medical services, unless the services are administered in a manner	51942
that constitutes willful or wanton misconduct. A physician or	51943
registered nurse designated by a physician, who is advising or	51944
assisting in the emergency medical services by means of any	51945
communication device or telemetering system, is not liable in	51946
damages in a civil action for injury, death, or loss to person or	51947
property resulting from the individual's advisory communication or	51948
assistance, unless the advisory communication or assistance is	51949
provided in a manner that constitutes willful or wanton	51950
misconduct. Medical directors and members of cooperating physician	51951
advisory boards of emergency medical service organizations are not	51952
liable in damages in a civil action for injury, death, or loss to	51953
person or property resulting from their acts or omissions in the	51954
performance of their duties, unless the act or omission	51955
constitutes willful or wanton misconduct.	51956

(B) A political subdivision, joint ambulance district, joint	51957
emergency medical services district, or other public agency, and	51958
any officer or employee of a public agency or of a private	51959
organization operating under contract or in joint agreement with	51960
one or more political subdivisions, that provides emergency	51961
medical services, or that enters into a joint agreement or a	51962
contract with the state, any political subdivision, joint	51963
ambulance district, or joint emergency medical services district	51964
for the provision of emergency medical services, is not liable in	51965
damages in a civil action for injury, death, or loss to person or	51966
property arising out of any actions taken by a first responder,	51967
EMT-basic, EMT-I, or paramedic working under the officer's or	51968
employee's jurisdiction, or for injury, death, or loss to person	51969
or property arising out of any actions of licensed medical	51970
personnel advising or assisting the first responder, EMT-basic,	51971
EMT-I, or paramedic, unless the services are provided in a manner	51972
that constitutes willful or wanton misconduct.	51973

(C) A student who is enrolled in an emergency medical	51974
services training program accredited under section 4765.17 of the	51975
Revised Code or an emergency medical services continuing education	51976
program approved under that section is not liable in damages in a	51977
civil action for injury, death, or loss to person or property	51978
resulting from either of the following:	51979

(1) The student's administration of emergency medical	51980
services or patient care or treatment, if the services, care, or	51981
treatment is administered while the student is under the direct	51982
supervision and in the immediate presence of an EMT-basic, EMT-I,	51983
paramedic, registered nurse, or physician and while the student is	51984
receiving clinical training that is required by the program,	51985
unless the services, care, or treatment is provided in a manner	51986
that constitutes willful or wanton misconduct;	51987

(2) The student's training as an ambulance driver, unless the	51988
driving is done in a manner that constitutes willful or wanton	51989
misconduct.	51990

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	51991
holds a valid commercial driver's license issued pursuant to	51992
Chapter 4506. of the Revised Code or driver's license issued	51993
pursuant to Chapter 4507. of the Revised Code and who is employed	51994
by an emergency medical service organization that is not owned or	51995
operated by a political subdivision as defined in section 2744.01	51996
of the Revised Code, is not liable in damages in a civil action	51997
for injury, death, or loss to person or property that is caused by	51998
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	51999
or other operator while responding to or completing a call for	52000
emergency medical services, unless the operation constitutes	52001
willful or wanton misconduct or does not comply with the	52002
precautions of section 4511.03 of the Revised Code. An emergency	52003
medical service organization is not liable in damages in a civil	52004
action for any injury, death, or loss to person or property that	52005
is caused by the operation of an ambulance by its employee or	52006
agent, if this division grants the employee or agent immunity from	52007
civil liability for the injury, death, or loss.	52008

(E) An employee or agent of an emergency medical service	52009
organization who receives requests for emergency medical services	52010
that are directed to the organization, dispatches first	52011
responders, EMTs-basic, EMTs-I, or paramedics in response to those	52012
requests, communicates those requests to those employees or agents	52013
of the organization who are authorized to dispatch first	52014
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	52015
combination of these functions for the organization, is not liable	52016
in damages in a civil action for injury, death, or loss to person	52017
or property resulting from the individual's acts or omissions in	52018
the performance of those duties for the organization, unless an	52019
act or omission constitutes willful or wanton misconduct.	52020

(F) A person who is performing the functions of a first	52021
responder, EMT-basic, EMT-I, or paramedic under the authority of	52022
the laws of a state that borders this state and who provides	52023
emergency medical services to or transportation of a patient in	52024
this state is not liable in damages in a civil action for injury,	52025
death, or loss to person or property resulting from the person's	52026
administration of emergency medical services, unless the services	52027
are administered in a manner that constitutes willful or wanton	52028
misconduct. A physician or registered nurse designated by a	52029
physician, who is licensed to practice in the adjoining state and	52030
who is advising or assisting in the emergency medical services by	52031
means of any communication device or telemetering system is not	52032
liable in damages in a civil action for injury, death, or loss to	52033
person or property resulting from the person's advisory	52034
communication or assistance, unless the advisory communication or	52035
assistance is provided in a manner that constitutes willful or	52036
wanton misconduct.	52037

(G) A person certified under section 4765.23 of the Revised	52038
Code to teach in an emergency medical services training program or	52039
emergency medical services continuing education program, and a	52040
person who teaches at the Ohio fire academy established under	52041
section 3737.33 of the Revised Code or in a fire service training	52042
program described in division (A) of section 4765.55 of the	52043
Revised Code, is not liable in damages in a civil action for	52044
injury, death, or loss to person or property resulting from the	52045
person's acts or omissions in the performance of the person's	52046
duties, unless an act or omission constitutes willful or wanton	52047
misconduct.	52048

(H) In the accreditation of emergency medical services	52049
training programs or approval of emergency medical services	52050
continuing education programs, the state board of emergency	52051
medical and transportation services and any person or entity	52052
authorized by the board to evaluate applications for accreditation	52053
or approval are not liable in damages in a civil action for	52054
injury, death, or loss to person or property resulting from their	52055
acts or omissions in the performance of their duties, unless an	52056
act or omission constitutes willful or wanton misconduct.	52057

(I) A person authorized by an emergency medical service	52058
organization to review the performance of first responders,	52059
EMTs-basic, EMTs-I, and paramedics or to administer quality	52060
assurance programs is not liable in damages in a civil action for	52061
injury, death, or loss to person or property resulting from the	52062
person's acts or omissions in the performance of the person's	52063
duties, unless an act or omission constitutes willful or wanton	52064
misconduct.	52065

Sec. 4765.55. (A) The executive director of the state board	52066
of emergency medical and transportation services, with the advice	52067
and counsel of the firefighter and fire safety inspector training	52068
committee of the state board of emergency medical and	52069
transportation services, shall assist in the establishment and	52070
maintenance by any state agency, or any county, township, city,	52071
village, school district, or educational service center of a fire	52072
service training program for the training of all persons in	52073
positions of any fire training certification level approved by the	52074
executive director, including full-time paid firefighters,	52075
part-time paid firefighters, volunteer firefighters, and, fire	52076
safety inspectors in this state. The executive director, with the	52077
advice and counsel of the committee, shall adopt rules to regulate	52078
those firefighter and fire safety inspector training programs, and	52079
other training programs approved by the executive director. The	52080
rules may include, but need not be limited to, training	52081
curriculum, certification examinations, training schedules,	52082
minimum hours of instruction, attendance requirements, required	52083
equipment and facilities, basic physical requirements, and methods	52084
of training for all persons in positions of any fire training	52085
certification level approved by the executive director, including	52086
full-time paid firefighters, part-time paid firefighters,	52087
volunteer firefighters, and fire safety inspectors. The rules	52088
adopted to regulate training programs for volunteer firefighters	52089
shall not require more than thirty-six hours of training.	52090

The executive director, with the advice and counsel of the	52091
committee, shall provide for the classification and chartering of	52092
fire service training programs in accordance with rules adopted	52093
under division (B) of this section, and may take action against	52094
any chartered training program or applicant, in accordance with	52095
rules adopted under divisions (B)(4) and (5) of this section, for	52096
failure to meet standards set by the adopted rules.	52097

(B) The executive director, with the advice and counsel of	52098
the firefighter and fire safety inspector training committee of	52099
the state board of emergency medical and transportation services,	52100
shall adopt, and may amend or rescind, rules under Chapter 119. of	52101
the Revised Code that establish all of the following:	52102

(1) Requirements for, and procedures for chartering, the	52103
training programs regulated by this section;	52104

(2) Requirements for, and requirements and procedures for	52105
obtaining and renewing, an instructor certificate to teach the	52106
training programs and continuing education classes regulated by	52107
this section;	52108

(3) Requirements for, and requirements and procedures for	52109
obtaining and renewing, any of the fire training certificates	52110
regulated by this section;	52111

(4) Grounds and procedures for suspending, revoking,	52112
restricting, or refusing to issue or renew any of the certificates	52113
or charters regulated by this section, which grounds shall be	52114
limited to one of the following:	52115

(a) Failure to satisfy the education or training requirements	52116
of this section;	52117

(b) Conviction of a felony offense;

52118

52119

(d) Conviction of a misdemeanor committed in the course of	52120
practice;	52121

(e) In the case of a chartered training program or applicant,	52122
failure to meet standards set by the rules adopted under this	52123
division.	52124

(5) Grounds and procedures for imposing and collecting fines,	52125
not to exceed one thousand dollars, in relation to actions taken	52126
under division (B)(4) of this section against persons holding	52127
certificates and charters regulated by this section, the fines to	52128
be deposited into the trauma and emergency medical services fund	52129
established under section 4513.263 of the Revised Code;	52130

(6) Continuing education requirements for certificate	52131
holders, including a requirement that credit shall be granted for	52132
in-service training programs conducted by local entities;	52133

(7) Procedures for considering the granting of an extension	52134
or exemption of fire service continuing education requirements;	52135

(8) Certification cycles for which the certificates and	52136
charters regulated by this section are valid.	52137

(C) The executive director, with the advice and counsel of	52138
the firefighter and fire safety inspector training committee of	52139
the state board of emergency medical and transportation services,	52140
shall issue or renew an instructor certificate to teach the	52141
training programs and continuing education classes regulated by	52142
this section to any applicant that the executive director	52143
determines meets the qualifications established in rules adopted	52144
under division (B) of this section, and may take disciplinary	52145
action against an instructor certificate holder or applicant in	52146
accordance with rules adopted under division (B) of this section.	52147
The executive director, with the advice and counsel of the	52148
committee, shall charter or renew the charter of any training	52149
program that the executive director determines meets the	52150
qualifications established in rules adopted under division (B) of	52151
this section, and may take disciplinary action against the holder	52152
of a charter in accordance with rules adopted under division (B)	52153
of this section.	52154

(D) The executive director shall issue or renew a fire	52155
training certificate for a firefighter, a fire safety inspector,	52156
or another position of any fire training certification level	52157
approved by the executive director, to any applicant that the	52158
executive director determines meets the qualifications established	52159
in rules adopted under division (B) of this section and may take	52160
disciplinary actions against a certificate holder or applicant in	52161
accordance with rules adopted under division (B) of this section.	52162

(E) Certificates issued under this section shall be on a form	52163
prescribed by the executive director, with the advice and counsel	52164
of the firefighter and fire safety inspector training committee of	52165
the state board of emergency medical and transportation services.	52166

(F)(1) The executive director, with the advice and counsel of	52167
the firefighter and fire safety inspector training committee of	52168
the state board of emergency medical and transportation services,	52169
shall establish criteria for evaluating the standards maintained	52170
by other states and the branches of the United States military for	52171
firefighter, fire safety inspector, and fire instructor training	52172
programs, and other training programs recognized by the executive	52173
director, to determine whether the standards are equivalent to	52174
those established under this section and shall establish	52175
requirements and procedures for issuing a certificate to each	52176
person who presents proof to the executive director of having	52177
satisfactorily completed a training program that meets those	52178
standards.	52179

(2) The executive director, with the committee's advice and	52180
counsel, shall adopt rules establishing requirements and	52181
procedures for issuing a fire training certificate in lieu of	52182
completing a chartered training program.	52183

(G) Nothing in this section invalidates any other section of	52184
the Revised Code relating to the fire training academy. Section	52185
4765.11 of the Revised Code does not affect any powers and duties	52186
granted to the executive director under this section.	52187

Sec. 4765.56. On receipt of a notice pursuant to section	52188
3123.43 of the Revised Code, the state board of emergency medical	52189
and transportation services shall comply with sections 3123.41 to	52190
3123.50 of the Revised Code and any applicable rules adopted under	52191
section 3123.63 of the Revised Code with respect to a certificate	52192
to practice issued pursuant to this chapter.	52193

Sec. 4766.01. As used in this chapter:

52194

(A) "Advanced life support" means treatment described in	52195
section 4765.39 of the Revised Code that a paramedic is certified	52196
to perform.	52197

(B) "Air medical service organization" means an organization	52198
that furnishes, conducts, maintains, advertises, promotes, or	52199
otherwise engages in providing medical services with a rotorcraft	52200
air ambulance or fixed wing air ambulance.	52201

(C) "Air medical transportation" means the transporting of a	52202
patient by rotorcraft air ambulance or fixed wing air ambulance	52203
with appropriately licensed and certified medical personnel.	52204

(D) "Ambulance" means any motor vehicle that is specifically	52205
designed, constructed, or modified and equipped and is intended to	52206
be used to provide basic life support, intermediate life support,	52207
advanced life support, or mobile intensive care unit services and	52208
transportation upon the streets or highways of this state of	52209
persons who are seriously ill, injured, wounded, or otherwise	52210
incapacitated or helpless. "Ambulance" does not include air	52211
medical transportation or a vehicle designed and used solely for	52212
the transportation of nonstretcher-bound persons, whether	52213
hospitalized or handicapped or whether ambulatory or confined to a	52214
wheelchair.	52215

(E) "Ambulette" means a motor vehicle that is specifically	52216
designed, constructed, or modified and equipped and is intended to	52217
be used for transportation upon the streets or highways of this	52218
state of persons who require use of a wheelchair.	52219

(F) "Basic life support" means treatment described in section	52220
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	52221
perform.	52222

(G) "Disaster situation" means any condition or situation	52223
described by rule of the ~~Ohio~~state board of emergency medical	52224
and transportation ~~board~~services as a mass casualty, major	52225
emergency, natural disaster, or national emergency.	52226

(H) "Emergency medical service organization" means an	52227
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~advanced EMTs, or	52228
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~advanced	52229
EMTs, and paramedics, to provide medical care to victims of	52230
illness or injury. An emergency medical service organization	52231
includes, but is not limited to, a commercial ambulance service	52232
organization, a hospital, and a funeral home.	52233

(I) "~~EMT-basic~~EMT," "~~EMT-I~~advanced EMT," and "paramedic"	52234
have the same meanings as in section 4765.01 of the Revised Code.	52235

(J) "Fixed wing air ambulance" means a fixed wing aircraft	52236
that is specifically designed, constructed, or modified and	52237
equipped and is intended to be used as a means of air medical	52238
transportation.	52239

(K) "Intermediate life support" means treatment described in	52240
section 4765.38 of the Revised Code that an ~~EMT-I~~advanced EMT is	52241
certified to perform.	52242

(L) "Major emergency" means any emergency event that cannot	52243
be resolved through the use of locally available emergency	52244
resources.	52245

(M) "Mass casualty" means an emergency event that results in	52246
ten or more persons being injured, incapacitated, made ill, or	52247
killed.	52248

(N) "Medical emergency" means an unforeseen event affecting	52249
an individual in such a manner that a need for immediate care is	52250
created.	52251

(O) "Mobile intensive care unit" means an ambulance used only	52252
for maintaining specialized or intensive care treatment and used	52253
primarily for interhospital transports of patients whose	52254
conditions require care beyond the scope of a paramedic as	52255
provided in section 4765.39 of the Revised Code.	52256

(P)(1) "Nonemergency medical service organization" means a	52257
person that does both of the following:	52258

(a) Provides services to the public on a regular basis for	52259
the purpose of transporting individuals who require the use of a	52260
wheelchair or are confined to a wheelchair to receive health care	52261
services at health care facilities or health care practitioners'	52262
offices in nonemergency circumstances;	52263

(b) Provides the services for a fee, regardless of whether	52264
the fee is paid by the person being transported, a third party	52265
payer, as defined in section 3702.51 of the Revised Code, or any	52266
other person or government entity.	52267

(2) "Nonemergency medical service organization" does not	52268
include a health care facility, as defined in section 1751.01 of	52269
the Revised Code, that provides ambulette services only to	52270
patients of that facility.	52271

(Q) "Nontransport vehicle" means a motor vehicle operated by	52272
a licensed emergency medical service organization not as an	52273
ambulance, but as a vehicle for providing services in conjunction	52274
with the ambulances operated by the organization or other	52275
emergency medical service organizations.	52276

(R) "Patient" means any individual who as a result of illness	52277
or injury needs medical attention, whose physical or mental	52278
condition is such that there is imminent danger of loss of life or	52279
significant health impairment, who may be otherwise incapacitated	52280
or helpless as a result of a physical or mental condition, or	52281
whose physical condition requires the use of a wheelchair.	52282

(S) "Rotorcraft air ambulance" means a helicopter or other	52283
aircraft capable of vertical takeoffs, vertical landings, and	52284
hovering that is specifically designed, constructed, or modified	52285
and equipped and is intended to be used as a means of air medical	52286
transportation.	52287

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical	52288
and transportation ~~board~~services shall adopt rules, in accordance	52289
with Chapter 119. of the Revised Code, implementing the	52290
requirements of this chapter. The rules shall include provisions	52291
relating to the following:	52292

(1) Requirements for an emergency medical service	52293
organization to receive a permit for an ambulance or nontransport	52294
vehicle;	52295

(2) Requirements for an emergency medical service	52296
organization to receive a license as a basic life-support,	52297
intermediate life-support, advanced life-support, or mobile	52298
intensive care unit organization;	52299

(3) Requirements for a nonemergency medical service	52300
organization to receive a permit for an ambulette vehicle;	52301

(4) Requirements for a nonemergency medical service	52302
organization to receive a license for an ambulette service;	52303

(5) Requirements for an air medical service organization to	52304
receive a permit for a rotorcraft air ambulance or fixed wing air	52305
ambulance;	52306

(6) Requirements for licensure of air medical service	52307
organizations;	52308

(7) Forms for applications and renewals of licenses and	52309
permits;	52310

(8) Requirements for record keeping of service responses made	52311
by licensed emergency medical service organizations;	52312

(9) Fee amounts for licenses and permits, and their renewals;

52313

(10) Inspection requirements for licensees' vehicles or	52314
aircraft, records, and physical facilities;	52315

(11) Fee amounts for inspections of ambulances, ambulettes,	52316
rotorcraft air ambulances, fixed wing air ambulances, and	52317
nontransport vehicles;	52318

(12) Requirements for ambulances and nontransport vehicles	52319
used by licensed emergency medical service organizations, for	52320
ambulette vehicles used by licensed nonemergency medical service	52321
organizations, and for rotorcraft air ambulances or fixed wing air	52322
ambulances used by licensed air medical service organizations that	52323
specify for each type of vehicle or aircraft the types of	52324
equipment that must be carried, the communication systems that	52325
must be maintained, and the personnel who must staff the vehicle	52326
or aircraft;	52327

(13) The level of care each type of emergency medical service	52328
organization, nonemergency medical service organization, and air	52329
medical service organization is authorized to provide;	52330

(14) Eligibility requirements for employment as an ambulette	52331
driver, including grounds for disqualification due to the results	52332
of a motor vehicle law violation check, chemical test, or criminal	52333
records check. The rule may require that an applicant for	52334
employment as an ambulette driver provide a set of fingerprints to	52335
law enforcement authorities if the applicant comes under final	52336
consideration for employment.	52337

(15) Any other rules that the board determines necessary for	52338
the implementation and enforcement of this chapter.	52339

(B) In the rules for ambulances and nontransport vehicles	52340
adopted under division (A)(12) of this section, the board may	52341
establish requirements that vary according to whether the	52342
emergency medical service organization using the vehicles is	52343
licensed as a basic life-support, intermediate life-support,	52344
advanced life-support, or mobile intensive care unit organization.	52345

(C) A mobile intensive care unit that is not dually certified	52346
to provide advanced life-support and meets the requirements of the	52347
rules adopted under this section is not required to carry	52348
immobilization equipment, including board splint kits, traction	52349
splints, backboards, backboard straps, cervical immobilization	52350
devices, cervical collars, stair chairs, folding cots, or other	52351
types of immobilization equipment determined by the board to be	52352
unnecessary for mobile intensive care units.	52353

A mobile intensive care unit is exempt from the emergency	52354
medical technician staffing requirements of section 4765.43 of the	52355
Revised Code when it is staffed by at least one physician or	52356
registered nurse and another person, designated by a physician,	52357
who holds a valid license or certificate to practice in a health	52358
care profession, and when at least one of the persons staffing the	52359
mobile intensive care unit is a registered nurse whose training	52360
meets or exceeds the training required for a paramedic.	52361

Sec. 4766.04. (A) Except as otherwise provided in this	52362
chapter, no person shall furnish, operate, conduct, maintain,	52363
advertise, engage in, or propose or profess to engage in the	52364
business or service in this state of transporting persons who are	52365
seriously ill, injured, or otherwise incapacitated or who require	52366
the use of a wheelchair or are confined to a wheelchair unless the	52367
person is licensed pursuant to this section.	52368

(B) To qualify for a license as a basic life-support,	52369
intermediate life-support, advanced life-support, or mobile	52370
intensive care unit organization, an emergency medical service	52371
organization shall do all of the following:	52372

(1) Apply for a permit for each ambulance and nontransport	52373
vehicle owned or leased as provided in section 4766.07 of the	52374
Revised Code;	52375

(2) Meet all requirements established in rules adopted by the	52376
~~Ohio~~state board of emergency medical and transportation ~~board~~	52377
services regarding ambulances and nontransport vehicles, including	52378
requirements pertaining to equipment, communications systems,	52379
staffing, and level of care the particular organization is	52380
permitted to render;	52381

(3) Maintain the appropriate type and amount of insurance as	52382
specified in section 4766.06 of the Revised Code;	52383

(4) Meet all other requirements established under rules	52384
adopted by the board for the particular license.	52385

(C) To qualify for a license to provide ambulette service, a	52386
nonemergency medical service organization shall do all of the	52387
following:	52388

(1) Apply for a permit for each ambulette owned or leased as	52389
provided in section 4766.07 of the Revised Code;	52390

(2) Meet all requirements established in rules adopted by the	52391
~~Ohio~~state board of emergency medical and transportation ~~board~~	52392
services regarding ambulettes, including requirements pertaining	52393
to equipment, communication systems, staffing, and level of care	52394
the organization is permitted to render;	52395

(3) Maintain the appropriate type and amount of insurance as	52396
specified in section 4766.06 of the Revised Code;	52397

(4) Meet all other requirements established under rules	52398
adopted by the board for the license.	52399

(D) To qualify for a license to provide air medical	52400
transportation, an air medical service organization shall do all	52401
of the following:	52402

(1) Apply for a permit for each rotorcraft air ambulance and	52403
fixed wing air ambulance owned or leased as provided in section	52404
4766.07 of the Revised Code;	52405

(2) Meet all requirements established in rules adopted by the	52406
~~Ohio~~state board of emergency medical and transportation ~~board~~	52407
services regarding rotorcraft air ambulances and fixed wing air	52408
ambulances, including requirements pertaining to equipment,	52409
communication systems, staffing, and level of care the	52410
organization is permitted to render;	52411

(3) Maintain the appropriate type and amount of insurance as	52412
specified in section 4766.06 of the Revised Code;	52413

(4) Meet all other requirements established under rules	52414
adopted by the board for the license.	52415

(E) An emergency medical service organization that applies	52416
for a license as a basic life-support, intermediate life-support,	52417
advanced life-support, or mobile intensive care unit organization;	52418
a nonemergency medical service organization that applies for a	52419
license to provide ambulette service; or an air medical service	52420
organization that applies for a license to provide air medical	52421
transportation shall submit a completed application to the board,	52422
on a form provided by the board for each particular license,	52423
together with the appropriate fees established under section	52424
4766.05 of the Revised Code. The application form shall include	52425
all of the following:	52426

(1) The name and business address of the operator of the	52427
organization for which licensure is sought;	52428

(2) The name under which the applicant will operate the	52429
organization;	52430

(3) A list of the names and addresses of all officers and	52431
directors of the organization;	52432

(4) For emergency medical service organizations and	52433
nonemergency medical service organizations, a description of each	52434
vehicle to be used, including the make, model, year of	52435
manufacture, mileage, vehicle identification number, and the color	52436
scheme, insignia, name, monogram, or other distinguishing	52437
characteristics to be used to designate the applicant's vehicle;	52438

(5) For air medical service organizations using fixed wing	52439
air ambulances, a description of each aircraft to be used,	52440
including the make, model, year of manufacture, and aircraft hours	52441
on airframe;	52442

(6) For air medical service organizations using rotorcraft	52443
air ambulances, a description of each aircraft to be used,	52444
including the make, model, year of manufacture, aircraft hours on	52445
airframe, aircraft identification number, and the color scheme,	52446
insignia, name, monogram, or other distinguishing characteristics	52447
to be used to designate the applicant's rotorcraft air ambulance;	52448

(7) The location and description of each place from which the	52449
organization will operate;	52450

(8) A description of the geographic area to be served by the	52451
applicant;	52452

(9) Any other information the board, by rule, determines	52453
necessary.	52454

(F) Within sixty days after receiving a completed application	52455
for licensure as a basic life-support, intermediate life-support,	52456
advanced life-support, or mobile intensive care unit organization;	52457
an ambulette service; or an air medical service organization, the	52458
board shall approve or deny the application. The board shall deny	52459
an application if it determines that the applicant does not meet	52460
the requirements of this chapter or any rules adopted under it.	52461
The board shall send notice of the denial of an application by	52462
certified mail to the applicant. The applicant may request a	52463
hearing within ten days after receipt of the notice. If the board	52464
receives a timely request, it shall hold a hearing in accordance	52465
with Chapter 119. of the Revised Code.	52466

(G) If an applicant or licensee operates or plans to operate	52467
an organization in more than one location under the same or	52468
different identities, the applicant or licensee shall apply for	52469
and meet all requirements for licensure or renewal of a license,	52470
other than payment of a license fee or renewal fee, for operating	52471
the organization at each separate location. An applicant or	52472
licensee that operates or plans to operate under the same	52473
organization identity in separate locations shall pay only a	52474
single license fee.	52475

(H) An emergency medical service organization that wishes to	52476
provide ambulette services to the public must apply for a separate	52477
license under division (C) of this section.	52478

(I) Each license issued under this section and each permit	52479
issued under section 4766.07 of the Revised Code expires one year	52480
after the date of issuance and may be renewed in accordance with	52481
the standard renewal procedures of Chapter 4745. of the Revised	52482
Code. An application for renewal shall include the license or	52483
permit renewal fee established under section 4766.05 of the	52484
Revised Code. An applicant for renewal of a permit also shall	52485
submit to the board proof of an annual inspection of the vehicle	52486
or aircraft for which permit renewal is sought. The board shall	52487
renew a license if the applicant meets the requirements for	52488
licensure and shall renew a permit if the applicant and vehicle or	52489
aircraft meet the requirements to maintain a permit for that	52490
vehicle or aircraft.	52491

(J) Each licensee shall maintain accurate records of all	52492
service responses conducted. The records shall be maintained on	52493
forms prescribed by the board and shall contain information as	52494
specified by rule by the board.	52495

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical	52496
and transportation ~~board~~services shall establish by rule a	52497
license fee, a permit fee for each ambulance, ambulette,	52498
rotorcraft air ambulance, fixed wing air ambulance, and	52499
nontransport vehicle owned or leased by the licensee that is or	52500
will be used as provided in section 4766.07 of the Revised Code,	52501
and fees for renewals of licenses and permits, taking into	52502
consideration the actual costs incurred by the board in carrying	52503
out its duties under this chapter. However, the fee for each	52504
license and each renewal of a license shall not exceed one hundred	52505
dollars, and the fee for each permit and each renewal of a permit	52506
shall not exceed one hundred dollars for each ambulance,	52507
rotorcraft air ambulance, fixed wing air ambulance, and	52508
nontransport vehicle. The ~~fee for each permit and each renewal of~~	52509
~~a permit shall be twenty-five dollars for each ambulette for one~~	52510
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	52511
rule the fee, which shall not exceed fifty dollars, for each	52512
permit and each renewal of a permit for each ambulette. For	52513
purposes of establishing fees, "actual costs" includes the costs	52514
of salaries, expenses, inspection equipment, supervision, and	52515
program administration.	52516

(B) The board shall deposit all fees and other moneys	52517
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	52518
the Revised Code in the state treasury to the credit of the	52519
occupational licensing and regulatory fund, which is created by	52520
section 4743.05 of the Revised Code. All moneys from the fund	52521
shall be used solely for the salaries and expenses of the board	52522
incurred in implementing and enforcing this chapter.	52523

(C) The board, subject to the approval of the controlling	52524
board, may establish fees in excess of the maximum amounts allowed	52525
under division (A) of this section, but such fees shall not exceed	52526
those maximum amounts by more than fifty per cent.	52527

Sec. 4766.07. (A) Except as otherwise provided by rule of	52528
the ~~Ohio~~state board of emergency medical and transportation ~~board~~	52529
services, each emergency medical service organization,	52530
nonemergency medical service organization, and air medical service	52531
organization subject to licensure under this chapter shall possess	52532
a valid permit for each ambulance, ambulette, rotorcraft air	52533
ambulance, fixed wing air ambulance, and nontransport vehicle it	52534
owns or leases that is or will be used by the licensee to perform	52535
the services permitted by the license. Each licensee and license	52536
applicant shall submit the appropriate fee and an application for	52537
a permit for each ambulance, ambulette, rotorcraft air ambulance,	52538
fixed wing air ambulance, and nontransport vehicle to the ~~Ohio~~	52539
state board of emergency medical and transportation ~~board~~services	52540
on forms provided by the board. The application shall include	52541
documentation that the vehicle or aircraft meets the appropriate	52542
standards set by the board, that the vehicle or aircraft has been	52543
inspected pursuant to division (C) of this section, that the	52544
permit applicant maintains insurance as provided in section	52545
4766.06 of the Revised Code, and that the vehicle or aircraft and	52546
permit applicant meet any other requirements established under	52547
rules adopted by the board.	52548

The ~~Ohio~~state board of emergency medical and transportation	52549
~~board~~services may adopt rules in accordance with Chapter 119. of	52550
the Revised Code to authorize the temporary use of a vehicle or	52551
aircraft for which a permit is not possessed under this section in	52552
back-up or disaster situations.	52553

(B)(1) Within sixty days after receiving a completed	52554
application for a permit, the board shall issue or deny the	52555
permit. The board shall deny an application if it determines that	52556
the permit applicant, vehicle, or aircraft does not meet the	52557
requirements of this chapter and the rules adopted under it that	52558
apply to permits for ambulances, ambulettes, rotorcraft air	52559
ambulances, fixed wing air ambulances, and nontransport vehicles.	52560
The board shall send notice of the denial of an application by	52561
certified mail to the permit applicant. The permit applicant may	52562
request a hearing within ten days after receipt of the notice. If	52563
the board receives a timely request, it shall hold a hearing in	52564
accordance with Chapter 119. of the Revised Code.	52565

(2) If the board issues the vehicle permit for an ambulance,	52566
ambulette, or nontransport vehicle, it also shall issue a decal,	52567
in a form prescribed by rule, to be displayed on the rear window	52568
of the vehicle. The board shall not issue a decal until all of the	52569
requirements for licensure and permit issuance have been met.	52570

(3) If the board issues the aircraft permit for a rotorcraft	52571
air ambulance or fixed wing air ambulance, it also shall issue a	52572
decal, in a form prescribed by rule, to be displayed on the left	52573
fuselage aircraft window in a manner that complies with all	52574
applicable federal aviation regulations. The board shall not issue	52575
a decal until all of the requirements for licensure and permit	52576
issuance have been met.	52577

(C) In addition to any other requirements that the board	52578
establishes by rule, a licensee or license applicant applying for	52579
an initial vehicle or aircraft permit under division (A) of this	52580
section shall submit to the board the vehicle or aircraft for	52581
which the permit is sought. Thereafter, a licensee shall annually	52582
submit to the board each vehicle or aircraft for which a permit	52583
has been issued.	52584

(1) The board shall conduct a physical inspection of an	52585
ambulance, ambulette, or nontransport vehicle to determine its	52586
roadworthiness and compliance with standard motor vehicle	52587
requirements.	52588

(2) The board shall conduct a physical inspection of the	52589
medical equipment, communication system, and interior of an	52590
ambulance to determine the operational condition and safety of the	52591
equipment and the ambulance's interior and to determine whether	52592
the ambulance is in compliance with the federal requirements for	52593
ambulance construction that were in effect at the time the	52594
ambulance was manufactured, as specified by the general services	52595
administration in the various versions of its publication titled	52596
"federal specification for the star-of-life ambulance,	52597
KKK-A-1822."	52598

(3) The board shall conduct a physical inspection of the	52599
equipment, communication system, and interior of an ambulette to	52600
determine the operational condition and safety of the equipment	52601
and the ambulette's interior and to determine whether the	52602
ambulette is in compliance with state requirements for ambulette	52603
construction. The board shall determine by rule requirements for	52604
the equipment, communication system, interior, and construction of	52605
an ambulette.	52606

(4) The board shall conduct a physical inspection of the	52607
medical equipment, communication system, and interior of a	52608
rotorcraft air ambulance or fixed wing air ambulance to determine	52609
the operational condition and safety of the equipment and the	52610
aircraft's interior.	52611

(5) The board shall issue a certificate to the applicant for	52612
each vehicle or aircraft that passes the inspection and may assess	52613
a fee for each inspection, as established by the board.	52614

(6) The board shall adopt rules regarding the implementation	52615
and coordination of inspections. The rules may permit the board to	52616
contract with a third party to conduct the inspections required of	52617
the board under this section.	52618

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical	52619
and transportation ~~board may~~services, pursuant to an adjudication	52620
conducted in accordance with Chapter 119. of the Revised Code, may	52621
suspend or revoke any license or permit or renewal thereof issued	52622
under this chapter for any one or combination of the following	52623
causes:	52624

(1) Violation of this chapter or any rule adopted thereunder;

52625

(2) Refusal to permit the board to inspect a vehicle or	52626
aircraft used under the terms of a permit or to inspect the	52627
records or physical facilities of a licensee;	52628

(3) Failure to meet the ambulance, ambulette, rotorcraft air	52629
ambulance, fixed wing air ambulance, and nontransport vehicle	52630
requirements specified in this chapter or the rules adopted	52631
thereunder;	52632

(4) Violation of an order issued by the board;

52633

(5) Failure to comply with any of the terms of an agreement	52634
entered into with the board regarding the suspension or revocation	52635
of a license or permit or the imposition of a penalty under this	52636
section.	52637

(B) If the board determines that the records, record-keeping	52638
procedures, or physical facilities of a licensee, or an ambulance,	52639
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	52640
nontransport vehicle for which a valid permit has been issued, do	52641
not meet the standards specified in this chapter and the rules	52642
adopted thereunder, the board shall notify the licensee of any	52643
deficiencies within thirty days of finding the deficiencies. If	52644
the board determines that the deficiencies exist and they remain	52645
uncorrected after thirty days, the board may suspend the license,	52646
vehicle permit, or aircraft permit. The licensee, notwithstanding	52647
the suspension under this division, may operate until all appeals	52648
have been exhausted.	52649

(C) At the discretion of the board, a licensee whose license	52650
has been suspended or revoked under this section may be ineligible	52651
to be licensed under this chapter for a period of not more than	52652
three years from the date of the violation, provided that the	52653
board shall make no determination on a period of ineligibility	52654
until all the licensee's appeals relating to the suspension or	52655
revocation have been exhausted.	52656

(D) The board may, in addition to any other action taken	52657
under this section and after a hearing conducted pursuant to	52658
Chapter 119. of the Revised Code, impose a penalty of not more	52659
than fifteen hundred dollars for any violation specified in this	52660
section. The attorney general shall institute a civil action for	52661
the collection of any such penalty imposed.	52662

Sec. 4766.09. This chapter does not apply to any of the	52663
following:	52664

(A) A person rendering services with an ambulance in the	52665
event of a disaster situation when licensees' vehicles based in	52666
the locality of the disaster situation are incapacitated or	52667
insufficient in number to render the services needed;	52668

(B) Any person operating an ambulance, ambulette, rotorcraft	52669
air ambulance, or fixed wing air ambulance outside this state	52670
unless receiving a person within this state for transport to a	52671
location within this state;	52672

(C) A publicly owned or operated emergency medical service	52673
organization and the vehicles it owns or leases and operates,	52674
except as provided in section 307.051, division (G) of section	52675
307.055, division (F) of section 505.37, division (B) of section	52676
505.375, and division (B)(3) of section 505.72 of the Revised	52677
Code;	52678

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	52679
wing air ambulance, or nontransport vehicle owned or leased and	52680
operated by the federal government;	52681

(E) A publicly owned and operated fire department vehicle;

52682

(F) Emergency vehicles owned by a corporation and operating	52683
only on the corporation's premises, for the sole use by that	52684
corporation;	52685

(G) An ambulance, nontransport vehicle, or other emergency	52686
medical service organization vehicle owned and operated by a	52687
municipal corporation;	52688

(H) A motor vehicle titled in the name of a volunteer rescue	52689
service organization, as defined in section 4503.172 of the	52690
Revised Code;	52691

(I) A public emergency medical service organization;

52692

(J) A fire department, rescue squad, or life squad comprised	52693
of volunteers who provide services without expectation of	52694
remuneration and do not receive payment for services other than	52695
reimbursement for expenses;	52696

(K) A private, nonprofit emergency medical service	52697
organization when fifty per cent or more of its personnel are	52698
volunteers, as defined in section 4765.01 of the Revised Code;	52699

(L) Emergency medical service personnel who are regulated by	52700
the state board of emergency medical and transportation services	52701
under Chapter 4765. of the Revised Code;	52702

(M) Any of the following that operates a transit bus, as that	52703
term is defined in division (Q) of section 5735.01 of the Revised	52704
Code, unless the entity provides ambulette services that are	52705
reimbursed under the state medicaid plan:	52706

(1) A public nonemergency medical service organization;

52707

(2) An urban or rural public transit system;

52708

(3) A private nonprofit organization that receives grants	52709
under section 5501.07 of the Revised Code.	52710

(N)(1) An entity, to the extent it provides ambulette	52711
services, if the entity meets all of the following conditions:	52712

(a) The entity is certified by the department of aging or the	52713
department's designee in accordance with section 173.391 of the	52714
Revised Code or operates under a contract or grant agreement with	52715
the department or the department's designee in accordance with	52716
section 173.392 of the Revised Code.	52717

(b) The entity meets the requirements of section 4766.14 of	52718
the Revised Code.	52719

(c) The entity does not provide ambulette services that are	52720
reimbursed under the state medicaid plan.	52721

(2) A vehicle, to the extent it is used to provide ambulette	52722
services, if the vehicle meets both of the following conditions:	52723

(a) The vehicle is owned by an entity that meets the	52724
conditions specified in division (N)(1) of this section.	52725

(b) The vehicle does not provide ambulette services that are	52726
reimbursed under the state medicaid plan.	52727

(O) A vehicle that meets both of the following criteria,	52728
unless the vehicle provides services that are reimbursed under the	52729
state medicaid plan:	52730

(1) The vehicle was purchased with funds from a grant made by	52731
the United States secretary of transportation under 49 U.S.C.	52732
5310;	52733

(2) The department of transportation holds a lien on the	52734
vehicle.	52735

Sec. 4766.10. This chapter does not invalidate any ordinance	52736
or resolution adopted by a municipal corporation that establishes	52737
standards for the licensure of emergency medical service	52738
organizations as basic life-support, intermediate life-support, or	52739
advanced life-support service organizations that have their	52740
principal places of business located within the limits of the	52741
municipal corporation, as long as the licensure standards meet or	52742
exceed the standards established in this chapter and the rules	52743
adopted thereunder.	52744

Emergency medical service organizations licensed by a	52745
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	52746
state board of emergency medical and transportation ~~board~~	52747
services, but the fees they pay to the board for licenses,	52748
permits, and renewals thereof shall not exceed fifty per cent of	52749
the fee amounts established by the board pursuant to section	52750
4766.03 of the Revised Code. The board may choose to waive the	52751
vehicle inspection requirements and inspection fees, but not the	52752
permit fees, for the vehicles of organizations licensed by a	52753
municipal corporation.	52754

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical	52755
and transportation ~~board~~services may investigate alleged	52756
violations of this chapter or the rules adopted under it and may	52757
investigate any complaints received regarding alleged violations.	52758

In addition to any other remedies available and regardless of	52759
whether an adequate remedy at law exists, the board may apply to	52760
the court of common pleas in the county where a violation of any	52761
provision of this chapter or any rule adopted pursuant thereto is	52762
occurring for a temporary or permanent injunction restraining a	52763
person from continuing to commit that violation. On a showing that	52764
a person has committed a violation, the court shall grant the	52765
injunction.	52766

In conducting an investigation under this section, the board	52767
may issue subpoenas compelling the attendance and testimony of	52768
witnesses and the production of books, records, and other	52769
documents pertaining to the investigation. If a person fails to	52770
obey a subpoena from the board, the board may apply to the court	52771
of common pleas in the county where the investigation is being	52772
conducted for an order compelling the person to comply with the	52773
subpoena. On application by the board, the court shall compel	52774
obedience by attachment proceedings for contempt, as in the case	52775
of disobedience of the requirements of a subpoena from the court	52776
or a refusal to testify therein.	52777

(B) The ~~medical transportation~~ board may suspend a license	52778
issued under this chapter without a prior hearing if it determines	52779
that there is evidence that the license holder is subject to	52780
action under this section and that there is clear and convincing	52781
evidence that continued operation by the license holder presents a	52782
danger of immediate and serious harm to the public. The	52783
chairperson and executive director of the board shall make a	52784
preliminary determination and describe the evidence on which they	52785
made their determination to the board members. The board by	52786
resolution may designate another board member to act in place of	52787
the chairperson or another employee to act in place of the	52788
executive director in the event that the chairperson or executive	52789
director is unavailable or unable to act. Upon review of the	52790
allegations, the board, by the affirmative vote of ~~at least four~~a	52791
majority of its members, may suspend the license without a	52792
hearing.	52793

~~Any method of communication, including a telephone conference~~	52794
~~call, may be utilized for describing the evidence to the board~~	52795
~~members, for reviewing the allegations, and for voting on the~~	52796
~~suspension.~~	52797

Immediately following the decision by the board to suspend a	52798
license under this division, the board shall issue a written order	52799
of suspension and cause it to be delivered in accordance with	52800
section 119.07 of the Revised Code. If the license holder subject	52801
to the suspension requests an adjudication hearing by the board,	52802
the date set for the adjudication shall be within fifteen days but	52803
not earlier than seven days after the request unless another date	52804
is agreed to by the license holder and the board.	52805

Any summary suspension imposed under this division remains in	52806
effect, unless reversed by the board, until a final adjudicative	52807
order issued by the board pursuant to this section and Chapter	52808
119. of the Revised Code becomes effective. The board shall issue	52809
its final adjudicative order not less than ninety days after	52810
completion of its adjudication hearing. Failure to issue the order	52811
by that day shall cause the summary suspension order to end, but	52812
such failure shall not affect the validity of any subsequent final	52813
adjudication order.	52814

Sec. 4766.12. If a county, township, joint ambulance	52815
district, or joint emergency medical services district chooses to	52816
have the ~~Ohio~~state board of emergency medical and transportation	52817
~~board~~services license its emergency medical service organizations	52818
and issue permits for its vehicles pursuant to this chapter,	52819
except as may be otherwise provided, all provisions of this	52820
chapter and all rules adopted by the board thereunder are fully	52821
applicable. However, a county, township, joint ambulance district,	52822
or joint emergency medical services district is not required to	52823
obtain any type of permit from the board for any of its	52824
nontransport vehicles.	52825

Sec. 4766.13. The ~~Ohio~~state board of emergency medical and	52826
transportation ~~board~~services, by endorsement, may license and	52827
issue vehicle permits to an emergency medical service organization	52828
or a nonemergency medical service organization that is regulated	52829
by another state. To qualify for a license and vehicle permits by	52830
endorsement, an organization must submit evidence satisfactory to	52831
the board that it has met standards in another state that are	52832
equal to or more stringent than the standards established by this	52833
chapter and the rules adopted under it.	52834

Sec. 4766.15. (A) An applicant for employment as an	52835
ambulette driver with an organization licensed pursuant to this	52836
chapter shall submit proof to the organization of, or give consent	52837
to the employer to obtain, all of the following:	52838

(1)(a) A valid driver's license issued pursuant to Chapter	52839
4506. or 4507. of the Revised Code, or its equivalent, if the	52840
applicant is a resident of another state;	52841

(b) A recent certified abstract of the applicant's record of	52842
convictions for violations of motor vehicle laws provided by the	52843
registrar of motor vehicles pursuant to section 4509.05 of the	52844
Revised Code, or its equivalent, if the applicant is a resident of	52845
another state.	52846

(2)(a) A certificate of completion of a course in first aid	52847
techniques offered by the American red cross or an equivalent	52848
organization;	52849

(b) A certificate of completion of a course in	52850
cardiopulmonary resuscitation, or its equivalent, offered by an	52851
organization approved by the ~~Ohio~~state board of emergency medical	52852
and transportation ~~board~~services.	52853

(3) The result of a chemical test or tests of the applicant's	52854
blood, breath, or urine conducted at a hospital or other	52855
institution approved by the board for the purpose of determining	52856
the alcohol, drug of abuse, controlled substance, or metabolite of	52857
a controlled substance content of the applicant's whole blood,	52858
blood serum or plasma, breath, or urine;	52859

(4) The result of a criminal records check conducted by the	52860
bureau of criminal identification and investigation.	52861

(B) An organization may employ an applicant on a temporary	52862
provisional basis pending the completion of all of the	52863
requirements of this section. The length of the provisional period	52864
shall be determined by the board.	52865

(C) An organization licensed pursuant to this chapter shall	52866
use information received pursuant to this section to determine in	52867
accordance with rules adopted by the ~~Ohio~~state board of emergency	52868
medical and transportation ~~board~~services under section 4766.03 of	52869
the Revised Code whether an applicant is disqualified for	52870
employment.	52871

No applicant shall be accepted for permanent employment as an	52872
ambulette driver by an organization licensed pursuant to this	52873
chapter until all of the requirements of division (A) of this	52874
section have been met.	52875

Sec. 4766.22. (A) Not later than forty-five days after the	52876
end of each fiscal year, the ~~Ohio~~state board of emergency medical	52877
and transportation ~~board~~services shall submit a report to the	52878
governor and general assembly that provides all of the following	52879
information for that fiscal year:	52880

(1) The number of each of the following the board issued:

52881

(a) Basic life-support organization licenses;

52882

(b) Intermediate life-support organization licenses;

52883

52884

(d) Mobile intensive care unit organization licenses;

52885

(e) Ambulette service licenses;

52886

(f) Air medical service organization licenses;

52887

(g) Ambulance permits;

52888

(h) Nontransport vehicle permits;

52889

(i) Ambulette vehicle permits;

52890

(j) Rotorcraft air ambulance permits;

52891

(k) Fixed wing air ambulance permits.

52892

(2) The amount of fees the board collected for issuing and	52893
renewing each type of license and permit specified in division	52894
(A)(1) of this section;	52895

(3) The number of inspections the board or a third party on	52896
the board's behalf conducted in connection with each type of	52897
license and permit specified in division (A)(1) of this section	52898
and the amount of fees the board collected for the inspections;	52899

(4) The number of complaints that were submitted to the	52900
board;	52901

(5) The number of investigations the board conducted under	52902
section 4766.11 of the Revised Code;	52903

(6) The number of adjudication hearings the board held and	52904
the outcomes of the adjudications;	52905

(7) The amount of penalties the board imposed and collected	52906
under section 4766.08 of the Revised Code;	52907

(8) Other information the board determines reflects the	52908
board's operations.	52909

(B) The board shall post the annual report required by this	52910
section on its web site and make it available to the public on	52911
request.	52912

Sec. 4773.08. The ~~public~~director of health ~~council~~ shall	52913
adopt rules to implement and administer this chapter. In adopting	52914
the rules, the ~~council~~director shall consider any recommendations	52915
made by the radiation advisory council created under section	52916
3701.93 of the Revised Code. The rules shall be adopted in	52917
accordance with Chapter 119. of the Revised Code and shall not be	52918
less stringent than any applicable standards specified in 42	52919
C.F.R. 75. The rules shall establish all of the following:	52920

(A) Standards for licensing general x-ray machine operators,	52921
radiographers, radiation therapy technologists, and nuclear	52922
medicine technologists;	52923

(B) Application and renewal fees for licenses issued under	52924
this chapter that do not exceed the cost incurred in issuing and	52925
renewing the licenses;	52926

(C) Standards for accreditation of educational programs and	52927
approval of continuing education programs in general x-ray machine	52928
operation, radiography, radiation therapy technology, and nuclear	52929
medicine technology;	52930

(D) Fees for accrediting educational programs and approving	52931
continuing education programs in general x-ray machine operation,	52932
radiography, radiation therapy technology, and nuclear medicine	52933
technology that do not exceed the cost incurred in accrediting the	52934
educational programs;	52935

(E) Fees for issuing conditional licenses under section	52936
4773.05 of the Revised Code that do not exceed the cost incurred	52937
in issuing the licenses;	52938

(F) Continuing education requirements that must be met to	52939
have a license renewed under section 4773.03 of the Revised Code;	52940

(G) Continuing education requirements that the holder of a	52941
conditional license must meet to receive a license issued under	52942
section 4773.03 of the Revised Code;	52943

(H) Any other rules necessary for the implementation or	52944
administration of this chapter.	52945

Sec. 4781.01. As used in this chapter:

52946

(A) "Industrialized unit" has the same meaning as in division	52947
(C)(3) of section 3781.06 of the Revised Code.	52948

(B) "Installation" means any of the following:

52949

(1) The temporary or permanent construction of stabilization,	52950
support, and anchoring systems for manufactured housing;	52951

(2) The placement and erection of a manufactured housing unit	52952
or components of a unit on a structural support system;	52953

(3) The supporting, blocking, leveling, securing, anchoring,	52954
underpinning, or adjusting of any section or component of a	52955
manufactured housing unit;	52956

(4) The joining or connecting of all sections or components	52957
of a manufactured housing unit.	52958

(C) "Manufactured home" has the same meaning as in division	52959
(C)(4) of section 3781.06 of the Revised Code.	52960

(D) "Manufactured home park" ~~has the same meaning as in~~	52961
~~division (A) of section 3733.01 of the Revised Code~~means any	52962
tract of land upon which three or more manufactured or mobile	52963
homes used for habitation are parked, either free of charge or for	52964
revenue purposes, and includes any roadway, building, structure,	52965
vehicle, or enclosure used or intended for use as a part of the	52966
facilities of the park. "Manufactured home park" does not include	52967
any of the following:	52968

(1) A tract of land used solely for the storage or display	52969
for sale of manufactured or mobile homes or solely as a temporary	52970
park-camp as defined in section 3729.01 of the Revised Code;	52971

(2) A tract of land that is subdivided and the individual	52972
lots are for sale or sold for the purpose of installation of	52973
manufactured or mobile homes used for habitation and the roadways	52974
are dedicated to the local government authority;	52975

(3) A tract of land within an area that is subject to local	52976
zoning authority and subdivision requirements and is subdivided,	52977
and the individual lots are for sale or sold for the purpose of	52978
installation of manufactured or mobile homes for habitation.	52979

(E) "Manufactured housing" means manufactured homes and	52980
mobile homes.	52981

(F) "Manufactured housing installer" means an individual who	52982
installs manufactured housing.	52983

(G) "Mobile home" has the same meaning as in division (O) of	52984
section 4501.01 of the Revised Code.	52985

(H) "Model standards" means the federal manufactured home	52986
installation standards established pursuant to 42 U.S.C. 5404.	52987

(I) "Permanent foundation" has the same meaning as in	52988
division (C)(5) of section 3781.06 of the Revised Code.	52989

(J) "Business" includes any activities engaged in by any	52990
person for the object of gain, benefit, or advantage either direct	52991
or indirect.	52992

(K) "Casual sale" means any transfer of a manufactured home	52993
or mobile home by a person other than a manufactured housing	52994
dealer, manufactured housing salesperson, or manufacturer to an	52995
ultimate consumer or a person who purchases the home for use as a	52996
residence.	52997

(L) "Engaging in business" means commencing, conducting, or	52998
continuing in business, or liquidating a business when the	52999
liquidator thereof holds self out to be conducting such business;	53000
making a casual sale or otherwise making transfers in the ordinary	53001
course of business when the transfers are made in connection with	53002
the disposition of all or substantially all of the transferor's	53003
assets is not engaging in business.	53004

(M) "Manufactured home park operator" ~~has the same meaning as~~	53005
~~"operator" in section 3733.01 of the Revised Code~~or "park	53006
operator" means the person who has responsible charge of a	53007
manufactured home park and who is licensed under sections 4781.26	53008
to 4781.35 of the Revised Code.	53009

(N) "Manufactured housing broker" means any person acting as	53010
a selling agent on behalf of an owner of a manufactured home or	53011
mobile home that is subject to taxation under section 4503.06 of	53012
the Revised Code.	53013

(O) "Manufactured housing dealer" means any person engaged in	53014
the business of selling at retail, displaying, offering for sale,	53015
or dealing in manufactured homes or mobile homes.	53016

(P) "Manufacturer" means a person who manufacturers,	53017
assembles, or imports manufactured homes or mobile homes.	53018

(Q) "Retail sale" or "sale at retail" means the act or	53019
attempted act of selling, bartering, exchanging, or otherwise	53020
disposing of a manufactured home or mobile home to an ultimate	53021
purchaser for use as a residence.	53022

(R) "Salesperson" means any individual employed by a	53023
manufactured housing dealer or manufactured housing broker to	53024
sell, display, and offer for sale, or deal in manufactured homes	53025
or mobile homes for a commission, compensation, or other valuable	53026
consideration, but does not mean any public officer performing	53027
official duties.	53028

(S) "Ultimate purchaser" means, with respect to any new	53029
manufactured home, the first person, other than a manufactured	53030
housing dealer purchasing in the capacity of a manufactured	53031
housing dealer, who purchases such new manufactured home for	53032
purposes other than resale.	53033

(T) "Tenant" means a person who is entitled under a rental	53034
agreement with a manufactured home park operator to occupy a	53035
manufactured home park lot and who does not own the home occupying	53036
the lot.	53037

(U) "Owner" means a person who is entitled under a rental	53038
agreement with a manufactured home park operator to occupy a	53039
manufactured home park lot and who owns the home occupying the	53040
lot.	53041

(V) "Resident" means a person entitled under a rental	53042
agreement to the use and occupancy of residential premises to the	53043
exclusion of others. "Resident" includes both tenants and owners.	53044

(W) "Residential premises" means a lot located within a	53045
manufactured home park and the grounds, areas, and facilities	53046
contained within the manufactured home park for the use of	53047
residents generally or the use of which is promised to a resident.	53048

(X) "Rental agreement" means any agreement or lease, written	53049
or oral, that establishes or modifies the terms, conditions,	53050
rules, or any other provisions concerning the use and occupancy of	53051
residential premises by one of the parties.	53052

(Y) "Security deposit" means any deposit of money or property	53053
to secure performance by the resident under a rental agreement.	53054

(Z) "Development" means any artificial change to improved or	53055
unimproved real estate, including, without limitation, buildings	53056
or structures, dredging, filling, grading, paving, excavation or	53057
drilling operations, or storage of equipment or materials, and the	53058
construction, expansion, or substantial alteration of a	53059
manufactured home park, for which plan review is required under	53060
division (A) of section 4781.31 of the Revised Code. "Development"	53061
does not include the building, construction, erection, or	53062
manufacture of any building to which section 3781.06 of the	53063
Revised Code is applicable.	53064

(AA) "Flood" or "flooding" means either of the following:

53065

(1) A general and temporary condition of partial or complete	53066
inundation of normally dry land areas from any of the following:	53067

(a) The overflow of inland or tidal waters;

53068

(b) The unusual and rapid accumulation or runoff of surface	53069
waters from any source;	53070

(c) Mudslides that are proximately caused by flooding as	53071
defined in division (AA)(1)(b) of this section and that are akin	53072
to a river of liquid and flowing mud on the surface of normally	53073
dry land areas, as when earth is carried by a current of water and	53074
deposited along the path of the current.	53075

(2) The collapse or subsidence of land along the shore of a	53076
lake or other body of water as a result of erosion or undermining	53077
that is caused by waves or currents of water exceeding anticipated	53078
cyclical levels or that is suddenly caused by an unusually high	53079
water level in a natural body of water, and that is accompanied by	53080
a severe storm, by an unanticipated force of nature, such as a	53081
flash flood, by an abnormal tidal surge, or by some similarly	53082
unusual and unforeseeable event, that results in flooding as	53083
defined in division (AA)(1)(a) of this section.	53084

(BB) "Flood plain" means the area adjoining any river,	53085
stream, watercourse, or lake that has been or may be covered by	53086
flood water.	53087

(CC) "One-hundred-year flood" means a flood having a one per	53088
cent chance of being equaled or exceeded in any given year.	53089

(DD) "One-hundred-year flood plain" means that portion of a	53090
flood plain inundated by a one-hundred-year flood.	53091

(EE) "Person" has the same meaning as in section 1.59 of the	53092
Revised Code and also includes this state, any political	53093
subdivision of this state, and any other state or local body of	53094
this state.	53095

(FF) "Substantial damage" means damage of any origin	53096
sustained by a manufactured or mobile home that is situated in a	53097
manufactured home park located in a flood plain when the cost of	53098
restoring the home to its condition before the damage occurred	53099
will equal or exceed fifty per cent of the market value of the	53100
home before the damage occurred.	53101

(GG) "Substantially alter" means a change in the layout or	53102
design of a manufactured home park, including, without limitation,	53103
the movement of utilities or changes in established streets, lots,	53104
or sites or in other facilities. In the case of manufactured home	53105
parks located within a one-hundred-year flood plain,	53106
"substantially alter" also includes changes in elevation resulting	53107
from the addition of fill, grading, or excavation that may affect	53108
flood plain management.	53109

(HH) "Tract" means a contiguous area of land that consists of	53110
one or more parcels, lots, or sites that have been separately	53111
surveyed regardless of whether the individual parcels, lots, or	53112
sites have been recorded and regardless of whether the one or more	53113
parcels, lots, or sites are under common or different ownership.	53114

Sec. 4781.02. (A) There is hereby created the manufactured	53115
homes commission which consists of nine members, with three	53116
members appointed by the governor, three members appointed by the	53117
president of the senate, and three members appointed by the	53118
speaker of the house of representatives.	53119

(B)(1) Commission members shall be residents of this state,	53120
except for members appointed pursuant to divisions (B)(3)(b) and	53121
(B)(4)(a) of this section. Members shall be selected from a list	53122
of persons the Ohio manufactured homes association, or any	53123
successor entity, recommends, except for appointments made	53124
pursuant to division (B)(2) of this section.	53125

(2) The governor shall appoint the following members:

53126

(a) One member to represent the board of building standards,	53127
who may be a member of the board or a board employee not in the	53128
classified civil service, with an initial term ending December 31,	53129
2007;	53130

(b) One member ~~to represent the department of health, who may~~	53131
~~be a department employee not in the classified civil service, with~~	53132
~~an initial term ending December 31, 2005~~who is registered as a	53133
sanitarian in accordance with Chapter 4736. of the Revised Code,	53134
has experience with the regulation of manufactured homes, and is	53135
an employee of a health district described in section 3709.01 of	53136
the Revised Code;	53137

(c) One member whose primary residence is a manufactured	53138
home, with an initial term ending December 31, 2006.	53139

(3) The president of the senate shall appoint the following	53140
members:	53141

(a) Two members who are manufactured housing installers who	53142
have been actively engaged in the installation of manufactured	53143
housing for the five years immediately prior to appointment, with	53144
the initial term of one installer ending December 31, 2007, and	53145
the initial term of the other installer ending December 31, 2005.	53146

(b) One member who manufactures manufactured homes in this	53147
state or who manufactures manufactured homes in another state and	53148
ships homes into this state, to represent manufactured home	53149
manufacturers, with an initial term ending December 31, 2006.	53150

(4) The speaker of the house of representatives shall appoint	53151
the following members:	53152

(a) One member who operates a manufactured or mobile home	53153
retail business in this state to represent manufactured housing	53154
dealers, with an initial term ending December 31, 2007;	53155

(b) One member who is a manufactured home park operator or is	53156
employed by an operator, with an initial term ending December 31,	53157
2005;	53158

(c) One member to represent the Ohio manufactured home	53159
association, or any successor entity, who may be the president or	53160
executive director of the association or the successor entity,	53161
with an initial term ending December 31, 2006.	53162

(C)(1) After the initial term, each term of office is for	53163
four years ending on the thirty-first day of December. A member	53164
holds office from the date of appointment until the end of the	53165
term. No member may serve more than two consecutive four-year	53166
terms.	53167

(2) Any member appointed to fill a vacancy that occurs prior	53168
to the expiration of a term continues in office for the remainder	53169
of that term. Any member continues in office subsequent to the	53170
expiration date of the term until the member's successor takes	53171
office or until sixty days have elapsed, which ever occurs first.	53172

(3) A vacancy on the commission does not impair the authority	53173
of the remaining members to exercise all of the commission's	53174
powers.	53175

(D)(1) The governor may remove any member from office for	53176
incompetence, neglect of duty, misfeasance, nonfeasance,	53177
malfeasance, or unprofessional conduct in office.	53178

(2) Vacancies shall be filled in the manner of the original	53179
appointment.	53180

Sec. 4781.04. (A) The manufactured homes commission shall	53181
adopt rules pursuant to Chapter 119. of the Revised Code to do all	53182
of the following:	53183

(1) Establish uniform standards that govern the installation	53184
of manufactured housing. Not later than one hundred eighty days	53185
after the secretary of the United States department of housing and	53186
urban development adopts model standards for the installation of	53187
manufactured housing or amends those standards, the commission	53188
shall amend its standards as necessary to be consistent with, and	53189
not less stringent than, the model standards for the design and	53190
installation of manufactured housing the secretary adopts or any	53191
manufacturers' standards that the secretary determines are equal	53192
to or not less stringent than the model standards.	53193

(2) Govern the inspection of the installation of manufactured	53194
housing. The rules shall specify that the commission, any building	53195
department or personnel of any department, ~~any licensor or~~	53196
~~personnel of any licensor,~~ or any private third party, certified	53197
pursuant to section 4781.07 of the Revised Code shall conduct all	53198
inspections of the installation of manufactured housing located in	53199
manufactured home parks to determine compliance with the uniform	53200
installation standards the commission establishes pursuant to this	53201
section.	53202

~~As used in division (A)(2) of this section, "licensor" has~~	53203
~~the same meaning as in section 3733.01 of the Revised Code.~~	53204

(3) Govern the design, construction, installation, approval,	53205
and inspection of foundations and the base support systems for	53206
manufactured housing. The rules shall specify that the commission,	53207
any building department or personnel of any department, ~~any~~	53208
~~licensor or personnel of any licensor,~~ or any private third party,	53209
certified pursuant to section 4781.07 of the Revised Code shall	53210
conduct all inspections of the installation, foundations, and base	53211
support systems of manufactured housing located in manufactured	53212
home parks to determine compliance with the uniform installation	53213
standards and foundation and base support system design the	53214
commission establishes pursuant to this section.	53215

~~As used in division (A)(3) of this section, "licensor" has~~	53216
~~the same meaning as in section 3733.01 of the Revised Code.~~	53217

(4) Govern the training, experience, and education	53218
requirements for manufactured housing installers, manufactured	53219
housing dealers, manufactured housing brokers, and manufactured	53220
housing salespersons;	53221

(5) Establish a code of ethics for manufactured housing	53222
installers;	53223

(6) Govern the issuance, revocation, and suspension of	53224
licenses to manufactured housing installers;	53225

(7) Establish fees for the issuance and renewal of licenses,	53226
for conducting inspections to determine an applicant's compliance	53227
with this chapter and the rules adopted pursuant to it, and for	53228
the commission's expenses incurred in implementing this chapter;	53229

(8) Establish conditions under which a licensee may enter	53230
into contracts to fulfill the licensee's responsibilities;	53231

(9) Govern the investigation of complaints concerning any	53232
violation of this chapter or the rules adopted pursuant to it or	53233
complaints involving the conduct of any licensed manufactured	53234
housing installer or person installing manufactured housing	53235
without a license, licensed manufactured housing dealer, licensed	53236
manufactured housing broker, or manufactured housing salesperson;	53237

(10) Establish a dispute resolution program for the timely	53238
resolution of warranty issues involving new manufactured homes,	53239
disputes regarding responsibility for the correction or repair of	53240
defects in manufactured housing, and the installation of	53241
manufactured housing. The rules shall provide for the timely	53242
resolution of disputes between manufacturers, manufactured housing	53243
dealers, and installers regarding the correction or repair of	53244
defects in manufactured housing that are reported by the purchaser	53245
of the home during the one-year period beginning on the date of	53246
installation of the home. The rules also shall provide that	53247
decisions made regarding the dispute under the program are not	53248
binding upon the purchaser of the home or the other parties	53249
involved in the dispute unless the purchaser so agrees in a	53250
written acknowledgement that the purchaser signs and delivers to	53251
the program within ten business days after the decision is issued.	53252

(11) Establish the requirements and procedures for the	53253
certification of building departments and building department	53254
personnel pursuant to section 4781.07 of the Revised Code;	53255

(12) Establish fees to be charged to building departments and	53256
building department personnel applying for certification and	53257
renewal of certification pursuant to section 4781.07 of the	53258
Revised Code;	53259

(13) Develop a policy regarding the maintenance of records	53260
for any inspection authorized or conducted pursuant to this	53261
chapter. Any record maintained under division (A)(13) of this	53262
section shall be a public record under section 149.43 of the	53263
Revised Code.	53264

(14) Carry out any other provision of this chapter.

53265

(B) The manufactured homes commission shall do all of the	53266
following:	53267

(1) Prepare and administer a licensure examination to	53268
determine an applicant's knowledge of manufactured housing	53269
installation and other aspects of installation the commission	53270
determines appropriate;	53271

(2) Select, provide, or procure appropriate examination	53272
questions and answers for the licensure examination and establish	53273
the criteria for successful completion of the examination;	53274

(3) Prepare and distribute any application form this chapter	53275
requires;	53276

(4) Receive applications for licenses and renewal of licenses	53277
and issue licenses to qualified applicants;	53278

(5) Establish procedures for processing, approving, and	53279
disapproving applications for licensure;	53280

(6) Retain records of applications for licensure, including	53281
all application materials submitted and a written record of the	53282
action taken on each application;	53283

(7) Review the design and plans for manufactured housing	53284
installations, foundations, and support systems;	53285

(8) Inspect a sample of homes at a percentage the commission	53286
determines to evaluate the construction and installation of	53287
manufactured housing installations, foundations, and support	53288
systems to determine compliance with the standards the commission	53289
adopts;	53290

(9) Investigate complaints concerning violations of this	53291
chapter or the rules adopted pursuant to it, or the conduct of any	53292
manufactured housing installer, manufactured housing dealer,	53293
manufactured housing broker, or manufactured housing salesperson;	53294

(10) Determine appropriate disciplinary actions for	53295
violations of this chapter;	53296

(11) Conduct audits and inquiries of manufactured housing	53297
installers, manufactured housing dealers, and manufactured housing	53298
brokers as appropriate for the enforcement of this chapter. The	53299
commission, or any person the commission employs for the purpose,	53300
may review and audit the business records of any manufactured	53301
housing installer, dealer, or broker during normal business hours.	53302

(12) Approve an installation training course, which may be	53303
offered by the Ohio manufactured homes association or other	53304
entity;	53305

(13) Perform any function or duty necessary to administer	53306
this chapter and the rules adopted pursuant to it.	53307

(C) Nothing in this section shall be construed to limit the	53308
authority of a board of health to enforce section 3701.344 or	53309
Chapters 3703., 3718., and 3781. of the Revised Code.	53310

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	53311
commission adopts, the commission may certify municipal, township,	53312
and county building departments and the personnel of those	53313
departments, ~~licensors as defined in section 3733.01 of the~~	53314
~~Revised Code and the personnel of those licensors,~~ or any private	53315
third party, to exercise the commission's enforcement authority,	53316
accept and approve plans and specifications for foundations,	53317
support systems and installations, and inspect manufactured	53318
housing foundations, support systems, and manufactured housing	53319
installations. Any certification is effective for three years.	53320

(B) Following an investigation and finding of facts that	53321
support its action, the commission may revoke or suspend	53322
certification. The commission may initiate an investigation on its	53323
own motion or the petition of a person affected by the enforcement	53324
or approval of plans.	53325

Sec. 4781.09. (A) The manufactured homes commission may deny,	53326
suspend, revoke, or refuse to renew the license of any	53327
manufactured home installer for any of the following reasons:	53328

(1) Failure to satisfy the requirements of section 4781.08 or	53329
4781.10 of the Revised Code;	53330

(2) Violation of this chapter or any rule adopted pursuant to	53331
it;	53332

(3) Making a material misstatement in an application for a	53333
license;	53334

(4) Installing manufactured housing without a license or	53335
without being under the supervision of a licensed manufactured	53336
housing installer;	53337

(5) Failure to appear for a hearing before the commission or	53338
to comply with any final adjudication order of the commission	53339
issued pursuant to this chapter;	53340

(6) Conviction of a felony or a crime involving moral	53341
turpitude;	53342

(7) Having had a license revoked, suspended, or denied by the	53343
commission during the preceding two years;	53344

(8) Having had a license revoked, suspended, or denied by	53345
another state or jurisdiction during the preceding two years;	53346

(9) Engaging in conduct in another state or jurisdiction that	53347
would violate this chapter if committed in this state.	53348

(10) Failing to provide written notification of an	53349
installation pursuant to division (D) of section 4781.11 of the	53350
Revised Code to a county treasurer or county auditor.	53351

(B)(1) Any person whose license or license application is	53352
revoked, suspended, denied, or not renewed or upon whom a civil	53353
penalty is imposed ~~pursuant to division (C) of this section~~ may	53354
request an adjudication hearing on the matter within thirty days	53355
after receipt of the notice of the action. The hearing shall be	53356
held in accordance with Chapter 119. of the Revised Code.	53357

(2) Any licensee or applicant may appeal an order made	53358
pursuant to an adjudication hearing in the manner provided in	53359
section 119.12 of the Revised Code.	53360

(C) ~~As an alternative to suspending, revoking, or refusing to~~	53361
~~renew a manufactured housing installer's license, the commission~~	53362
~~may impose a civil penalty of not less than one hundred dollars or~~	53363
~~more than five hundred dollars per violation of this chapter or~~	53364
~~any rule adopted pursuant to it. The commission shall deposit~~	53365
~~penalties in the occupational licensing and regulatory fund~~	53366
~~pursuant to section 4743.05 of the Revised Code.~~	53367

~~(D)~~ A person whose license is suspended, revoked, or not	53368
renewed may apply for a new license two years after the date on	53369
which the license was suspended, revoked, or not renewed.	53370

Sec. 4781.121. (A) The manufactured homes commission,	53371
pursuant to section 4781.04 of the Revised Code, may investigate	53372
any person who allegedly has committed a violation. If, after an	53373
investigation the commission determines that reasonable evidence	53374
exists that a person has committed a violation, within seven days	53375
after that determination, the commission shall send a written	53376
notice to that person in the same manner as prescribed in section	53377
119.07 of the Revised Code for licensees, except that the notice	53378
shall specify that a hearing will be held and specify the date,	53379
time, and place of the hearing.	53380

(B) The commission shall hold a hearing regarding the alleged	53381
violation in the same manner prescribed for an adjudication	53382
hearing under section 119.09 of the Revised Code. If the	53383
commission, after the hearing, determines that a violation has	53384
occurred, the commission, upon an affirmative vote of five of its	53385
members, may impose a fine not exceeding one thousand dollars per	53386
violation per day. The commission's determination is an order that	53387
the person may appeal in accordance with section 119.12 of the	53388
Revised Code.	53389

(C) If the person who allegedly committed a violation fails	53390
to appear for a hearing, the commission may request the court of	53391
common pleas of the county where the alleged violation occurred to	53392
compel the person to appear before the commission for a hearing.	53393

(D) If the commission assesses a person a civil penalty for a	53394
violation and the person fails to pay that civil penalty within	53395
the time period prescribed by the commission pursuant to section	53396
131.02 of the Revised Code, the commission shall forward to the	53397
attorney general the name of the person and the amount of the	53398
civil penalty for the purpose of collecting that civil penalty. In	53399
addition to the civil penalty assessed pursuant to this section,	53400
the person also shall pay any fee assessed by the attorney general	53401
for collection of the civil penalty.	53402

(E) The authority provided to the commission pursuant to this	53403
section, and any fine imposed under this section, shall be in	53404
addition to, and not in lieu of, all penalties and other remedies	53405
provided in this chapter. Any fines collected pursuant to this	53406
section shall be used solely to administer and enforce this	53407
chapter and rules adopted under it. Any fees collected pursuant to	53408
this section shall be transmitted to the treasurer of state and	53409
shall be credited to the manufactured homes commission regulatory	53410
fund created in section 4781.54 of the Revised Code and the rules	53411
adopted thereunder. The fees shall be used only for the purpose of	53412
administering and enforcing sections 4781.26 to 4781.35 of the	53413
Revised Code and the rules adopted thereunder.	53414

(F) As used in this section, "violation" means a violation of	53415
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	53416
to section 4781.04, of the Revised Code.	53417

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	53418
~~section 3733.02 of the Revised Code, the state, through the~~The	53419
manufactured homes commission, has exclusive authority to regulate	53420
manufactured home installers, the installation of manufactured	53421
housing, and manufactured housing foundations and support systems	53422
in ~~the~~this state. By enacting this chapter, it is the intent of	53423
the general assembly to preempt municipal corporations and other	53424
political subdivisions from regulating and licensing manufactured	53425
housing installers and regulating and inspecting the installation	53426
of manufactured housing and manufactured housing foundations and	53427
support systems.	53428

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	53429
~~of the Revised Code, the~~The manufactured homes commission has	53430
exclusive power to adopt rules of uniform application throughout	53431
the state governing installation of manufactured housing, the	53432
inspection of manufactured housing foundations and support	53433
systems, the inspection of the installation of manufactured	53434
housing, the training and licensing of manufactured housing	53435
installers, and the investigation of complaints concerning	53436
manufactured housing installers.	53437

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	53438
~~of the Revised Code, the~~The rules the commission adopts pursuant	53439
to this chapter are the exclusive rules governing the installation	53440
of manufactured housing, the design, construction, and approval of	53441
foundations for manufactured housing, the licensure of	53442
manufactured home installers, and the fees charged for licensure	53443
of manufactured home installers. No political subdivision of the	53444
state or any department or agency of the state may establish any	53445
other standards governing the installation of manufactured	53446
housing, manufactured housing foundations and support systems, the	53447
licensure of manufactured housing installers, or fees charged for	53448
the licensure of manufactured housing installers.	53449

(D) Nothing in this section limits the authority of the	53450
attorney general to enforce Chapter 1345. of the Revised Code or	53451
to take any action permitted by the Revised Code against	53452
manufactured housing installers, retailers, or manufacturers.	53453

Sec. 4781.15. The remedies provided in ~~sections 4781.01 to~~	53454
~~4781.14 of the Revised Code~~this chapter are in addition to	53455
remedies otherwise available for the same conduct under state or	53456
local law.	53457

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	53458
manufactured homes commission, subject to Chapter 119. of the	53459
Revised Code, shall adopt, and has the exclusive power to adopt,	53460
rules of uniform application throughout the state governing the	53461
review of plans, issuance of flood plain management permits, and	53462
issuance of licenses for manufactured home parks; the location,	53463
layout, density, construction, drainage, sanitation, safety, and	53464
operation of those parks; and notices of flood events concerning,	53465
and flood protection at, those parks. The rules pertaining to	53466
flood plain management shall be consistent with and not less	53467
stringent than the flood plain management criteria of the national	53468
flood insurance program adopted under the "National Flood	53469
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	53470
amended. The rules shall not apply to the construction, erection,	53471
or manufacture of any building to which section 3781.06 of the	53472
Revised Code is applicable.	53473

~~(2)~~(B) The rules pertaining to manufactured home parks	53474
constructed after June 30, 1971, shall specify that each home must	53475
be placed on its lot to provide not less than fifteen feet between	53476
the side of one home and the side of another home, ten feet	53477
between the end of one home and the side of another home, and five	53478
feet between the ends of two homes placed end to end.	53479

~~(3)~~(C) The manufactured homes commission shall determine	53480
compliance with the installation, blocking, tiedown, foundation,	53481
and base support system standards for manufactured housing located	53482
in manufactured home parks adopted by the commission pursuant to	53483
section 4781.04 of the Revised Code. All inspections of the	53484
installation, blocking, tiedown, foundation, and base support	53485
systems of manufactured housing in a manufactured home park that	53486
the ~~department of health or a licensor~~commission conducts shall	53487
be conducted by a person ~~who has completed an installation~~	53488
~~training course approved by~~ the manufactured homes commission	53489
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	53490
of the Revised Code.	53491

~~As used in division (A)(3) of this section, "manufactured~~	53492
~~housing" has the same meaning as in section 4781.01 of the Revised~~	53493
~~Code.~~	53494

~~(B) The public health council, in accordance with Chapter~~	53495
~~119. of the Revised Code, shall adopt rules of uniform application~~	53496
~~throughout the state establishing requirements and procedures in~~	53497
~~accordance with which the director of health may authorize~~	53498
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	53499
~~the Revised Code. The rules shall include at least provisions~~	53500
~~under which a licensor may enter into contracts for the purpose of~~	53501
~~fulfilling the licensor's responsibilities under either or both of~~	53502
~~those sections.~~	53503

(D) The manufactured homes commission may enter into	53504
contracts for the purpose of fulfilling the commission's annual	53505
inspection responsibilities for manufactured home parks under this	53506
chapter. Boards of health of city or general health districts	53507
shall have the right of first refusal for those contracts.	53508

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	53509
December, but before the first day of January of the next year,	53510
every person who intends to operate a manufactured home park shall	53511
procure a license to operate the park for the next year from the	53512
~~licensor~~manufactured homes commission. If the applicable license	53513
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	53514
is not received by the ~~licensor~~commission by the close of	53515
business on the last day of December, the applicant for the	53516
license shall pay a penalty equal to twenty-five per cent of the	53517
applicable license fee. The penalty shall accompany the license	53518
fee. If the last day of December is not a business day, the	53519
penalty attaches upon the close of business on the next business	53520
day.	53521

(2) No manufactured home park shall be maintained or operated	53522
in this state without a license.	53523

(3) No person who has received a license, upon the sale or	53524
disposition of the manufactured home park, may have the license	53525
transferred to the new operator. A person shall obtain a separate	53526
license to operate each manufactured home park.	53527

(B) Before a license is initially issued and annually	53528
thereafter, or more often if necessary, the ~~licensor~~commission	53529
shall cause each manufactured home park to be inspected ~~relative~~	53530
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	53531
of the Revised Code and the rules adopted under those sections. A	53532
record shall be made of each inspection on a form prescribed by	53533
the ~~director of health~~commission.	53534

(C) Each person applying for an initial license to operate a	53535
manufactured home park shall provide acceptable proof to the	53536
~~director~~ commission that adequate fire protection will be	53537
provided and that applicable fire codes will be adhered to in the	53538
construction and operation of the park.	53539

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	53540
~~park~~manufactured homes commission may charge a fee for an annual	53541
license to operate ~~such~~ a manufactured home park. The fee for a	53542
license shall be determined in accordance with section ~~3709.09~~	53543
4781.26 of the Revised Code and shall include the cost of	53544
licensing and all inspections.	53545

~~The fee also shall include any additional amount determined~~	53546
~~by rule of the public health council, which shall be collected and~~	53547
~~transmitted by the board of health to the director of health~~	53548
~~pursuant to section 3709.092 of the Revised Code and used only for~~	53549
~~the purpose of administering and enforcing sections 3733.01 to~~	53550
~~3733.08 of the Revised Code and the rules adopted under those~~	53551
~~sections. The portion of any fee retained by the board of health~~	53552
Any fees collected shall be ~~paid into a special fund~~transmitted	53553
to the treasurer of state and shall be credited to the	53554
manufactured homes commission regulatory fund created in section	53555
4781.54 of the Revised Code and used only for the purpose of	53556
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	53557
4781.35 of the Revised Code and the rules adopted thereunder.	53558

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	53559
~~which a manufactured home park is or is to be located, in~~	53560
~~accordance with Chapter 119. of the Revised Code,~~manufactured	53561
homes commission may refuse to grant, may suspend, or may revoke	53562
any license granted to any person for failure to comply with	53563
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	53564
with any rule adopted ~~by the public health council~~ under section	53565
~~3733.02~~4781.26 of the Revised Code.	53566

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	53567
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	53568
any operator shall have the right to rent or use each lot for the	53569
parking or placement of a manufactured home or mobile home to be	53570
used for human habitation without interruption for any period	53571
coextensive with any license or consecutive licenses issued under	53572
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	53573

(B) No operator of a manufactured home park shall sell	53574
individual lots in a park for eight years following the issuance	53575
of the initial license for the park unless, at the time of sale,	53576
the park fulfills all platting and subdivision requirements	53577
established by the political subdivision in which the park is	53578
located, or the political subdivision has entered into an	53579
agreement with the operator regarding platting and subdivision	53580
requirements and the operator has fulfilled the terms of that	53581
agreement.	53582

~~Sec. 3733.07.~~ Sec. 4781.301. Fees authorized or charged under	53583
sections ~~3733.021, 3733.022~~4781.31, 4781.32, and ~~3733.04~~4781.28	53584
of the Revised Code are in lieu of all license and inspection fees	53585
on or with respect to the operation or ownership of manufactured	53586
home parks within this state, except that the licensor may charge	53587
additional reasonable fees for the collection and bacteriological	53588
examination of any necessary water samples taken from any such	53589
park.	53590

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	53591
to occur within any portion of a manufactured home park until the	53592
plans for the development have been submitted to and reviewed and	53593
approved by the ~~director of health~~manufactured homes commission.	53594
This division does not require that plans be submitted to the	53595
~~director~~commission for approval for the replacement of	53596
manufactured or mobile homes on previously approved lots in a	53597
manufactured home park when no development is to occur in	53598
connection with the replacement. Within thirty days after receipt	53599
of the plans, all supporting documents and materials required to	53600
complete the review, and the applicable plan review fee	53601
established under division (D) of this section, the ~~director~~	53602
commission shall approve or disapprove the plans.	53603

(B) Any person aggrieved by the ~~director's~~commission's	53604
disapproval of a set of plans under division (A) of this section	53605
may request a hearing on the matter within thirty days after	53606
receipt of the ~~director's~~commission's notice of the disapproval.	53607
The hearing shall be held in accordance with Chapter 119. of the	53608
Revised Code. Thereafter, the disapproval may be appealed in the	53609
manner provided in section 119.12 of the Revised Code.	53610

(C) The ~~director~~commission shall establish a system by which	53611
development occurring within a manufactured home park is inspected	53612
or verified in accordance with rules adopted under ~~division (A) of~~	53613
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	53614
development complies with the plans approved under division (A) of	53615
this section.	53616

(D) The ~~public health council~~commission shall establish fees	53617
for reviewing plans under division (A) of this section and	53618
conducting inspections under division (C) of this section.	53619

(E) The ~~director~~commission shall charge the appropriate fees	53620
established under division (D) of this section for reviewing plans	53621
under division (A) of this section and conducting inspections	53622
under division (C) of this section. All such plan review and	53623
inspection fees received by the ~~director~~commission shall be	53624
transmitted to the treasurer of state and shall be credited to the	53625
~~general operations~~occupational licensing and regulatory fund	53626
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	53627
credited to the fund shall be used only for the purpose of	53628
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	53629
4781.35 of the Revised Code and rules adopted under those	53630
sections.	53631

(F) Plan approvals issued under this section do not	53632
constitute an exemption from the land use and building	53633
requirements of the political subdivision in which the	53634
manufactured home park is or is to be located.	53635

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	53636
to occur or cause the replacement of a mobile or manufactured home	53637
within any portion of a manufactured home park that is located	53638
within a one-hundred-year flood plain unless the person first	53639
obtains a permit from the ~~director of health or a licensor~~	53640
~~authorized by the director~~manufactured homes commission. If the	53641
development for which a permit is required under this division is	53642
to occur on a lot where a mobile or manufactured home is or is to	53643
be located, the owner of the home and the operator of the	53644
manufactured home park shall jointly obtain the permit. Each of	53645
the persons to whom a permit is jointly issued is responsible for	53646
compliance with the provisions of the approved permit that are	53647
applicable to that person.	53648

The ~~director or a licensor authorized by the director~~	53649
commission shall disapprove an application for a permit required	53650
under this division unless the ~~director or the licensor~~commission	53651
finds that the proposed development or replacement of a mobile or	53652
manufactured home complies with the rules adopted under ~~division~~	53653
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	53654
required under this division for the construction, erection, or	53655
manufacture of any building to which section 3781.06 of the	53656
Revised Code applies.	53657

The ~~director or a licensor authorized by the director~~	53658
commission may suspend or revoke a permit issued under this	53659
division for failure to comply with the rules adopted under	53660
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	53661
pertaining to flood plain management or for failure to comply with	53662
the approved permit.	53663

Any person aggrieved by the disapproval, suspension, or	53664
revocation of a permit under this division by the ~~director or by a~~	53665
~~licensor authorized by the director~~commission may request a	53666
hearing on the matter within thirty days after receipt of the	53667
notice of the disapproval, suspension, or revocation. The hearing	53668
shall be held in accordance with Chapter 119. of the Revised Code.	53669
Thereafter, an appeal of the disapproval, suspension, or	53670
revocation may be taken in the manner provided in section 119.12	53671
of the Revised Code.	53672

(B) The ~~public health council~~commission shall establish fees	53673
for the issuance of permits under division (A) of this section and	53674
for necessary inspections conducted to determine compliance with	53675
those permits.	53676

(C) The ~~director or a licensor authorized by the director~~	53677
commission shall charge the appropriate fee established under	53678
division (B) of this section for the issuance of a permit under	53679
division (A) of this section or for conducting any necessary	53680
inspection to determine compliance with the permit. If the	53681
~~director~~commission issues such a permit or conducts such an	53682
inspection, the fee for the permit or inspection shall be	53683
transmitted to the treasurer of state and shall be credited to the	53684
~~general operations~~occupational licensing and regulatory fund	53685
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	53686
credited to the fund shall be used ~~by the director~~ only for the	53687
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	53688
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	53689
sections. ~~If the licensor is a board of health, the permit or~~	53690
~~inspection fee shall be deposited to the credit of the special~~	53691
~~fund of the health district created in section 3733.04 of the~~	53692
~~Revised Code and shall be used only for the purpose set forth in~~	53693
~~that section.~~	53694

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	53695
manufactured home park, the operator of the manufactured home	53696
park, in accordance with rules adopted under ~~division (A) of~~	53697
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	53698
~~licensor having jurisdiction of the occurrence of~~manufactured	53699
homes commission and the board of health having jurisdiction where	53700
the flood event occurred within forty-eight hours after the end of	53701
the flood event. The commission, after receiving notification,	53702
shall immediately notify the board of health.	53703

~~No person shall fail to comply with this division.~~

53704

~~(B) The licensor having jurisdiction where a flood event~~	53705
~~occurred that affected a manufactured home park shall notify the~~	53706
~~director of health of the occurrence of the flood event within~~	53707
~~twenty-four hours after being notified of the flood event under~~	53708
~~division (A) of this section. Within forty-eight hours after~~After	53709
being notified of such a flood event ~~by a licensor~~, the ~~director~~	53710
board of health shall cause an inspection to be made of the	53711
manufactured home park named in the notice. The board of health	53712
shall issue a report of the inspection to the commission within	53713
ten days after the inspection is completed.	53714

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	53715
that is located in a flood plain is substantially damaged, the	53716
owner of the home shall make all alterations, repairs, or changes	53717
to the home, and the operator of the manufactured home park shall	53718
make all alterations, repairs, or changes to the lot on which the	53719
home is located, that are necessary to ensure compliance with the	53720
flood plain management rules adopted under ~~division (A) of~~ section	53721
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	53722
changes may include, without limitation, removal of the home or	53723
other structures.	53724

No person shall fail to comply with this division.

53725

(B) No person shall cause to be performed any alteration,	53726
repair, or change required by division (A) of this section unless	53727
the person first obtains a permit from the ~~director of health or a~~	53728
~~licensor authorized by the director~~manufactured homes commission.	53729
~~The owner of the home and the operator of the manufactured home~~	53730
~~park shall jointly obtain the permit required by this division.~~	53731
~~Each of the persons to whom a permit is jointly issued is~~	53732
~~responsible for compliance with the provisions of the approved~~	53733
~~permit that are applicable to that person.~~	53734

The ~~director or a licensor authorized by the director~~	53735
commission shall disapprove an application for a permit required	53736
under this division unless the ~~director or the licensor~~commission	53737
finds that the proposed alteration, repair, or change complies	53738
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	53739
4781.26 of the Revised Code. No permit is required under this	53740
division for the construction, erection, or manufacture of any	53741
building to which section 3781.06 of the Revised Code applies.	53742

The ~~director or a licensor authorized by the director~~	53743
commission may suspend or revoke a permit issued under this	53744
division for failure to comply with the rules adopted under	53745
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	53746
pertaining to flood plain management or for failure to comply with	53747
the approved permit for making alterations, repairs, or changes to	53748
the lot on which the manufactured home is located.	53749

Any person aggrieved by the disapproval, suspension, or	53750
revocation of a permit under this division by the ~~director or by a~~	53751
~~licensor authorized by the director~~commission may request a	53752
hearing on the matter within thirty days after receipt of the	53753
notice of the disapproval, suspension, or revocation. The hearing	53754
shall be held in accordance with Chapter 119. of the Revised Code.	53755
Thereafter, an appeal of the disapproval, suspension, or	53756
revocation may be taken in the manner provided in section 119.12	53757
of the Revised Code and for necessary inspections conducted to	53758
determine compliance with those permits.	53759

(C) The ~~public health council~~commission shall establish fees	53760
for the issuance of permits under division (B) of this section and	53761
for necessary inspections conducted to determine compliance with	53762
those permits for making alterations, repairs, or changes to the	53763
lot on which the manufactured home is located.	53764

(D) The ~~director or a licensor authorized by the director~~	53765
commission shall charge the appropriate fee established under	53766
division (C) of this section for the issuance of a permit under	53767
division (B) of this section or for conducting any necessary	53768
inspection to determine compliance with the permit. If the	53769
~~director~~commission issues such a permit or conducts such an	53770
inspection, the fee for the permit or inspection shall be	53771
transmitted to the treasurer of state and shall be credited to the	53772
~~general operations~~occupational licensing and regulatory fund	53773
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	53774
credited to the fund shall be used ~~by the director~~ only for the	53775
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	53776
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	53777
sections. ~~If the licensor is a board of health, the permit or~~	53778
~~inspection fee shall be deposited to the credit of the special~~	53779
~~fund of the health district created in section 3733.04 of the~~	53780
~~Revised Code and shall be used only for the purpose set forth in~~	53781
~~that section.~~	53782

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	53783
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	53784
rules adopted thereunder.	53785

(B) The prosecuting attorney of the county, the city director	53786
of law, or the attorney general, upon complaint of the ~~licensor or~~	53787
~~the director of health~~manufactured homes commission, shall	53788
prosecute to termination or bring an action for injunction against	53789
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	53790
of the Revised Code or the rules adopted thereunder.	53791

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	53792
4781.37 of the Revised Code, a park operator shall not retaliate	53793
against a resident by increasing the resident's rent, decreasing	53794
services that are due to the resident, refusing to renew or	53795
threatening to refuse to renew the rental agreement with the	53796
resident, or bringing or threatening to bring an action for	53797
possession of the resident's premises because:	53798

(1) The resident has complained to an appropriate	53799
governmental agency of a violation of a building, housing, health,	53800
or safety code that is applicable to the premises, and the	53801
violation materially affects health and safety;	53802

(2) The resident has complained to the park operator of any	53803
violation of section ~~3733.10~~4781.38 of the Revised Code;	53804

(3) The resident joined with other residents for the purpose	53805
of negotiating or dealing collectively with the park operator on	53806
any of the terms and conditions of a rental agreement.	53807

(B) If a park operator acts in violation of division (A) of	53808
this section, the resident may:	53809

(1) Use the retaliatory action of the park operator as a	53810
defense to an action by the park operator to recover possession of	53811
the premises;	53812

(2) Recover possession of the premises;

53813

(3) Terminate the rental agreement.

53814

In addition, the resident may recover from the park operator	53815
any actual damages together with reasonable attorneys fees.	53816

(C) Nothing in division (A) of this section prohibits a park	53817
operator from increasing the rent to reflect the cost of	53818
improvements installed by the park operator in or about the	53819
premises or to reflect an increase in other costs of operation of	53820
the premises.	53821

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	53822
4781.36 of the Revised Code, a park operator may bring an action	53823
under Chapter 1923. of the Revised Code for possession of the	53824
premises if any of the following applies:	53825

(1) The resident is in default in the payment of rent.

53826

(2) The violation of the applicable building, housing,	53827
health, or safety code that the resident complained of was	53828
primarily caused by any act or lack of reasonable care by the	53829
resident, by any other person in the resident's household, or by	53830
anyone on the premises with the consent of the resident.	53831

(3) The resident is holding over the resident's term.

53832

(4) The resident is in violation of rules of the ~~public~~	53833
~~health council~~manufactured homes commission adopted pursuant to	53834
section ~~3733.02~~4781.26 of the Revised Code or rules of the	53835
manufactured home park adopted pursuant to the rules of the ~~public~~	53836
~~health council~~commission.	53837

(5) The resident has been absent from the manufactured home	53838
park for a period of thirty consecutive days prior to the	53839
commencement of the action, and the resident's manufactured home,	53840
mobile home, or recreational vehicle parked in the manufactured	53841
home park has been left unoccupied for that thirty-day period,	53842
without notice to the park operator and without payment of rent	53843
due under the rental agreement.	53844

(B) The maintenance of an action by the park operator under	53845
this section does not prevent the resident from recovering damages	53846
for any violation by the park operator of the rental agreement or	53847
of section ~~3733.10~~4781.38 of the Revised Code.	53848

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	53849
a rental agreement shall:	53850

(1) Comply with the requirements of all applicable building,	53851
housing, health, and safety codes which materially affect health	53852
and safety, and comply with rules of the ~~public health council~~	53853
manufactured homes commission;	53854

(2) Make all repairs and do whatever is reasonably necessary	53855
to put and keep the premises in a fit and habitable condition;	53856

(3) Keep all common areas of the premises in a safe and	53857
sanitary condition;	53858

(4) Maintain in good and safe working order and condition all	53859
electrical and plumbing fixtures and appliances, and septic	53860
systems, sanitary and storm sewers, refuse receptacles, and well	53861
and water systems that are supplied or required to be supplied by	53862
~~him~~the park operator;	53863

(5) Not abuse the right of access conferred by division (B)	53864
of section ~~3733.101~~4781.39 of the Revised Code;	53865

(6) Except in the case of emergency or if it is impracticable	53866
to do so, give the resident reasonable notice of ~~his~~the park	53867
operator's intent to enter onto the residential premises and enter	53868
only at reasonable times. Twenty-four hours' notice shall be	53869
presumed to be a reasonable notice in the absence of evidence to	53870
the contrary.	53871

(B) If the park operator violates any provision of this	53872
section, makes a lawful entry onto the residential premises in an	53873
unreasonable manner, or makes repeated demands for entry otherwise	53874
lawful which demands have the effect of harassing the resident,	53875
the resident may recover actual damages resulting from the	53876
violation, entry, or demands and injunctive relief to prevent the	53877
recurrence of the conduct, and if hethe resident obtains a	53878
judgment, reasonable attorneys' fees, or terminate the rental	53879
agreement.	53880

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	53881
rental agreement shall:	53882

(1) Keep that part of the premises that the resident occupies	53883
and uses safe and sanitary;	53884

(2) Dispose of all rubbish, garbage, and other waste in a	53885
clean, safe, and sanitary manner;	53886

(3) Comply with the requirements imposed on residents by all	53887
applicable state and local housing, health, and safety codes,	53888
rules of the ~~public health council~~manufactured homes commission,	53889
and rules of the manufactured home park;	53890

(4) Personally refrain, and forbid any other person who is on	53891
the premises with the resident's permission, from intentionally or	53892
negligently destroying, defacing, damaging, or removing any	53893
fixture, appliance, or other part of the residential premises;	53894

(5) Conduct self and require other persons on the premises	53895
with the resident's consent to conduct themselves in a manner that	53896
will not disturb the resident's neighbors' peaceful enjoyment of	53897
the manufactured home park.	53898

(B) The resident shall not unreasonably withhold consent for	53899
the park operator to enter the home to inspect utility	53900
connections, or enter onto the premises in order to inspect the	53901
premises, make ordinary, necessary, or agreed repairs,	53902
decorations, alterations, or improvements, deliver parcels which	53903
are too large for the resident's mail facilities, or supply	53904
necessary or agreed services.	53905

(C) If the resident violates any provision of this section,	53906
the park operator may recover any actual damages which result from	53907
the violation and reasonable attorneys' fees. This remedy is in	53908
addition to any right of the park operator to terminate the rental	53909
agreement, to maintain an action for the possession of the	53910
premises, or injunctive relief to compel access under division (B)	53911
of this section.	53912

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) The park operator shall offer	53913
each home owner a written rental agreement for a manufactured home	53914
park lot for a term of one year or more that contains terms	53915
essentially the same as any alternative month-to-month rental	53916
agreement offered to current and prospective tenants and owners.	53917
The park operator shall offer the minimum one-year rental	53918
agreement to the owner prior to installation of the home in the	53919
manufactured home park or, if the home is in the manufactured home	53920
park, prior to the expiration of the owner's existing rental	53921
agreement.	53922

(2) The park operator shall deliver the offer to the owner by	53923
certified mail, return receipt requested, or in person. If the	53924
park operator delivers the offer to the owner in person, the owner	53925
shall complete a return showing receipt of the offer. If the owner	53926
does not accept the offer, the park operator is discharged from	53927
any obligation to make any further such offers. If the owner	53928
accepts the offer, the park operator shall, at the expiration of	53929
each successive rental agreement, offer the owner another rental	53930
agreement, for a term that is mutually agreed upon, and that	53931
contains terms essentially the same as the alternative	53932
month-to-month agreement. The park operator shall deliver	53933
subsequent rental offers by ordinary mail or personal delivery. If	53934
the park operator sells the manufactured home park to another	53935
manufactured home park operator, the purchaser is bound by the	53936
rental agreements entered into by the purchaser's predecessor.	53937

(3) If the park operator sells the manufactured home park for	53938
a use other than as a manufactured home park, the park operator	53939
shall give each tenant and owner a written notification by	53940
certified mail, return receipt requested, or by handing it to the	53941
tenant or owner in person. If the park operator delivers the	53942
notification in person, the recipient shall complete a return	53943
showing receipt of the notification. This notification shall	53944
contain notice of the sale of the manufactured home park, and	53945
notice of the date by which the tenant or owner shall vacate. The	53946
date by which the tenant shall vacate shall be at least one	53947
hundred twenty days after receipt of the written notification, and	53948
the date by which the owner shall vacate shall be at least one	53949
hundred eighty days after receipt of the written notification.	53950

(B) A park operator shall fully disclose in writing all fees,	53951
charges, assessments, including rental fees, and rules prior to a	53952
tenant or owner executing a rental agreement and assuming	53953
occupancy in the manufactured home park. No fees, charges,	53954
assessments, or rental fees so disclosed may be increased nor	53955
rules changed by a park operator without specifying the date of	53956
implementation of the changed fees, charges, assessments, rental	53957
fees, or rules, which date shall be not less than thirty days	53958
after written notice of the change and its effective date to all	53959
tenants or owners in the manufactured home park, and no fee,	53960
charge, assessment, or rental fee shall be increased during the	53961
term of any tenant's or owner's rental agreement. Failure on the	53962
part of the park operator to fully disclose all fees, charges, or	53963
assessments shall prevent the park operator from collecting the	53964
undisclosed fees, charges, or assessments. If a tenant or owner	53965
refuses to pay any undisclosed fees, charges, or assessments, the	53966
refusal shall not be used by the park operator as a cause for	53967
eviction in any court.	53968

(C) A park operator shall promulgate rules governing the	53969
rental or occupancy of a lot in the manufactured home park. The	53970
rules shall not be unreasonable, arbitrary, or capricious. A copy	53971
of the rules and any amendments to them shall be delivered by the	53972
park operator to the tenant or owner prior to signing the rental	53973
agreement. A copy of the rules and any amendments to them shall be	53974
posted in a conspicuous place upon the manufactured home park	53975
grounds.	53976

(D) No park operator shall require an owner to purchase from	53977
the park operator any personal property. The park operator may	53978
determine by rule the style or quality of skirting, equipment for	53979
tying down homes, manufactured or mobile home accessories, or	53980
other equipment to be purchased by an owner from a vendor of the	53981
owner's choosing, provided that the equipment is readily available	53982
to the owner. Any such equipment shall be installed in accordance	53983
with the manufactured home park rules.	53984

(E) No park operator shall charge any owner who chooses to	53985
install an electric or gas appliance in a home an additional fee	53986
solely on the basis of the installation, unless the installation	53987
is performed by the park operator at the request of the owner, nor	53988
shall the park operator restrict the installation, service, or	53989
maintenance of the appliance, restrict the ingress or egress of	53990
repairpersons to the manufactured home park for the purpose of	53991
installation, service, or maintenance of the appliance, nor	53992
restrict the making of any interior improvement in a home, if the	53993
installation or improvement is in compliance with applicable	53994
building codes and other provisions of law and if adequate utility	53995
services are available for the installation or improvement.	53996

(F) No park operator shall require a tenant to lease or an	53997
owner to purchase a manufactured or mobile home from the park	53998
operator or any specific person as a condition of or prerequisite	53999
to entering into a rental agreement.	54000

(G) No park operator shall require an owner to use the	54001
services of the park operator or any other specific person for	54002
installation of the manufactured or mobile home on the residential	54003
premises or for the performance of any service.	54004

(H) No park operator shall:

54005

(1) Deny any owner the right to sell the owner's manufactured	54006
home within the manufactured home park if the owner gives the park	54007
operator ten days' notice of the intention to sell the home;	54008

(2) Require the owner to remove the home from the	54009
manufactured home park solely on the basis of the sale of the	54010
home;	54011

(3) Unreasonably refuse to enter into a rental agreement with	54012
a purchaser of a home located within the operator's manufactured	54013
home park;	54014

(4) Charge any tenant or owner any fee, charge, or	54015
assessment, including a rental fee, that is not set forth in the	54016
rental agreement or, if the rental agreement is oral, is not set	54017
forth in a written disclosure given to the tenant or owner prior	54018
to the tenant or owner entering into a rental agreement;	54019

(5) Charge any owner any fee, charge, or assessment because	54020
of the transfer of ownership of a home or because a home is moved	54021
out of or into the manufactured home park, except a charge for the	54022
actual costs and expenses that are incurred by the park operator	54023
in moving the home out of or into the manufactured home park, or	54024
in installing the home in the manufactured home park and that have	54025
not been reimbursed by another tenant or owner.	54026

(I) If the park operator violates any provision of divisions	54027
(A) to (H) of this section, the tenant or owner may recover actual	54028
damages resulting from the violation, and, if the tenant or owner	54029
obtains a judgment, reasonable attorneys' fees, or terminate the	54030
rental agreement.	54031

(J) No rental agreement shall require a tenant or owner to	54032
sell, lease, or sublet the tenant's or owner's interest in the	54033
rental agreement or the manufactured or mobile home that is or	54034
will be located on the lot that is the subject of the rental	54035
agreement to any specific person or through any specific person as	54036
the person's agent.	54037

(K) No park operator shall enter into a rental agreement with	54038
the owner of a manufactured or mobile home for the use of	54039
residential premises, if the rental agreement requires the owner	54040
of the home, as a condition to the owner's renting, occupying, or	54041
remaining on the residential premises, to pay the park operator or	54042
any other person specified in the rental agreement a fee or any	54043
sum of money based on the sale of the home, unless the owner of	54044
the home uses the park operator or other person as the owner's	54045
agent in the sale of the home.	54046

(L) A park operator and a tenant or owner may include in a	54047
rental agreement any terms and conditions, including any term	54048
relating to rent, the duration of an agreement, and any other	54049
provisions governing the rights and obligations of the parties	54050
that are not inconsistent with or prohibited by sections 3733.09	54051
to 3733.20 of the Revised Code or any other rule of law.	54052

(M) Notwithstanding any other provision of the Revised Code,	54053
the owner of a manufactured or mobile home ~~that was previously~~	54054
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	54055
housing dealer or broker licensed under Chapter 4517. of the	54056
Revised Code or a person properly licensed under Chapter ~~4735.~~	54057
4781. of the Revised Code to sell or lease the home.	54058

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	54059
fulfill any obligation imposed upon ~~him~~the park operator by	54060
section ~~3733.10~~4781.38 of the Revised Code or by the rental	54061
agreement, or the conditions of the premises are such that the	54062
resident reasonably believes that a park operator has failed to	54063
fulfill any such obligations, or a governmental agency has found	54064
that the premises are not in compliance with building, housing,	54065
health, or safety codes which apply to any condition of the	54066
residential premises that could materially affect the health and	54067
safety of an occupant, the resident may give notice in writing to	54068
the park operator specifying the acts, omissions, or code	54069
violations that constitute noncompliance with such provisions. The	54070
notice shall be sent to the person or place where rent is normally	54071
paid.	54072

(B) If a park operator receives the notice described in	54073
division (A) of this section and after receipt of the notice fails	54074
to remedy the condition within a reasonable time, considering the	54075
severity of the condition and the time necessary to remedy such	54076
condition, or within thirty days, whichever is sooner, and if the	54077
resident is current in rent payments due under the rental	54078
agreement, the resident may do one of the following:	54079

(1) Deposit all rent that is due and thereafter becomes due	54080
the park operator with the clerk of court of the municipal or	54081
county court having jurisdiction in the territory in which the	54082
residential premises are located;	54083

(2) Apply to the court for an order directing the park	54084
operator to remedy the condition. As part thereof, the resident	54085
may deposit rent pursuant to division (B)(1) of this section, and	54086
may apply for an order reducing the periodic rent due the park	54087
operator until such time as the park operator does remedy the	54088
condition, and may apply for an order to use the rent deposited to	54089
remedy the condition. In any order issued pursuant to this	54090
division, the court may require the resident to deposit rent with	54091
the clerk of court as provided in division (B)(1) of this section.	54092

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	54093
with the clerk of a court as provided in section ~~3733.12~~4781.41	54094
of the Revised Code, the clerk shall give written notice of this	54095
fact to the park operator and to ~~his~~the park operator's agent, if	54096
any.	54097

(B) The clerk shall place all rent deposited with ~~him~~the	54098
clerk in a separate rent escrow account in the name of the clerk	54099
in a bank or building and loan association domiciled in this	54100
state.	54101

(C) The clerk shall keep in a separate docket an account of	54102
each deposit, with the name and address of the resident, and the	54103
name and address of the park operator and of ~~his~~the park	54104
operator's agent, if any.	54105

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	54106
one per cent of the amount of the rent deposited, which shall be	54107
assessed as court costs.	54108

(E) All interest that has accrued on the rent deposited by	54109
the clerk of a county court under division (B) of this section	54110
shall be paid into the treasury of the political subdivision for	54111
which the clerk performs ~~his~~the clerk's duties. All interest that	54112
has accrued on the rent deposited by the clerk of a municipal	54113
court under division (B) of this section shall be paid into the	54114
city treasury as defined in division (B) of section 1901.03 of the	54115
Revised Code.	54116

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	54117
notice that rent due ~~him~~the park operator has been deposited with	54118
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	54119
Revised Code, may:	54120

(1) Apply to the clerk of court for release of the rent on	54121
the ground that the condition contained in the notice given	54122
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	54123
Code has been remedied. The clerk shall forthwith release the	54124
rent, less costs, to the park operator if the resident gives	54125
written notice to the clerk that the condition has been remedied.	54126

(2) Apply to the court for release of the rent on the grounds	54127
that the resident did not comply with the notice requirement of	54128
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	54129
that the resident was not current in rent payments due under the	54130
rental agreement at the time the resident initiated rent deposits	54131
with the clerk of courts under division (B)(1) of section ~~3733.12~~	54132
4781.41 of the Revised Code;	54133

(3) Apply to the court for release of the rent on the grounds	54134
that there was no violation of any obligation imposed upon the	54135
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	54136
the rental agreement, or by any building, housing, health, or	54137
safety code, or that the condition contained in the notice given	54138
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	54139
Code has been remedied.	54140

(B) The resident shall be named as a party to any action	54141
filed by the park operator under this section, and shall have the	54142
right to file an answer and counterclaim, as in other civil cases.	54143
A trial shall be held within sixty days of the date of filing of	54144
the park operator's complaint, unless for good cause shown the	54145
court grants a continuance.	54146

(C) If the court finds that there was no violation of any	54147
obligation imposed upon the park operator by section ~~3733.10~~	54148
4781.38 of the Revised Code or by the rental agreement, or by any	54149
building, housing, health, or safety code, or that the condition	54150
contained in the notice given pursuant to division (A) of section	54151
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	54152
resident did not comply with the notice requirement of division	54153
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	54154
resident was not current in rent payments at the time the resident	54155
initiated rent deposits with the clerk of court under division	54156
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	54157
shall order the release to the park operator of rent on deposit	54158
with the clerk, less costs.	54159

(D) If the court finds that the condition contained in the	54160
notice given pursuant to division (A) of section ~~3733.12~~4781.41	54161
of the Revised Code was the result of an act or omission of the	54162
resident, or that the resident intentionally acted in bad faith in	54163
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	54164
resident shall be liable for damages caused to the park operator,	54165
and for costs, together with reasonable attorneys' fees if the	54166
resident intentionally acted in bad faith.	54167

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	54168
action for the release of rent deposited with a clerk of court,	54169
the court may, during the pendency of the action, upon application	54170
of the park operator, release part of the rent on deposit for	54171
payment of the periodic interest on a mortgage on the premises,	54172
the periodic principal payments on a mortgage on the premises, the	54173
insurance premiums for the premises, real estate taxes on the	54174
premises, utility services, repairs, and other customary and usual	54175
costs of operating the premises.	54176

(B) In determining whether to release rent for the payments	54177
described in division (A) of this section, the court shall	54178
consider the amount of rent the park operator receives from other	54179
lots, the cost of operating these lots, and the costs which may be	54180
required to remedy the condition contained in the notice given	54181
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	54182
Code.	54183

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	54184
violation of the rules of the manufactured home park, of the	54185
~~public health council~~manufactured homes commission, or of	54186
applicable state and local health and safety codes, the park	54187
operator may deliver a written notification of the violation to	54188
the resident. The notification shall contain all of the following:	54189

(A) A description of the violation;

54190

(B) A statement that the rental agreement will terminate upon	54191
a date specified in the written notice not less than thirty days	54192
after receipt of the notice unless the resident remedies the	54193
violation;	54194

(C) A statement that the violation was material and that if a	54195
second material violation of any park or ~~public health council~~	54196
commission rule, or any health and safety code, occurs within six	54197
months after the date of this notice, the rental agreement will	54198
terminate immediately;	54199

(D) A statement that a defense available to termination of	54200
the rental agreement for two material violations of park or ~~public~~	54201
~~health council~~commission rules, or of health and safety codes, is	54202
that the park rule is unreasonable, or that the park or ~~public~~	54203
~~health council~~commission rule, or health or safety code, is not	54204
being enforced against other manufactured home park residents, or	54205
that the two violations were not willful and not committed in bad	54206
faith.	54207

If the resident remedies the condition described in the	54208
notice, whether by repair, the payment of damages, or otherwise,	54209
the rental agreement shall not terminate. The park operator may	54210
terminate the rental agreement immediately if the resident commits	54211
a second material violation of the park or ~~public health council~~	54212
commission rules, or of applicable state and local health and	54213
safety codes, subject to the defense that the park rule is	54214
unreasonable, that the park or ~~public health council~~commission	54215
rule, or health or safety code, is not being enforced against	54216
other manufactured home park residents, or that the two violations	54217
were not willful and not committed in bad faith.	54218

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	54219
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	54220
recover damages for the breach of contract or the breach of any	54221
duty that is imposed by law.	54222

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	54223
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	54224
waived by any oral or written agreement except as provided in	54225
division (F) of this section.	54226

(B) No warrant of attorney to confess judgment shall be	54227
recognized in any rental agreement or in any other agreement	54228
between a park operator and resident for the recovery of rent or	54229
damages to the residential premises.	54230

(C) No agreement to pay the park operator's or resident's	54231
attorney fees shall be recognized in any rental agreement for	54232
residential premises or in any other agreement between a park	54233
operator and resident.	54234

(D) No agreement by a resident to the exculpation or	54235
limitation of any liability of the park operator arising under law	54236
or to indemnify the park operator for that liability or its	54237
related costs shall be recognized in any rental agreement or in	54238
any other agreement between a park operator and resident.	54239

(E) A rental agreement, or the assignment, conveyance, trust	54240
deed, or security instrument of the park operator's interest in	54241
the rental agreement may not permit the receipt of rent free of	54242
the obligation to comply with section ~~3733.10~~4781.38 of the	54243
Revised Code.	54244

(F) The park operator may agree to assume responsibility for	54245
fulfilling any duty or obligation imposed on a resident by section	54246
~~3733.101~~4781.39 of the Revised Code.	54247

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	54248
finds a rental agreement, or any clause of it, to have been	54249
unconscionable at the time it was made, it may refuse to enforce	54250
the rental agreement or it may enforce the remainder of the rental	54251
agreement without the unconscionable clause, or it may so limit	54252
the application of any unconscionable clause as to avoid any	54253
unconscionable result.	54254

(B) When it is claimed or appears to the court that the	54255
rental agreement, or any clause of it, may be unconscionable, the	54256
parties shall be afforded a reasonable opportunity to present	54257
evidence as to its setting, purpose, and effect to aid the court	54258
in making the determination.	54259

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	54260
premises shall initiate any act, including termination of	54261
utilities or services, exclusion from the premises, or threat of	54262
any unlawful act, against a resident, or a resident whose right to	54263
possession has terminated, for the purpose of recovering	54264
possession of residential premises, other than as provided in	54265
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	54266

(B) No park operator of residential premises shall seize the	54267
furnishings or possessions of a resident, or of a resident whose	54268
right to possession was terminated, for the purpose of recovering	54269
rent payments, other than in accordance with an order issued by a	54270
court of competent jurisdiction.	54271

(C) A park operator who violates this section is liable in a	54272
civil action for all damages caused to a resident, or to a	54273
resident whose right to possession has terminated, together with	54274
reasonable attorneys' fees.	54275

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	54276
fifty dollars or one month's periodic rent, whichever is greater,	54277
shall bear interest on the excess at the rate of five per cent per	54278
annum if the resident remains in possession of the premises for	54279
six months or more, and shall be computed and paid annually by the	54280
park operator to the resident.	54281

(B) Upon termination of the rental agreement any property or	54282
money held by the park operator as a security deposit may be	54283
applied to the payment of past due rent and to the payment of the	54284
amount of damages that the park operator has suffered by reason of	54285
the resident's noncompliance with section ~~3733.101~~4781.39 of the	54286
Revised Code or the rental agreement. Any deduction from the	54287
security deposit shall be itemized and identified by the park	54288
operator in a written notice delivered to the resident together	54289
with the amount due, within thirty days after termination of the	54290
rental agreement and delivery of possession. The resident shall	54291
provide the park operator in writing with a forwarding address or	54292
new address to which the written notice and amount due from the	54293
park operator may be sent. If the resident fails to provide the	54294
park operator with the forwarding or new address as required, the	54295
resident shall not be entitled to damages or attorneys' fees under	54296
division (C) of this section.	54297

(C) If the park operator fails to comply with division (B) of	54298
this section, the resident may recover the property and money due	54299
~~him~~the resident, together with damages in an amount equal to the	54300
amount wrongfully withheld, and reasonable attorneys' fees.	54301

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	54302
residential premises shall contain the name and address of the	54303
owner of the residential premises and the name and address of the	54304
owner's agent, if any. If the owner or the owner's agent is a	54305
corporation, partnership, limited partnership, association, trust,	54306
or other entity, the address shall be the principal place of	54307
business in the county in which the residential premises are	54308
situated or if there is no place of business in such county then	54309
its principal place of business in this state, and shall include	54310
the name of the person in charge thereof.	54311

(B) If the rental agreement is oral, the park operator, at	54312
the commencement of the term of occupancy, shall deliver to the	54313
resident a written notice containing the information required in	54314
division (A) of this section.	54315

(C) If the park operator fails to provide the notice of the	54316
name and address of the owner and owner's agent, if any, as	54317
required under division (A) or (B) of this section, the notices to	54318
the park operator required under division (A) of sections ~~3733.12~~	54319
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	54320
park operator and the operator's agent.	54321

(D) Every written rental agreement for residential premises	54322
shall contain the following notice in ten-point boldface type:	54323

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	54324
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	54325
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	54326
AGREEMENTS IN MANUFACTURED HOME PARKS."	54327

If the rental agreement is oral, the park operator, at the	54328
commencement of the term of occupancy, shall deliver the notice to	54329
the resident in writing.	54330

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	54331
continue in existence any ordinance and no township may adopt or	54332
continue in existence any resolution that is in conflict with	54333
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	54334
or that regulates those rights and obligations of parties to a	54335
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	54336
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	54337
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	54338
building, health, or safety codes of any municipal corporation or	54339
township.	54340

Sec. 4781.54. There is hereby created in the state treasury	54341
the manufactured homes commission regulatory fund. The fund shall	54342
consist of fees collected under section 4781.121 of the Revised	54343
Code and fees paid under section 4781.28 of the Revised Code and	54344
shall be used for the purposes described in those sections.	54345

Sec. 4781.99. (A) Whoever violates division (A) of section	54346
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	54347
first offense and shall be subject to a mandatory fine of one	54348
hundred dollars. On a second offense, the person is guilty of a	54349
misdemeanor of the first degree and shall be subject to a	54350
mandatory fine of one thousand dollars.	54351

(B) Whoever violates section 4781.20 of the Revised Code is	54352
guilty of a minor misdemeanor.	54353

(C) Whoever violates any of the following is guilty of a	54354
misdemeanor of the fourth degree:	54355

(1) Division (B) or (C) of section 4781.16 of the Revised	54356
Code;	54357

(2) Section 4781.22 of the Revised Code;

54358

(3) Section 4781.23 of the Revised Code;

54359

(4) Division (A) of section 4781.24 of the Revised Code;

54360

(5) Section 4781.25 of the Revised Code;

54361

(6) Division (A) of section 4781.35 of the Revised Code.

54362

Sec. 4905.01. As used in this chapter:

54363

(A) "Railroad" has the same meaning as in section 4907.02 of	54364
the Revised Code.	54365

(B) "Motor ~~transportation company~~carrier" has the same	54366
meaning as in ~~sections 4905.03 and 4921.02~~section 4923.01 of the	54367
Revised Code.	54368

(C) "~~Trailer~~Motor vehicle" and "public highway" have the	54369
same meanings as in section ~~4921.02~~4921.01 of the Revised Code.	54370

(D) ~~"Private motor carrier" and "motor vehicle" have the same~~	54371
~~meanings as in section 4923.02 of the Revised Code.~~	54372

~~(E)~~ "Ohio coal research and development costs" means all	54373
reasonable costs associated with a facility or project undertaken	54374
by a public utility for which a recommendation to allow the	54375
recovery of costs associated therewith has been made under	54376
division (B)(7) of section 1551.33 of the Revised Code, including,	54377
but not limited to, capital costs, such as costs of debt and	54378
equity; construction and operation costs; termination and	54379
retirement costs; costs of feasibility and marketing studies	54380
associated with the project; and the acquisition and delivery	54381
costs of Ohio coal used in the project, less any expenditures of	54382
grant moneys.	54383

Sec. 4905.02. (A) As used in this chapter, "public utility"	54384
includes every corporation, company, copartnership, person, or	54385
association, the lessees, trustees, or receivers of the foregoing,	54386
defined in section 4905.03 of the Revised Code, including any	54387
public utility that operates its utility not for profit, except	54388
the following:	54389

~~(A)~~(1) An electric light company that operates its utility	54390
not for profit;	54391

~~(B)~~(2) A public utility, other than a telephone company, that	54392
is owned and operated exclusively by and solely for the utility's	54393
customers, including any consumer or group of consumers	54394
purchasing, delivering, storing, or transporting, or seeking to	54395
purchase, deliver, store, or transport, natural gas exclusively by	54396
and solely for the consumer's or consumers' own intended use as	54397
the end user or end users and not for profit;	54398

~~(C)~~(3) A public utility that is owned or operated by any	54399
municipal corporation;	54400

~~(D)~~(4) A railroad as defined in sections 4907.02 and 4907.03	54401
of the Revised Code;	54402

~~(E)~~(5) Any provider, including a telephone company, with	54403
respect to its provision of any of the following:	54404

~~(1)~~(a) Advanced services as defined in 47 C.F.R. 51.5;

54405

~~(2)~~(b) Broadband service, however defined or classified by	54406
the federal communications commission;	54407

~~(3)~~(c) Information service as defined in the	54408
"Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20);	54409

~~(4)~~(d) Subject to division (A) of section 4927.03 of the	54410
Revised Code, internet protocol-enabled services as defined in	54411
section 4927.01 of the Revised Code;	54412

~~(5)~~(e) Subject to division (A) of section 4927.03 of the	54413
Revised Code, any telecommunications service as defined in section	54414
4927.01 of the Revised Code to which both of the following apply:	54415

~~(a)~~(i) The service was not commercially available on	54416
September 13, 2010, the effective date of the amendment of this	54417
section by S.B. 162 of the 128th general assembly.	54418

~~(b)~~(ii) The service employs technology that became available	54419
for commercial use only after September 13, 2010, the effective	54420
date of the amendment of this section by S.B. 162 of the 128th	54421
general assembly.	54422

(B)(1) "Public utility" includes a for-hire motor carrier	54423
even if the carrier is operated in connection with an entity	54424
described in division (A)(1), (2), (4), or (5) of this section.	54425

(2) Division (A) of this section shall not be construed to	54426
relieve a private motor carrier, operated in connection with an	54427
entity described in division (A)(1), (2), (4), or (5) of this	54428
section, from compliance with any of the following:	54429

(a) Chapter 4923. of the Revised Code;

54430

(b) Hazardous-material regulation under section 4921.15 of	54431
the Revised Code and division (H) of section 4921.19 of the	54432
Revised Code, or rules adopted thereunder;	54433

(c) Rules governing unified carrier registration adopted	54434
under section 4921.11 of the Revised Code.	54435

Sec. 4905.03. As used in this chapter:

54436

~~(A) Any~~, any person, firm, copartnership, voluntary	54437
association, joint-stock association, company, or corporation,	54438
wherever organized or incorporated, is:	54439

~~(1)~~(A) A telephone company, when engaged in the business of	54440
transmitting telephonic messages to, from, through, or in this	54441
state;	54442

~~(2)~~(B) A for-hire motor ~~transportation company~~carrier, when	54443
engaged in the business of ~~carrying and~~ transporting persons or	54444
property ~~or the business of providing or furnishing such~~	54445
~~transportation service, for hire, in or~~ by motor~~-propelled~~	54446
~~vehicles of any kind, including trailers, for the public in~~	54447
~~general, over any public street, road, or highway in this state~~	54448
vehicle for compensation, except ~~as provided~~when engaged in any	54449
of the operations in intrastate commerce described in divisions	54450
(B)(1) to (8) of section ~~4921.02~~4921.01 of the Revised Code, but	54451
including the carrier's agents, officers, and representatives, as	54452
well as employees responsible for hiring, supervising, training,	54453
assigning, or dispatching drivers and employees concerned with the	54454
installation, inspection, and maintenance of motor-vehicle	54455
equipment and accessories;	54456

~~(3)~~(C) An electric light company, when engaged in the	54457
business of supplying electricity for light, heat, or power	54458
purposes to consumers within this state, including supplying	54459
electric transmission service for electricity delivered to	54460
consumers in this state, but excluding a regional transmission	54461
organization approved by the federal energy regulatory commission;	54462

~~(4)~~(D) A gas company, when engaged in the business of	54463
supplying artificial gas for lighting, power, or heating purposes	54464
to consumers within this state or when engaged in the business of	54465
supplying artificial gas to gas companies or to natural gas	54466
companies within this state, but a producer engaged in supplying	54467
to one or more gas or natural gas companies, only such artificial	54468
gas as is manufactured by that producer as a by-product of some	54469
other process in which the producer is primarily engaged within	54470
this state is not thereby a gas company. All rates, rentals,	54471
tolls, schedules, charges of any kind, or agreements between any	54472
gas company and any other gas company or any natural gas company	54473
providing for the supplying of artificial gas and for compensation	54474
for the same are subject to the jurisdiction of the public	54475
utilities commission.	54476

~~(5)~~(E) A natural gas company, when engaged in the business of	54477
supplying natural gas for lighting, power, or heating purposes to	54478
consumers within this state. Notwithstanding the above, neither	54479
the delivery nor sale of Ohio-produced natural gas by a producer	54480
or gatherer under a public utilities commission-ordered exemption,	54481
adopted before, as to producers, or after, as to producers or	54482
gatherers, January 1, 1996, or the delivery or sale of	54483
Ohio-produced natural gas by a producer or gatherer of	54484
Ohio-produced natural gas, either to a lessor under an oil and gas	54485
lease of the land on which the producer's drilling unit is	54486
located, or the grantor incident to a right-of-way or easement to	54487
the producer or gatherer, shall cause the producer or gatherer to	54488
be a natural gas company for the purposes of this section.	54489

All rates, rentals, tolls, schedules, charges of any kind, or	54490
agreements between a natural gas company and other natural gas	54491
companies or gas companies providing for the supply of natural gas	54492
and for compensation for the same are subject to the jurisdiction	54493
of the public utilities commission. The commission, upon	54494
application made to it, may relieve any producer or gatherer of	54495
natural gas, defined in this section as a gas company or a natural	54496
gas company, of compliance with the obligations imposed by this	54497
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923.	54498
of the Revised Code, so long as the producer or gatherer is not	54499
affiliated with or under the control of a gas company or a natural	54500
gas company engaged in the transportation or distribution of	54501
natural gas, or so long as the producer or gatherer does not	54502
engage in the distribution of natural gas to consumers.	54503

Nothing in division ~~(A)(5)~~(E) of this section limits the	54504
authority of the commission to enforce sections 4905.90 to 4905.96	54505
of the Revised Code.	54506

~~(6)~~(F) A pipe-line company, when engaged in the business of	54507
transporting natural gas, oil, or coal or its derivatives through	54508
pipes or tubing, either wholly or partly within this state;	54509

~~(7)~~(G) A water-works company, when engaged in the business of	54510
supplying water through pipes or tubing, or in a similar manner,	54511
to consumers within this state;	54512

~~(8)~~(H) A heating or cooling company, when engaged in the	54513
business of supplying water, steam, or air through pipes or tubing	54514
to consumers within this state for heating or cooling purposes;	54515

~~(9)~~(I) A messenger company, when engaged in the business of	54516
supplying messengers for any purpose;	54517

~~(10)~~(J) A street railway company, when engaged in the	54518
business of operating as a common carrier, a railway, wholly or	54519
partly within this state, with one or more tracks upon, along,	54520
above, or below any public road, street, alleyway, or ground,	54521
within any municipal corporation, operated by any motive power	54522
other than steam and not a part of an interurban railroad, whether	54523
the railway is termed street, inclined-plane, elevated, or	54524
underground railway;	54525

~~(11)~~(K) A suburban railroad company, when engaged in the	54526
business of operating as a common carrier, whether wholly or	54527
partially within this state, a part of a street railway	54528
constructed or extended beyond the limits of a municipal	54529
corporation, and not a part of an interurban railroad;	54530

~~(12)~~(L) An interurban railroad company, when engaged in the	54531
business of operating a railroad, wholly or partially within this	54532
state, with one or more tracks from one municipal corporation or	54533
point in this state to another municipal corporation or point in	54534
this state, whether constructed upon the public highways or upon	54535
private rights-of-way, outside of municipal corporations, using	54536
electricity or other motive power than steam power for the	54537
transportation of passengers, packages, express matter, United	54538
States mail, baggage, and freight. Such an interurban railroad	54539
company is included in the term "railroad" as used in section	54540
4907.02 of the Revised Code.	54541

~~(13)~~(M) A sewage disposal system company, when engaged in the	54542
business of sewage disposal services through pipes or tubing, and	54543
treatment works, or in a similar manner, within this state.	54544

~~(B) "Motor-propelled vehicle" means any automobile,~~	54545
~~automobile truck, motor bus, or any other self-propelled vehicle~~	54546
~~not operated or driven upon fixed rails or tracks.~~	54547

Sec. 4905.05. The jurisdiction, supervision, powers, and	54548
duties of the public utilities commission extend to every public	54549
utility and railroad, the plant or property of which lies wholly	54550
within this state and when the property of a public utility or	54551
railroad lies partly within and partly without this state to that	54552
part of such plant or property which lies within this state; to	54553
the persons or companies owning, leasing, or operating such public	54554
utilities and railroads; to the records and accounts of the	54555
business thereof done within this state; and to the records and	54556
accounts of any companies which are part of an electric utility	54557
holding company system exempt under section 3(a)(1) or (2) of the	54558
"Public Utility Holding Company Act of 1935," 49 Stat. 803, 15	54559
U.S.C. 79c, and the rules and regulations promulgated thereunder,	54560
insofar as such records and accounts may in any way affect or	54561
relate to the costs associated with the provision of electric	54562
utility service by any public utility operating in this state and	54563
part of such holding company system.	54564

Nothing in this section, or section 4905.06 or 4905.46 of the	54565
Revised Code pertaining to regulation of holding companies, grants	54566
the public utilities commission authority to regulate a holding	54567
company or its subsidiaries which are organized under the laws of	54568
another state, render no public utility service in the state of	54569
Ohio, and are regulated as a public utility by the public	54570
utilities commission of another state or primarily by a federal	54571
regulatory commission, nor do these grants of authority apply to	54572
public utilities that are excepted from the definition of "public	54573
utility" under divisions (A)(1) to ~~(C)~~(3) of section 4905.02 of	54574
the Revised Code.	54575

Sec. 4905.06. The public utilities commission has general	54576
supervision over all public utilities within its jurisdiction as	54577
defined in section 4905.05 of the Revised Code, and may examine	54578
such public utilities and keep informed as to their general	54579
condition, capitalization, and franchises, and as to the manner in	54580
which their properties are leased, operated, managed, and	54581
conducted with respect to the adequacy or accommodation afforded	54582
by their service, the safety and security of the public and their	54583
employees, and their compliance with all laws, orders of the	54584
commission, franchises, and charter requirements. The commission	54585
has general supervision over all other companies referred to in	54586
section 4905.05 of the Revised Code to the extent of its	54587
jurisdiction as defined in that section, and may examine such	54588
companies and keep informed as to their general condition and	54589
capitalization, and as to the manner in which their properties are	54590
leased, operated, managed, and conducted with respect to the	54591
adequacy or accommodation afforded by their service, and their	54592
compliance with all laws and orders of the commission, insofar as	54593
any of such matters may relate to the costs associated with the	54594
provision of electric utility service by public utilities in this	54595
state which are affiliated or associated with such companies. The	54596
commission, through the public utilities commissioners or	54597
inspectors or employees of the commission authorized by it, may	54598
enter in or upon, for purposes of inspection, any property,	54599
equipment, building, plant, factory, office, apparatus, machinery,	54600
device, and lines of any public utility. The power to inspect	54601
includes the power to prescribe any rule or order that the	54602
commission finds necessary for protection of the public safety. In	54603
order to assist the commission in the performance of its duties	54604
under this chapter, authorized employees of the motor carrier	54605
enforcement unit, created under section 5503.34 of the Revised	54606
Code in the division of state highway patrol, of the department of	54607
public safety may enter in or upon, for inspection purposes, any	54608
motor vehicle of any ~~motor transportation company or private~~ motor	54609
carrier ~~as defined in section 4923.02 of the Revised Code~~.	54610

In order to inspect motor vehicles owned or operated by a	54611
motor ~~transportation company~~carrier engaged in the transportation	54612
of persons, authorized employees of the motor carrier enforcement	54613
unit, division of state highway patrol, of the department of	54614
public safety may enter in or upon any property of any motor	54615
~~transportation company, as defined in section 4921.02 of the~~	54616
~~Revised Code,~~carrier engaged in the intrastate transportation of	54617
persons.	54618

Sec. 4905.402. (A) As used in this section:

54619

(1) "Control" means the possession of the power to direct the	54620
management and policies of a domestic telephone company or a	54621
holding company of a domestic telephone company, or the management	54622
and policies of a domestic electric utility or a holding company	54623
of a domestic electric utility, through the ownership of voting	54624
securities, by contract, or otherwise, but does not include the	54625
power that results from holding an official position or the	54626
possession of corporate office with the domestic company or	54627
utility or the holding company. Control is presumed to exist if	54628
any person, directly or indirectly, owns, controls, holds the	54629
power to vote, or holds with the power to vote proxies that	54630
constitute, twenty per cent or more of the total voting power of	54631
the domestic company or utility or the holding company.	54632

(2) "Electric utility" has the same meaning as in section	54633
4928.07 of the Revised Code.	54634

(3) "Holding company" excludes any securities broker	54635
performing the usual and customary broker's function.	54636

(4) "Telephone company" means any company described in	54637
division (A)~~(1)~~ of section 4905.03 of the Revised Code that is a	54638
public utility under section 4905.02 of the Revised Code and	54639
provides basic local exchange service, as defined in section	54640
4927.01 of the Revised Code.	54641

(B) No person shall acquire control, directly or indirectly,	54642
of a domestic telephone company or a holding company controlling a	54643
domestic telephone company or of a domestic electric utility or a	54644
holding company controlling a domestic electric utility unless	54645
that person obtains the prior approval of the public utilities	54646
commission under this section. To obtain approval the person shall	54647
file an application with the commission demonstrating that the	54648
acquisition will promote public convenience and result in the	54649
provision of adequate service for a reasonable rate, rental, toll,	54650
or charge. The application shall contain such information as the	54651
commission may require. If the commission considers a hearing	54652
necessary, it may fix a time and place for hearing. If, after	54653
review of the application and after any necessary hearing, the	54654
commission is satisfied that approval of the application will	54655
promote public convenience and result in the provision of adequate	54656
service for a reasonable rate, rental, toll, or charge, the	54657
commission shall approve the application and make such order as it	54658
considers proper. If the commission fails to issue an order within	54659
thirty days of the filing of the application, or within twenty	54660
days of the conclusion of a hearing, if one is held, the	54661
application shall be deemed approved by operation of law.	54662

(C) No domestic telephone company shall merge with another	54663
domestic telephone company unless the merging companies obtain the	54664
prior approval of the commission. An application seeking such	54665
approval shall be filed, processed, and decided in the manner	54666
provided for an application under division (B) of this section.	54667

(D) The commission shall adopt such rules as it finds	54668
necessary to carry out the provisions of this section.	54669

(E) If it appears to the commission or to any person that may	54670
be adversely affected that any person is engaged in or about to	54671
engage in any acts or practices that would violate division (B) or	54672
(C) of this section or any provision of a rule adopted under this	54673
section, the attorney general, when directed to do so by the	54674
commission, or the person claiming to be adversely affected may	54675
bring an action in any court of common pleas that has jurisdiction	54676
and venue to enjoin such acts or practices and enforce compliance.	54677
Upon a proper showing, the court shall grant, without bond, a	54678
restraining order or temporary or permanent injunction.	54679

(F) The courts of this state have jurisdiction over every	54680
person not a resident of or domiciled or authorized to do business	54681
in this state that files, or is prohibited from acting without	54682
first filing, an application under division (B) or (C) of this	54683
section, and over all actions involving such person arising out of	54684
violations of any provision of this section or of a rule adopted	54685
under this section. The secretary of state shall be the agent for	54686
service of process for any such person in any action, suit, or	54687
proceeding arising out of such violations. Copies of all such	54688
lawful process shall be served upon the secretary of state and	54689
transmitted by certified mail, with return receipt requested, by	54690
the secretary of state to such person at the person's last known	54691
address.	54692

Sec. 4905.54. Every public utility or railroad and every	54693
officer of a public utility or railroad shall comply with every	54694
order, direction, and requirement of the public utilities	54695
commission made under authority of this chapter and Chapters	54696
4901., 4903., 4907., and 4909.~~, 4921., and 4923.~~ of the Revised	54697
Code, so long as they remain in force. Except as otherwise	54698
specifically provided in ~~sections 4905.83,~~section 4905.95,	54699
~~4919.99, 4921.99, and 4923.99~~ of the Revised Code, the public	54700
utilities commission may assess a forfeiture of not more than ten	54701
thousand dollars for each violation or failure against a public	54702
utility or railroad that violates a provision of those chapters or	54703
that after due notice fails to comply with an order, direction, or	54704
requirement of the commission that was officially promulgated.	54705
Each day's continuance of the violation or failure is a separate	54706
offense. All forfeitures collected under this section shall be	54707
credited to the general revenue fund.	54708

Sec. 4905.57. Except as otherwise specifically provided in	54709
sections ~~4905.83,~~ 4905.96~~, 4919.99, 4921.99,~~ and 4923.99 of the	54710
Revised Code, actions to recover forfeitures provided for in this	54711
chapter and Chapters 4901., 4903., 4907., 4909., ~~4921.,~~ and 4923.	54712
of the Revised Code shall be prosecuted in the name of the state	54713
and may be brought in the court of common pleas of any county in	54714
which the public utility or, railroad, or motor carrier is	54715
located. Such actions shall be commenced and prosecuted by the	54716
attorney general when hethe attorney general is directed to do so	54717
by the public utilities commission. Moneys recovered by such	54718
actions shall be deposited in the state treasury to the credit of	54719
the general revenue fund.	54720

Sec. 4905.58. All prosecutions against a railroad or an	54721
officer, agent, or employee thereof, under Chapters 4901., 4903.,	54722
4905., 4907., and 4909.~~, 4921., and 4923.~~ and other sections of	54723
the Revised Code for penalties involving imprisonment shall be by	54724
indictment.	54725

Sec. 4905.80. The policy of this state is to:

54726

(A) Regulate transportation by motor carriers so as to	54727
recognize and preserve the inherent advantages of, and foster safe	54728
conditions in, that transportation and among those carriers in the	54729
public interest;	54730

(B) Promote safe and secure service by motor carriers,	54731
without unjust discriminations, undue preferences or advantages,	54732
and unfair or destructive competitive practices;	54733

(C) Improve the relations between, and coordinate	54734
transportation by and regulation of, motor carriers and other	54735
carriers;	54736

(D) Develop and preserve a highway transportation system	54737
properly adapted to the needs of commerce and the state;	54738

(E) Cooperate with the federal government and the several	54739
states, and the authorized officials thereof, and with any	54740
organization of motor carriers in the administration and	54741
enforcement of this chapter and Chapters 4901., 4903., 4907.,	54742
4909., 4921., and 4923. of the Revised Code.	54743

Sec. 4905.81. The public utilities commission shall:

54744

(A) Supervise and regulate each motor carrier;

54745

(B) Regulate the safety of operation of each motor carrier;

54746

(C) Adopt reasonable safety rules applicable to the highway	54747
transportation of persons or property in interstate and intrastate	54748
commerce by motor carriers;	54749

(D) Adopt safety rules applicable to the transportation and	54750
offering for transportation of hazardous materials in interstate	54751
and intrastate commerce by motor carriers. The rules shall not be	54752
incompatible with the requirements of the United States department	54753
of transportation.	54754

(E) Require the filing of reports and other data by motor	54755
carriers;	54756

(F) Adopt reasonable rules for the administration and	54757
enforcement of this chapter and Chapters 4901., 4903., 4907.,	54758
4909., 4921., and 4923. of the Revised Code applying to each motor	54759
carrier in this state;	54760

(G) Supervise and regulate motor carriers in all other	54761
matters affecting the relationship between those carriers and the	54762
public to the exclusion of all local authorities, except as	54763
provided in this section. The commission, in the exercise of the	54764
jurisdiction conferred upon it by this chapter and Chapters 4901.,	54765
4903., 4907., 4909., 4921., and 4923. of the Revised Code, may	54766
adopt rules affecting motor carriers, notwithstanding the	54767
provisions of any ordinance, resolution, license, or permit	54768
enacted, adopted, or granted by any township, municipal	54769
corporation, municipal corporation and county, or county. In case	54770
of conflict between any such ordinance, resolution, license, or	54771
permit, the order or rule of the commission shall prevail. Local	54772
subdivisions may adopt reasonable local police rules within their	54773
respective boundaries not inconsistent with those chapters and	54774
rules adopted under them.	54775

The commission has jurisdiction to receive, hear, and	54776
determine as a question of fact, upon complaint of any party or	54777
upon its own motion, and upon not less than fifteen days' notice	54778
of the time and place of the hearing and the matter to be heard,	54779
whether any corporation, company, association, joint-stock	54780
association, person, firm, or copartnership, or their lessees,	54781
legal or personal representatives, trustees, or receivers or	54782
trustees appointed by any court, is engaged as a motor carrier.	54783
The finding of the commission on such a question is a final order	54784
that may be reviewed as provided in section 4923.15 of the Revised	54785
Code.	54786

Sec. 4905.84. (A) As used in this section:

54787

(1) "Telecommunications relay service" means intrastate	54788
transmission services that provide the ability for an individual	54789
who has a hearing or speech impairment to engage in a	54790
communication by wire or radio with a hearing individual in a	54791
manner that is functionally equivalent to the ability of an	54792
individual who does not have a hearing or speech impairment to	54793
communicate using voice communication services by wire or radio.	54794
"Telecommunications relay service" includes services that enable	54795
two-way communication between an individual who uses a	54796
telecommunications device for the deaf or other nonvoice terminal	54797
device and an individual who does not use such a device.	54798

(2) "TRS provider" means an entity selected by the public	54799
utilities commission as the provider of telecommunications relay	54800
service for this state as part of the commission's intrastate	54801
telecommunications relay service program certified pursuant to	54802
federal law.	54803

(B) For the sole purpose of funding telecommunications relay	54804
service, the commission shall, not earlier than January 1, 2009,	54805
impose on and collect from each service provider that is required	54806
under federal law to provide its customers access to	54807
telecommunications relay service an annual assessment to pay for	54808
costs incurred by the TRS provider for providing such service in	54809
Ohio. The commission shall determine the appropriate service	54810
providers to be assessed the telecommunications relay service	54811
costs, including telephone companies as defined in division (A)~~(1)~~	54812
of section 4905.03 of the Revised Code, commercial mobile radio	54813
service providers, and providers of advanced services or internet	54814
protocol-enabled services that are competitive with or	54815
functionally equivalent to basic local exchange service as defined	54816
in section 4927.01 of the Revised Code.	54817

(C) The assessment shall be allocated proportionately among	54818
the appropriate service providers using a competitively neutral	54819
formula established by the commission based on the number of	54820
retail intrastate customer access lines or their equivalent. The	54821
commission shall annually reconcile the funds collected with the	54822
actual costs of providing telecommunications relay service when it	54823
issues the assessment and shall either proportionately charge the	54824
service providers for any amounts not sufficient to cover the	54825
actual costs or proportionately credit amounts collected in excess	54826
of the actual costs. The total amount assessed from all service	54827
providers shall not exceed the total telecommunications relay	54828
service costs.	54829

Each service provider that pays the assessment shall be	54830
permitted to recover the cost of the assessment. The method of	54831
recovery may include, but is not limited to, a customer billing	54832
surcharge.	54833

The commission shall deposit the money collected in the	54834
telecommunications relay service fund, which is hereby created in	54835
the state treasury, and shall use the money in that fund solely to	54836
compensate the TRS provider.	54837

(D) The commission shall take such measures as it considers	54838
necessary to protect the confidentiality of information provided	54839
to the commission pursuant to this section by service providers	54840
required to pay the assessment.	54841

(E) The commission may assess a forfeiture of not more than	54842
one thousand dollars on any service provider failing to comply	54843
with this section. Each day's continuance of such failure is a	54844
separate offense. The forfeiture shall be recovered in accordance	54845
with sections 4905.55 to 4905.60 of the Revised Code.	54846

(F) The jurisdiction and authority granted to the commission	54847
by this section is limited to the administration and enforcement	54848
of this section. The commission may adopt such rules as it finds	54849
necessary to carry out this section. The commission shall adopt	54850
rules under section 111.15 of the Revised Code to establish the	54851
assessment amounts and procedures.	54852

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	54853
Revised Code:	54854

(A) "Contiguous property" includes, but is not limited to, a	54855
manufactured home park as defined in section ~~3733.01~~4781.01 of	54856
the Revised Code; a public or publicly subsidized housing project;	54857
an apartment complex; a condominium complex; a college or	54858
university; an office complex; a shopping center; a hotel; an	54859
industrial park; and a race track.	54860

(B) "Gas" means natural gas, flammable gas, or gas which is	54861
toxic or corrosive.	54862

(C) "Gathering lines" and the "gathering of gas" have the	54863
same meaning as in the Natural Gas Pipeline Safety Act and the	54864
rules adopted by the United States department of transportation	54865
pursuant to the Natural Gas Pipeline Safety Act, including 49	54866
C.F.R. part 192, as amended.	54867

(D) "Intrastate pipe-line transportation" has the same	54868
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	54869
amended, but excludes the gathering of gas exempted by the Natural	54870
Gas Pipeline Safety Act.	54871

(E) "Master-meter system" means a pipe-line system that	54872
distributes gas within a contiguous property for which the system	54873
operator purchases gas for resale to consumers, including tenants.	54874
Such pipe-line system supplies consumers who purchase the gas	54875
directly through a meter, or by paying rent, or by other means.	54876
The term includes a master-meter system as defined in 49 C.F.R.	54877
191.3, as amended. The term excludes a pipeline within a	54878
manufactured home, mobile home, or a building.	54879

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	54880
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	54881
et seq., as amended.	54882

(G) "Operator" means any of the following:

54883

(1) A gas company or natural gas company as defined in	54884
section 4905.03 of the Revised Code, except that division	54885
~~(A)(5)~~(E) of that section does not authorize the public utilities	54886
commission to relieve any producer of gas, as a gas company or	54887
natural gas company, of compliance with sections 4905.90 to	54888
4905.96 of the Revised Code or the pipe-line safety code created	54889
under section 4905.91 of the Revised Code;	54890

(2) A pipe-line company, as defined in section 4905.03 of the	54891
Revised Code, when engaged in the business of transporting gas by	54892
pipeline;	54893

(3) A public utility that is excepted from the definition of	54894
"public utility" under division ~~(B)~~(A)(2) or ~~(C)~~(3) of section	54895
4905.02 of the Revised Code, when engaged in supplying or	54896
transporting gas by pipeline within this state;	54897

(4) Any person that owns, operates, manages, controls, or	54898
leases any of the following:	54899

(a) Intrastate pipe-line transportation facilities within	54900
this state;	54901

(b) Gas gathering lines within this state which are not	54902
exempted by the Natural Gas Pipeline Safety Act;	54903

54904

"Operator" does not include an ultimate consumer who owns a	54905
service line, as defined in 49 C.F.R. 192.3, as amended, on the	54906
real property of that ultimate consumer.	54907

(H) "Operator of a master-meter system" means a person	54908
described under division ~~(F)~~(G)(4)(c) of this section. An operator	54909
of a master-meter system is not a public utility under section	54910
4905.02 or a gas or natural gas company under section 4905.03 of	54911
the Revised Code.	54912

(I) "Person" means:

54913

(1) In addition to those defined in division (C) of section	54914
1.59 of the Revised Code, a joint venture or a municipal	54915
corporation;	54916

(2) Any trustee, receiver, assignee, or personal	54917
representative of persons defined in division ~~(H)~~(I)(1) of this	54918
section.	54919

(J) "Safety audit" means the public utilities commission's	54920
audit of the premises, pipe-line facilities, and the records,	54921
maps, and other relevant documents of a master-meter system to	54922
determine the operator's compliance with sections 4905.90 to	54923
4905.96 of the Revised Code and the pipe-line safety code.	54924

(K) "Safety inspection" means any inspection, survey, or	54925
testing of a master-meter system which is authorized or required	54926
by sections 4905.90 to 4905.96 of the Revised Code and the	54927
pipe-line safety code. The term includes, but is not limited to,	54928
leak surveys, inspection of regulators and critical valves, and	54929
monitoring of cathodic protection systems, where applicable.	54930

(L) "Safety-related condition" means any safety-related	54931
condition defined in 49 C.F.R. 191.23, as amended.	54932

(M) "Total Mcfs of gas it supplied or delivered" means the	54933
sum of the following volumes of gas that an operator supplied or	54934
delivered, measured in units per one thousand cubic feet:	54935

(1) Residential sales;

54936

(2) Commercial and industrial sales;

54937

(3) Other sales to public authorities;

54938

(4) Interdepartmental sales;

54939

(5) Sales for resale;

54940

(6) Transportation of gas.

54941

Sec. 4907.01. As used in sections 4907.01 to 4907.63 of the	54942
Revised Code:	54943

(A) "Public utility" has the same meaning as in section	54944
4905.02 of the Revised Code.	54945

(B) "Telephone company," "street railway company," and	54946
"interurban railroad company" have the same meanings as in section	54947
4905.03 of the Revised Code.	54948

(C) "Railroad" has the same meaning as in section 4907.02 of	54949
the Revised Code.	54950

(D) "Public highway" has the same meaning as in ~~sections~~	54951
~~4905.03 and 4921.02~~section 4921.01 of the Revised Code.	54952

Sec. 4907.02. As used in Chapters 4901., 4903., 4905.,	54953
4907., 4909., ~~4921., 4923.,~~ and 4959. of the Revised Code,	54954
"railroad" includes any corporation, company, individual, or	54955
association of individuals, or its lessees, trustees, or receivers	54956
appointed by a court, which owns, operates, manages, or controls a	54957
railroad or part of a railroad as a common carrier in this state,	54958
or which owns, operates, manages, or controls any cars or other	54959
equipment used on such a railroad, or which owns, operates,	54960
manages, or controls any bridges, terminals, union depots,	54961
sidetracks, docks, wharves, or storage elevators used in	54962
connection with such a railroad, whether owned by such railroad or	54963
otherwise, and means and includes express companies, water	54964
transportation companies, freight-line companies, sleeping car	54965
companies, and interurban railroad companies, and all persons and	54966
associations of persons, whether incorporated or not, operating	54967
such agencies for public use in the conveyance of persons or	54968
property within this state. All duties required of, and penalties	54969
imposed upon, a railroad or an officer or agent thereof insofar as	54970
they are applicable, are required and imposed upon express	54971
companies, water transportation companies, and interurban railroad	54972
companies, and upon their officers and agents.	54973

The public utilities commission has the power of supervision	54974
and control of express companies, water transportation companies,	54975
and interurban railroad companies to the same extent as railroads.	54976

Sec. 4907.04. Chapters 4901., 4903., 4905., 4907., and	54977
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code do not apply to	54978
street and electric railways engaged solely in the transportation	54979
of passengers within the limits of cities, or to other private	54980
railroads not doing business as common carriers.	54981

Sec. 4907.08. The public utilities commission shall inquire	54982
into any neglect or violation of the laws of this state by a	54983
railroad doing business in this state, by its officers, agents, or	54984
employees, or by any person operating a railroad. The commission	54985
shall enforce Chapters 4901., 4903., 4905., 4907., 4909., ~~4921.,~~	54986
~~4923.,~~ and 4959. of the Revised Code, as well as all other laws	54987
relating to railroads, and report violations thereof to the	54988
attorney general.	54989

If, upon complaint or otherwise, the commission has reason to	54990
believe that a railroad or any officer, agent, or employee of a	54991
railroad has violated or is violating any law of this state, or if	54992
it has reason to believe that differences have arisen between	54993
citizens of the state and any railroad operating as a common	54994
carrier within this state, it shall examine into the matter.	54995

Sec. 4907.19. The public utilities commission shall cause	54996
blank forms to be prepared suitable for the purposes designated in	54997
Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and~~	54998
~~4925.~~ of the Revised Code which shall conform as nearly as	54999
practicable to the forms prescribed by the interstate commerce	55000
commission, and, when necessary, furnish such blank forms to each	55001
railroad.	55002

Sec. 4907.28. No railroad shall charge, demand, collect, or	55003
receive a greater or less compensation for the transportation of	55004
passengers or property, or for any service in connection	55005
therewith, than is specified in the printed schedules referred to	55006
in sections 4907.25 to 4907.27~~, inclusive,~~ of the Revised Code,	55007
including schedules of joint rates, as being then in force. The	55008
rates, fares, and charges named in such schedules shall be the	55009
lawful rates, fares, and charges until they are changed as	55010
provided in Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921.,~~	55011
~~4923., and 4925.~~ of the Revised Code.	55012

Sec. 4907.35. If a railroad, or an agent or officer of a	55013
railroad, by special rate, rebate, drawback, or by means of false	55014
billing, false classification, false weighing, or other device,	55015
charges, demands, collects, or receives, either directly or	55016
indirectly, from any person, firm, or corporation, a greater or	55017
less compensation for service rendered or to be rendered by such	55018
railroad for the transportation of persons or property or any	55019
service in connection therewith, than that prescribed in the	55020
published tariffs then in force, or established as provided in	55021
Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and~~	55022
~~4925.~~ of the Revised Code, or a greater or less compensation than	55023
it charges, demands, collects, or receives from any other person,	55024
firm, or corporation for a like and contemporaneous service in the	55025
transportation of a like kind of traffic, under substantially	55026
similar circumstances and conditions, the railroad is guilty of	55027
unjust discrimination, which is hereby prohibited. Upon conviction	55028
of unjust discrimination, such railroad shall forfeit and pay into	55029
the state treasury not less than one hundred nor more than five	55030
thousand dollars for each offense.	55031

No agent or officer of a railroad shall violate this section.

55032

Sec. 4907.37. No common carrier subject to Chapters 4901.,	55033
4903., 4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of the	55034
Revised Code shall make or give undue or unreasonable preference	55035
or advantage to a particular person, company, firm, corporation,	55036
or locality, or to any particular description of traffic, or	55037
subject any particular person, company, firm, corporation, or	55038
locality, or any particular description of traffic, to any undue	55039
or unreasonable prejudice or disadvantage in any respect.	55040

Sec. 4907.43. When the tracks of a railroad and the tracks	55041
of an interurban or suburban railway cross, connect, or intersect,	55042
and such tracks are of the same gauge, the companies owning such	55043
railroads may connect such tracks so as to admit the passage of	55044
cars from one to the other with facility.	55045

If any such railroads fail to make such connection, upon	55046
complaint of any party authorized by Chapters 4901., 4903., 4905.,	55047
4907., and 4909.~~, 4921., 4923., and 4925.~~ of the Revised Code to	55048
file complaint, the public utilities commission shall proceed to	55049
hear and determine the same in a manner provided for making	55050
investigations upon complaint.	55051

If upon such hearing the commission finds that it is	55052
practicable and reasonably necessary to ~~accomodate~~accommodate the	55053
public, to connect such tracks and that when so connected it will	55054
be practicable to transport cars over such railroad without	55055
endangering the equipment, tracks, or appliances of either	55056
company, the commission shall make an order requiring such	55057
railroads to make connection. Such order shall describe the terms	55058
and conditions and shall apportion the cost of making such	55059
connection between the railroads.	55060

When such connection is made, the railroads parties to it,	55061
according to their respective powers, shall afford all reasonable	55062
and proper facilities for the interchange of traffic between their	55063
respective lines for forwarding and delivering passengers and	55064
property, and without unreasonable delay or discrimination shall	55065
transfer, switch, and deliver freight or passenger cars destine to	55066
a point on its own or connecting lines. Precedence may be given to	55067
livestock and perishable freight over other freight. Whenever a	55068
derailing device is required at the intersection of any railroads	55069
mentioned in this section, it shall be installed, maintained, and	55070
operated as required by the commission, which may prescribe the	55071
necessary rules and regulations for such operation, and designate	55072
the companies that shall be responsible for the operation of such	55073
derailing device.	55074

Sec. 4907.49. When two or more railroads cross a public	55075
highway or street at a dangerous crossing, the expenses incurred	55076
in the erection and maintenance of gates, bells, or other devices,	55077
and of necessary gatekeepers or ~~flagmen~~flaggers, and apportioned	55078
by the public utilities commission as railroad expense, shall be	55079
shared equally by the railroads.	55080

Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., and~~	55081
~~4923.~~ of the Revised Code do not prevent the use of automatic	55082
bells or other mechanical devices by a railroad at a public	55083
crossing not declared dangerous by the public utilities	55084
commission, nor do they prevent state, county, township, or	55085
municipal officials from entering into an agreement with a	55086
railroad to pay all or part of the expense of erecting a warning	55087
device. Any funds levied and made available for highways or street	55088
purposes may be used to pay the public share of the cost under	55089
such an agreement. If a gate is erected or a ~~flagman~~flagger is	55090
stationed and maintained by a railroad, either alone or pursuant	55091
to such an agreement, the gate or ~~flagman~~flagger shall not be	55092
abandoned nor an automatic bell or other mechanical device	55093
substituted for the gate or ~~flagman~~flagger, unless the commission	55094
consents to the abandonment or substitution.	55095

Sec. 4907.57. All claims, charges, or demands against a	55096
railroad for loss of or damage to property occurring while in the	55097
custody of such railroad and unreasonable delay in transportation	55098
and delivery, for overcharges upon a shipment, or for any other	55099
service in violation of Chapters 4901., 4903., 4905., 4907., and	55100
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code, if not paid	55101
within sixty days from the date of the filing thereof with such	55102
railroad, may be submitted to the public utilities commission by a	55103
formal complaint. Such complaint shall be made upon blank forms	55104
which the commission shall provide upon demand of the claimant.	55105

Such complaint shall be verified as petitions in civil	55106
actions and may be accompanied by the sworn statements of any	55107
witnesses who have knowledge of any fact material to the inquiry.	55108
Upon the filing of such complaint the commission shall forthwith	55109
cite the railroad to answer the complaint, and the citation shall	55110
be accompanied with a brief statement of the claim. The answer of	55111
the railroad shall be filed within three weeks from the service of	55112
the citation and shall be verified as answers in civil cases, and	55113
may be accompanied with the affidavits of any witnesses having	55114
knowledge of facts material to the inquiry.	55115

The burden of proof shall be upon the railroad to show that	55116
loss or damage to property was not due to its negligence. The	55117
railroad to which property is delivered for shipment shall prima	55118
facie be liable for loss or damage occurring to such property in	55119
transit notwithstanding such property may be delivered to other	55120
railroads before reaching its destination. The claim referred to	55121
in this section for loss of or damage to property may be made to	55122
any carrier over whose lines the lost or damaged property was	55123
consigned, and such claimant may at ~~his~~the claimant's option join	55124
all of such railroads as parties defendant in ~~his~~the complaint	55125
before said commission. The railroad shall furnish the claimant	55126
with a copy of its answer and affidavits, and within two weeks	55127
from the filing of such answers the claimant may file ~~his~~a reply,	55128
with affidavits in support thereof, verified as replies in civil	55129
cases. At the expiration of said period of two weeks the	55130
commission shall proceed summarily to examine the complaint,	55131
answer, reply, and affidavits, and shall determine the existence	55132
and validity of the claim presented. If the commission finds in	55133
favor of the claimant it shall certify its findings to the clerk	55134
of the court of common pleas of the county in which the claimant	55135
resides or where the railroad or any of its offices is maintained.	55136

Sec. 4907.59. Upon request of the public utilities	55137
commission, the attorney general or the prosecuting attorney of	55138
the proper county shall aid in an investigation, prosecution,	55139
hearing, or trial had under Chapters 4901., 4903., 4905., 4907.,	55140
and 4909.~~, 4921., 4923., and 4925.~~ of the Revised Code, and shall	55141
institute and prosecute necessary actions or proceedings for the	55142
enforcement of such chapters and of other laws of this state	55143
relating to railroads, and for the punishment of all violations of	55144
such chapters and such other laws.	55145

Sec. 4907.60. If a railroad fails to perform a duty enjoined	55146
upon it by Chapter 4901., 4903., 4905., 4907., 4909., ~~4921.,~~	55147
~~4923.,~~ or 4959. of the Revised Code, or does any act prohibited by	55148
any of those chapters, for which failure or act no penalty or	55149
forfeiture has been provided by law, or fails to obey a lawful	55150
requirement or order made by the public utilities commission or	55151
order of any court upon application of the commission, the	55152
railroad, except as otherwise specifically provided in ~~sections~~	55153
~~4905.83,~~section 4905.95~~, 4919.99, 4921.99, and 4923.99~~ of the	55154
Revised Code, shall forfeit into the state treasury not less than	55155
one hundred nor more than ten thousand dollars for each violation	55156
or failure. In construing and enforcing this section, the act,	55157
omission, or failure of any officer, agent, or other person acting	55158
for or employed by a railroad, while acting within the scope of	55159
the officer's, agent's, or other person's employment, is the act,	55160
omission, or failure of the railroad.	55161

Sec. 4907.61. Except as otherwise specifically provided in	55162
sections ~~4905.83,~~ 4905.96~~, 4919.99, 4921.99,~~ and 4923.99 of the	55163
Revised Code, when the attorney general prosecutes an action for	55164
the recovery of a forfeiture provided for in Chapter 4901., 4903.,	55165
4905., 4907., 4909., 4921., 4923., or 4959. of the Revised Code,	55166
the attorney general may bring the action in the court of common	55167
pleas of Franklin county or of any county having jurisdiction of	55168
the defendant.	55169

Sec. 4907.62. If a railroad does, causes, or permits	55170
anything prohibited by Chapters 4901., 4903., 4905., 4907., and	55171
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code to be done, or	55172
omits doing anything required to be done by such chapters, such	55173
railroad is liable to the person, firm, or corporation injured	55174
thereby in treble the amount of damages sustained in consequence	55175
of such violation or omission. A recovery provided by this section	55176
shall not affect a recovery by the state of the penalty prescribed	55177
for such violation.	55178

Sec. 4909.01. As used in this chapter:

55179

(A) "Public utility" has the same meaning as in section	55180
4905.02 of the Revised Code.	55181

(B) "Electric light company," "gas company," "natural gas	55182
company," "pipeline company," "water-works company," "sewage	55183
disposal system company," and "street railway company" have the	55184
same meanings as in section 4905.03 of the Revised Code.	55185

(C) "Railroad" has the same meaning as in section 4907.02 of	55186
the Revised Code.	55187

(D) "~~Motor transportation company~~For-hire motor carrier" has	55188
the same meaning as in ~~sections 4905.03 and 4921.02~~section	55189
4921.01 of the Revised Code.	55190

Sec. 4909.02. All regulations, practices, and service of	55191
railroad companies prescribed by the public utilities commission	55192
shall be in force and be prima-facie reasonable, unless suspended	55193
or found otherwise in an action brought for that purpose pursuant	55194
to Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., and~~	55195
~~4923.~~ of the Revised Code, or until changed or modified by the	55196
commission.	55197

Sec. 4909.03. All rates, fares, charges, classifications,	55198
and joint rates of railroad companies fixed by the public	55199
utilities commission shall be in force and be prima-facie lawful	55200
for two years from the day they take effect, or until changed or	55201
modified by the commission or by an order of a competent court in	55202
an action under Chapters 4901., 4903., 4905., 4907., and 4909.,	55203
~~4921., and 4923.~~ of the Revised Code.	55204

Sec. 4909.17. No rate, joint rate, toll, classification,	55205
charge, or rental, no change in any rate, joint rate, toll,	55206
classification, charge, or rental, and no regulation or practice	55207
affecting any rate, joint rate, toll, classification, charge, or	55208
rental of a public utility shall become effective until the public	55209
utilities commission, by order, determines it to be just and	55210
reasonable, except as provided in this section and sections	55211
4909.18, 4909.19, and 4909.191 of the Revised Code. Such sections	55212
do not apply to any rate, joint rate, toll, classification,	55213
charge, or rental, or any regulation or practice affecting the	55214
same, of railroads, street and electric railways, for-hire motor	55215
~~transportation companies~~carriers, and pipe line companies.	55216

Sec. 4909.22. When passengers or property are transported	55217
over two or more connecting railroads between points in this	55218
state, and the railroad companies have made joint rates for the	55219
transportation of such passengers or property, such rates and all	55220
charges in connection therewith shall be just and reasonable.	55221
Every unjust and unreasonable charge is prohibited. A less charge	55222
by each of such railroads for its proportion of such joint rates	55223
than is made locally between the same points on their respective	55224
lines is not for that reason a violation of Chapters 4901., 4903.,	55225
4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of the Revised	55226
Code and does not render such railroads liable to any of the	55227
penalties in such chapters.	55228

Sec. 4909.24. Upon complaint of a person, firm, corporation,	55229
or association, of a mercantile, agricultural, or manufacturing	55230
society, or of a body politic or municipal organization, that any	55231
of the rates, fares, charges, or classifications, or any joint	55232
rates are in any respect unreasonable or unjustly discriminatory,	55233
or that any regulation or practice, affecting the transportation	55234
of persons or property, or any service in connection therewith,	55235
are in any respect unreasonable or unjustly discriminatory, or	55236
that any service is inadequate, the public utilities commission	55237
may notify the railroad complained of that complaint has been	55238
made, and ten days after such notice proceed to investigate such	55239
charges as provided in Chapters 4901., 4903., 4905., 4907., and	55240
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code. Before making	55241
such investigation, the commission shall give the railroad and the	55242
complainants ten days' notice of the time and place such matters	55243
will be considered and determined, and such parties are entitled	55244
to be heard and to have process to enforce the attendance of	55245
witnesses.	55246

A railroad may make complaint with like effect as though made	55247
by any person, firm, corporation, or association, ~~merctantile~~	55248
mercantile, agricultural, or manufacturing society, body politic,	55249
or municipal organization.	55250

Sec. 4909.28. If, upon an investigation under Chapters	55251
4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of	55252
the Revised Code, the public utilities commission finds that any	55253
existing rate, fare, charge, or classification, any joint rate, or	55254
any regulation or practice affecting the transportation of persons	55255
or property, or service in connection therewith, is unreasonable	55256
or unjustly discriminatory, or that any service is inadequate, it	55257
shall determine and by order fix a reasonable rate, fare, charge,	55258
classification, joint rate, regulation, practice, or service to be	55259
imposed, observed, and followed in the future, in place of that so	55260
found to be unreasonable, unjustly discriminatory, or inadequate.	55261
A certified copy of each such order shall be delivered to an	55262
officer or station agent of the railroad affected, and such order	55263
shall of its own force take effect and become operative thirty	55264
days after service.	55265

All railroads to which such order applies shall make such	55266
changes in their schedules on file as are necessary to conform to	55267
such order, and no change shall thereafter be made by any railroad	55268
in any such rate, fare, or charge, or in any joint rate, without	55269
the approval of the commission.	55270

Sec. 4911.01. As used in this chapter:

55271

(A) "Public utility" means every one as defined in divisions	55272
(A)~~(1), (3), (4), (5), (6), (7), (8)~~, (C), (D), (E), (F), (G),	55273
(H), and ~~(13)~~(M) of section 4905.03 of the Revised Code, including	55274
all public utilities that operate their utilities not for profit,	55275
except the following:	55276

(1) Electric light companies that operate their utilities not	55277
for profit;	55278

(2) Public utilities, other than telephone companies, that	55279
are owned and operated exclusively by and solely for the	55280
utilities' customers;	55281

(3) Public utilities that are owned or operated by any	55282
municipal corporation;	55283

(4) Railroads as defined in sections 4907.02 and 4907.03 of	55284
the Revised Code.	55285

(B) "Residential consumer" means urban, suburban, and rural	55286
patrons of public utilities insofar as their needs for utility	55287
services are limited to their residence.	55288

Sec. 4921.01. As used in this chapter:

55289

(A) "Ambulance" has the same meaning as in section 4766.01 of	55290
the Revised Code.	55291

(B) "For-hire motor carrier" means a person engaged in the	55292
business of transporting persons or property by motor vehicle for	55293
compensation, except when engaged in any of the following in	55294
intrastate commerce:	55295

(1) The transportation of persons in taxicabs in the usual	55296
taxicab service;	55297

(2) The transportation of pupils in school busses operating	55298
to or from school sessions or school events;	55299

(3) The transportation of farm supplies to the farm or farm	55300
products from farm to market or to food fabricating plants;	55301

(4) The distribution of newspapers;

55302

(5) The transportation of crude petroleum incidental to	55303
gathering from wells and delivery to destination by pipe line;	55304

(6) The transportation of injured, ill, or deceased persons	55305
by hearse or ambulance;	55306

(7) The transportation of compost (a combination of manure	55307
and sand or shredded bark mulch) or shredded bark mulch;	55308

(8) The transportation of persons in a ridesharing	55309
arrangement when any fee charged each person so transported is in	55310
such amount as to recover only the person's share of the costs of	55311
operating the motor vehicle for such purpose.	55312

"For-hire motor carrier" includes the carrier's agents,	55313
officers, and representatives, as well as employees responsible	55314
for hiring, supervising, training, assigning, or dispatching	55315
drivers and employees concerned with the installation, inspection,	55316
and maintenance of motor-vehicle equipment and accessories.	55317

Divisions (B)(1) to (8) of this section shall not be	55318
construed to relieve a person from compliance with	55319
hazardous-material regulation under section 4921.15 of the Revised	55320
Code and division (H) of section 4921.19 of the Revised Code, or	55321
rules adopted thereunder, or from compliance with rules governing	55322
unified carrier registration adopted under section 4921.11 of the	55323
Revised Code.	55324

(C) "Household goods" means personal effects and property	55325
used or to be used in a dwelling, excluding property moving from a	55326
factory or store.	55327

(D) "Interstate commerce" means trade, traffic, or	55328
transportation in the United States that is any of the following:	55329

(1) Between a place in a state and a place outside of that	55330
state (including a place outside of the United States);	55331

(2) Between two places in a state through another state or a	55332
place outside of the United States;	55333

(3) Between two places in a state as part of trade, traffic,	55334
or transportation originating or terminating outside the state or	55335
the United States.	55336

(E) "Intrastate commerce" means any trade, traffic, or	55337
transportation in any state which is not described in the term	55338
"interstate commerce."	55339

(F) "Motor vehicle" means any vehicle, machine, tractor,	55340
trailer, or semitrailer propelled or drawn by mechanical power and	55341
used upon the highways in the transportation of persons or	55342
property, or any combination thereof, but does not include any	55343
vehicle, locomotive, or car operated exclusively on a rail or	55344
rails, or a trolley bus operated by electric power derived from a	55345
fixed overhead wire, furnishing local passenger transportation	55346
similar to street-railway service.	55347

(G) "Public highway" means any public street, road, or	55348
highway in this state, whether within or without the corporate	55349
limits of a municipal corporation.	55350

(H) "Ridesharing arrangement" means the transportation of	55351
persons in a motor vehicle where such transportation is incidental	55352
to another purpose of a volunteer driver, and includes ridesharing	55353
arrangements known as carpools, vanpools, and buspools.	55354

(I) "School bus" has the same meaning as in section 4511.01	55355
of the Revised Code.	55356

(J) "Trailer" means any vehicle without motive power designed	55357
or used for carrying persons or property and for being drawn by a	55358
separate motor vehicle, including any vehicle of the trailer type,	55359
whether designed or used for carrying persons or property wholly	55360
on its own structure, or so designed or used that a part of its	55361
own weight or the weight of its load rests upon and is carried by	55362
such motor vehicle.	55363

Sec. 4921.03. (A) No for-hire motor carrier may operate in	55364
intrastate commerce unless the carrier has a current and valid	55365
certificate of public convenience and necessity.	55366

(B) The public utilities commission shall issue a certificate	55367
of public convenience and necessity to any person who does all of	55368
the following:	55369

(1) Files with the commission, in accordance with rules	55370
adopted under section 4921.05 of the Revised Code, a complete and	55371
accurate application that shall include a certification that (a)	55372
the person understands and is in compliance with the applicable	55373
service, operation, and safety laws of this state and (b) the	55374
person meets the requirements of section 4921.09 of the Revised	55375
Code;	55376

(2) Agrees to maintain accurate and current business and	55377
insurance information with the commission, in accordance with the	55378
commission's rules;	55379

(3) Has paid all applicable registration fees in accordance	55380
with rules adopted under section 4921.11 of the Revised Code, all	55381
applicable taxes under section 4921.19 of the Revised Code, and	55382
any forfeitures imposed under section 4923.99 of the Revised Code.	55383

(C) The commission shall have no power to fix, alter, or	55384
establish rates for the transportation of persons or property, nor	55385
shall the commission have the power to require or accept the	55386
filing of tariffs establishing such rates.	55387

(D) A for-hire motor carrier may, at any time after a	55388
certificate of public convenience and necessity is granted or	55389
refused, file a new application or supplement a former	55390
application.	55391

(E) The commission may deny issuance of a certificate of	55392
public convenience and necessity for failure to comply with this	55393
section or rules adopted under section 4921.05 of the Revised	55394
Code.	55395

Sec. 4921.05. The public utilities commission shall adopt	55396
rules prescribing the manner and form in which a person shall	55397
apply for a certificate of public convenience and necessity under	55398
section 4921.03 of the Revised Code. The rules shall include a	55399
requirement that applications be made in writing on the blanks	55400
furnished by the commission and contain any information and	55401
certifications deemed necessary by the commission to carry out	55402
this chapter.	55403

Sec. 4921.07. (A) The public utilities commission shall adopt	55404
rules regarding procedures and timelines by which a certificate of	55405
public convenience and necessity issued under section 4921.03 of	55406
the Revised Code may be suspended. At a minimum, the rules shall	55407
require suspension of a certificate if the for-hire motor carrier	55408
does any of the following:	55409

(1) Fails to file a complete and accurate application for the	55410
certificate under section 4921.03 of the Revised Code;	55411

(2) Fails to maintain accurate and current business and	55412
insurance information with the commission;	55413

(3) Fails to maintain proper proof of insurance or proper	55414
levels of insurance under section 4921.09 of the Revised Code;	55415

(4) Fails to pay all applicable registration fees in	55416
accordance with rules adopted under section 4921.11 of the Revised	55417
Code, all applicable taxes under section 4921.19 of the Revised	55418
Code, and any forfeitures imposed under section 4923.99 of the	55419
Revised Code;	55420

(5) Requests to suspend the carrier's operations.

55421

(B)(1) The commission shall adopt rules regarding procedures	55422
and timelines by which a certificate suspended under division (A)	55423
of this section may be revoked if the conditions giving rise to	55424
the suspension are not remedied.	55425

(2) The commission shall provide the carrier with written	55426
notice indicating the nature of the deficiency, a proposed	55427
effective date of the revocation, and the means by which the	55428
deficiency may be remedied. The carrier may correct the identified	55429
deficiency or submit evidence refuting the proposed revocation	55430
within sixty days from the date of the notice. The commission may	55431
extend the sixty-day period for good cause shown. The commission	55432
may revoke the certificate after the remedy period if the carrier	55433
has not provided sufficient evidence to remedy the deficiency.	55434

Sec. 4921.09. (A) No certificate of public convenience and	55435
necessity shall be issued by the public utilities commission to	55436
any for-hire motor carrier until the carrier has filed with the	55437
commission a liability insurance certificate, policy, or bond	55438
satisfactory to the commission, in the sum and with the provisions	55439
the commission considers necessary adequately to protect the	55440
interests of the public, having due regard for the number of	55441
persons and amount of property affected. The certificate, policy,	55442
or bond shall insure the carrier against loss sustained by reason	55443
of death or injuries to persons and for loss or damage to property	55444
resulting from the negligence of the carrier.	55445

(B) No certificate for the transportation of household goods	55446
shall be issued to a for-hire motor carrier pursuant to sections	55447
4921.30 to 4921.38 of the Revised Code until it has filed with the	55448
commission a freight cargo insurance certificate, policy, or bond	55449
that the commission has determined to be adequate to protect the	55450
interests of the shipping public.	55451

(C) The Commission shall adopt rules to achieve the purposes	55452
of this section that are not incompatible with the requirements of	55453
the United States department of transportation. The rules shall at	55454
a minimum address all of the following:	55455

(1) The minimum levels of financial responsibility for each	55456
type of for-hire motor carrier;	55457

(2) The form and type of documents to be filed with the	55458
commission;	55459

(3) The manner by which documents may be filed with the	55460
commission;	55461

(4) The timelines for filing documents with the commission.

55462

(D) If a certificate, policy, or bond required under division	55463
(A) of this section is canceled during its term or lapses for any	55464
reason, both of the following apply:	55465

(1) All operations under the certificate of public	55466
convenience and necessity shall cease immediately, and further	55467
operations shall not be conducted until a replacement is filed	55468
with the commission under division (D)(2) of this section.	55469

(2) The commission shall require the company to replace the	55470
certificate, policy, or bond with another that fully complies with	55471
the requirements of this section.	55472

The certificate of public convenience and necessity shall be	55473
reinstated only after a satisfactory insurance certificate,	55474
policy, or bond has been filed with the commission.	55475

(E) To ensure minimum standards of protection of consumers'	55476
household goods, the commission may adopt rules, not incompatible	55477
with the requirements of the United States department of	55478
transportation, governing requirements for cargo insurance for	55479
for-hire motor carriers engaged in the transportation of household	55480
goods over a public highway in this state.	55481

Sec. 4921.11. The public utilities commission shall adopt	55482
rules applicable to registration pursuant to the unified carrier	55483
registration plan, codified as 49 U.S.C. 14504a, and the rules,	55484
procedures, and fee schedules adopted thereunder, in accordance	55485
with division (G) of section 4921.19 of the Revised Code.	55486

Sec. 4921.13. (A) The public utilities commission shall adopt	55487
rules applicable to the filing of annual update forms and the	55488
payment of taxes by for-hire motor carriers. The rules shall not	55489
be incompatible with the requirements of the United States	55490
department of transportation. The rules shall at a minimum address	55491
all of the following:	55492

(1) The information and certifications that must be provided	55493
to the commission on an annual update form, including a	55494
certification that the carrier continues to be in compliance with	55495
the applicable laws of this state.	55496

(2) Documentation and information that must be provided	55497
regarding proof of financial responsibility;	55498

(3) The form and manner in which taxes may be paid under	55499
section 4921.19 of the Revised Code.	55500

(B) The rules may address any other information that the	55501
commission determines is necessary to carry out this section.	55502

(C) A for-hire motor carrier shall not be issued a tax	55503
receipt under division (C) of section 4921.19 of the Revised Code	55504
until all of the following have been satisfied:	55505

(1) A complete and accurate annual update form has been filed	55506
with the commission;	55507

(2) Proof of financial responsibility remains in effect;

55508

(3) All applicable registration fees in accordance with rules	55509
adopted under section 4921.11 of the Revised Code, all applicable	55510
taxes under section 4921.19 of the Revised Code, and any	55511
forfeitures imposed under section 4923.99 of the Revised Code have	55512
been paid in full.	55513

Sec. 4921.15. (A) As used in sections 4921.15, 4921.16, and	55514
4921.19 of the Revised Code:	55515

(1) "Uniform registration" has the same meaning as	55516
"registration" as used in the final report submitted to the United	55517
States secretary of transportation, pursuant to subsection (c) of	55518
section 22 of the "Hazardous Materials Transportation Uniform	55519
Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819.	55520

(2) "Uniform permit" has the same meaning as "permit" as used	55521
in the final report submitted to the United States secretary of	55522
transportation, pursuant to subsection (c) of section 22 of the	55523
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	55524
104 Stat. 3244, 49 U.S.C.A. App. 1819.	55525

(B)(1) The public utilities commission may adopt rules	55526
applicable to the uniform registration and uniform permitting of	55527
persons engaged in the highway transportation of hazardous	55528
materials into, through, or within this state. The rules shall	55529
include rules staggering the registration date for those persons	55530
and reducing or extending, by no more than one year, the permit	55531
renewal period for those persons.	55532

(2) For the purpose of minimizing filing requirements	55533
regarding any background investigation required for the issuance	55534
of a uniform permit as a carrier of hazardous wastes, the	55535
commission shall accept from any applicant for the permit any	55536
refiling of information the applicant has filed with the office of	55537
the attorney general under section 3734.42 of the Revised Code or	55538
any reference to that information if the refiled or referenced	55539
information is on file with the office of the attorney general, is	55540
accurate and timely for the commission's purposes under this	55541
section, and is supplemented by any additional information the	55542
commission requires. The office of the attorney general, as	55543
necessary for a background investigation, shall make accessible to	55544
the commission any information referenced or refiled in an	55545
application for a uniform permit as a carrier of hazardous wastes	55546
that the attorney general determines may be disclosed in	55547
accordance with section 3734.42 of the Revised Code. Nothing in	55548
sections 4921.15, 4921.16, and division (H) of section 4921.19 of	55549
the Revised Code affects any limitations under section 3734.42 of	55550
the Revised Code on the disclosure of that information.	55551

(C) The commission, as necessary to implement the rules	55552
adopted under division (B) of this section, may enter into	55553
agreements, contracts, arrangements, or declarations with other	55554
states and with the national repository, established pursuant to	55555
the final report submitted to the United States secretary of	55556
transportation, pursuant to subsection (c) of section 22 of the	55557
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	55558
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, contracts,	55559
arrangements, or declarations shall include, but not be limited	55560
to, the determination of a base state, the collection of uniform	55561
registration fees, the frequency of distribution of uniform	55562
registration fees, procedures for dispute resolution, and	55563
protection of trade secrets and confidential business information.	55564

(D) No person shall knowingly falsify or fail to submit any	55565
data, reports, records, or other information required to be	55566
submitted to the commission pursuant to this section or a rule	55567
adopted under it. For purposes of this division, a person acts	55568
knowingly if either of the following applies:	55569

(1) The person has actual knowledge of the facts giving rise	55570
to the violation.	55571

(2) A reasonable person acting in the circumstances and	55572
exercising due care would have such knowledge.	55573

(E) After notice and opportunity for a hearing, the	55574
commission, pursuant to criteria set forth in rules adopted under	55575
division (B) of this section, may suspend, revoke, or deny the	55576
uniform permit as a carrier of hazardous materials of any person	55577
that has obtained or applied for such a uniform permit from the	55578
commission pursuant to rules adopted under that division, or the	55579
commission may order the suspension of the transportation of	55580
hazardous materials into, through, or within this state by a	55581
carrier that has obtained a uniform permit from another state that	55582
has a reciprocity agreement with the commission pursuant to	55583
division (C) of this section.	55584

(F)(1) The proceedings specified in division (E) of this	55585
section are subject to and governed by Chapter 4903. of the	55586
Revised Code, except as otherwise provided in this section. The	55587
court of appeals of Franklin county has exclusive original	55588
jurisdiction to review, modify, or vacate any order of the	55589
commission suspending, revoking, or denying a uniform permit as a	55590
carrier of hazardous materials of any person that has obtained or	55591
applied for a uniform permit from the commission pursuant to rules	55592
adopted under division (B) of this section, or any order of the	55593
commission suspending the transportation of hazardous materials	55594
into, through, or within this state by a carrier that has obtained	55595
a uniform permit from another state that has a reciprocity	55596
agreement with the commission under division (C) of this section.	55597
The court of appeals shall hear and determine those appeals in the	55598
same manner and under the same standards as the Ohio supreme court	55599
hears and determines appeals under Chapter 4903. of the Revised	55600
Code. The judgment of the court of appeals is final and conclusive	55601
unless reversed, vacated, or modified on appeal. Such appeals may	55602
be taken either by the commission or the person to whom the order	55603
was issued and shall proceed as in the case of appeals in civil	55604
actions as provided in Chapter 2505. of the Revised Code.	55605

(2) Section 4903.11 of the Revised Code does not apply to	55606
appeals of any order of the commission suspending, revoking, or	55607
denying a uniform permit of a person that has obtained or applied	55608
for a uniform permit from the commission pursuant to rules adopted	55609
under division (B) of this section, or of any order of the	55610
commission suspending the transportation of hazardous materials	55611
into, through, or within this state by a carrier that has obtained	55612
a uniform permit from another state that has a reciprocity	55613
agreement with the commission pursuant to division (C) of this	55614
section. Any person to whom such an order is issued who wishes to	55615
contest the order shall file, within sixty days after the entry of	55616
the order upon the journal of the commission, a notice of appeal,	55617
setting forth the order appealed from and the errors complained	55618
of. The notice of appeal shall be served, unless waived, upon the	55619
chairperson of the commission or, in the event of the	55620
chairperson's absence, upon any public utilities commissioner, or	55621
by leaving a copy at the office of the commission at Columbus. On	55622
appeal, the court shall reverse, vacate, or modify the order if,	55623
upon consideration of the record, the court is of the opinion that	55624
the order was unlawful or unreasonable.	55625

Sec. 4921.16. (A) Information submitted to the public	55626
utilities commission as part of a uniform registration	55627
application, pursuant to rules adopted under division (B) of	55628
section 4921.15 of the Revised Code, is a public record and is	55629
subject to section 149.43 of the Revised Code.	55630

(B) Except for information related to corporate structure and	55631
personnel, information that is submitted to the commission as part	55632
of a uniform permit application, pursuant to rules adopted under	55633
division (B) of section 4921.15 of the Revised Code, is a public	55634
record and is subject to section 149.43 of the Revised Code.	55635
Information that is related to corporate structure and personnel	55636
that is submitted to the commission as part of a uniform permit	55637
application, pursuant to rules adopted under division (B) of	55638
section 4921.15 of the Revised Code, is not a public record and is	55639
not subject to section 149.43 of the Revised Code. Except as	55640
provided in division (D) of this section, the commission shall not	55641
disclose to any person any information that is related to	55642
corporate structure and personnel that is submitted as part of a	55643
uniform permit application.	55644

(C) Information that is submitted for any background	55645
investigation for an application for a uniform permit as a carrier	55646
of hazardous wastes is not a public record and is not subject to	55647
section 149.43 of the Revised Code. Except as provided in division	55648
(D) of this section, the commission shall not disclose to any	55649
person any information submitted for any background investigation	55650
for such an application.	55651

(D) The commission may disclose to its authorized employees	55652
and to any federal agencies, state agencies of this state or	55653
another state, local government agencies of this state or another	55654
state, or the national repository established pursuant to the	55655
final report submitted to the United States secretary of	55656
transportation, pursuant to subsection (c) of section 22 of the	55657
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	55658
104 Stat. 3244, 49 U.S.C.A. App. 1819, any information submitted	55659
to the commission as part of a uniform permit application that is	55660
related to corporate structure and personnel or submitted for any	55661
background investigation for an application for a uniform permit	55662
as a carrier of hazardous wastes if all of the following	55663
conditions are met:	55664

(1) The commission enters into a confidentiality agreement	55665
with the employee, agency, or national repository under which that	55666
employee or entity agrees not to disclose to any third party any	55667
information related to corporate structure or personnel or any	55668
information submitted as part of a background investigation unless	55669
the third party enters into a confidentiality agreement with the	55670
commission consistent with this division.	55671

(2) The employee, agency, or national repository certifies to	55672
the commission that it is not required by any state or federal law	55673
to disclose any information related to corporate structure or	55674
personnel or any information submitted as part of a background	55675
investigation.	55676

(3) The federal agency, state or local government agency of	55677
another state, or national repository irrevocably consents in	55678
writing to the jurisdiction of the courts of this state and	55679
service of process in this state, including, without limitation,	55680
summonses and subpoenas, for any civil proceeding arising out of	55681
an intentional disclosure of information in violation of this	55682
division.	55683

(E) Any person who intentionally discloses information in	55684
violation of division (D) of this section is liable to the owner	55685
of the information for civil damages caused by the disclosure.	55686

Sec. 4921.19. (A) Every for-hire motor carrier operating in	55687
this state shall, at the time of the issuance of a certificate of	55688
public convenience and necessity under section 4921.03 of the	55689
Revised Code, pay to the public utilities commission, for and on	55690
behalf of the treasurer of state, the following taxes:	55691

(1) For each motor vehicle used for transporting persons,	55692
thirty dollars;	55693

(2) For each commercial tractor, as defined in section	55694
4501.01 of the Revised Code, used for transporting property,	55695
thirty dollars;	55696

(3) For each other motor vehicle transporting property,	55697
twenty dollars.	55698

(B) Every for-hire motor carrier operating in this state	55699
solely in intrastate commerce shall, annually between the first	55700
day of May and the thirtieth day of June, pay to the commission,	55701
for and on behalf of the treasurer of state, the following taxes:	55702

(1) For each motor vehicle used for transporting persons,	55703
thirty dollars;	55704

(2) For each commercial tractor, as defined in section	55705
4501.01 of the Revised Code, used for transporting property,	55706
thirty dollars;	55707

(3) For each other motor vehicle transporting property,	55708
twenty dollars.	55709

(C) After a for-hire motor carrier has paid the applicable	55710
taxes under division (B) of this section and all requirements	55711
under division (C) of section 4921.13 of the Revised Code have	55712
been met, the commission shall issue the carrier a tax receipt.	55713
The carrier shall carry a copy of the tax receipt in each motor	55714
vehicle operated by the carrier. The carrier shall maintain the	55715
original copy of the tax receipt at the carrier's primary place of	55716
business.	55717

(D) A trailer used by a for-hire motor carrier shall not be	55718
taxed under this section.	55719

(E) The annual tax levied by division (B) of this section	55720
does not apply in those cases where the commission finds that the	55721
movement of agricultural commodities or foodstuffs produced	55722
therefrom requires a temporary and seasonal use of vehicular	55723
equipment for a period of not more than ninety days. In such	55724
event, the tax on the vehicular equipment shall be twenty-five per	55725
cent of the annual tax levied by division (B) of this section. If	55726
any vehicular equipment is used in excess of the ninety-day	55727
period, the annual tax levied by this section shall be paid.	55728

(F) All taxes levied by division (B) of this section shall be	55729
reckoned as from the beginning of the quarter in which the tax	55730
receipt is issued or as from when the use of equipment under any	55731
existing tax receipt began.	55732

(G) The fees for unified carrier registration pursuant to	55733
section 4921.11 of the Revised Code shall be identical to those	55734
established by the unified carrier registration act board as	55735
approved by the federal motor carrier safety administration for	55736
each year.	55737

(H)(1) The fees for uniform registration and a uniform permit	55738
as a carrier of hazardous materials pursuant to section 4921.15 of	55739
the Revised Code shall consist of the following:	55740

(a) A processing fee of fifty dollars;

55741

(b) An apportioned per-truck registration fee, which shall be	55742
calculated by multiplying the percentage of a registrant's	55743
activity in this state times the percentage of the registrant's	55744
business that is hazardous-materials-related, times the number of	55745
vehicles owned or operated by the registrant, times a per-truck	55746
fee determined by order of the commission following public notice	55747
and an opportunity for comment.	55748

(i) The percentage of a registrant's activity in this state	55749
shall be calculated by dividing the number of miles that the	55750
registrant travels in this state under the international	55751
registration plan, pursuant to section 4503.61 of the Revised	55752
Code, by the number of miles that the registrant travels	55753
nationwide under the international registration plan. Registrants	55754
that operate solely within this state shall use one hundred per	55755
cent as their percentage of activity. Registrants that do not	55756
register their vehicles through the international registration	55757
plan shall calculate activity in the state in the same manner as	55758
that required by the international registration plan.	55759

(ii) The percentage of a registrant's business that is	55760
hazardous-materials-related shall be calculated, for	55761
less-than-truckload shipments, by dividing the weight of all the	55762
registrant's hazardous materials shipments by the total weight of	55763
all shipments in the previous year. The percentage of a	55764
registrant's business that is hazardous-materials-related shall be	55765
calculated, for truckload shipments, by dividing the number of	55766
shipments for which placarding, marking of the vehicle, or	55767
manifesting, as appropriate, was required by regulations adopted	55768
under sections 4 to 6 of the "Hazardous Materials Transportation	55769
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C. App. 1804,	55770
by the total number of the registrant's shipments that transported	55771
any kind of goods in the previous year. A registrant that	55772
transports both less-than-truckload and truckload shipments of	55773
hazardous materials shall calculate the percentage of business	55774
that is hazardous-materials-related on a proportional basis.	55775

(iii) A registrant may utilize fiscal year, or calendar year,	55776
or other current company accounting data, or other publicly	55777
available information, in calculating the percentages required by	55778
divisions (H)(1)(b)(i) and (ii) of this section.	55779

(2) The commission, after notice and opportunity for a	55780
hearing, may assess each carrier a fee for any background	55781
investigation required for the issuance, for the purpose of	55782
section 3734.15 of the Revised Code, of a uniform permit as a	55783
carrier of hazardous wastes and fees related to investigations and	55784
proceedings for the denial, suspension, or revocation of a uniform	55785
permit as a carrier of hazardous materials. The fees shall not	55786
exceed the reasonable costs of the investigations and proceedings.	55787
The fee for a background investigation for a uniform permit as a	55788
carrier of hazardous wastes shall be six hundred dollars plus the	55789
costs of obtaining any necessary information not included in the	55790
permit application, to be calculated at the rate of thirty dollars	55791
per hour, not exceeding six hundred dollars, plus any fees payable	55792
to obtain necessary information.	55793

(I) The application fee for a certificate for the	55794
transportation of household goods issued pursuant to sections	55795
4921.30 to 4921.38 of the Revised Code shall be based on the	55796
certificate holder's gross revenue, in the prior year, for the	55797
intrastate transportation of household goods. The commission shall	55798
establish, by order, ranges of gross revenue and the fee for each	55799
range. The fees shall be set in amounts sufficient to carry out	55800
the purposes of sections 4921.30 to 4921.38 and 4923.99 of the	55801
Revised Code and, to the extent necessary, the commission shall	55802
make changes to the fee structure to ensure that neither over nor	55803
under collection of the fees occurs. The fees shall also take into	55804
consideration the revenue generated from the assessment of	55805
forfeitures under section 4923.99 of the Revised Code regarding	55806
the consumer protection provisions applicable to for-hire motor	55807
carriers engaged in the transportation of household goods.	55808

(J) The fees and taxes provided under this section shall be	55809
in addition to taxes, fees, and charges fixed and exacted by other	55810
sections of the Revised Code, except the assessments required by	55811
section 4905.10 of the Revised Code, but all fees, license fees,	55812
annual payments, license taxes, or taxes or other money exactions,	55813
except the general property tax, assessed, charged, fixed, or	55814
exacted by local authorities such as municipal corporations,	55815
townships, counties, or other local boards, or the officers of	55816
such subdivisions are illegal and, are superseded by sections	55817
4503.04 and 4905.03 and Chapter 4921. of the Revised Code. On	55818
compliance with sections 4503.04 and 4905.03 and Chapter 4921. of	55819
the Revised Code, all local ordinances, resolutions, by laws, and	55820
rules in force shall cease to be operative as to the persons in	55821
compliance, except that such local subdivisions may make	55822
reasonable local police regulations within their respective	55823
boundaries not inconsistent with sections 4503.04 and 4905.03 and	55824
Chapter 4921. of the Revised Code.	55825

Sec. 4921.21. (A) As used in this section, "adjusted credit	55826
amount" means the aggregate amount credited to the public	55827
utilities transportation safety fund, less the sum of all of the	55828
following:	55829

(1) The fees collected by the public utilities commission, in	55830
accordance with the unified carrier registration plan under	55831
section 4921.11 of the Revised Code, that exceed the federal	55832
certification of revenue for each year of the plan;	55833

(2) The fees collected by the commission on behalf of other	55834
states under division (C) of section 4921.15 of the Revised Code;	55835

(3) The forfeitures collected by the commission under section	55836
4923.99 of the Revised Code for violations of rules adopted under	55837
division (A)(2) of section 4923.04 of the Revised Code.	55838

(B)(1) There is hereby created in the state treasury the	55839
public utilities transportation safety fund. The fees collected in	55840
accordance with the unified carrier registration plan under	55841
section 4921.11 of the Revised Code, the fees collected under	55842
section 4921.15 of the Revised Code, the taxes and fees remitted	55843
under section 4921.19 of the Revised Code, the forfeitures imposed	55844
under section 4923.99 of the Revised Code, except as provided in	55845
division (B)(2) of this section, and the fines collected under	55846
section 4163.07 of the Revised Code shall be deposited into the	55847
state treasury to the credit of the public utilities	55848
transportation safety fund, until the adjusted credit amount in a	55849
fiscal year is equal to the total amount appropriated from the	55850
fund for the fiscal year. Once this point of parity is reached,	55851
any additional fees, taxes, forfeitures, or fines received during	55852
the fiscal year shall be credited to the general revenue fund,	55853
except as provided in division (B)(2) of this section, and except	55854
for both of the following:	55855

(a) The fees collected in accordance with the unified carrier	55856
registration plan under section 4921.11 of the Revised Code, that	55857
exceed the federal certification of revenue for each year of the	55858
plan;	55859

(b) The fees collected on behalf of other states under	55860
division (C) of section 4921.15 of the Revised Code.	55861

(2) The first eight hundred thousand dollars of forfeitures	55862
collected under section 4923.99 of the Revised Code, for	55863
violations of rules adopted under division (A)(2) of section	55864
4923.04 of the Revised Code, during each fiscal year shall be	55865
credited to the public utilities transportation safety fund. Any	55866
forfeitures in excess of that amount shall be deposited into the	55867
general revenue fund. In each fiscal year, the commission shall	55868
distribute moneys from these forfeitures credited to the public	55869
utilities transportation safety fund for the purposes of emergency	55870
response planning and the training of safety, enforcement, and	55871
emergency services personnel in proper techniques for the	55872
management of hazardous materials releases that occur during	55873
transportation or otherwise. For these purposes, fifty per cent of	55874
all such moneys credited to the public utilities transportation	55875
safety fund shall be distributed to Cleveland state university,	55876
forty-five per cent shall be distributed to other educational	55877
institutions, state agencies, regional planning commissions, and	55878
political subdivisions, and five per cent shall be retained by the	55879
commission for the administration of this section and for training	55880
employees. However, if, in any such period, moneys from these	55881
forfeitures credited to the public utilities transportation safety	55882
fund equal an amount less than four hundred thousand dollars, the	55883
commission shall distribute, to the extent of the aggregate amount	55884
of those moneys, two hundred thousand dollars to Cleveland state	55885
university and the remainder to other educational institutions,	55886
state agencies, regional planning commissions, and political	55887
subdivisions.	55888

(C) The purpose of the public utilities transportation safety	55889
fund shall be for defraying all expenses incident to maintaining	55890
the nonrailroad transportation activities of the commission.	55891

(D) There is hereby created in the state treasury the federal	55892
commercial vehicle transportation systems fund. The fund shall	55893
consist of money received from the United States department of	55894
transportation's commercial vehicle intelligent transportation	55895
systems infrastructure deployment program. The public utilities	55896
commission shall use the fund to deploy the Ohio commercial	55897
vehicle information systems networks project and to improve safety	55898
of motor carrier operations through electronic exchange of data.	55899

(E) There is hereby created in the state treasury the motor	55900
carrier safety fund. The fund shall consist of money received from	55901
the United States department of transportation for motor carrier	55902
safety. The commission shall use the fund to administer the	55903
state's motor carrier safety assistance program and associated	55904
grants, including the motor carrier safety assistance program	55905
basic grant, the incentive grant, the high priority grants, the	55906
new entrant safety assurance grant, the safety data improvement	55907
grant, or their equivalents.	55908

(F) If the director of budget and management determines there	55909
is not sufficient money in the public utilities transportation	55910
safety fund, the director shall transfer money from the general	55911
revenue fund to the public utilities transportation safety fund in	55912
an amount up to the difference between the balance of the public	55913
utilities transportation safety fund and the appropriations from	55914
that fund. If the director subsequently determines during the	55915
fiscal year that the balance of the public utilities	55916
transportation safety fund exceeds the amount needed to support	55917
the appropriations from the fund, the director shall transfer the	55918
excess money, up to the amount of the original transfer, to the	55919
general revenue fund.	55920

Sec. 4921.25. Any person, firm, copartnership, voluntary	55921
association, joint-stock association, company, or corporation,	55922
wherever organized or incorporated, that is engaged in the towing	55923
of motor vehicles is subject to regulation by the public utilities	55924
commission as a for-hire motor carrier under this chapter. Such an	55925
entity is not subject to any ordinance, rule, or resolution of a	55926
municipal corporation, county, or township that provides for the	55927
licensing, registering, or regulation of entities that tow motor	55928
vehicles.	55929

Sec. 4921.30. Except as otherwise provided in sections	55930
4921.32 to 4921.38 of the Revised Code, a for-hire motor carrier	55931
engaged in the transportation of household goods in intrastate	55932
commerce:	55933

(A) Is subject to Chapter 4921. of the Revised Code and to	55934
all other provisions of the Revised Code applicable to a for-hire	55935
motor carrier, including sections 4506.22, 4511.78, 5502.01,	55936
5503.02, and 5503.34 of the Revised Code;	55937

(B) Is not a public utility as defined in section 4911.01 of	55938
the Revised Code.	55939

Sec. 4921.32. Notwithstanding any provision of this chapter	55940
or Chapters 4901. to 4909. and 4923. of the Revised Code to the	55941
contrary:	55942

(A) Not later than six months after the effective date of	55943
this section, the public utilities commission, in accordance with	55944
sections 4921.30 to 4921.38 of the Revised Code, shall establish	55945
by order a certification system for for-hire motor carriers	55946
engaged in the transportation of household goods in intrastate	55947
commerce.	55948

(B) Beginning on the effective date of the order of the	55949
commission as initially issued under division (A) of this section,	55950
no for-hire motor carrier shall engage in the transportation of	55951
household goods in intrastate commerce without first holding a	55952
current and valid certificate for the transportation of household	55953
goods issued by the commission pursuant to sections 4921.30 to	55954
4921.38 of the Revised Code.	55955

Sec. 4921.34. (A) The public utilities commission shall	55956
approve an application for a certificate for the transportation of	55957
household goods under sections 4921.30 to 4921.38 of the Revised	55958
Code and shall issue a certificate, provided the applicant pays	55959
the applicable application fee under division (I) of section	55960
4921.19 of the Revised Code and submits to the commission a	55961
completed application, on a form prescribed by the commission,	55962
that is substantially the same as the application prescribed by	55963
the commission pursuant to section 4921.05 of the Revised Code,	55964
and includes a certification of all of the following by	55965
responsible officials of the applicant:	55966

(1) The applicant's workers' compensation coverage is current	55967
pursuant to Chapter 4123. of the Revised Code.	55968

(2) The applicant's unemployment compensation coverage is	55969
current pursuant to Chapter 4141. of the Revised Code.	55970

(3) The applicant's financial responsibility is in accordance	55971
with rules adopted by the commission under section 4921.09 of the	55972
Revised Code.	55973

(B) The commission shall not approve any application that	55974
does not contain the proper certifications required by this	55975
section. The commission may revoke a certificate issued under	55976
division (A) of this section if, after at least fifteen days'	55977
advance notice to the certificate holder of the basis for such	55978
action and providing the holder with an opportunity for a hearing,	55979
the commission finds that the holder is not in compliance with	55980
this chapter, or rules adopted or orders issued under it.	55981

(C) A certificate issued under division (A) of this section	55982
is valid for one year and is renewable annually.	55983

Sec. 4921.36. Each holder of a certificate for the	55984
transportation of household goods shall do all of the following:	55985

(A) Make its current certificate available for public	55986
inspection during normal business hours;	55987

(B) Present each of its customers with information, written	55988
in plain and clear language and pursuant to a form prescribed by	55989
the public utilities commission, outlining a consumer's rights;	55990

(C) Include its certificate number on all advertising,	55991
written estimates, and contracts, pursuant to rules adopted by the	55992
commission.	55993

Sec. 4921.38. In accordance with sections 4921.30 to 4921.36	55994
of the Revised Code, the public utilities commission may adopt	55995
rules regarding any of the following:	55996

(A) Providing for binding estimates by for-hire motor	55997
carriers engaged in the transportation of household goods in	55998
intrastate commerce;	55999

(B) Providing for guaranteed-not-to-exceed estimates by those	56000
carriers;	56001

(C) Requiring those carriers to include their certificate	56002
number in all advertising, written estimates, and contracts	56003
related to the transportation of household goods in intrastate	56004
commerce;	56005

(D) As are necessary and proper to carry out this chapter	56006
with respect to those carriers;	56007

(E) Providing for the enforcement of the consumer protection	56008
provisions of Title 49 of the United States Code related to the	56009
delivery and transportation of household goods in interstate	56010
commerce, as permitted by 49 U.S.C. 14710.	56011

Sec. 4923.01. As used in this chapter:

56012

(A) "Ambulance," "interstate commerce," "intrastate	56013
commerce," "motor vehicle," "public highway," "ridesharing	56014
arrangement," and "school bus" have the same meanings as in	56015
section 4921.01 of the Revised Code.	56016

(B) "For-hire motor carrier" means a person engaged in the	56017
business of transporting persons or property by motor vehicle for	56018
compensation, except when engaged in any of the following in	56019
intrastate commerce:	56020

(1) The transportation of persons in taxicabs in the usual	56021
taxicab service;	56022

(2) The transportation of pupils in school busses operating	56023
to or from school sessions or school events;	56024

(3) The transportation of farm supplies to the farm or farm	56025
products from farm to market or to food fabricating plants;	56026

(4) The distribution of newspapers;

56027

(5) The transportation of crude petroleum incidental to	56028
gathering from wells and delivery to destination by pipe line;	56029

(6) The transportation of injured, ill, or deceased persons	56030
by hearse or ambulance;	56031

(7) The transportation of compost (a combination of manure	56032
and sand or shredded bark mulch) or shredded bark mulch;	56033

(8) The transportation of persons in a ridesharing	56034
arrangement when any fee charged each person so transported is in	56035
such amount as to recover only the person's share of the costs of	56036
operating the motor vehicle for such purpose.	56037

"For-hire motor carrier" includes the carrier's agents,	56038
officers, and representatives, as well as employees responsible	56039
for hiring, supervising, training, assigning, or dispatching	56040
drivers and employees concerned with the installation, inspection,	56041
and maintenance of motor-vehicle equipment and accessories.	56042

Divisions (B)(1) to (8) of this section shall not be	56043
construed to relieve a person from compliance with rules adopted	56044
under division (A)(2) of section 4923.04 of the Revised Code,	56045
division (E) of section 4923.06 of the Revised Code, division (B)	56046
of section 4923.07 of the Revised Code, and section 4923.11 of the	56047
Revised Code, or from compliance with rules regarding commercial	56048
driver's licenses adopted under division (A)(1) of section 4923.04	56049
of the Revised Code.	56050

(C) "Motor carrier" means both a for-hire motor carrier and a	56051
private motor carrier.	56052

(D) "Private motor carrier" means a person who is not a	56053
for-hire motor carrier but is engaged in the business of	56054
transporting persons or property by motor vehicle, except as	56055
provided in section 4923.02 of the Revised Code. "Private motor	56056
carrier" includes the carrier's agents, officers, and	56057
representatives, as well as employees responsible for hiring,	56058
supervising, training, assigning, or dispatching drivers and	56059
employees concerned with the installation, inspection, and	56060
maintenance of motor-vehicle equipment and accessories.	56061

Sec. 4923.02. (A) As used in this chapter, "private motor	56062
carrier" does not include a person when engaged in any of the	56063
following in intrastate commerce:	56064

(1) The transportation of persons in taxicabs in the usual	56065
taxicab service;	56066

(2) The transportation of pupils in school busses operating	56067
to or from school sessions or school events;	56068

(3) The transportation of farm supplies to the farm or farm	56069
products from farm to market or to food fabricating plants;	56070

(4) The distribution of newspapers;

56071

(5) The transportation of crude petroleum incidental to	56072
gathering from wells and delivery to destination by pipe line;	56073

(6) The transportation of injured, ill, or deceased persons	56074
by hearse or ambulance;	56075

(7) The transportation of compost (a combination of manure	56076
and sand or shredded bark mulch) or shredded bark mulch;	56077

(8) The transportation of persons in a ridesharing	56078
arrangement when any fee charged each person so transported is in	56079
such amount as to recover only the person's share of the costs of	56080
operating the motor vehicle for such purpose;	56081

(9) The operation of motor vehicles for contractors on public	56082
road work;	56083

(10) The towing of disabled or wrecked motor vehicles.

56084

(B) The public utilities commission may grant a motor carrier	56085
operating in intrastate commerce a temporary exemption from some	56086
or all of the provisions of this chapter and the rules adopted	56087
under it, when either of the following applies:	56088

(1) The governor of this state has declared an emergency.

56089

(2) The chairperson of the commission or the chairperson's	56090
designee has declared a transportation-specific emergency.	56091

(C) The commission may adopt rules not incompatible with the	56092
requirements of the United States department of transportation to	56093
provide exemptions to motor carriers operating in intrastate	56094
commerce not otherwise identified in divisions (A) and (B) of this	56095
section.	56096

(D) Divisions (A) to (C) of this section shall not be	56097
construed to relieve a person from compliance with either of the	56098
following:	56099

(1) Rules adopted under division (A)(2) of section 4923.04 of	56100
the Revised Code, division (E) of section 4923.06 of the Revised	56101
Code, division (B) of section 4923.07 of the Revised Code, and	56102
section 4923.11 of the Revised Code;	56103

(2) Rules regarding commercial driver's licenses adopted	56104
under division (A)(1) of section 4923.04 of the Revised Code.	56105

Sec. 4923.04. (A)(1) The public utilities commission shall	56106
adopt rules applicable to the transportation of persons or	56107
property by motor carriers operating in interstate and intrastate	56108
commerce.	56109

(2) The commission shall adopt rules applicable to the	56110
highway transportation and offering for transportation of	56111
hazardous materials by motor carriers, and persons engaging in the	56112
highway transportation and offering for transportation of	56113
hazardous materials, operating in interstate or intrastate	56114
commerce.	56115

(B) The rules adopted under division (A) of this section	56116
shall not be incompatible with the requirements of the United	56117
States department of transportation.	56118

(C) To achieve the purposes of this chapter and to assist the	56119
commission in the performance of any of its powers or duties, the	56120
commission, either through the public utilities commissioners or	56121
employees authorized by it, may do either or both of the	56122
following:	56123

(1) Apply for, and any judge of a court of record of	56124
competent jurisdiction may issue, an appropriate search warrant;	56125

(2) Examine under oath, at the offices of the commission, any	56126
officer, agent, or employee of any person subject to this chapter.	56127
The commission, by subpoena, also may compel the attendance of a	56128
witness for the purpose of the examination and, by subpoena duces	56129
tecum, may compel the production of all books, contracts, records,	56130
and documents that relate to the transportation and offering for	56131
transportation of hazardous materials.	56132

Sec. 4923.06. (A) The public utilities commission may,	56133
through the commission's inspectors or other authorized employees,	56134
enter in or upon any motor vehicle of any motor carrier, or any	56135
person engaging in the transportation of hazardous material or	56136
hazardous waste, to inspect the motor vehicle or driver subject to	56137
rules adopted under section 4923.04 of the Revised Code.	56138

(B) In order to assist the commission in performing its	56139
duties under this section, authorized employees of the state	56140
highway patrol of the department of public safety may conduct	56141
inspections of motor vehicles and drivers.	56142

(C) Inspectors and employees authorized to conduct	56143
inspections under divisions (A) and (B) of this section may, under	56144
the direction of the commission, stop motor vehicles to inspect	56145
those vehicles and drivers to enforce compliance with rules	56146
adopted under section 4923.04 of the Revised Code.	56147

(D) Inspectors and employees authorized to conduct	56148
inspections under divisions (A) and (B) of this section shall	56149
conduct inspections consistent with the North American standard	56150
inspection procedure of the commercial vehicle safety alliance and	56151
the standards of the United States department of transportation.	56152
The inspectors and employees may declare drivers and motor	56153
vehicles out-of-service consistent with this procedure and these	56154
standards.	56155

(E) The commission may adopt rules to carry out this section	56156
that are not incompatible with the requirements of the United	56157
States department of transportation.	56158

Sec. 4923.07. (A) The public utilities commission may,	56159
through the commission's inspectors or other authorized employees,	56160
enter in or upon the premises and motor vehicles of any motor	56161
carrier, or any person engaging in the transportation of hazardous	56162
material or hazardous waste, to examine any records, documents, or	56163
property for the purpose of assessing the safety, performance, and	56164
management controls associated with the carrier or person.	56165

(B) The commission may adopt rules to carry out this section	56166
that are not incompatible with the requirements of the United	56167
States department of transportation.	56168

Sec. 4923.09. The public utilities commission shall cooperate	56169
with and permit the use of the services, records, and facilities	56170
of the commission as fully as practicable by appropriate officers	56171
of the United States department of transportation, other federal	56172
agencies or commissions, and appropriate commissions of other	56173
states in the enforcement and administration of state and federal	56174
laws relating to highway transportation by motor vehicles. The	56175
commission may enter into cooperative agreements with the United	56176
States department of transportation and any other federal agency	56177
or commission to enforce the safety laws and rules of this state	56178
and of the United States concerning highway transportation by	56179
motor vehicles. All grants-in-aid, cash, and reimbursements	56180
received by the commission pursuant to those cooperative	56181
agreements shall be deposited to the credit of the motor carrier	56182
safety fund created under section 4921.21 of the Revised Code.	56183

Sec. 4923.11. The public utilities commission may adopt rules	56184
applicable to the highway routing of hazardous materials into,	56185
through, or within this state. Rules adopted under this section	56186
shall not be incompatible with requirements of the United States	56187
department of transportation.	56188

Sec. 4923.15. Proceedings of the public utilities commission	56189
for the assessment of forfeitures for violations of Chapters 4921.	56190
and 4923. of the Revised Code are subject to and governed by	56191
section 4923.99 of the Revised Code. In all other respects in	56192
which the commission has power and authority under Chapters 4921.	56193
and 4923. of the Revised Code, applications and complaints may be	56194
made and filed with the commission, processes may be issued,	56195
hearings may be held, opinions, orders, and decisions may be made	56196
and filed, petitions for rehearing may be filed and acted upon,	56197
and all proceedings before the supreme court of this state may be	56198
considered and disposed of by that court in the manner, under the	56199
conditions, subject to the limitations, and with the effect	56200
specified in the sections of the Revised Code governing the	56201
supervision of public utilities by the commission.	56202

Sec. 4923.99. (A)(1) Whoever violates Chapter 4921. or 4923.	56203
of the Revised Code is liable to the state for a forfeiture of not	56204
more than twenty-five thousand dollars for each day of each	56205
violation. The public utilities commission, after providing	56206
reasonable notice and the opportunity for a hearing in accordance	56207
with the procedural rules adopted under section 4901.13 of the	56208
Revised Code, shall assess, by order, a forfeiture upon a person	56209
whom the commission determines, by a preponderance of the	56210
evidence, committed the violation. In determining the amount of	56211
the forfeiture for a violation discovered during a driver or	56212
motor-vehicle inspection under section 4923.06 of the Revised	56213
Code, the commission shall, to the extent practicable, not act in	56214
a manner incompatible with the requirements of the United States	56215
department of transportation, and, to the extent practicable,	56216
shall utilize a system comparable to the recommended civil-penalty	56217
procedure adopted by the commercial vehicle safety alliance. In	56218
determining the amount of the forfeiture for a violation	56219
discovered during a compliance review of a motor carrier under	56220
section 4923.07 of the Revised Code, the commission shall, to the	56221
extent practicable, not act in a manner incompatible with the	56222
civil-penalty guidelines of the United States department of	56223
transportation.	56224

The attorney general, upon the written request of the	56225
commission, shall bring a civil action in the court of common	56226
pleas of Franklin county to collect a forfeiture assessed under	56227
this section. The commission shall account for the forfeitures	56228
collected under this section and pay them to the treasurer of	56229
state under section 4921.21 of the Revised Code.	56230

(2) The attorney general, upon the written request of the	56231
commission, shall bring an action for injunctive relief in the	56232
court of common pleas of Franklin county against any person who	56233
has violated or is violating any order issued by the commission to	56234
secure compliance with any provision of Chapter 4921. or 4923. of	56235
the Revised Code. The court of common pleas of Franklin county has	56236
jurisdiction to and may grant preliminary and permanent injunctive	56237
relief upon a showing that the person against whom the action is	56238
brought has violated or is violating any such order. The court	56239
shall give precedence to such an action over all other cases.	56240

(B) The amount of any forfeiture may be compromised at any	56241
time prior to collection of the forfeiture. The commission shall	56242
adopt rules governing the manner in which the amount of a	56243
forfeiture may be established by agreement prior to the hearing on	56244
the forfeiture before the commission.	56245

(C) The proceedings of the commission specified in division	56246
(A) of this section are subject to and governed by Chapter 4903.	56247
of the Revised Code, except as otherwise specifically provided in	56248
this section. The court of appeals of Franklin county has	56249
exclusive, original jurisdiction to review, modify, or vacate an	56250
order of the commission issued to secure compliance with any	56251
provision of Chapter 4921. or 4923. of the Revised Code. The court	56252
of appeals shall hear and determine those appeals in the same	56253
manner, and under the same standards, as the supreme court hears	56254
and determines appeals under Chapter 4903. of the Revised Code.	56255
The judgment of the court of appeals is final and conclusive	56256
unless reversed, vacated, or modified on appeal. Such appeals may	56257
be taken either by the commission or the person to whom the	56258
compliance order or forfeiture assessment was issued and shall	56259
proceed as in the case of appeals in civil actions as provided in	56260
the rules of appellate procedure and Chapter 2505. of the Revised	56261
Code.	56262

(D) Section 4903.11 of the Revised Code does not apply to an	56263
appeal of an order issued to secure compliance with Chapter 4921.	56264
or 4923. of the Revised Code or an order issued under division	56265
(A)(1) of this section assessing a forfeiture. Any person to whom	56266
any such order is issued who wishes to contest a compliance order,	56267
the fact of the violation, or the amount of the forfeiture shall	56268
file a notice of appeal, setting forth the order appealed from and	56269
the errors complained of, within sixty days after the entry of the	56270
order upon the journal of the commission. The notice of appeal	56271
shall be served, unless waived, upon the chairperson of the	56272
commission or, in the event of the chairperson's absence, upon any	56273
public utilities commissioner, or by leaving a copy at the office	56274
of the commission at Columbus. An order issued by the commission	56275
to secure compliance with Chapter 4921. or 4923. of the Revised	56276
Code or an order issued under division (A)(1) of this section	56277
assessing a forfeiture shall be reversed, vacated, or modified on	56278
appeal if, upon consideration of the record, the court is of the	56279
opinion that the order was unlawful or unreasonable.	56280

(E) Only for such violations that constitute violations of	56281
the "Hazardous Materials Transportation Uniform Safety Act of	56282
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804 and 1805, or	56283
regulations adopted under the act, the commission, in determining	56284
liability, shall use the same standard of culpability for civil	56285
forfeitures under this section as that set forth for civil	56286
penalties under section 12 of the "Hazardous Materials	56287
Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49	56288
U.S.C.A. App. 1809. The commission shall consider the assessment	56289
considerations for civil penalties specified in regulations	56290
adopted under the "Hazardous Materials Transportation Act," 88	56291
Stat. 2156 (1975), 49 U.S.C. 1801.	56292

Sec. 4927.01. (A) As used in this chapter:

56293

(1) "Basic local exchange service" means residential-end-user	56294
access to and usage of telephone-company-provided services over a	56295
single line or small-business-end-user access to and usage of	56296
telephone-company-provided services over the primary access line	56297
of service, which in the case of residential and small-business	56298
access and usage is not part of a bundle or package of services,	56299
that does both of the following:	56300

(a) Enables a customer to originate or receive voice	56301
communications within a local service area as that area exists on	56302
September 13, 2010, the effective date of the amendment of this	56303
section by S.B. 162 of the 128th general assembly;	56304

(b) Consists of all of the following services:

56305

(i) Local dial tone service;

56306

(ii) For residential end users, flat-rate telephone exchange	56307
service;	56308

(iii) Touch tone dialing service;

56309

(iv) Access to and usage of 9-1-1 services, where such	56310
services are available;	56311

(v) Access to operator services and directory assistance;

56312

(vi) Provision of a telephone directory in any reasonable	56313
format for no additional charge and a listing in that directory,	56314
with reasonable accommodations made for private listings;	56315

(vii) Per call, caller identification blocking services;

56316

(viii) Access to telecommunications relay service; and

56317

(ix) Access to toll presubscription, interexchange or toll	56318
providers or both, and networks of other telephone companies.	56319

(2) "Bundle or package of services" means one or more	56320
telecommunications services or other services offered together as	56321
one service option at a single price.	56322

(3) "Carrier access" means access to and usage of telephone	56323
company-provided facilities that enable end user customers	56324
originating or receiving voice grade, data, or image	56325
communications, over a local exchange telephone company network	56326
operated within a local service area, to access interexchange or	56327
other networks and includes special access.	56328

(4) "Federal poverty level" means the income level	56329
represented by the poverty guidelines as revised annually by the	56330
United States department of health and human services in	56331
accordance with section 673(2) of the "Omnibus Reconciliation Act	56332
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	56333
size equal to the size of the family of the person whose income is	56334
being determined.	56335

(5) "Incumbent local exchange carrier" means, with respect to	56336
an area, the local exchange carrier that:	56337

(a) On February 8, 1996, provided telephone exchange service	56338
in such area; and	56339

(b)(i) On February 8, 1996, was deemed to be a member of the	56340
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or	56341

(ii) Is a person or entity that, on or after February 8,	56342
1996, became a successor or assign of a member described in	56343
division (A)(5)(b)(i) of this section.	56344

(6) "Internet protocol-enabled services" means any services,	56345
capabilities, functionalities, or applications that are provided	56346
using internet protocol or a successor protocol to enable an end	56347
user to send or receive communications in internet protocol format	56348
or a successor format, regardless of how any particular such	56349
service is classified by the federal communications commission,	56350
and includes voice over internet protocol service.	56351

(7) "Local exchange carrier" means any person engaged in the	56352
provision of telephone exchange service, or the offering of access	56353
to telephone exchange service or facilities for the purpose of	56354
originating or terminating telephone toll service.	56355

(8) "Local service area" means the geographic area that may	56356
encompass more than one exchange area and within which a telephone	56357
customer, by paying the rate for basic local exchange service, may	56358
complete calls to other telephone customers without being assessed	56359
long distance toll charges.	56360

(9) "Small business" means a nonresidential service customer	56361
with three or fewer service access lines.	56362

(10) "Telecommunications" means the transmission, between or	56363
among points specified by the user, of information of the user's	56364
choosing, without change in the form or content of the information	56365
as sent and received.	56366

(11) "Telecommunications carrier" has the same meaning as in	56367
the "Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C. 153.	56368

(12) "Telecommunications service" means the offering of	56369
telecommunications for a fee directly to the public, or to such	56370
classes of users as to be effectively available directly to the	56371
public, regardless of the facilities used.	56372

(13) "Telephone company" means a company described in	56373
division (A)~~(1)~~ of section 4905.03 of the Revised Code that is a	56374
public utility under section 4905.02 of the Revised Code.	56375

(14) "Telephone exchange service" means telecommunications	56376
service that is within a telephone exchange, or within a connected	56377
system of telephone exchanges within the same exchange area	56378
operated to furnish to subscribers intercommunicating service of	56379
the character ordinarily furnished by a single exchange, and that	56380
is covered by the exchange service charge; or comparable service	56381
provided through a system of switches, transmission equipment, or	56382
other facilities, or combination thereof, by which a customer can	56383
originate and terminate a telecommunications service.	56384

(15) "Telephone toll service" means telephone service between	56385
stations in different exchange areas for which there is made a	56386
separate charge not included in contracts with customers for	56387
exchange service.	56388

(16) "Voice over internet protocol service" means a service	56389
that uses a broadband connection from an end user's location and	56390
enables real-time, two-way, voice communications that originate or	56391
terminate from the user's location using internet protocol or a	56392
successor protocol, including, but not limited to, any such	56393
service that permits an end user to receive calls from and	56394
terminate calls to the public switched network.	56395

(17) "Wireless service" means federally licensed commercial	56396
mobile service as defined in the "Telecommunications Act of 1996,"	56397
110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as	56398
commercial mobile radio service in 47 C.F.R. 20.3. Under division	56399
(A)(17) of this section, commercial mobile radio service is	56400
specifically limited to mobile telephone, mobile cellular	56401
telephone, paging, personal communications services, and	56402
specialized mobile radio service provided by a common carrier in	56403
this state and excludes fixed wireless service.	56404

(18) "Wireless service provider" means a facilities-based	56405
provider of wireless service to one or more end users in this	56406
state.	56407

(B) The definitions of this section shall be applied	56408
consistent with the definitions in the "Telecommunications Act of	56409
1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended, and with	56410
federal decisions interpreting those definitions.	56411

Sec. 4928.23. As used in sections 4928.23 to 4928.2318 of the	56412
Revised Code:	56413

(A) "Ancillary agreement" means any bond insurance policy,	56414
letter of credit, reserve account, surety bond, swap arrangement,	56415
hedging arrangement, liquidity or credit support arrangement, or	56416
other similar agreement or arrangement entered into in connection	56417
with the issuance of phase-in-recovery bonds that is designed to	56418
promote the credit quality and marketability of the bonds or to	56419
mitigate the risk of an increase in interest rates.	56420

(B) "Assignee" means any person or entity to which an	56421
interest in phase-in-recovery property is sold, assigned,	56422
transferred, or conveyed, other than as security, and any	56423
successor to or subsequent assignee of such a person or entity.	56424

(C) "Bond" includes debentures, notes, certificates of	56425
participation, certificates of beneficial interest, certificates	56426
of ownership or other evidences of indebtedness or ownership that	56427
are issued by an electric distribution utility or an assignee	56428
under a final financing order, the proceeds of which are used	56429
directly or indirectly to recover, finance, or refinance phase-in	56430
costs and financing costs, and that are secured by or payable from	56431
revenues from phase-in-recovery charges.	56432

(D) "Bondholder" means any holder or owner of a	56433
phase-in-recovery bond.	56434

(E) "Financing costs" means any of the following:

56435

(1) Principal, interest, and redemption premiums that are	56436
payable on phase-in-recovery bonds;	56437

(2) Any payment required under an ancillary agreement;

56438

(3) Any amount required to fund or replenish a reserve	56439
account or another account established under any indenture,	56440
ancillary agreement, or other financing document relating to	56441
phase-in-recovery bonds;	56442

(4) Any costs of retiring or refunding any existing debt and	56443
equity securities of an electric distribution utility in	56444
connection with either the issuance of, or the use of proceeds	56445
from, phase-in-recovery bonds;	56446

(5) Any costs incurred by an electric distribution utility to	56447
obtain modifications of or amendments to any indenture, financing	56448
agreement, security agreement, or similar agreement or instrument	56449
relating to any existing secured or unsecured obligation of the	56450
electric distribution utility in connection with the issuance of	56451
phase-in-recovery bonds;	56452

(6) Any costs incurred by an electric distribution utility to	56453
obtain any consent, release, waiver, or approval from any holder	56454
of an obligation described in division (E)(5) of this section that	56455
are necessary to be incurred for the electric distribution utility	56456
to issue or cause the issuance of phase-in-recovery bonds;	56457

(7) Any taxes, franchise fees, or license fees imposed on	56458
phase-in-recovery revenues;	56459

(8) Any costs related to issuing or servicing	56460
phase-in-recovery bonds or related to obtaining a financing order,	56461
including servicing fees and expenses, trustee fees and expenses,	56462
legal, accounting, or other professional fees and expenses,	56463
administrative fees, placement fees, underwriting fees,	56464
capitalized interest and equity, and rating-agency fees;	56465

(9) Any other similar costs that the public utilities	56466
commission finds appropriate.	56467

(F) "Financing order" means an order issued by the public	56468
utilities commission under section 4928.232 of the Revised Code	56469
that authorizes an electric distribution utility or an assignee to	56470
issue phase-in-recovery bonds and recover phase-in-recovery	56471
charges.	56472

(G) "Final financing order" means a financing order that has	56473
become final and has taken effect as provided in section 4928.233	56474
of the Revised Code.	56475

(H) "Financing party" means either of the following:

56476

(1) Any trustee, collateral agent, or other person acting for	56477
the benefit of any bondholder;	56478

(2) Any party to an ancillary agreement, the rights and	56479
obligations of which relate to or depend upon the existence of	56480
phase-in-recovery property, the enforcement and priority of a	56481
security interest in phase-in-recovery property, the timely	56482
collection and payment of phase-in-recovery revenues, or a	56483
combination of these factors.	56484

(I) "Financing statement" has the same meaning as in section	56485
1309.102 of the Revised Code.	56486

(J) "Phase-in costs" means costs, inclusive of carrying	56487
charges incurred before, on, or after ~~the effective date of this~~	56488
~~section~~March 22, 2012, authorized by the commission before, on,	56489
or after ~~the effective date of this section~~March 22, 2012, to be	56490
securitized or deferred as regulatory assets in proceedings under	56491
section 4909.18 of the Revised Code, sections 4928.141 to	56492
4928.143, or 4928.144 of the Revised Code, or section 4928.14 of	56493
the Revised Code as it existed prior to July 31, 2008, pursuant to	56494
a final order for which appeals have been exhausted. "Phase-in	56495
costs" excludes the following:	56496

(1) With respect to any electric generating facility that, on	56497
and after ~~the effective date of this section~~March 22, 2012, is	56498
owned, in whole or in part, by an electric distribution utility	56499
applying for a financing order under section 4928.231 of the	56500
Revised Code, costs that are authorized under division (B)(2)(b)	56501
or (c) of section 4928.143 of the Revised Code;	56502

(2) Costs incurred after ~~the effective date of this section~~	56503
March 22, 2012, related to the ongoing operation of an electric	56504
generating facility, but not environmental clean-up or remediation	56505
costs incurred by an electric distribution utility because of its	56506
ownership or operation of an electric generating facility prior to	56507
~~the effective date of this section~~March 22, 2012, which such	56508
clean-up or remediation costs are imposed or incurred pursuant to	56509
federal or state law, rules, or regulations and for which the	56510
commission approves recovery in accordance with section 4909.18 of	56511
the Revised Code, sections 4928.141 to 4928.143, or 4928.144 of	56512
the Revised Code, or section 4928.14 of the Revised Code as it	56513
existed prior to July 31, 2008.	56514

(K) "Phase-in-recovery property" means the property, rights,	56515
and interests of an electric distribution utility or an assignee	56516
under a final financing order, including the right to impose,	56517
charge, and collect the phase-in-recovery charges that shall be	56518
used to pay and secure the payment of phase-in-recovery bonds and	56519
financing costs, and including the right to obtain adjustments to	56520
those charges, and any revenues, receipts, collections, rights to	56521
payment, payments, moneys, claims, or other proceeds arising from	56522
the rights and interests created under the final financing order.	56523
"Phase-in-recovery property" does not include tangible personal	56524
property constituting the generation, transmission, or	56525
distribution property of an electric distribution utility or an	56526
assignee thereof.	56527

(L) "Phase-in-recovery revenues" means all revenues,	56528
receipts, collections, payments, moneys, claims, or other proceeds	56529
arising from phase-in-recovery property.	56530

(M) "Successor" means, with respect to any entity, another	56531
entity that succeeds by operation of law to the rights and	56532
obligations of the first legal entity pursuant to any bankruptcy,	56533
reorganization, restructuring, or other insolvency proceeding, any	56534
merger, acquisition, or consolidation, or any sale or transfer of	56535
assets, regardless of whether any of these occur as a result of a	56536
restructuring of the electric power industry or otherwise.	56537

Sec. 4928.2314. (A) The transfer and ownership of	56538
phase-in-recovery property and the imposition, charging,	56539
collection, and receipt of phase-in-recovery revenues under	56540
sections 4928.231 to 4928.2317 of the Revised Code are exempt from	56541
all taxes and similar charges imposed by the state or any county,	56542
municipal corporation, school district, local authority, or other	56543
subdivision.	56544

(B) Phase-in-recovery bonds issued under a final financing	56545
order shall not constitute a debt or a pledge of the faith and	56546
credit or taxing power of this state or of any county, municipal	56547
corporation, or any other political subdivision of this state.	56548
Bondholders shall have no right to have taxes levied by this state	56549
or the taxing authority of any county, municipal corporation, or	56550
any other political subdivision of this state for the payment of	56551
the principal of or interest on the bonds. The issuance of	56552
phase-in-recovery bonds does not, directly, indirectly, or	56553
contingently, obligate this state or any county, municipal	56554
corporation, or political subdivision of this state to levy any	56555
tax or make any appropriation for payment of the principal of or	56556
interest on the bonds.	56557

(C) Nothing in this section prohibits the levy of the tax	56558
imposed under Chapter 5751. of the Revised Code.	56559

Sec. 4929.01. As used in this chapter:

56560

(A) "Alternative rate plan" means a method, alternate to the	56561
method of section 4909.15 of the Revised Code, for establishing	56562
rates and charges, under which rates and charges may be	56563
established for a commodity sales service or ancillary service	56564
that is not exempt pursuant to section 4929.04 of the Revised Code	56565
or for a distribution service. Alternative rate plans may include,	56566
but are not limited to, methods that provide adequate and reliable	56567
natural gas services and goods in this state; minimize the costs	56568
and time expended in the regulatory process; tend to assess the	56569
costs of any natural gas service or goods to the entity, service,	56570
or goods that cause such costs to be incurred; afford rate	56571
stability; promote and reward efficiency, quality of service, or	56572
cost containment by a natural gas company; provide sufficient	56573
flexibility and incentives to the natural gas industry to achieve	56574
high quality, technologically advanced, and readily available	56575
natural gas services and goods at just and reasonable rates and	56576
charges; or establish revenue decoupling mechanisms. Alternative	56577
rate plans also may include, but are not limited to, automatic	56578
adjustments based on a specified index or changes in a specified	56579
cost or costs.	56580

(B) "Ancillary service" means a service that is ancillary to	56581
the receipt or delivery of natural gas to consumers, including,	56582
but not limited to, storage, pooling, balancing, and transmission.	56583

(C) "Commodity sales service" means the sale of natural gas	56584
to consumers, exclusive of any distribution or ancillary service.	56585

(D) "Comparable service" means any regulated service or goods	56586
whose availability, quality, price, terms, and conditions are the	56587
same as or better than those of the services or goods that the	56588
natural gas company provides to a person with which it is	56589
affiliated or which it controls, or, as to any consumer, that the	56590
natural gas company offers to that consumer as part of a bundled	56591
service that includes both regulated and exempt services or goods.	56592

(E) "Consumer" means any person or association of persons	56593
purchasing, delivering, storing, or transporting, or seeking to	56594
purchase, deliver, store, or transport, natural gas, including	56595
industrial consumers, commercial consumers, and residential	56596
consumers, but not including natural gas companies.	56597

(F) "Distribution service" means the delivery of natural gas	56598
to a consumer at the consumer's facilities, by and through the	56599
instrumentalities and facilities of a natural gas company,	56600
regardless of the party having title to the natural gas.	56601

(G) "Natural gas company" means a natural gas company, as	56602
defined in section 4905.03 of the Revised Code, that is a public	56603
utility as defined in section 4905.02 of the Revised Code and	56604
excludes a retail natural gas supplier.	56605

(H) "Person," except as provided in division (N) of this	56606
section, has the same meaning as in section 1.59 of the Revised	56607
Code, and includes this state and any political subdivision,	56608
agency, or other instrumentality of this state and includes the	56609
United States and any agency or other instrumentality of the	56610
United States.	56611

(I) "Billing or collection agent" means a fully independent	56612
agent, not affiliated with or otherwise controlled by a retail	56613
natural gas supplier or governmental aggregator subject to	56614
certification under section 4929.20 of the Revised Code, to the	56615
extent that the agent is under contract with such supplier or	56616
aggregator solely to provide billing and collection for	56617
competitive retail natural gas service on behalf of the supplier	56618
or aggregator.	56619

(J) "Competitive retail natural gas service" means any retail	56620
natural gas service that may be competitively offered to consumers	56621
in this state as a result of revised schedules approved under	56622
division (C) of section 4929.29 of the Revised Code, a rule or	56623
order adopted or issued by the public utilities commission under	56624
Chapter 4905. of the Revised Code, or an exemption granted by the	56625
commission under sections 4929.04 to 4929.08 of the Revised Code.	56626

(K) "Governmental aggregator" means either of the following:

56627

(1) A legislative authority of a municipal corporation, a	56628
board of township trustees, or a board of county commissioners	56629
acting exclusively under section 4929.26 or 4929.27 of the Revised	56630
Code as an aggregator for the provision of competitive retail	56631
natural gas service;	56632

(2) A municipal corporation acting exclusively under Section	56633
4 of Article XVIII, Ohio Constitution, as an aggregator for the	56634
provision of competitive retail natural gas service.	56635

(L)(1) "Mercantile customer" means a customer that consumes,	56636
other than for residential use, more than five hundred thousand	56637
cubic feet of natural gas per year at a single location within	56638
this state or consumes natural gas, other than for residential	56639
use, as part of an undertaking having more than three locations	56640
within or outside of this state. "Mercantile customer" excludes a	56641
customer for which a declaration under division (L)(2) of this	56642
section is in effect pursuant to that division.	56643

(2) A not-for-profit customer that consumes, other than for	56644
residential use, more than five hundred thousand cubic feet of	56645
natural gas per year at a single location within this state or	56646
consumes natural gas, other than for residential use, as part of	56647
an undertaking having more than three locations within or outside	56648
this state may file a declaration under division (L)(2) of this	56649
section with the public utilities commission. The declaration	56650
shall take effect upon the date of filing, and by virtue of the	56651
declaration, the customer is not a mercantile customer for the	56652
purposes of this section and sections 4929.20 to 4929.29 of the	56653
Revised Code or the purposes of a governmental natural gas	56654
aggregation or arrangement or other contract entered into after	56655
the declaration's effective date for the supply or arranging of	56656
the supply of natural gas to the customer to a location within	56657
this state. The customer may file a rescission of the declaration	56658
with the commission at any time. The rescission shall not affect	56659
any governmental natural gas aggregation or arrangement or other	56660
contract entered into by the customer prior to the date of the	56661
filing of the rescission and shall have effect only with respect	56662
to any subsequent such aggregation or arrangement or other	56663
contract. The commission shall prescribe rules under section	56664
4929.10 of the Revised Code specifying the form of the declaration	56665
or a rescission and procedures by which a declaration or	56666
rescission may be filed.	56667

(M) "Retail natural gas service" means commodity sales	56668
service, ancillary service, natural gas aggregation service,	56669
natural gas marketing service, or natural gas brokerage service.	56670

(N) "Retail natural gas supplier" means any person, as	56671
defined in section 1.59 of the Revised Code, that is engaged on a	56672
for-profit or not-for-profit basis in the business of supplying or	56673
arranging for the supply of a competitive retail natural gas	56674
service to consumers in this state that are not mercantile	56675
customers. "Retail natural gas supplier" includes a marketer,	56676
broker, or aggregator, but excludes a natural gas company, a	56677
governmental aggregator as defined in division (K)(1) or (2) of	56678
this section, an entity described in division ~~(B)~~(A)(2) or ~~(C)~~(3)	56679
of section 4905.02 of the Revised Code, or a billing or collection	56680
agent, and excludes a producer or gatherer of gas to the extent	56681
such producer or gatherer is not a natural gas company under	56682
section 4905.03 of the Revised Code.	56683

(O) "Revenue decoupling mechanism" means a rate design or	56684
other cost recovery mechanism that provides recovery of the fixed	56685
costs of service and a fair and reasonable rate of return,	56686
irrespective of system throughput or volumetric sales.	56687

Sec. 4929.02. (A) It is the policy of this state to,	56688
throughout this state:	56689

(1) Promote the availability to consumers of adequate,	56690
reliable, and reasonably priced natural gas services and goods;	56691

(2) Promote the availability of unbundled and comparable	56692
natural gas services and goods that provide wholesale and retail	56693
consumers with the supplier, price, terms, conditions, and quality	56694
options they elect to meet their respective needs;	56695

(3) Promote diversity of natural gas supplies and suppliers,	56696
by giving consumers effective choices over the selection of those	56697
supplies and suppliers;	56698

(4) Encourage innovation and market access for cost-effective	56699
supply- and demand-side natural gas services and goods;	56700

(5) Encourage cost-effective and efficient access to	56701
information regarding the operation of the distribution systems of	56702
natural gas companies in order to promote effective customer	56703
choice of natural gas services and goods;	56704

(6) Recognize the continuing emergence of competitive natural	56705
gas markets through the development and implementation of flexible	56706
regulatory treatment;	56707

(7) Promote an expeditious transition to the provision of	56708
natural gas services and goods in a manner that achieves effective	56709
competition and transactions between willing buyers and willing	56710
sellers to reduce or eliminate the need for regulation of natural	56711
gas services and goods under Chapters 4905. and 4909. of the	56712
Revised Code;	56713

(8) Promote effective competition in the provision of natural	56714
gas services and goods by avoiding subsidies flowing to or from	56715
regulated natural gas services and goods;	56716

(9) Ensure that the risks and rewards of a natural gas	56717
company's offering of nonjurisdictional and exempt services and	56718
goods do not affect the rates, prices, terms, or conditions of	56719
nonexempt, regulated services and goods of a natural gas company	56720
and do not affect the financial capability of a natural gas	56721
company to comply with the policy of this state specified in this	56722
section;	56723

(10) Facilitate the state's competitiveness in the global	56724
economy;	56725

(11) Facilitate additional choices for the supply of natural	56726
gas for residential consumers, including aggregation;	56727

(12) Promote an alignment of natural gas company interests	56728
with consumer interest in energy efficiency and energy	56729
conservation.	56730

(B) The public utilities commission and the office of the	56731
consumers' counsel shall follow the policy specified in this	56732
section in exercising their respective authorities relative to	56733
sections 4929.03 to 4929.30 of the Revised Code.	56734

(C) Nothing in Chapter 4929. of the Revised Code shall be	56735
construed to alter the public utilities commission's construction	56736
or application of division ~~(A)(5)~~(E) of section 4905.03 of the	56737
Revised Code.	56738

Sec. 4933.18. (A) In a prosecution for a theft offense, as	56739
defined in section 2913.01 of the Revised Code, that involves	56740
alleged tampering with a gas, electric, steam, or water meter,	56741
conduit, or attachment of a utility that has been disconnected by	56742
the utility, proof that a meter, conduit, or attachment of a	56743
utility has been tampered with is prima-facie evidence that the	56744
person who is obligated to pay for the service rendered through	56745
the meter, conduit, or attachment and is in possession or control	56746
of the meter, conduit, or attachment at the time the tampering	56747
occurred has caused the tampering with intent to commit a theft	56748
offense.	56749

In a prosecution for a theft offense, as defined in section	56750
2913.01 of the Revised Code, that involves the alleged	56751
reconnection of a gas, electric, steam, or water meter, conduit,	56752
or attachment of a utility that has been disconnected by the	56753
utility, proof that a meter, conduit, or attachment disconnected	56754
by a utility has been reconnected without the consent of the	56755
utility is prima-facie evidence that the person in possession or	56756
control of the meter, conduit, or attachment at the time of the	56757
reconnection has reconnected the meter, conduit, or attachment	56758
with intent to commit a theft offense.	56759

(B) As used in this section:

56760

(1) "Utility" means any electric light company, gas company,	56761
natural gas company, pipe-line company, water-works company, or	56762
heating or cooling company, as defined by division ~~(A)(3), (4),~~	56763
~~(5), (6), (7)~~(C), (D), (E), (F), (G), or ~~(8)~~(H) of section 4905.03	56764
of the Revised Code, its lessees, trustees, or receivers, or any	56765
similar utility owned or operated by a political subdivision.	56766

(2) "Tamper" means to interfere with, damage, or by-pass a	56767
utility meter, conduit, or attachment with the intent to impede	56768
the correct registration of a meter or the proper functions of a	56769
conduit or attachment so as to reduce the amount of utility	56770
service that is registered on the meter.	56771

Sec. 4933.19. Each electric light company, gas company,	56772
natural gas company, pipe-line company, water-works company, or	56773
heating or cooling company, as defined by division ~~(A)(3), (4),~~	56774
~~(5), (6), (7),~~(C), (D), (E), (F), (G), or ~~(8)~~(H) of section	56775
4905.03 of the Revised Code, or its lessees, trustees, or	56776
receivers, and each similar utility owned or operated by a	56777
political subdivision shall notify its customers, on an annual	56778
basis, that tampering with or bypassing a meter constitutes a	56779
theft offense that could result in the imposition of criminal	56780
sanctions.	56781

Sec. 4939.01. As used in sections 4939.01 to 4939.08 of the	56782
Revised Code:	56783

(A) "Cable operator," "cable service," and "franchise" have	56784
the same meanings as in the "Cable Communications Policy Act of	56785
1984," 98 Stat. 2779, 47 U.S.C.A. 522.	56786

(B) "Occupy or use" means, with respect to a public way, to	56787
place a tangible thing in a public way for any purpose, including,	56788
but not limited to, constructing, repairing, positioning,	56789
maintaining, or operating lines, poles, pipes, conduits, ducts,	56790
equipment, or other structures, appurtenances, or facilities	56791
necessary for the delivery of public utility services or any	56792
services provided by a cable operator.	56793

(C) "Person" means any natural person, corporation, or	56794
partnership and also includes any governmental entity.	56795

(D) "Public utility" means any company described in section	56796
4905.03 of the Revised Code except in divisions ~~(A)(2)~~(B) and	56797
~~(9)~~(I) of that section, which company also is a public utility as	56798
defined in section 4905.02 of the Revised Code; and includes any	56799
electric supplier as defined in section 4933.81 of the Revised	56800
Code.	56801

(E) "Public way" means the surface of, and the space within,	56802
through, on, across, above, or below, any public street, public	56803
road, public highway, public freeway, public lane, public path,	56804
public alley, public court, public sidewalk, public boulevard,	56805
public parkway, public drive, and any other land dedicated or	56806
otherwise designated for a compatible public use, which, on or	56807
after ~~the effective date of this section~~July 2, 2002, is owned or	56808
controlled by a municipal corporation. "Public way" excludes a	56809
private easement.	56810

(F) "Public way fee" means a fee levied to recover the costs	56811
incurred by a municipal corporation and associated with the	56812
occupancy or use of a public way.	56813

Sec. 4953.04. No union terminal company or corporation shall	56814
engage in the business of a for-hire motor ~~transportation service~~	56815
carrier, as defined in ~~sections 4905.03, 4921.02, and 4923.02~~	56816
4921.01 of the Revised Code, over any public highway in this	56817
state, without obtaining authority from the public utilities	56818
commission, and complying with all laws governing every	56819
corporation or company when engaged or proposing to engage in ~~such~~	56820
the business of a for-hire motor ~~transportation service~~carrier.	56821

Sec. 4961.03. Any railroad company owning or operating a	56822
railroad in this state may own, control, operate, or manage motor	56823
vehicles for the purpose of transporting persons or property, or	56824
both, upon the public highways for hire, subject to ~~sections~~	56825
~~4921.02 to 4921.32, inclusive,~~Chapters 4921. and 4923. of the	56826
Revised Code. Any railroad company may also own and operate	56827
equipment for and engage in the business of aerial transportation.	56828
Any railroad company may acquire, own, and hold capital stock and	56829
securities of corporations organized for or engaged in the	56830
businesses authorized in this section and may operate the	56831
properties, or any part thereof, of such corporations, and may	56832
enter into working arrangements and agreements with such	56833
corporations.	56834

Sec. 4965.54. Any common carrier, railroad, or	56835
~~transportation company~~motor carrier receiving property at a point	56836
within this state for transportation to a point within this state,	56837
shall issue a receipt or bill of lading for such property and is	56838
liable to the lawful holder of it for any loss, damage, or injury	56839
to such property caused by it or by any common carrier, railroad,	56840
or transportation company to which such property is delivered or	56841
over whose line such property passes. No contract, receipt, rule,	56842
or regulation shall exempt such common carrier, railroad, or	56843
~~transportation company~~motor carrier from the liability imposed by	56844
this section. This section does not deprive any holder of such	56845
receipt or bill of lading of any remedy or right of action which	56846
hethe holder has under existing law.	56847

The common carrier, railroad, or ~~transportation company~~motor	56848
carrier issuing such receipt or bill of lading may recover from	56849
the common carrier, railroad, or ~~transportation company~~motor	56850
carrier on whose line the loss, damage, or injury was sustained	56851
the amount of such loss, damage, or injury it is required to pay	56852
the owners of such property as is evidenced by any receipt,	56853
judgment, or transcript thereof.	56854

As used in this section, "motor carrier" has the same meaning	56855
as in section 4923.01 of the Revised Code.	56856

Sec. 5101.01. (A) As used in the Revised Code, the	56857
"department of public welfare" and the "department of human	56858
services" mean the department of job and family services and the	56859
"director of public welfare" and the "director of human services"	56860
mean the director of job and family services. Whenever the	56861
department or director of public welfare or the department or	56862
director of human services is referred to or designated in any	56863
statute, rule, contract, grant, or other document, the reference	56864
or designation shall be deemed to refer to the department or	56865
director of job and family services, as the case may be.	56866

(B) As used in this chapter ~~of the Revised Code~~:

56867

(1) References ~~to counties or~~ to a county ~~departments~~	56868
department of job and family services include ~~the~~a joint county	56869
department of job and family services established under section	56870
329.40 of the Revised Code.	56871

(2) References to ~~boards~~a board of county commissioners	56872
include ~~boards~~the board of directors of ~~the~~a joint county	56873
department of job and family services established under section	56874
329.40 of the Revised Code.	56875

Sec. 5101.46. (A) As used in this section:

56876

(1) "Title XX" means Title XX of the "Social Security Act,"	56877
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	56878

(2) "Respective local agency" means, with respect to the	56879
department of job and family services, a county department of job	56880
and family services; with respect to the department of mental	56881
health, a board of alcohol, drug addiction, and mental health	56882
services; and with respect to the department of developmental	56883
disabilities, a county board of developmental disabilities.	56884

(3) "Federal poverty guidelines" means the poverty guidelines	56885
as revised annually by the United States department of health and	56886
human services in accordance with section 673(2) of the "Omnibus	56887
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	56888
9902, as amended, for a family size equal to the size of the	56889
family of the person whose income is being determined.	56890

(B) The departments of job and family services, mental	56891
health, and developmental disabilities, with their respective	56892
local agencies, shall administer the provision of social services	56893
funded through grants made under Title XX. The social services	56894
furnished with Title XX funds shall be directed at the following	56895
goals:	56896

(1) Achieving or maintaining economic self-support to	56897
prevent, reduce, or eliminate dependency;	56898

(2) Achieving or maintaining self-sufficiency, including	56899
reduction or prevention of dependency;	56900

(3) Preventing or remedying neglect, abuse, or exploitation	56901
of children and adults unable to protect their own interests, or	56902
preserving, rehabilitating, or reuniting families;	56903

(4) Preventing or reducing inappropriate institutional care	56904
by providing for community-based care, home-based care, or other	56905
forms of less intensive care;	56906

(5) Securing referral or admission for institutional care	56907
when other forms of care are not appropriate, or providing	56908
services to individuals in institutions.	56909

(C)(1) All federal funds received under Title XX shall be	56910
appropriated as follows:	56911

(a) Seventy-two and one-half per cent to the department of	56912
job and family services;	56913

(b) Twelve and ninety-three ~~one-hundreths~~one-hundredths per	56914
cent to the department of mental health;	56915

(c) Fourteen and fifty-seven ~~one-hundreths~~one-hundredths per	56916
cent to the department of developmental disabilities.	56917

(2) Each of the state departments shall, subject to the	56918
approval of the controlling board, develop a formula for the	56919
distribution of the Title XX funds appropriated to the department	56920
to its respective local agencies. The formula developed by each	56921
state department shall take into account all of the following for	56922
each of its respective local agencies:	56923

(a) The total population of the area that is served by the	56924
respective local agency;	56925

(b) The percentage of the population in the area served that	56926
falls below the federal poverty guidelines;	56927

(c) The respective local agency's history of and ability to	56928
utilize Title XX funds.	56929

(3) Each of the state departments shall expend for state	56930
administrative costs not more than three per cent of the Title XX	56931
funds appropriated to the department.	56932

Each state department shall establish for each of its	56933
respective local agencies the maximum percentage of the Title XX	56934
funds distributed to the respective local agency that the	56935
respective local agency may expend for local administrative costs.	56936
The percentage shall be established by rule and shall comply with	56937
federal law governing the use of Title XX funds. The rules shall	56938
be adopted in accordance with section 111.15 of the Revised Code	56939
as if they were internal management rules.	56940

(4) The department of job and family services shall expend	56941
for the training of the following not more than two per cent of	56942
the Title XX funds appropriated to the department:	56943

(a) Employees of county departments of job and family	56944
services;	56945

(b) Providers of services under contract with the state	56946
departments' respective local agencies;	56947

(c) Employees of a public children services agency directly	56948
engaged in providing Title XX services.	56949

(D) The department of job and family services shall prepare a	56950
~~biennial~~an annual comprehensive Title XX social services plan on	56951
the intended use of Title XX funds. The department shall develop a	56952
method for obtaining public comment during the development of the	56953
plan and following its completion.	56954

For each ~~state~~federal fiscal year, the department of job and	56955
family services shall prepare a report on the actual use of Title	56956
XX funds. The department shall make the annual report available	56957
for public inspection.	56958

The departments of mental health and developmental	56959
disabilities shall prepare and submit to the department of job and	56960
family services the portions of each ~~biennial~~annual plan and	56961
~~annual~~ report that apply to services for mental health and mental	56962
retardation and developmental disabilities. Each respective local	56963
agency of the three state departments shall submit information as	56964
necessary for the preparation of ~~biennial~~annual plans and ~~annual~~	56965
reports.	56966

(E) Each county department of job and family services shall	56967
adopt a county profile for the administration and provision of	56968
Title XX social services in the county. In developing its county	56969
profile, the county department shall take into consideration the	56970
comments and recommendations received from the public by the	56971
county family services planning committee pursuant to section	56972
329.06 of the Revised Code. As part of its preparation of the	56973
county profile, the county department may prepare a local needs	56974
report analyzing the need for Title XX social services.	56975

The county department shall submit the county profile to the	56976
board of county commissioners for its review. Once the county	56977
profile has been approved by the board, the county department	56978
shall file a copy of the county profile with the department of job	56979
and family services. The department shall approve the county	56980
profile if the department determines the profile provides for the	56981
Title XX social services to meet the goals specified in division	56982
(B) of this section.	56983

(F) Any of the three state departments and their respective	56984
local agencies may require that an entity under contract to	56985
provide social services with Title XX funds submit to an audit on	56986
the basis of alleged misuse or improper accounting of funds. If an	56987
audit is required, the social services provider shall reimburse	56988
the state department or respective local agency for the cost it	56989
incurred in conducting the audit or having the audit conducted.	56990

If an audit demonstrates that a social services provider is	56991
responsible for one or more adverse findings, the provider shall	56992
reimburse the appropriate state department or its respective local	56993
agency the amount of the adverse findings. The amount shall not be	56994
reimbursed with Title XX funds received under this section. The	56995
three state departments and their respective local agencies may	56996
terminate or refuse to enter into a Title XX contract with a	56997
social services provider if there are adverse findings in an audit	56998
that are the responsibility of the provider.	56999

(G) Except with respect to the matters for which each of the	57000
state departments must adopt rules under division (C)(3) of this	57001
section, the department of job and family services may adopt any	57002
rules it considers necessary to implement and carry out the	57003
purposes of this section. Rules governing financial and	57004
operational matters of the department or matters between the	57005
department and county departments of job and family services shall	57006
be adopted as internal management rules in accordance with section	57007
111.15 of the Revised Code. Rules governing eligibility for	57008
services, program participation, and other matters pertaining to	57009
applicants and participants shall be adopted in accordance with	57010
Chapter 119. of the Revised Code.	57011

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	57012
Revised Code:	57013

(A) "Abuse" means the infliction upon an adult by self or	57014
others of injury, unreasonable confinement, intimidation, or cruel	57015
punishment with resulting physical harm, pain, or mental anguish.	57016

(B) "Adult" means any person sixty years of age or older	57017
within this state who is handicapped by the infirmities of aging	57018
or who has a physical or mental impairment which prevents the	57019
person from providing for the person's own care or protection, and	57020
who resides in an independent living arrangement. An "independent	57021
living arrangement" is a domicile of a person's own choosing,	57022
including, but not limited to, a private home, apartment, trailer,	57023
or rooming house. An "independent living arrangement" includes an	57024
~~adult care~~a residential facility licensed ~~pursuant to Chapter~~	57025
~~5119.~~under section 5119.22 of the Revised Code that provides	57026
accommodations, supervision, and personal care services for three	57027
to sixteen unrelated adults, but does not include other	57028
institutions or facilities licensed by the state or facilities in	57029
which a person resides as a result of voluntary, civil, or	57030
criminal commitment.	57031

(C) "Caretaker" means the person assuming the responsibility	57032
for the care of an adult on a voluntary basis, by contract,	57033
through receipt of payment for care, as a result of a family	57034
relationship, or by order of a court of competent jurisdiction.	57035

(D) "Court" means the probate court in the county where an	57036
adult resides.	57037

(E) "Emergency" means that the adult is living in conditions	57038
which present a substantial risk of immediate and irreparable	57039
physical harm or death to self or any other person.	57040

(F) "Emergency services" means protective services furnished	57041
to an adult in an emergency.	57042

(G) "Exploitation" means the unlawful or improper act of a	57043
caretaker using an adult or an adult's resources for monetary or	57044
personal benefit, profit, or gain.	57045

(H) "In need of protective services" means an adult known or	57046
suspected to be suffering from abuse, neglect, or exploitation to	57047
an extent that either life is endangered or physical harm, mental	57048
anguish, or mental illness results or is likely to result.	57049

(I) "Incapacitated person" means a person who is impaired for	57050
any reason to the extent that the person lacks sufficient	57051
understanding or capacity to make and carry out reasonable	57052
decisions concerning the person's self or resources, with or	57053
without the assistance of a caretaker. Refusal to consent to the	57054
provision of services shall not be the sole determinative that the	57055
person is incapacitated. "Reasonable decisions" are decisions made	57056
in daily living which facilitate the provision of food, shelter,	57057
clothing, and health care necessary for life support.	57058

(J) "Mental illness" means a substantial disorder of thought,	57059
mood, perception, orientation, or memory that grossly impairs	57060
judgment, behavior, capacity to recognize reality, or ability to	57061
meet the ordinary demands of life.	57062

(K) "Neglect" means the failure of an adult to provide for	57063
self the goods or services necessary to avoid physical harm,	57064
mental anguish, or mental illness or the failure of a caretaker to	57065
provide such goods or services.	57066

(L) "Peace officer" means a peace officer as defined in	57067
section 2935.01 of the Revised Code.	57068

(M) "Physical harm" means bodily pain, injury, impairment, or	57069
disease suffered by an adult.	57070

(N) "Protective services" means services provided by the	57071
county department of job and family services or its designated	57072
agency to an adult who has been determined by evaluation to	57073
require such services for the prevention, correction, or	57074
discontinuance of an act of as well as conditions resulting from	57075
abuse, neglect, or exploitation. Protective services may include,	57076
but are not limited to, case work services, medical care, mental	57077
health services, legal services, fiscal management, home health	57078
care, homemaker services, housing-related services, guardianship	57079
services, and placement services as well as the provision of such	57080
commodities as food, clothing, and shelter.	57081

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	57082
and Friday, except when such day is a holiday as defined in	57083
section 1.14 of the Revised Code.	57084

Sec. 5101.61. (A) As used in this section:

57085

(1) "Senior service provider" means any person who provides	57086
care or services to a person who is an adult as defined in	57087
division (B) of section 5101.60 of the Revised Code.	57088

(2) "Ambulatory health facility" means a nonprofit, public or	57089
proprietary freestanding organization or a unit of such an agency	57090
or organization that:	57091

(a) Provides preventive, diagnostic, therapeutic,	57092
rehabilitative, or palliative items or services furnished to an	57093
outpatient or ambulatory patient, by or under the direction of a	57094
physician or dentist in a facility which is not a part of a	57095
hospital, but which is organized and operated to provide medical	57096
care to outpatients;	57097

(b) Has health and medical care policies which are developed	57098
with the advice of, and with the provision of review of such	57099
policies, an advisory committee of professional personnel,	57100
including one or more physicians, one or more dentists, if dental	57101
care is provided, and one or more registered nurses;	57102

(c) Has a medical director, a dental director, if dental care	57103
is provided, and a nursing director responsible for the execution	57104
of such policies, and has physicians, dentists, nursing, and	57105
ancillary staff appropriate to the scope of services provided;	57106

(d) Requires that the health care and medical care of every	57107
patient be under the supervision of a physician, provides for	57108
medical care in a case of emergency, has in effect a written	57109
agreement with one or more hospitals and other centers or clinics,	57110
and has an established patient referral system to other resources,	57111
and a utilization review plan and program;	57112

(e) Maintains clinical records on all patients;

57113

(f) Provides nursing services and other therapeutic services	57114
in accordance with programs and policies, with such services	57115
supervised by a registered professional nurse, and has a	57116
registered professional nurse on duty at all times of clinical	57117
operations;	57118

(g) Provides approved methods and procedures for the	57119
dispensing and administration of drugs and biologicals;	57120

(h) Has established an accounting and record keeping system	57121
to determine reasonable and allowable costs;	57122

(i) "Ambulatory health facilities" also includes an	57123
alcoholism treatment facility approved by the joint commission on	57124
accreditation of healthcare organizations as an alcoholism	57125
treatment facility or certified by the department of alcohol and	57126
drug addiction services, and such facility shall comply with other	57127
provisions of this division not inconsistent with such	57128
accreditation or certification.	57129

(3) "Community mental health facility" means a facility which	57130
provides community mental health services and is included in the	57131
comprehensive mental health plan for the alcohol, drug addiction,	57132
and mental health service district in which it is located.	57133

(4) "Community mental health service" means services, other	57134
than inpatient services, provided by a community mental health	57135
facility.	57136

(5) "Home health agency" means an institution or a distinct	57137
part of an institution operated in this state which:	57138

(a) Is primarily engaged in providing home health services;

57139

(b) Has home health policies which are established by a group	57140
of professional personnel, including one or more duly licensed	57141
doctors of medicine or osteopathy and one or more registered	57142
professional nurses, to govern the home health services it	57143
provides and which includes a requirement that every patient must	57144
be under the care of a duly licensed doctor of medicine or	57145
osteopathy;	57146

(c) Is under the supervision of a duly licensed doctor of	57147
medicine or doctor of osteopathy or a registered professional	57148
nurse who is responsible for the execution of such home health	57149
policies;	57150

(d) Maintains comprehensive records on all patients;

57151

(e) Is operated by the state, a political subdivision, or an	57152
agency of either, or is operated not for profit in this state and	57153
is licensed or registered, if required, pursuant to law by the	57154
appropriate department of the state, county, or municipality in	57155
which it furnishes services; or is operated for profit in this	57156
state, meets all the requirements specified in divisions (A)(5)(a)	57157
to (d) of this section, and is certified under Title XVIII of the	57158
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	57159
amended.	57160

(6) "Home health service" means the following items and	57161
services, provided, except as provided in division (A)(6)(g) of	57162
this section, on a visiting basis in a place of residence used as	57163
the patient's home:	57164

(a) Nursing care provided by or under the supervision of a	57165
registered professional nurse;	57166

(b) Physical, occupational, or speech therapy ordered by the	57167
patient's attending physician;	57168

(c) Medical social services performed by or under the	57169
supervision of a qualified medical or psychiatric social worker	57170
and under the direction of the patient's attending physician;	57171

(d) Personal health care of the patient performed by aides in	57172
accordance with the orders of a doctor of medicine or osteopathy	57173
and under the supervision of a registered professional nurse;	57174

(e) Medical supplies and the use of medical appliances;

57175

(f) Medical services of interns and residents-in-training	57176
under an approved teaching program of a nonprofit hospital and	57177
under the direction and supervision of the patient's attending	57178
physician;	57179

(g) Any of the foregoing items and services which:

57180

(i) Are provided on an outpatient basis under arrangements	57181
made by the home health agency at a hospital or skilled nursing	57182
facility;	57183

(ii) Involve the use of equipment of such a nature that the	57184
items and services cannot readily be made available to the patient	57185
in the patient's place of residence, or which are furnished at the	57186
hospital or skilled nursing facility while the patient is there to	57187
receive any item or service involving the use of such equipment.	57188

Any attorney, physician, osteopath, podiatrist, chiropractor,	57189
dentist, psychologist, any employee of a hospital as defined in	57190
section 3701.01 of the Revised Code, any nurse licensed under	57191
Chapter 4723. of the Revised Code, any employee of an ambulatory	57192
health facility, any employee of a home health agency, any	57193
employee of ~~an adult care~~a residential facility ~~as defined in~~	57194
licensed under section ~~5119.70~~5119.22 of the Revised Code that	57195
provides accommodations, supervision, and personal care services	57196
for three to sixteen unrelated adults, any employee of a nursing	57197
home, residential care facility, or home for the aging, as defined	57198
in section 3721.01 of the Revised Code, any senior service	57199
provider, any peace officer, coroner, ~~clergyman~~member of the	57200
clergy, any employee of a community mental health facility, and	57201
any person engaged in social work or counseling having reasonable	57202
cause to believe that an adult is being abused, neglected, or	57203
exploited, or is in a condition which is the result of abuse,	57204
neglect, or exploitation shall immediately report such belief to	57205
the county department of job and family services. This section	57206
does not apply to employees of any hospital or public hospital as	57207
defined in section 5122.01 of the Revised Code.	57208

(B) Any person having reasonable cause to believe that an	57209
adult has suffered abuse, neglect, or exploitation may report, or	57210
cause reports to be made of such belief to the department.	57211

(C) The reports made under this section shall be made orally	57212
or in writing except that oral reports shall be followed by a	57213
written report if a written report is requested by the department.	57214
Written reports shall include:	57215

(1) The name, address, and approximate age of the adult who	57216
is the subject of the report;	57217

(2) The name and address of the individual responsible for	57218
the adult's care, if any individual is, and if the individual is	57219
known;	57220

(3) The nature and extent of the alleged abuse, neglect, or	57221
exploitation of the adult;	57222

(4) The basis of the reporter's belief that the adult has	57223
been abused, neglected, or exploited.	57224

(D) Any person with reasonable cause to believe that an adult	57225
is suffering abuse, neglect, or exploitation who makes a report	57226
pursuant to this section or who testifies in any administrative or	57227
judicial proceeding arising from such a report, or any employee of	57228
the state or any of its subdivisions who is discharging	57229
responsibilities under section 5101.62 of the Revised Code shall	57230
be immune from civil or criminal liability on account of such	57231
investigation, report, or testimony, except liability for perjury,	57232
unless the person has acted in bad faith or with malicious	57233
purpose.	57234

(E) No employer or any other person with the authority to do	57235
so shall discharge, demote, transfer, prepare a negative work	57236
performance evaluation, or reduce benefits, pay, or work	57237
privileges, or take any other action detrimental to an employee or	57238
in any way retaliate against an employee as a result of the	57239
employee's having filed a report under this section.	57240

(F) Neither the written or oral report provided for in this	57241
section nor the investigatory report provided for in section	57242
5101.62 of the Revised Code shall be considered a public record as	57243
defined in section 149.43 of the Revised Code. Information	57244
contained in the report shall upon request be made available to	57245
the adult who is the subject of the report, to agencies authorized	57246
by the department to receive information contained in the report,	57247
and to legal counsel for the adult.	57248

Sec. 5104.012. (A)(1) At the times specified in this	57249
division, the administrator of a child day-care center or a type A	57250
family day-care home shall request the superintendent of the	57251
bureau of criminal identification and investigation to conduct a	57252
criminal records check with respect to any applicant who has	57253
applied to the center or type A home for employment as a person	57254
responsible for the care, custody, or control of a child.	57255

The administrator shall request a criminal records check	57256
pursuant to this division at the time of the applicant's initial	57257
application for employment and every four years thereafter. When	57258
the administrator requests pursuant to this division a criminal	57259
records check for an applicant at the time of the applicant's	57260
initial application for employment, the administrator shall	57261
request that the superintendent obtain information from the	57262
federal bureau of investigation as a part of the criminal records	57263
check for the applicant, including fingerprint-based checks of	57264
national crime information databases as described in 42 U.S.C.	57265
671, for the person subject to the criminal records check. In all	57266
other cases in which the administrator requests a criminal records	57267
check for an applicant pursuant to this division, the	57268
administrator may request that the superintendent include	57269
information from the federal bureau of investigation in the	57270
criminal records check, including fingerprint-based checks of	57271
national crime information databases as described in 42 U.S.C.	57272
671.	57273

(2) A person required by division (A)(1) of this section to	57274
request a criminal records check shall provide to each applicant a	57275
copy of the form prescribed pursuant to division (C)(1) of section	57276
109.572 of the Revised Code, provide to each applicant a standard	57277
impression sheet to obtain fingerprint impressions prescribed	57278
pursuant to division (C)(2) of section 109.572 of the Revised	57279
Code, obtain the completed form and impression sheet from each	57280
applicant, and forward the completed form and impression sheet to	57281
the superintendent of the bureau of criminal identification and	57282
investigation at the time the person requests a criminal records	57283
check pursuant to division (A)(1) of this section. On and after	57284
August 14, 2008, the administrator of a child day-care center or a	57285
type A family day-care home shall review the results of the	57286
criminal records check before the applicant has sole	57287
responsibility for the care, custody, or control of any child.	57288

(3) An applicant who receives pursuant to division (A)(2) of	57289
this section a copy of the form prescribed pursuant to division	57290
(C)(1) of section 109.572 of the Revised Code and a copy of an	57291
impression sheet prescribed pursuant to division (C)(2) of that	57292
section and who is requested to complete the form and provide a	57293
set of fingerprint impressions shall complete the form or provide	57294
all the information necessary to complete the form and shall	57295
provide the impression sheet with the impressions of the	57296
applicant's fingerprints. If an applicant, upon request, fails to	57297
provide the information necessary to complete the form or fails to	57298
provide impressions of the applicant's fingerprints, the center or	57299
type A home shall not employ that applicant for any position for	57300
which a criminal records check is required by division (A)(1) of	57301
this section.	57302

(B)(1) Except as provided in rules adopted under division (E)	57303
of this section, no child day-care center or type A family	57304
day-care home shall employ or contract with another entity for the	57305
services of a person as a person responsible for the care,	57306
custody, or control of a child if the person previously has been	57307
convicted of or pleaded guilty to any of the violations described	57308
in division (A)~~(9)~~(6) of section 109.572 of the Revised Code.	57309

(2) A child day-care center or type A family day-care home	57310
may employ an applicant conditionally until the criminal records	57311
check required by this section is completed and the center or home	57312
receives the results of the criminal records check. If the results	57313
of the criminal records check indicate that, pursuant to division	57314
(B)(1) of this section, the applicant does not qualify for	57315
employment, the center or home shall release the applicant from	57316
employment.	57317

(C)(1) Each child day-care center and type A family day-care	57318
home shall pay to the bureau of criminal identification and	57319
investigation the fee prescribed pursuant to division (C)(3) of	57320
section 109.572 of the Revised Code for each criminal records	57321
check conducted in accordance with that section upon the request	57322
pursuant to division (A)(1) of this section of the administrator	57323
or provider of the center or home.	57324

(2) A child day-care center and type A family day-care home	57325
may charge an applicant a fee for the costs it incurs in obtaining	57326
a criminal records check under this section. A fee charged under	57327
this division shall not exceed the amount of fees the center or	57328
home pays under division (C)(1) of this section. If a fee is	57329
charged under this division, the center or home shall notify the	57330
applicant at the time of the applicant's initial application for	57331
employment of the amount of the fee and that, unless the fee is	57332
paid, the center or type A home will not consider the applicant	57333
for employment.	57334

(D) The report of any criminal records check conducted by the	57335
bureau of criminal identification and investigation in accordance	57336
with section 109.572 of the Revised Code and pursuant to a request	57337
under division (A)(1) of this section is not a public record for	57338
the purposes of section 149.43 of the Revised Code and shall not	57339
be made available to any person other than the applicant who is	57340
the subject of the criminal records check or the applicant's	57341
representative; the center or type A home requesting the criminal	57342
records check or its representative; the department of job and	57343
family services or a county department of job and family services;	57344
and any court, hearing officer, or other necessary individual	57345
involved in a case dealing with the denial of employment to the	57346
applicant.	57347

(E) The director of job and family services shall adopt rules	57348
pursuant to Chapter 119. of the Revised Code to implement this	57349
section, including rules specifying circumstances under which a	57350
center or home may hire a person who has been convicted of an	57351
offense listed in division (B)(1) of this section but who meets	57352
standards in regard to rehabilitation set by the department.	57353

(F) Any person required by division (A)(1) of this section to	57354
request a criminal records check shall inform each person, at the	57355
time of the person's initial application for employment, that the	57356
person is required to provide a set of impressions of the person's	57357
fingerprints and that a criminal records check is required to be	57358
conducted and satisfactorily completed in accordance with section	57359
109.572 of the Revised Code if the person comes under final	57360
consideration for appointment or employment as a precondition to	57361
employment for that position.	57362

(G) As used in this section:

57363

(1) "Applicant" means a person who is under final	57364
consideration for appointment to or employment in a position with	57365
a child day-care center or a type A family day-care home as a	57366
person responsible for the care, custody, or control of a child;	57367
an in-home aide certified pursuant to section 5104.12 of the	57368
Revised Code; or any person who would serve in any position with a	57369
child day-care center or a type A family day-care home as a person	57370
responsible for the care, custody, or control of a child pursuant	57371
to a contract with another entity.	57372

(2) "Criminal records check" has the same meaning as in	57373
section 109.572 of the Revised Code.	57374

Sec. 5104.013. (A)(1) At the times specified in division	57375
(A)(3) of this section, the director of job and family services,	57376
as part of the process of licensure of child day-care centers and	57377
type A family day-care homes, shall request the superintendent of	57378
the bureau of criminal identification and investigation to conduct	57379
a criminal records check with respect to the following persons:	57380

(a) Any owner, licensee, or administrator of a child day-care	57381
center;	57382

(b) Any owner, licensee, or administrator of a type A family	57383
day-care home and any person eighteen years of age or older who	57384
resides in a type A family day-care home.	57385

(2) At the times specified in division (A)(3) of this	57386
section, the director of a county department of job and family	57387
services, as part of the process of certification of type B family	57388
day-care homes, shall request the superintendent of the bureau of	57389
criminal identification and investigation to conduct a criminal	57390
records check with respect to any authorized provider of a	57391
certified type B family day-care home and any person eighteen	57392
years of age or older who resides in a certified type B family	57393
day-care home.	57394

(3) The director of job and family services shall request a	57395
criminal records check pursuant to division (A)(1) of this section	57396
at the time of the initial application for licensure and every	57397
four years thereafter. The director of a county department of job	57398
and family services shall request a criminal records check	57399
pursuant to division (A)(2) of this section at the time of the	57400
initial application for certification and every four years	57401
thereafter at the time of a certification renewal. When the	57402
director of job and family services or the director of a county	57403
department of job and family services requests pursuant to	57404
division (A)(1) or (2) of this section a criminal records check	57405
for a person at the time of the person's initial application for	57406
licensure or certification, the director shall request that the	57407
superintendent of the bureau of criminal identification and	57408
investigation obtain information from the federal bureau of	57409
investigation as a part of the criminal records check for the	57410
person, including fingerprint-based checks of national crime	57411
information databases as described in 42 U.S.C. 671 for the person	57412
subject to the criminal records check. In all other cases in which	57413
the director of job and family services or the director of a	57414
county department of job and family services requests a criminal	57415
records check for an applicant pursuant to division (A)(1) or (2)	57416
of this section, the director may request that the superintendent	57417
include information from the federal bureau of investigation in	57418
the criminal records check, including fingerprint-based checks of	57419
national crime information databases as described in 42 U.S.C.	57420
671.	57421

(4) The director of job and family services shall review the	57422
results of a criminal records check subsequent to a request made	57423
pursuant to divisions (A)(1) and (3) of this section prior to	57424
approval of a license. The director of a county department of job	57425
and family services shall review the results of a criminal records	57426
check subsequent to a request made pursuant to divisions (A)(2)	57427
and (3) of this section prior to approval of certification.	57428

(B) The director of job and family services or the director	57429
of a county department of job and family services shall provide to	57430
each person for whom a criminal records check is required under	57431
this section a copy of the form prescribed pursuant to division	57432
(C)(1) of section 109.572 of the Revised Code and a standard	57433
impression sheet to obtain fingerprint impressions prescribed	57434
pursuant to division (C)(2) of that section, obtain the completed	57435
form and impression sheet from that person, and forward the	57436
completed form and impression sheet to the superintendent of the	57437
bureau of criminal identification and investigation.	57438

(C) A person who receives pursuant to division (B) of this	57439
section a copy of the form and standard impression sheet described	57440
in that division and who is requested to complete the form and	57441
provide a set of fingerprint impressions shall complete the form	57442
or provide all the information necessary to complete the form and	57443
shall provide the impression sheet with the impressions of the	57444
person's fingerprints. If the person, upon request, fails to	57445
provide the information necessary to complete the form or fails to	57446
provide impressions of the person's fingerprints, the director may	57447
consider the failure as a reason to deny licensure or	57448
certification.	57449

(D) Except as provided in rules adopted under division (G) of	57450
this section, the director of job and family services shall not	57451
grant a license to a child day-care center or type A family	57452
day-care home and a county director of job and family services	57453
shall not certify a type B family day-care home if a person for	57454
whom a criminal records check was required in connection with the	57455
center or home previously has been convicted of or pleaded guilty	57456
to any of the violations described in division (A)~~(9)~~(6) of	57457
section 109.572 of the Revised Code.	57458

(E) Each child day-care center, type A family day-care home,	57459
and type B family day-care home shall pay to the bureau of	57460
criminal identification and investigation the fee prescribed	57461
pursuant to division (C)(3) of section 109.572 of the Revised Code	57462
for each criminal records check conducted in accordance with that	57463
section upon a request made pursuant to division (A) of this	57464
section.	57465

(F) The report of any criminal records check conducted by the	57466
bureau of criminal identification and investigation in accordance	57467
with section 109.572 of the Revised Code and pursuant to a request	57468
made under division (A) of this section is not a public record for	57469
the purposes of section 149.43 of the Revised Code and shall not	57470
be made available to any person other than the person who is the	57471
subject of the criminal records check or the person's	57472
representative, the director of job and family services, the	57473
director of a county department of job and family services, the	57474
center, type A home, or type B home involved, and any court,	57475
hearing officer, or other necessary individual involved in a case	57476
dealing with a denial of licensure or certification related to the	57477
criminal records check.	57478

(G) The director of job and family services shall adopt rules	57479
pursuant to Chapter 119. of the Revised Code to implement this	57480
section, including rules specifying exceptions to the prohibition	57481
in division (D) of this section for persons who have been	57482
convicted of an offense listed in that division but who meet	57483
standards in regard to rehabilitation set by the ~~department~~	57484
director.	57485

(H) As used in this section, "criminal records check" has the	57486
same meaning as in section 109.572 of the Revised Code.	57487

Sec. 5104.051. (A)(1) The department of commerce is	57488
responsible for the inspections of child day-care centers as	57489
required by division (A)(1) of section 5104.05 of the Revised	57490
Code. Where there is a municipal, township, or county building	57491
department certified under section 3781.10 of the Revised Code to	57492
exercise enforcement authority with respect to the category of	57493
building occupancy which includes day-care centers, all	57494
inspections required under division (A)(1) of section 5104.05 of	57495
the Revised Code shall be made by that department according to the	57496
standards established by the board of building standards.	57497
Inspections in areas of the state where there is no municipal,	57498
township, or county building department certified under section	57499
3781.10 of the Revised Code to exercise enforcement authority with	57500
respect to the category of building occupancy which includes	57501
day-care centers shall be made by personnel of the department of	57502
commerce. Inspections of centers shall be contingent upon payment	57503
of a fee by the applicant to the department having jurisdiction to	57504
inspect.	57505

(2) The department of commerce is responsible for the	57506
inspections of type A family day-care homes as required by	57507
division (B)(3) of section 5104.05 of the Revised Code. Where	57508
there is a municipal, township, or county building department	57509
certified under section 3781.10 of the Revised Code to exercise	57510
enforcement authority with respect to the category of building	57511
occupancy which includes type A homes, all inspections required	57512
under division (B)(3) of section 5104.05 of the Revised Code shall	57513
be made by that department according to the standards established	57514
by the board of building standards. Inspections in areas of the	57515
state where there is no municipal, township, or county building	57516
department certified under section 3781.10 of the Revised Code to	57517
exercise enforcement authority with respect to the category of	57518
building occupancy which includes type A homes shall be made by	57519
personnel of the department of commerce. Inspections of type A	57520
homes shall be contingent upon payment of a fee by the applicant	57521
to the department having jurisdiction to inspect.	57522

(B) The state fire marshal is responsible for the inspections	57523
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	57524
Revised Code. In municipal corporations and in townships outside	57525
municipal corporations where there is a fire prevention official,	57526
the inspections shall be made by the fire chief or the fire	57527
prevention official under the supervision of and according to the	57528
standards established by the state fire marshal. In townships	57529
outside municipal corporations where there is no fire prevention	57530
official, inspections shall be made by the employees of the state	57531
fire marshal.	57532

(C) The state fire marshal shall enforce all statutes and	57533
rules pertaining to fire safety and fire prevention in child	57534
day-care centers and type A family day-care homes. In the event of	57535
a dispute between the state fire marshal and any other responsible	57536
officer under sections 5104.05 and 5104.051 of the Revised Code	57537
with respect to the interpretation or application of a specific	57538
fire safety statute or rule, the interpretation of the state fire	57539
marshal shall prevail.	57540

(D) As used in this division, "licensor" has the same meaning	57541
as in section 3717.01 of the Revised Code.	57542

The licensor for food service operations in the city or	57543
general health district in which the center is located is	57544
responsible for the inspections required under Chapter 3717. of	57545
the Revised Code.	57546

(E) Any moneys collected by the department of commerce under	57547
this section shall be paid into the state treasury to the credit	57548
of the ~~labor~~industrial compliance operating fund created in	57549
section 121.084 of the Revised Code.	57550

Sec. 5104.09. (A)(1) Except as provided in rules adopted	57551
pursuant to division (D) of this section, no individual who has	57552
been convicted of or pleaded guilty to a violation described in	57553
division (A)~~(9)~~(6) of section 109.572 of the Revised Code, a	57554
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	57555
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	57556
of the Revised Code or a violation of an existing or former law or	57557
ordinance of any municipal corporation, this state, any other	57558
state, or the United States that is substantially equivalent to	57559
any of those violations, or two violations of section 4511.19 of	57560
the Revised Code during operation of the center or home shall be	57561
certified as an in-home aide or be employed in any capacity in or	57562
own or operate a child day-care center, type A family day-care	57563
home, type B family day-care home, or certified type B family	57564
day-care home.	57565

(2) Each employee of a child day-care center and type A home	57566
and every person eighteen years of age or older residing in a type	57567
A home shall sign a statement on forms prescribed by the director	57568
of job and family services attesting to the fact that the employee	57569
or resident person has not been convicted of or pleaded guilty to	57570
any offense set forth in division (A)(1) of this section and that	57571
no child has been removed from the employee's or resident person's	57572
home pursuant to section 2151.353 of the Revised Code. Each	57573
licensee of a type A home shall sign a statement on a form	57574
prescribed by the director attesting to the fact that no person	57575
who resides at the type A home and who is under the age of	57576
eighteen has been adjudicated a delinquent child for committing a	57577
violation of any section listed in division (A)(1) of this	57578
section. The statements shall be kept on file at the center or	57579
type A home.	57580

(3) Each in-home aide and every person eighteen years of age	57581
or older residing in a certified type B home shall sign a	57582
statement on forms prescribed by the director of job and family	57583
services attesting that the aide or resident person has not been	57584
convicted of or pleaded guilty to any offense set forth in	57585
division (A)(1) of this section and that no child has been removed	57586
from the aide's or resident person's home pursuant to section	57587
2151.353 of the Revised Code. Each authorized provider shall sign	57588
a statement on forms prescribed by the director attesting that the	57589
provider has not been convicted of or pleaded guilty to any	57590
offense set forth in division (A)(1) of this section and that no	57591
child has been removed from the provider's home pursuant to	57592
section 2151.353 of the Revised Code. Each authorized provider	57593
shall sign a statement on a form prescribed by the director	57594
attesting to the fact that no person who resides at the certified	57595
type B home and who is under the age of eighteen has been	57596
adjudicated a delinquent child for committing a violation of any	57597
section listed in division (A)(1) of this section. The statements	57598
shall be kept on file at the county department of job and family	57599
services.	57600

(4) Each administrator and licensee of a center or type A	57601
home shall sign a statement on a form prescribed by the director	57602
of job and family services attesting that the administrator or	57603
licensee has not been convicted of or pleaded guilty to any	57604
offense set forth in division (A)(1) of this section and that no	57605
child has been removed from the administrator's or licensee's home	57606
pursuant to section 2151.353 of the Revised Code. The statement	57607
shall be kept on file at the center or type A home.	57608

(B) No in-home aide, no administrator, licensee, authorized	57609
provider, or employee of a center, type A home, or certified type	57610
B home, and no person eighteen years of age or older residing in a	57611
type A home or certified type B home shall withhold information	57612
from, or falsify information on, any statement required pursuant	57613
to division (A)(2), (3), or (4) of this section.	57614

(C) No administrator, licensee, or child-care staff member	57615
shall discriminate in the enrollment of children in a child	57616
day-care center upon the basis of race, color, religion, sex, or	57617
national origin.	57618

(D) The director of job and family services shall adopt rules	57619
pursuant to Chapter 119. of the Revised Code to implement this	57620
section, including rules specifying exceptions to the prohibition	57621
in division (A) of this section for persons who have been	57622
convicted of an offense listed in that division but meet	57623
rehabilitation standards set by the ~~department~~director.	57624

Sec. 5104.37. (A) As used in this section, "eligible	57625
provider" means an individual or entity eligible to provide	57626
publicly funded child care pursuant to section 5104.31 of the	57627
Revised Code.	57628

(B) The department of job and family services may withhold	57629
any money due,under this chapter and recover through any	57630
appropriate method any money erroneously paid, under this chapter	57631
if evidence exists of less than full compliance with this chapter	57632
and any rules adopted under it.	57633

(C) Notwithstanding any other provision of this chapter to	57634
the contrary, the department shall take action against an eligible	57635
provider as described in this section.	57636

(D) The department immediately shall suspend a contract	57637
entered into with an eligible provider under section 5104.32 of	57638
the Revised Code when the department initiates an investigation	57639
concerning the eligible provider for either of the following	57640
reasons:	57641

(1) The eligible provider receives an improper child care	57642
payment.	57643

(2) The department receives notice and a copy of an	57644
indictment, information, or complaint charging the eligible	57645
provider or the owner or operator of the provider with committing	57646
any of the following:	57647

(a) An act that is a felony or misdemeanor relating to	57648
providing or billing for publicly funded child care or providing	57649
management or administrative services relating to providing	57650
publicly funded child care;	57651

(b) An act that would constitute an offense described in	57652
section 5104.09 of the Revised Code.	57653

(E)(1) Except as provided in division (E)(2) of this section,	57654
the suspension of a contract under division (D) of this section	57655
shall continue until the department completes its investigation or	57656
all criminal charges are disposed of through dismissal, a finding	57657
of not guilty, conviction, or a plea of guilty.	57658

(2) If the department initiates the termination of a contract	57659
that has been suspended pursuant to division (D) of this section,	57660
the suspension shall continue until the termination process is	57661
completed.	57662

(F) An eligible provider shall not provide publicly funded	57663
child care while the provider's contract is under suspension	57664
pursuant to division (D) of this section. As of the date the	57665
eligible provider's contract is suspended, the department shall	57666
withhold payment to the eligible provider for publicly funded	57667
child care.	57668

(G) Not later than five days after suspending an eligible	57669
provider's contract pursuant to division (D) of this section, the	57670
department shall notify the eligible provider. The notice shall	57671
include all of the following:	57672

(1) A description of the investigation or indictment,	57673
information, or complaint that resulted in the suspension, which	57674
need not disclose specific information concerning any ongoing	57675
administrative or criminal investigation;	57676

(2) A statement that the eligible provider is prohibited from	57677
providing publicly funded child care while the contract is under	57678
suspension;	57679

(3) A statement that the suspension will continue until the	57680
department completes its investigation or all criminal charges are	57681
disposed of through dismissal, a finding of not guilty,	57682
conviction, or a plea of guilty, and that if the department	57683
initiates the termination of the contract, the suspension will	57684
continue until the termination process is completed.	57685

Sec. 5107.05. The director of job and family services shall	57686
adopt rules to implement this chapter. The rules shall be	57687
consistent with Title IV-A, Title IV-D, federal regulations, state	57688
law, the Title IV-A state plan submitted to the United States	57689
secretary of health and human services under section 5101.80 of	57690
the Revised Code, amendments to the plan, and waivers granted by	57691
the United States secretary. Rules governing eligibility, program	57692
participation, and other applicant and participant requirements	57693
shall be adopted in accordance with Chapter 119. of the Revised	57694
Code. Rules governing financial and other administrative	57695
requirements applicable to the department of job and family	57696
services and county departments of job and family services shall	57697
be adopted in accordance with section 111.15 of the Revised Code.	57698

(A) The rules shall specify, establish, or govern all of the	57699
following:	57700

(1) A payment standard for Ohio works first based on federal	57701
and state appropriations that is increased in accordance with	57702
section 5107.04 of the Revised Code;	57703

(2) For the purpose of section 5107.04 of the Revised Code,	57704
the method of determining the amount of cash assistance an	57705
assistance group receives under Ohio works first;	57706

(3) Requirements for initial and continued eligibility for	57707
Ohio works first, including requirements regarding income,	57708
citizenship, age, residence, and assistance group composition;	57709

(4) For the purpose of section 5107.12 of the Revised Code,	57710
application and verification procedures, including the minimum	57711
information an application must contain;	57712

(5) The extent to which a participant of Ohio works first	57713
must notify, pursuant to section 5107.12 of the Revised Code, a	57714
county department of job and family services of additional income	57715
not previously reported to the county department;	57716

(6) For the purpose of section 5107.16 of the Revised Code,	57717
all of the following:	57718

(a) Standards for the determination of good cause for failure	57719
or refusal to comply in full with a provision of a	57720
self-sufficiency contract;	57721

(b) The compliance form a member of an assistance group may	57722
complete to indicate willingness to come into full compliance with	57723
a provision of a self-sufficiency contract;	57724

(c) The manner by which the compliance form is to be	57725
completed and provided to a county department of job and family	57726
services.	57727

(7) The department of job and family services providing	57728
written notice of a sanction under section 5107.161 of the Revised	57729
Code;	57730

(8) For the purpose of division (A)(2) of section 5107.17 of	57731
the Revised Code, the period of time by which a county department	57732
of job and family services is to receive a compliance form	57733
established in rules adopted under division (A)(6)(b) of this	57734
section;	57735

(9) Requirements for the collection and distribution of	57736
support payments owed participants of Ohio works first pursuant to	57737
section 5107.20 of the Revised Code;	57738

(10) For the purpose of section 5107.22 of the Revised Code,	57739
what constitutes cooperating in establishing a minor child's	57740
paternity or establishing, modifying, or enforcing a child support	57741
order and good cause for failure or refusal to cooperate;	57742

(11) The requirements governing the LEAP program, including	57743
the definitions of "equivalent of a high school diploma" and "good	57744
cause," and the incentives provided under the LEAP program;	57745

(12) If the director implements section 5107.301 of the	57746
Revised Code, the requirements governing the award provided under	57747
that section, including the form that the award is to take and	57748
requirements an individual must satisfy to receive the award;	57749

(13) Circumstances under which a county department of job and	57750
family services may exempt a minor head of household or adult from	57751
participating in a work activity or developmental activity for all	57752
or some of the weekly hours otherwise required by section 5107.43	57753
of the Revised Code.	57754

(14) The maximum amount of time the department will subsidize	57755
positions created by state agencies and political subdivisions	57756
under division (C) of section 5107.52 of the Revised Code;	57757

(15) The implementation of sections 5107.71 to 5107.717 of	57758
the Revised Code by county departments of job and family services;	57759

(16) A domestic violence screening process to be used for the	57760
purpose of division (A) of section 5107.71 of the Revised Code;	57761

(17) The minimum frequency with which county departments of	57762
job and family services must redetermine a member of an assistance	57763
group's need for a waiver issued under section 5107.714 of the	57764
Revised Code.	57765

(B) The rules adopted under division (A)(3) of this section	57766
regarding income shall specify what is countable income, gross	57767
earned income, and gross unearned income for the purpose of	57768
section 5107.10 of the Revised Code.	57769

The rules adopted under division (A)(10) of this section	57770
shall be consistent with 42 U.S.C. 654(29).	57771

The rules adopted under division (A)(13) of this section	57772
shall specify that the circumstances include that a school or	57773
place of work is closed due to a holiday or weather or other	57774
emergency and that an employer grants the minor head of household	57775
or adult leave for illness or earned vacation.	57776

(C) The rules may provide that a county department of job and	57777
family services is not required to take action under section	57778
5107.76 of the Revised Code to recover an erroneous payment ~~that~~	57779
~~is below an amount the department specifies~~under circumstances	57780
the rules specify.	57781

Sec. 5111.031. (A) As used in this section:

57782

(1) "Independent provider" has the same meaning as in section	57783
5111.034 of the Revised Code.	57784

(2) "Intermediate care facility for the mentally retarded"	57785
and "nursing facility" have the same meanings as in section	57786
5111.20 of the Revised Code.	57787

(3) "Noninstitutional medicaid provider" means any person or	57788
entity with a medicaid provider agreement other than a hospital,	57789
nursing facility, or intermediate care facility for the mentally	57790
retarded.	57791

(4) "Owner" means any person having at least five per cent	57792
ownership in a noninstitutional medicaid provider.	57793

(B) Notwithstanding any provision of this chapter to the	57794
contrary, the department of job and family services shall take	57795
action under this section against a noninstitutional medicaid	57796
provider or its owner, officer, authorized agent, associate,	57797
manager, or employee.	57798

(C) Except as provided in division (D) of this section and in	57799
rules adopted by the department under division (H) of this	57800
section, on receiving notice and a copy of an indictment that is	57801
issued on or after September 29, 2007, and charges a	57802
noninstitutional medicaid provider or its owner, officer,	57803
authorized agent, associate, manager, or employee with committing	57804
an offense specified in division (E) of this section, the	57805
department shall suspend the provider agreement held by the	57806
noninstitutional medicaid provider. Subject to division (D) of	57807
this section, the department shall also terminate medicaid	57808
reimbursement to the provider for services rendered.	57809

The suspension shall continue in effect until the proceedings	57810
in the criminal case are completed through dismissal of the	57811
indictment or through conviction, entry of a guilty plea, or	57812
finding of not guilty. If the department commences a process to	57813
terminate the suspended provider agreement, the suspension shall	57814
also continue in effect until the termination process is	57815
concluded.	57816

Pursuant to section 5111.06 of the Revised Code, the	57817
department is not required to take action under this division by	57818
issuing an order pursuant to an adjudication conducted in	57819
accordance with Chapter 119. of the Revised Code.	57820

When subject to a suspension under this division, a provider,	57821
owner, officer, authorized agent, associate, manager, or employee	57822
shall not own or provide services to any other medicaid provider	57823
or risk contractor or arrange for, render, or order services for	57824
medicaid recipients during the period of suspension. During the	57825
period of suspension, the provider, owner, officer, authorized	57826
agent, associate, manager, or employee shall not receive	57827
reimbursement in the form of direct payments from the department	57828
or indirect payments of medicaid funds in the form of salary,	57829
shared fees, contracts, kickbacks, or rebates from or through any	57830
participating provider or risk contractor.	57831

(D)(1) The department shall not suspend a provider agreement	57832
or terminate medicaid reimbursement under division (C) of this	57833
section if the provider or owner can demonstrate through the	57834
submission of written evidence that the provider or owner did not	57835
directly or indirectly sanction the action of its authorized	57836
agent, associate, manager, or employee that resulted in the	57837
indictment.	57838

(2) The termination of medicaid reimbursement applies only to	57839
payments for medicaid services rendered subsequent to the date on	57840
which the notice required under division (F) of this section is	57841
sent. Claims for reimbursement for medicaid services rendered by	57842
the provider prior to the issuance of the notice may be subject to	57843
prepayment review procedures whereby the department reviews claims	57844
to determine whether they are supported by sufficient	57845
documentation, are in compliance with state and federal statutes	57846
and rules, and are otherwise complete.	57847

(E)(1) In the case of a noninstitutional medicaid provider	57848
that is not an independent provider, the suspension of a provider	57849
agreement under division (C) of this section applies when an	57850
indictment charges a person with committing an act that would be a	57851
felony or misdemeanor under the laws of this state and the act	57852
relates to or results from either of the following:	57853

(a) Furnishing or billing for medical care, services, or	57854
supplies under the medicaid program;	57855

(b) Participating in the performance of management or	57856
administrative services relating to furnishing medical care,	57857
services, or supplies under the medicaid program.	57858

(2) In the case of a noninstitutional medicaid provider that	57859
is an independent provider, the suspension of a provider agreement	57860
under division (C) of this section applies when an indictment	57861
charges a person with committing an act that would constitute ~~one~~	57862
~~of the offenses specified in division (D) of~~a disqualifying	57863
offense as defined in section ~~5111.034~~5111.032 of the Revised	57864
Code.	57865

(F) Not later than five days after suspending a provider	57866
agreement under division (C) of this section, the department shall	57867
send notice of the suspension to the affected provider or owner.	57868
In providing the notice, the department shall do all of the	57869
following:	57870

(1) Describe the indictment that was the cause of the	57871
suspension, without necessarily disclosing specific information	57872
concerning any ongoing civil or criminal investigation;	57873

(2) State that the suspension will continue in effect until	57874
the proceedings in the criminal case are completed through	57875
dismissal of the indictment or through conviction, entry of a	57876
guilty plea, or finding of not guilty and, if the department	57877
commences a process to terminate the suspended provider agreement,	57878
until the termination process is concluded;	57879

(3) Inform the provider or owner of the opportunity to submit	57880
to the department, not later than thirty days after receiving the	57881
notice, a request for a reconsideration pursuant to division (G)	57882
of this section.	57883

(G)(1) Pursuant to the procedure specified in division (G)(2)	57884
of this section, a noninstitutional medicaid provider or owner	57885
subject to a suspension under this section may request a	57886
reconsideration. The request shall be made not later than thirty	57887
days after receipt of the notice provided under division (F) of	57888
this section. The reconsideration is not subject to an	57889
adjudication hearing pursuant to Chapter 119. of the Revised Code.	57890

(2) In requesting a reconsideration, the provider or owner	57891
shall submit written information and documents to the department.	57892
The information and documents may pertain to any of the following	57893
issues:	57894

(a) Whether the determination to suspend the provider	57895
agreement was based on a mistake of fact, other than the validity	57896
of the indictment;	57897

(b) Whether any offense charged in the indictment resulted	57898
from an offense specified in division (E) of this section;	57899

(c) Whether the provider or owner can demonstrate that the	57900
provider or owner did not directly or indirectly sanction the	57901
action of its authorized agent, associate, manager, or employee	57902
that resulted in the indictment.	57903

(3) The department shall review the information and documents	57904
submitted in a request for reconsideration. After the review, the	57905
suspension may be affirmed, reversed, or modified, in whole or in	57906
part. The department shall notify the affected provider or owner	57907
of the results of the review. The review and notification of its	57908
results shall be completed not later than forty-five days after	57909
receiving the information and documents submitted in a request for	57910
reconsideration.	57911

(H) The department may adopt rules in accordance with Chapter	57912
119. of the Revised Code to implement this section. The rules may	57913
specify circumstances under which the department would not suspend	57914
a provider agreement pursuant to this section.	57915

Sec. 5111.032. (A) As used in this section:

57916

(1) "Criminal records check" has the same meaning as in	57917
section 109.572 of the Revised Code.	57918

(2) ~~"Department" includes a designee of the department of job~~	57919
~~and family services.~~	57920

~~(3)~~"Disqualifying offense" means any of the following:

57921

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	57922
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	57923
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	57924
2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04,	57925
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	57926
2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	57927
2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	57928
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02,	57929
2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32,	57930
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	57931
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,	57932
2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23,	57933
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24,	57934
2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122,	57935
2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42,	57936
2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09,	57937
2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	57938
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	57939

(b) Felonious sexual penetration in violation of former	57940
section 2907.12 of the Revised Code;	57941

(c) A violation of section 2905.04 of the Revised Code as it	57942
existed prior to July 1, 1996;	57943

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	57944
the Revised Code when the underlying offense that is the object of	57945
the conspiracy, attempt, or complicity is one of the offenses	57946
listed in division (A)(2)(a) to (c) of this section;	57947

(e) A violation of an existing or former municipal ordinance	57948
or law of this state, any other state, or the United States that	57949
is substantially equivalent to any of the offenses listed in	57950
division (A)(2)(a) to (d) of this section.	57951

(3) "Owner" means a person who has an ownership interest in a	57952
provider or applicant to be a provider in an amount designated by	57953
~~the department of job and family services~~ in rules adopted under	57954
this section.	57955

(4) "Person subject to the criminal records check	57956
requirement" means the following:	57957

(a) A provider or applicant to be a provider who is notified	57958
under division (E)(1) of this section that the provider or	57959
applicant is subject to a criminal records check;	57960

(b) An owner or prospective owner, officer or prospective	57961
officer, or board member or prospective board member of a provider	57962
or applicant to be a provider if, pursuant to division (E)(1)(a)	57963
of this section, the owner or prospective owner, officer or	57964
prospective officer, or board member or prospective board member	57965
is specified in information given to the provider or applicant	57966
under division (E)(1) of this section;	57967

(c) An employee or prospective employee of a provider or	57968
applicant to be a provider if both of the following apply:	57969

(i) The employee or prospective employee is specified,	57970
pursuant to division (E)(1)(b) of this section, in information	57971
given to the provider or applicant under division (E)(1) of this	57972
section.	57973

(ii) The provider or applicant is not prohibited by division	57974
(D)(3)(b) of this section from employing the employee or	57975
prospective employee.	57976

(5) "Provider" means a person, institution, or entity that	57977
has a medicaid provider agreement with the department of job and	57978
family services ~~pursuant to Title XIX of the "Social Security~~	57979
~~Act," 49 State. 620 (1965), 42 U.S.C. 1396, as amended~~.	57980

(6) "Responsible entity" means the following:

57981

(a) With respect to a criminal records check required under	57982
this section for a provider or applicant to be a provider, the	57983
department of job and family services or the department's	57984
designee;	57985

(b) With respect to a criminal records check required under	57986
this section for an owner or prospective owner, officer or	57987
prospective officer, board member or prospective board member, or	57988
employee or prospective employee of a provider or applicant to be	57989
a provider, the provider or applicant.	57990

(B)~~(1) Except as provided in division (B)(2) of this section,~~	57991
~~the~~This section does not apply to any individual who is subject	57992
to a criminal records check under section 3712.09, 3721.121,	57993
5111.034, 5123.081, or 5123.169 of the Revised Code or any	57994
individual who is subject to a database review or criminal records	57995
check under section 173.394, 3701.881, or 5111.033 of the Revised	57996
Code.	57997

(C) The department of job and family services may ~~require~~do	57998
any of the following:	57999

(1) Require that any provider,or applicant to be a provider,	58000
~~employee or prospective employee of a provider, owner or~~	58001
~~prospective owner of a provider, officer or prospective officer of~~	58002
~~a provider, or board member or prospective board member of a~~	58003
~~provider~~ submit to a criminal records check as a condition of	58004
~~obtaining~~having a medicaid provider agreement~~, continuing to hold~~	58005
~~a provider agreement, being employed by a provider, having an~~	58006
~~ownership interest in a provider, or being an officer or board~~	58007
~~member of a provider. The department may designate the categories~~	58008
~~of persons who are subject to the criminal records check~~	58009
~~requirement. The department shall designate the times at which the~~	58010
~~criminal records checks must be conducted.~~	58011

~~(2) The section does not apply to providers, applicants to be~~	58012
~~providers, employees of a provider, or prospective employees of a~~	58013
~~provider who are subject to criminal records checks under section~~	58014
~~5111.033 or 5111.034 of the Revised Code~~;	58015

(2) Require that any provider or applicant to be a provider	58016
require an owner or prospective owner, officer or prospective	58017
officer, or board member or prospective board member of the	58018
provider or applicant submit to a criminal records check as a	58019
condition of being an owner, officer, or board member of the	58020
provider or applicant;	58021

(3) Require that any provider or applicant to be a provider	58022
do the following:	58023

(a) If so required by rules adopted under this section,	58024
determine pursuant to a database review conducted under division	58025
(F)(1)(a) of this section whether any employee or prospective	58026
employee of the provider or applicant is included in a database;	58027

(b) Unless the provider or applicant is prohibited by	58028
division (D)(3)(b) of this section from employing the employee or	58029
prospective employee, require the employee or prospective employee	58030
to submit to a criminal records check as a condition of being an	58031
employee of the provider or applicant.	58032

(D)(1) The department or the department's designee shall	58033
terminate a provider's medicaid provider agreement or deny an	58034
applicant's application for a medicaid provider agreement if the	58035
provider or applicant is a person subject to the criminal records	58036
check requirement and either of the following applies:	58037

(a) The provider or applicant fails to obtain the criminal	58038
records check after being given the information specified in	58039
division (G)(1) of this section.	58040

(b) Except as provided in rules adopted under this section,	58041
the provider or applicant is found by the criminal records check	58042
to have been convicted of, pleaded guilty to, or been found	58043
eligible for intervention in lieu of conviction for a	58044
disqualifying offense, regardless of the date of the conviction,	58045
the date of entry of the guilty plea, or the date the applicant or	58046
provider was found eligible for intervention in lieu of	58047
conviction.	58048

(2) No provider or applicant to be a provider shall permit a	58049
person to be an owner, officer, or board member of the provider or	58050
applicant if the person is a person subject to the criminal	58051
records check requirement and either of the following applies:	58052

(a) The person fails to obtain the criminal records check	58053
after being given the information specified in division (G)(1) of	58054
this section.	58055

(b) Except as provided in rules adopted under this section,	58056
the person is found by the criminal records check to have been	58057
convicted of, pleaded guilty to, or been found eligible for	58058
intervention in lieu of conviction for a disqualifying offense,	58059
regardless of the date of the conviction, the date of entry of the	58060
guilty plea, or the date the person was found eligible for	58061
intervention in lieu of conviction.	58062

(3) No provider or applicant to be a provider shall employ a	58063
person if any of the following apply:	58064

(a) The person has been excluded from providing services or	58065
items under the medicaid program, the medicare program operated	58066
pursuant to Title XVIII of the "Social Security Act," or any other	58067
federal health care program.	58068

(b) If the person is subject to a database review conducted	58069
under division (F)(1)(a) of this section, the person is found by	58070
the database review to be included in a database and the rules	58071
adopted under this section regarding the database review prohibit	58072
the provider or applicant from employing a person included in the	58073
database.	58074

(c) If the person is a person subject to the criminal records	58075
check requirement, either of the following applies:	58076

(i) The person fails to obtain the criminal records check	58077
after being given the information specified in division (G)(1) of	58078
this section.	58079

(ii) Except as provided in rules adopted under this section,	58080
the person is found by the criminal records check to have been	58081
convicted of, pleaded guilty to, or been found eligible for	58082
intervention in lieu of conviction for a disqualifying offense,	58083
regardless of the date of the conviction, the date of entry of the	58084
guilty plea, or the date the person was found eligible for	58085
intervention in lieu of conviction.	58086

~~(C)~~(E)(1) The department or the department's designee shall	58087
inform each provider or applicant to be a provider whether the	58088
provider or applicant is subject to a criminal records check	58089
~~requirement under division (B) of this section~~. For providers, the	58090
information shall be given at times designated in rules adopted	58091
under this section. For applicants to be providers, the	58092
information shall be given at the time of initial application.	58093
When the information is given, the department or the department's	58094
designee shall specify ~~which~~the following:	58095

(a) Which of the provider's or applicant's ~~employees or~~	58096
~~prospective employees,~~ owners or prospective owners, officers or	58097
prospective officers, or board members or prospective board	58098
members are subject to ~~the~~a criminal records check ~~requirement~~;	58099

(b) Which of the provider's or applicant's employees or	58100
prospective employees are subject to division (C)(3) of this	58101
section.	58102

(2) At times designated in rules adopted under this section,	58103
a provider or applicant to be a provider that is a person subject	58104
to the criminal records check requirement shall ~~inform~~do the	58105
following:	58106

(a) Inform each person specified ~~by the department~~ under	58107
division ~~(C)(1)~~(E)(1)(a) of this section that the person is	58108
required~~, as applicable,~~ to submit to a criminal records check ~~for~~	58109
~~final consideration for employment in a full-time, part-time, or~~	58110
~~temporary position; as a condition of continued employment; or~~ as	58111
a condition of ~~becoming or continuing to be~~being an owner,	58112
officer, or board member ~~or owner~~ of athe provider or applicant;	58113

(b) Inform each person specified under division (E)(1)(b) of	58114
this section that the person is subject to division (C)(3) of this	58115
section.	58116

~~(D)~~(F)(1) If a provider or applicant to be a provider is a	58117
person subject to athe criminal records check ~~under this section~~	58118
requirement, the department or the department's designee shall	58119
require the conduct of a criminal records check by the	58120
superintendent of the bureau of criminal identification and	58121
~~investigation. If a provider or applicant to be a provider for~~	58122
~~whom a criminal records check is required does not present proof~~	58123
~~of having been a resident of this state for the five-year period~~	58124
~~immediately prior to the date the criminal records check is~~	58125
~~requested or provide evidence that within that five-year period~~	58126
~~the superintendent has requested information about the individual~~	58127
~~from the federal bureau of investigation in a criminal records~~	58128
~~check, the department shall require the provider or applicant to~~	58129
~~request that the superintendent obtain information from the~~	58130
~~federal bureau of investigation as part of the criminal records~~	58131
~~check of the provider or applicant. Even if a provider or~~	58132
~~applicant for whom a criminal records check request is required~~	58133
~~presents proof of having been a resident of this state for the~~	58134
~~five-year period, the department may require that the provider or~~	58135
~~applicant request that the superintendent obtain information from~~	58136
~~the federal bureau of investigation and include it in the criminal~~	58137
~~records check of the provider or applicant.~~	58138

~~(2)~~investigation. A provider or applicant to be a provider	58139
shall require the conduct of a criminal records check by the	58140
superintendent with respect to each of the persons specified by	58141
~~the department~~ under division ~~(C)(1)~~(E)(1)(a) of this section. If	58142
~~the person for whom a criminal records check is required does not~~	58143
~~present proof of having been a resident of this state for the~~	58144
~~five-year period immediately prior to the date the criminal~~	58145
~~records check is requested or provide evidence that within that~~	58146
~~five-year period the superintendent of the bureau of criminal~~	58147
~~identification and investigation has requested information about~~	58148
~~the individual from the federal bureau of investigation in a~~	58149
~~criminal records check, the individual shall request that the~~	58150
~~superintendent obtain information from the federal bureau of~~	58151
~~investigation as part of the criminal records check of the~~	58152
~~individual. Even if an individual for whom a criminal records~~	58153
~~check request is required presents proof of having been a resident~~	58154
~~of this state for the five-year period, the department may require~~	58155
~~the provider to request that the superintendent obtain information~~	58156
~~from the federal bureau of investigation and include it in the~~	58157
~~criminal records check of the person.~~With respect to each	58158
employee and prospective employee specified under division	58159
(E)(1)(b) of this section, a provider or applicant to be a	58160
provider shall do the following:	58161

(a) If rules adopted under this section require the provider	58162
or applicant to conduct a database review to determine whether the	58163
employee or prospective employee is included in a database,	58164
conduct the database review in accordance with the rules;	58165

(b) Unless the provider or applicant is prohibited by	58166
division (D)(3)(b) of this section from employing the employee or	58167
prospective employee, require the conduct of a criminal records	58168
check of the employee or prospective employee by the	58169
superintendent.	58170

(2) If a person subject to the criminal records check	58171
requirement does not present proof of having been a resident of	58172
this state for the five-year period immediately prior to the date	58173
the criminal records check is requested or provide evidence that	58174
within that five-year period the superintendent has requested	58175
information about the person from the federal bureau of	58176
investigation in a criminal records check, the responsible entity	58177
shall require the person to request that the superintendent obtain	58178
information from the federal bureau of investigation as part of	58179
the criminal records check of the person. Even if the person	58180
presents proof of having been a resident of this state for the	58181
five-year period, the responsible entity may require that the	58182
person request that the superintendent obtain information from the	58183
federal bureau of investigation and include it in the criminal	58184
records check of the person.	58185

~~(E)(1)~~(G) Criminal records checks required ~~under~~by this	58186
section ~~for providers or applicants to be providers~~ shall be	58187
obtained as follows:	58188

~~(a)~~(1) The ~~department~~responsible entity shall provide each	58189
~~provider or applicant~~person subject to the criminal records check	58190
requirement information about accessing and completing the form	58191
prescribed pursuant to division (C)(1) of section 109.572 of the	58192
Revised Code and the standard ~~fingerprint~~ impression sheet	58193
prescribed pursuant to division (C)(2) of that section.	58194

~~(b)~~(2) The ~~provider or applicant~~person subject to the	58195
criminal records check requirement shall submit the required form	58196
and one complete set of the person's fingerprint impressions	58197
directly to the superintendent for purposes of conducting the	58198
criminal records check using the applicable methods prescribed by	58199
division (C) of section 109.572 of the Revised Code. The ~~applicant~~	58200
~~or provider~~person shall pay all fees associated with obtaining	58201
the criminal records check.	58202

~~(c)~~(3) The superintendent shall conduct the criminal records	58203
check in accordance with section 109.572 of the Revised Code. The	58204
~~provider or applicant~~person subject to the criminal records check	58205
requirement shall instruct the superintendent to submit the report	58206
of the criminal records check directly to the ~~director of job and~~	58207
~~family services.~~	58208

~~(2) Criminal records checks required under this section for~~	58209
~~persons specified by the department under division (C)(1) of this~~	58210
~~section shall be obtained as follows:~~	58211

~~(a) The provider shall give to each person subject to~~	58212
~~criminal records check requirement information about accessing and~~	58213
~~completing the form prescribed pursuant to division (C)(1) of~~	58214
~~section 109.572 of the Revised Code and the standard fingerprint~~	58215
~~impression sheet prescribed pursuant to division (C)(2) of that~~	58216
~~section.~~	58217

~~(b) The person shall submit the required form and one~~	58218
~~complete set of fingerprint impressions directly to the~~	58219
~~superintendent for purposes of conducting the criminal records~~	58220
~~check using the applicable methods prescribed by division (C) of~~	58221
~~section 109.572 of the Revised Code. The person shall pay all fees~~	58222
~~associated with obtaining the criminal records check.~~	58223

~~(c) The superintendent shall conduct the criminal records~~	58224
~~check in accordance with section 109.572 of the Revised Code. The~~	58225
~~person subject to the criminal records check shall instruct the~~	58226
~~superintendent to submit the report of the criminal records check~~	58227
~~directly to the provider~~responsible entity. ~~The~~If the department	58228
or the department's designee is not the responsible entity, the	58229
department or designee may require the ~~provider~~responsible entity	58230
to submit the report to the department or designee.	58231

~~(F) If a provider or applicant to be a provider is given the~~	58232
~~information specified in division (E)(1)(a) of this section but~~	58233
~~fails to obtain a criminal records check, the department shall, as~~	58234
~~applicable, terminate the provider agreement or deny the~~	58235
~~application to be a provider.~~	58236

~~If a person is given the information specified in division~~	58237
~~(E)(2)(a) of this section but fails to obtain a criminal records~~	58238
~~check, the provider shall not, as applicable, permit the person to~~	58239
~~be an employee, owner, officer, or board member of the provider.~~	58240

~~(G) Except as provided in rules adopted under division (J) of~~	58241
~~this section, the department shall terminate the provider~~	58242
~~agreement of a provider or the department shall not issue a~~	58243
~~provider agreement to an applicant if the provider or applicant is~~	58244
~~subject to a criminal records check under this section and the~~	58245
~~provider or applicant has been convicted of, has pleaded guilty~~	58246
~~to, or has been found eligible for intervention in lieu of~~	58247
~~conviction for any of the following, regardless of the date of the~~	58248
~~conviction, the date of entry of the guilty plea, or the date the~~	58249
~~applicant or provider was found eligible for intervention in lieu~~	58250
~~of conviction:~~	58251

~~(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	58252
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	58253
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	58254
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	58255
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	58256
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	58257
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	58258
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	58259
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	58260
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	58261
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	58262
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	58263
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	58264
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	58265
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	58266
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	58267
~~penetration in violation of former section 2907.12 of the Revised~~	58268
~~Code, a violation of section 2905.04 of the Revised Code as it~~	58269
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	58270
~~the Revised Code that would have been a violation of section~~	58271
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	58272
~~had the violation been committed prior to that date;~~	58273

~~(2) A violation of an existing or former municipal ordinance~~	58274
~~or law of this state, any other state, or the United States that~~	58275
~~is substantially equivalent to any of the offenses listed in~~	58276
~~division (G)(1) of this section.~~	58277

~~(H)(1)(a) Except as provided in rules adopted under division~~	58278
~~(J) of this section and subject to division (H)(2) of this~~	58279
~~section, no provider shall permit a person to be an employee,~~	58280
~~owner, officer, or board member of the provider if the person is~~	58281
~~subject to a criminal records check under this section and the~~	58282
~~person has been convicted of, has pleaded guilty to, or has been~~	58283
~~found eligible for intervention in lieu of conviction for any of~~	58284
~~the offenses specified in division (G)(1) or (2) of this section.~~	58285

~~(b) No provider shall employ a person who has been excluded~~	58286
~~from participating in the medicaid program, the medicare program~~	58287
~~operated pursuant to Title XVIII of the "Social Security Act," or~~	58288
~~any other federal health care program.~~	58289

~~(2)(a)~~(H)(1) A provider or applicant to be a provider may	58290
employ conditionally a person for whom a criminal records check is	58291
required ~~under~~by this section prior to obtaining the results of a	58292
the criminal records check ~~regarding the person, but only~~ if ~~the~~	58293
both of the following apply:	58294

(a) The provider or applicant is not prohibited by division	58295
(D)(3)(b) of this section from employing the person.	58296

(b) The person submits a request for athe criminal records	58297
check not later than five business days after the ~~individual~~	58298
person begins conditional employment.	58299

~~(b)~~(2) A provider or applicant to be a provider that employs	58300
a person conditionally under ~~authority of~~ division (H)~~(2)(a)~~(1)	58301
of this section shall terminate the person's employment if the	58302
results of the criminal records check request are not obtained	58303
within the period ending sixty days after the date the request is	58304
made. Regardless of when the results of the criminal records check	58305
are obtained, if the results indicate that the ~~individual~~person	58306
has been convicted of, has pleaded guilty to, or has been found	58307
eligible for intervention in lieu of conviction for ~~any of the~~	58308
~~offenses specified in division (G)(1) or (2) of this section~~a	58309
disqualifying offense, the provider or applicant shall terminate	58310
the person's employment unless circumstances specified in rules	58311
adopted under this section exist that permit the provider or	58312
applicant to employ the person and the provider or applicant	58313
chooses to employ the ~~individual pursuant to division (J) of this~~	58314
~~section~~person.	58315

(I) The report of a criminal records check conducted pursuant	58316
to this section is not a public record for the purposes of section	58317
149.43 of the Revised Code and shall not be made available to any	58318
person other than the following:	58319

(1) The person who is the subject of the criminal records	58320
check or the person's representative;	58321

(2) The director of job and family services and the staff of	58322
the department in the administration of the medicaid program;	58323

(3) The department's designee;

58324

(4) The provider or applicant to be a provider who required	58325
the person who is the subject of the criminal records check to	58326
submit to the criminal records check;	58327

(5) A court, hearing officer, or other necessary individual	58328
involved in a case dealing with ~~the~~any of the following:	58329

(a) The denial or termination of a medicaid provider	58330
agreement;	58331

~~(4) A court, hearing officer, or other necessary individual~~	58332
~~involved in a case dealing with a~~(b) A person's denial of	58333
employment, termination of employment, or employment or	58334
unemployment benefits;	58335

(c) A civil or criminal action regarding the medicaid	58336
program.	58337

(J) The ~~department~~director of job and family services may	58338
adopt rules in accordance with Chapter 119. of the Revised Code to	58339
implement this section. If the director adopts such rules, the	58340
rules shall designate the times at which a criminal records check	58341
must be conducted under this section. The rules may ~~specify~~do	58342
any of the following:	58343

(1) Designate the categories of persons who are subject to a	58344
criminal records check under this section;	58345

(2) Specify circumstances under which the department or the	58346
department's designee may continue a medicaid provider agreement	58347
or issue a medicaid provider agreement to an applicant when the	58348
provider or applicant ~~has~~is found by a criminal records check to	58349
have been convicted of, ~~has~~ pleaded guilty to, or ~~has~~ been found	58350
eligible for intervention in lieu of conviction for ~~any of the~~	58351
~~offenses specified in division (G)(1) or (2) of this section. The~~	58352
~~rules may also specify~~a disqualifying offense;	58353

(3) Specify circumstances under which a provider or applicant	58354
to be a provider may permit a person to be an employee, owner,	58355
officer, or board member of the provider or applicant, when the	58356
person ~~has~~is found by a criminal records check conducted	58357
pursuant to this section to have been convicted of, ~~has~~ pleaded	58358
guilty to, or ~~has~~ been found eligible for intervention in lieu of	58359
conviction for ~~any of the offenses specified in division (G)(1) or~~	58360
~~(2) of this section~~a disqualifying offense;	58361

(4) Specify all of the following:

58362

(a) The circumstances under which a database review must be	58363
conducted under division (F)(1)(a) of this section to determine	58364
whether an employee or prospective employee of a provider or	58365
applicant to be a provider is included in a database;	58366

(b) The procedures for conducting the database review;

58367

58368

(d) The circumstances under which a provider or applicant to	58369
be a provider is prohibited from employing a person who is found	58370
by the database review to be included in a database.	58371

Sec. 5111.033. (A) As used in this section:

58372

~~(1)~~ "Applicant" means a person who is under final	58373
consideration for employment ~~or, after September 26, 2003, an~~	58374
~~existing employee~~ with a waiver agency in a full-time, part-time,	58375
or temporary position that involves providing home and	58376
community-based ~~waiver~~ services ~~to a person with disabilities~~.	58377
~~"Applicant" also means an existing employee with a waiver agency~~	58378
~~in a full-time, part-time, or temporary position that involves~~	58379
~~providing home and community-based waiver services to a person~~	58380
~~with disabilities after September 26, 2003~~.	58381

~~(2)~~ "Criminal records check" has the same meaning as in	58382
section 109.572 of the Revised Code.	58383

~~(3) "Waiver agency" means a person or government entity that~~	58384
~~is not certified under the medicare program and is accredited by~~	58385
~~the community health accreditation program or the joint commission~~	58386
~~on accreditation of health care organizations or a company that~~	58387
~~provides home and community-based waiver services to persons with~~	58388
~~disabilities through department of job and family services~~	58389
~~administered home and community-based waiver programs.~~	58390

~~(4) "Home~~"Disqualifying offense" has the same meaning as in	58391
section 5111.032 of the Revised Code.	58392

"Employee" means a person employed by a waiver agency in a	58393
full-time, part-time, or temporary position that involves	58394
providing home and community-based services.	58395

"Home and community-based ~~waiver~~ services medicaid waiver	58396
component" ~~means services furnished under the provision of 42~~	58397
~~C.F.R. 441, subpart G, that permit individuals to live in a home~~	58398
~~setting rather than a nursing facility or hospital~~has the same	58399
meaning as in section 5111.85 of the Revised Code. ~~Home and~~	58400
~~community-based waiver services are approved by the centers for~~	58401
~~medicare and medicaid for specific populations and are not~~	58402
~~otherwise available under the medicaid state plan.~~	58403

"Waiver agency" means a person or government entity that	58404
provides home and community-based services under a home and	58405
community-based services medicaid waiver component administered by	58406
the department of job and family services, other than such a	58407
person or government entity that is certified under the medicare	58408
program. "Waiver agency" does not mean an independent provider as	58409
defined in section 5111.034 of the Revised Code.	58410

(B) No waiver agency shall employ an applicant or continue to	58411
employ an employee in a position that involves providing home and	58412
community-based services if any of the following apply:	58413

(1) A review of the databases listed in division (D) of this	58414
section reveals any of the following:	58415

(a) That the applicant or employee is included in one or more	58416
of the databases listed in divisions (D)(1) to (5) of this	58417
section;	58418

(b) That there is in the state nurse aide registry	58419
established under section 3721.32 of the Revised Code a statement	58420
detailing findings by the director of health that the applicant or	58421
employee neglected or abused a long-term care facility or	58422
residential care facility resident or misappropriated property of	58423
such a resident;	58424

(c) That the applicant or employee is included in one or more	58425
of the databases, if any, specified in rules adopted under this	58426
section and the rules prohibit the waiver agency from employing an	58427
applicant or continuing to employ an employee included in such a	58428
database in a position that involves providing home and	58429
community-based services.	58430

(2) After the applicant or employee is given the information	58431
and notification required by divisions (E)(2)(a) and (b) of this	58432
section, the applicant or employee fails to do either of the	58433
following:	58434

(a) Access, complete, or forward to the superintendent of the	58435
bureau of criminal identification and investigation the form	58436
prescribed to division (C)(1) of section 109.572 of the Revised	58437
Code or the standard impression sheet prescribed pursuant to	58438
division (C)(2) of that section;	58439

(b) Instruct the superintendent to submit the completed	58440
report of the criminal records check required by this section	58441
directly to the chief administrator of the waiver agency.	58442

(3) Except as provided in rules adopted under this section,	58443
the applicant or employee is found by a criminal records check	58444
required by this section to have been convicted of, pleaded guilty	58445
to, or been found eligible for intervention in lieu of conviction	58446
for a disqualifying offense, regardless of the date of the	58447
conviction, date of entry of the guilty plea, or the date the	58448
applicant or employee was found eligible for intervention in lieu	58449
of conviction.	58450

(C) At the time of each applicant's initial application for	58451
employment in a position that involves providing home and	58452
community-based services, the chief administrator of a waiver	58453
agency shall inform the applicant of both of the following:	58454

(1) That a review of the databases listed in division (D) of	58455
this section will be conducted to determine whether the waiver	58456
agency is prohibited by division (B)(1) of this section from	58457
employing the applicant in the position;	58458

(2) That, unless the database review reveals that the	58459
applicant may not be employed in the position, a criminal records	58460
check of the applicant will be conducted and the applicant is	58461
required to provide a set of the applicant's fingerprint	58462
impressions as part of the criminal records check.	58463

(D) As a condition of employing any applicant in a position	58464
that involves providing home and community-based services, the	58465
chief administrator of a waiver agency shall conduct a database	58466
review of the applicant in accordance with rules adopted under	58467
this section. If rules adopted under this section so require, the	58468
chief administrator of a waiver agency shall conduct a database	58469
review of an employee in accordance with the rules as a condition	58470
of continuing to employ the employee in a position that involves	58471
providing home and community-based services. A database review	58472
shall determine whether the applicant or employee is included in	58473
any of the following:	58474

(1) The excluded parties list system maintained by the United	58475
States general services administration pursuant to subpart 9.4 of	58476
the federal acquisition regulation;	58477

(2) The list of excluded individuals and entities maintained	58478
by the office of inspector general in the United States department	58479
of health and human services pursuant to section 1128 of the	58480
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	58481
amended, and section 1156 of the "Social Security Act," 96 Stat.	58482
388 (1982), 42 U.S.C. 1320c-5, as amended;	58483

(3) The registry of MR/DD employees established under section	58484
5123.52 of the Revised Code;	58485

(4) The internet-based sex offender and child-victim offender	58486
database established under division (A)(11) of section 2950.13 of	58487
the Revised Code;	58488

(5) The internet-based database of inmates established under	58489
section 5120.66 of the Revised Code;	58490

(6) The state nurse aide registry established under section	58491
3721.32 of the Revised Code;	58492

(7) Any other database, if any, specified in rules adopted	58493
under this section.	58494

(E)(1) ~~The~~As a condition of employing any applicant in a	58495
position that involves providing home and community-based	58496
services, the chief administrator of a waiver agency shall require	58497
~~each~~the applicant to request that the superintendent of the	58498
bureau of criminal identification and investigation conduct a	58499
criminal records check ~~with respect to~~of the applicant. If rules	58500
adopted under this section so require, the chief administrator of	58501
a waiver agency shall require an employee to request that the	58502
superintendent conduct a criminal records check of the employee at	58503
times specified in the rules as a condition of continuing to	58504
employ the employee in a position that involves providing home and	58505
community-based services. However, a criminal records check is not	58506
required for an applicant or employee if the waiver agency is	58507
prohibited by division (B)(1) of this section from employing the	58508
applicant or continuing to employ the employee in a position that	58509
involves providing home and community-based services. If an	58510
applicant or employee for whom a criminal records check request is	58511
required ~~under this division~~by this section does not present	58512
proof of having been a resident of this state for the five-year	58513
period immediately prior to the date the criminal records check is	58514
requested or provide evidence that within that five-year period	58515
the superintendent has requested information about the applicant	58516
or employee from the federal bureau of investigation in a criminal	58517
records check, the chief administrator shall require the applicant	58518
or employee to request that the superintendent obtain information	58519
from the federal bureau of investigation as part of the criminal	58520
records check ~~of the applicant~~. Even if an applicant or employee	58521
for whom a criminal records check request is required ~~under this~~	58522
~~division~~by this section presents proof of having been a resident	58523
of this state for the five-year period, the chief administrator	58524
may require the applicant or employee to request that the	58525
superintendent include information from the federal bureau of	58526
investigation in the criminal records check.	58527

(2) The chief administrator shall provide the following to	58528
each applicant and employee for whom a criminal records check	58529
~~request~~ is required ~~under division (B)(1) of~~by this section:	58530

(a) Information about accessing, completing, and forwarding	58531
to the superintendent of the bureau of criminal identification and	58532
investigation the form prescribed pursuant to division (C)(1) of	58533
section 109.572 of the Revised Code and the standard ~~fingerprint~~	58534
impression sheet prescribed pursuant to division (C)(2) of that	58535
section;	58536

(b) Written notification that the applicant or employee is to	58537
instruct the superintendent to submit the completed report of the	58538
criminal records check directly to the chief administrator.	58539

(3) ~~An applicant given information and notification under~~	58540
~~divisions (B)(2)(a) and (b) of this section who fails to access,~~	58541
~~complete, and forward to the superintendent the form or the~~	58542
~~standard fingerprint impression sheet, or who fails to instruct~~	58543
~~the superintendent to submit the completed report of the criminal~~	58544
~~records check directly to the chief administrator, shall not be~~	58545
~~employed in any position in a waiver agency for which a criminal~~	58546
~~records check is required by this section.~~A waiver agency shall	58547
pay to the bureau of criminal identification and investigation the	58548
fee prescribed pursuant to division (C)(3) of section 109.572 of	58549
the Revised Code for any criminal records check required by this	58550
section. However, a waiver agency may require an applicant to pay	58551
to the bureau the fee for a criminal records check of the	58552
applicant. If the waiver agency pays the fee for an applicant, it	58553
may charge the applicant a fee not exceeding the amount the waiver	58554
agency pays to the bureau under this section if the waiver agency	58555
notifies the applicant at the time of initial application for	58556
employment of the amount of the fee and that, unless the fee is	58557
paid, the applicant will not be considered for employment.	58558

~~(C)(1) Except as provided in rules adopted by the department~~	58559
~~of job and family services in accordance with division (F) of this~~	58560
~~section and subject to division (C)(2) of this section, no waiver~~	58561
~~agency shall employ a person in a position that involves providing~~	58562
~~home and community-based waiver services to persons with~~	58563
~~disabilities if the person has been convicted of, has pleaded~~	58564
~~guilty to, or has been found eligible for intervention in lieu of~~	58565
~~conviction for any of the following, regardless of the date of the~~	58566
~~conviction, the date of entry of the guilty plea, or the date the~~	58567
~~person was found eligible for intervention in lieu of conviction:~~	58568

~~(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	58569
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	58570
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	58571
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	58572
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	58573
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	58574
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	58575
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	58576
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	58577
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	58578
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	58579
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	58580
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	58581
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	58582
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	58583
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	58584
~~penetration in violation of former section 2907.12 of the Revised~~	58585
~~Code, a violation of section 2905.04 of the Revised Code as it~~	58586
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	58587
~~the Revised Code that would have been a violation of section~~	58588
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	58589
~~had the violation been committed prior to that date;~~	58590

~~(b) A violation of an existing or former municipal ordinance~~	58591
~~or law of this state, any other state, or the United States that~~	58592
~~is substantially equivalent to any of the offenses listed in~~	58593
~~division (C)(1)(a) of this section.~~	58594

~~(2)(a)~~(F)(1) A waiver agency may employ conditionally an	58595
applicant for whom a criminal records check ~~request~~ is required	58596
~~under division (B) of~~by this section prior to obtaining the	58597
results of athe criminal records check ~~regarding the individual,~~	58598
~~provided that the~~if both of the following apply:	58599

(a) The waiver agency is not prohibited by division (B)(1) of	58600
this section from employing the applicant in a position that	58601
involves providing home and community-based services.	58602

(b) The chief administrator of the waiver agency ~~shall~~	58603
~~require~~requires the ~~individual~~applicant to request a criminal	58604
records check regarding the ~~individual~~applicant in accordance	58605
with division ~~(B)~~(E)(1) of this section not later than five	58606
business days after the ~~individual~~applicant begins conditional	58607
employment.	58608

~~(b)~~(2) A waiver agency that employs an ~~individual~~applicant	58609
conditionally under ~~authority of~~ division ~~(C)(2)(a)~~(F)(1) of this	58610
section shall terminate the ~~individual's~~applicant's employment if	58611
the results of the criminal records check ~~request under division~~	58612
~~(B) of this section~~, other than the results of any request for	58613
information from the federal bureau of investigation, are not	58614
obtained within the period ending sixty days after the date the	58615
request for the criminal records check is made. Regardless of when	58616
the results of the criminal records check are obtained, if the	58617
results indicate that the ~~individual~~applicant has been convicted	58618
of, has pleaded guilty to, or has been found eligible for	58619
intervention in lieu of conviction for ~~any of the offenses listed~~	58620
~~or described in division (C)(1) of this section~~a disqualifying	58621
offense, the waiver agency shall terminate the ~~individual's~~	58622
applicant's employment unless circumstances specified in rules	58623
adopted under this section exist that permit the waiver agency to	58624
employ the applicant and the waiver agency chooses to employ the	58625
~~individual pursuant to division (F) of this section~~applicant.	58626

~~(D)(1) The fee prescribed pursuant to division (C)(3) of~~	58627
~~section 109.572 of the Revised Code for each criminal records~~	58628
~~check conducted pursuant to a request made under division (B) of~~	58629
~~this section shall be paid to the bureau of criminal~~	58630
~~identification and investigation by the applicant or the waiver~~	58631
~~agency.~~	58632

~~(2) If a waiver agency pays the fee, it may charge the~~	58633
~~applicant a fee not exceeding the amount the agency pays under~~	58634
~~division (D)(1) of this section. An agency may collect a fee only~~	58635
~~if the agency notifies the person at the time of initial~~	58636
~~application for employment of the amount of the fee and that,~~	58637
~~unless the fee is paid, the person will not be considered for~~	58638
~~employment.~~	58639

~~(E)~~(G) The report of any criminal records check conducted	58640
pursuant to a request made under this section is not a public	58641
record for the purposes of section 149.43 of the Revised Code and	58642
shall not be made available to any person other than the	58643
following:	58644

(1) The ~~individual~~applicant or employee who is the subject	58645
of the criminal records check or the ~~individual's~~ representative	58646
of the applicant or employee;	58647

(2) The chief administrator of the waiver agency ~~requesting~~	58648
that requires the applicant or employee to request the criminal	58649
records check or the administrator's representative;	58650

(3) ~~An administrator at~~The director of job and family	58651
services and the staff of the department in the administration of	58652
the medicaid program;	58653

(4) A court, hearing officer, or other necessary individual	58654
involved in a case dealing with aany of the following:	58655

(a) A denial of employment of the applicant or ~~dealing with~~	58656
~~employment~~employee;	58657

(b) Employment or unemployment benefits of the applicant or	58658
employee;	58659

(c) A civil or criminal action regarding the medicaid	58660
program.	58661

~~(F)~~(H) The ~~department~~director of job and family services	58662
shall adopt rules in accordance with Chapter 119. of the Revised	58663
Code to implement this section. ~~The~~	58664

(1) The rules may do the following:

58665

(a) Require employees to undergo database reviews and	58666
criminal records checks under this section;	58667

(b) If the rules require employees to undergo database	58668
reviews and criminal records checks under this section, exempt one	58669
or more classes of employees from the requirements;	58670

(c) For the purpose of division (D)(7) of this section,	58671
specify other databases that are to be checked as part of a	58672
database review conducted under this section.	58673

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

58674

(a) The procedures for conducting a database review under	58675
this section;	58676

(b) If the rules require employees to undergo database	58677
reviews and criminal records checks under this section, the times	58678
at which the database reviews and criminal records checks are to	58679
be conducted;	58680

(c) If the rules specify other databases to be checked as	58681
part of a database review, the circumstances under which a waiver	58682
agency is prohibited from employing an applicant or continuing to	58683
employ an employee who is found by the database review to be	58684
included in one or more of those databases;	58685

(d) The circumstances under which a waiver agency may employ	58686
~~a person~~an applicant or employee who ~~has~~is found by a criminal	58687
records check required by this section to have been convicted of,	58688
~~has~~ pleaded guilty to, or ~~has~~ been found eligible for intervention	58689
in lieu of conviction for ~~an offense listed or described in~~	58690
~~division (C)(1) of this section~~a disqualifying offense.	58691

~~(G) The chief administrator of a waiver agency shall inform~~	58692
~~each person, at the time of initial application for a position~~	58693
~~that involves providing home and community-based waiver services~~	58694
~~to a person with a disability, that the person is required to~~	58695
~~provide a set of fingerprint impressions and that a criminal~~	58696
~~records check is required to be conducted if the person comes~~	58697
~~under final consideration for employment.~~	58698

~~(H)(1) A person who, on September 26, 2003, is an employee of~~	58699
~~a waiver agency in a full-time, part-time, or temporary position~~	58700
~~that involves providing home and community-based waiver services~~	58701
~~to a person with disabilities shall comply with this section~~	58702
~~within sixty days after September 26, 2003, unless division (H)(2)~~	58703
~~of this section applies.~~	58704

~~(2) This section shall not apply to a person to whom all of~~	58705
~~the following apply:~~	58706

~~(a) On September 26, 2003, the person is an employee of a~~	58707
~~waiver agency in a full-time, part-time, or temporary position~~	58708
~~that involves providing home and community-based waiver services~~	58709
~~to a person with disabilities.~~	58710

~~(b) The person previously had been the subject of a criminal~~	58711
~~background check relating to that position;~~	58712

~~(c) The person has been continuously employed in that~~	58713
~~position since that criminal background check had been conducted.~~	58714

(I) The amendments made by ...B... to this section do not	58715
preclude the department of job and family services from taking	58716
action against a person for failure to comply with former division	58717
(H) of this section as that division existed on the day preceding	58718
the effective date of this amendment.	58719

Sec. 5111.034. (A) As used in this section:

58720

~~(1)~~ "Anniversary date" means the later of the effective date	58721
of the provider agreement relating to the independent provider or	58722
sixty days after September 26, 2003.	58723

~~(2) "Criminal~~"Applicant" means a person who has applied for	58724
a medicaid provider agreement to provide home and community-based	58725
services as an independent provider under a home and	58726
community-based medicaid waiver component administered by the	58727
department of job and family services.	58728

"Criminal records check" has the same meaning as in section	58729
109.572 of the Revised Code.	58730

~~(3) "Department" includes a designee of the department of job~~	58731
~~and family services.~~	58732

~~(4) "Independent~~"Disqualifying offense" has the same meaning	58733
as in section 5111.032 of the Revised Code.	58734

"Independent provider" means a person who ~~is submitting an~~	58735
~~application for a provider agreement or who~~ has a medicaid	58736
provider agreement to provide home and community-based services as	58737
an independent provider in a home and community-based services	58738
medicaid waiver component administered by the department of job	58739
and family services ~~administered home and community-based services~~	58740
~~program providing home and community-based waiver services to~~	58741
~~consumers with disabilities~~.	58742

~~(5)~~ "Home and community-based ~~waiver~~ services medicaid waiver	58743
component" has the same meaning as in section ~~5111.033~~5111.85 of	58744
the Revised Code.	58745

(B) The department of job and family services or the	58746
department's designee shall deny an applicant's application for a	58747
medicaid provider agreement and shall terminate an independent	58748
provider's medicaid provider agreement if either of the following	58749
applies:	58750

(1) After the applicant or independent provider is given the	58751
information and notification required by divisions (D)(2)(a) and	58752
(b) of this section, the applicant or independent provider fails	58753
to do either of the following:	58754

(a) Access, complete, or forward to the superintendent of the	58755
bureau of criminal identification and investigation the form	58756
prescribed pursuant to division (C)(1) of section 109.572 of the	58757
Revised Code or the standard impression sheet prescribed pursuant	58758
to division (C)(2) of that section;	58759

(b) Instruct the superintendent to submit the completed	58760
report of the criminal records check required by this section	58761
directly to the department or the department's designee.	58762

(2) Except as provided in rules adopted under this section,	58763
the applicant or independent provider is found by a criminal	58764
records check required by this section to have been convicted of,	58765
pleaded guilty to, or been found eligible for intervention in lieu	58766
of conviction for a disqualifying offense, regardless of the date	58767
of the conviction, the date of entry of the guilty plea, or the	58768
date the applicant or independent provider was found eligible for	58769
intervention in lieu of conviction.	58770

(C)(1) The department ~~of job and family services~~or the	58771
department's designee shall inform each ~~independent provider~~	58772
applicant, at the time of initial application for a medicaid	58773
provider agreement ~~that involves providing home and~~	58774
~~community-based waiver services to consumers with disabilities~~,	58775
that the ~~independent provider~~applicant is required to provide a	58776
set of the applicant's fingerprint impressions and that a criminal	58777
records check is required to be conducted ~~if the person is to~~	58778
~~become an independent provider in adepartment administered home~~	58779
~~and community-based waiver program~~as a condition of the	58780
department's approving the application.	58781

(2) Beginning on September 26, 2003, the department or the	58782
department's designee shall inform each ~~enrolled medicaid~~	58783
independent provider on or before the time of the anniversary date	58784
of the medicaid provider agreement ~~that involves providing home~~	58785
~~and community-based waiver services to consumers with disabilities~~	58786
that the independent provider is required to provide a set of the	58787
independent provider's fingerprint impressions and that a criminal	58788
records check is required to be conducted.	58789

~~(C)~~(D)(1) The department or the department's designee shall	58790
require ~~the independent provider~~an applicant to complete a	58791
criminal records check prior to entering into a medicaid provider	58792
agreement with the ~~independent provider and~~applicant. The	58793
department or the department's designee shall require an	58794
independent provider to complete a criminal records check at least	58795
annually ~~thereafter~~. If an applicant or independent provider for	58796
whom a criminal records check is required ~~under this division~~by	58797
this section does not present proof of having been a resident of	58798
this state for the five-year period immediately prior to the date	58799
the criminal records check is requested or provide evidence that	58800
within that five-year period the superintendent of the bureau of	58801
criminal identification and investigation has requested	58802
information about the applicant or independent provider from the	58803
federal bureau of investigation in a criminal records check, the	58804
department or the department's designee shall request that the	58805
applicant or independent provider obtain through the	58806
superintendent a criminal records request from the federal bureau	58807
of investigation as part of the criminal records check of the	58808
applicant or independent provider. Even if an applicant or	58809
independent provider for whom a criminal records check request is	58810
required ~~under this division~~by this section presents proof of	58811
having been a resident of this state for the five-year period, the	58812
department or the department's designee may request that the	58813
applicant or independent provider obtain information through the	58814
superintendent from the federal bureau of investigation in the	58815
criminal records check.	58816

(2) The department or the department's designee shall provide	58817
the following to each applicant and independent provider for whom	58818
a criminal records check ~~request~~ is required ~~under division (C)(1)~~	58819
ofby this section:	58820

(a) Information about accessing, completing, and forwarding	58821
to the superintendent of the bureau of criminal identification and	58822
investigation the form prescribed pursuant to division (C)(1) of	58823
section 109.572 of the Revised Code and the standard ~~fingerprint~~	58824
impression sheet prescribed pursuant to division (C)(2) of that	58825
section;	58826

(b) Written notification that the applicant or independent	58827
provider is to instruct the superintendent to submit the completed	58828
report of the criminal records check directly to the department or	58829
the department's designee.	58830

(3) ~~An independent provider given information and~~	58831
~~notification under divisions (C)(2)(a) and (b) of this section who~~	58832
~~fails to access, complete, and forward to the superintendent the~~	58833
~~form or the standard fingerprint impression sheet, or who fails to~~	58834
~~instruct the superintendent to submit the completed report of the~~	58835
~~criminal records check directly to the department, shall not be~~	58836
~~approved as an independent provider.~~Each applicant and	58837
independent provider for whom a criminal records check is required	58838
by this section shall pay to the bureau of criminal identification	58839
and investigation the fee prescribed pursuant to division (C)(3)	58840
of section 109.572 of the Revised Code for the criminal records	58841
check conducted of the applicant or independent provider.	58842

~~(D) Except as provided in rules adopted by the department in~~	58843
~~accordance with division (G) of this section, the department shall~~	58844
~~not issue a new provider agreement to, and shall terminate an~~	58845
~~existing provider agreement of, an independent provider if the~~	58846
~~person has been convicted of, has pleaded guilty to, or has been~~	58847
~~found eligible for intervention in lieu of conviction for any of~~	58848
~~the following, regardless of the date of the conviction, the date~~	58849
~~of entry of the guilty plea, or the date the person was found~~	58850
~~eligible for intervention in lieu of conviction:~~	58851

~~(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	58852
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	58853
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	58854
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	58855
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	58856
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	58857
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	58858
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	58859
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	58860
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	58861
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	58862
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	58863
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	58864
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	58865
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	58866
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	58867
~~penetration in violation of former section 2907.12 of the Revised~~	58868
~~Code, a violation of section 2905.04 of the Revised Code as it~~	58869
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	58870
~~the Revised Code that would have been a violation of section~~	58871
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	58872
~~had the violation been committed prior to that date;~~	58873

~~(2) A violation of an existing or former municipal ordinance~~	58874
~~or law of this state, any other state, or the United States that~~	58875
~~is substantially equivalent to any of the offenses listed in~~	58876
~~division (D)(1) of this section.~~	58877

~~(E) Each independent provider shall pay to the bureau of~~	58878
~~criminal identification and investigation the fee prescribed~~	58879
~~pursuant to division (C)(3) of section 109.572 of the Revised Code~~	58880
~~for each criminal records check conducted pursuant to a request~~	58881
~~made under division (C) of this section.~~	58882

~~(F)~~(E) The report of any criminal records check conducted by	58883
the bureau of criminal identification and investigation in	58884
accordance with section 109.572 of the Revised Code and pursuant	58885
to a request made under ~~division (C) of~~ this section is not a	58886
public record for the purposes of section 149.43 of the Revised	58887
Code and shall not be made available to any person other than the	58888
following:	58889

(1) The person who is the subject of the criminal records	58890
check or the person's representative;	58891

(2) ~~An administrator at~~The director of job and family	58892
services and the staff of the department ~~or the administrator's~~	58893
~~representative~~in the administration of the medicaid program;	58894

(3) The department's designee;

58895

(4) An individual who receives home and community-based	58896
services from the person who is the subject of the criminal	58897
records check;	58898

(5) A court, hearing officer, or other necessary individual	58899
involved in a case dealing with aeither of the following:	58900

(a) A denial or termination of a provider agreement related	58901
to the criminal records check;	58902

(b) A civil or criminal action regarding the medicaid	58903
program.	58904

~~(G)~~(F) The ~~department~~director of job and family services	58905
shall adopt rules in accordance with Chapter 119. of the Revised	58906
Code to implement this section. The rules shall specify	58907
circumstances under which the department or the department's	58908
designee may either ~~issue a provider agreement to an independent~~	58909
~~provider~~approve an applicant's application or allow an	58910
independent provider to maintain an existing medicaid provider	58911
agreement ~~when~~even though the applicant or independent provider	58912
~~has~~is found by a criminal records check required by this section	58913
to have been convicted of, ~~has~~ pleaded guilty to, or ~~has~~ been	58914
found eligible for intervention in lieu of conviction for an	58915
~~offense listed or described in division (D)(1) or (2) of this~~	58916
~~section~~a disqualifying offense.	58917

Sec. 5111.06. (A)(1) As used in this section and in sections	58918
5111.061 and 5111.063 of the Revised Code:	58919

(a) "Provider" means any person, institution, or entity that	58920
furnishes medicaid services under a provider agreement with the	58921
department of job and family services pursuant to Title XIX of the	58922
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	58923
amended.	58924

(b) "Party" has the same meaning as in division (G) of	58925
section 119.01 of the Revised Code.	58926

(c) "Adjudication" has the same meaning as in division (D) of	58927
section 119.01 of the Revised Code.	58928

(2) This section does not apply to ~~any~~either of the	58929
following:	58930

(a) Any action taken or decision made by the department of	58931
job and family services with respect to entering into or refusing	58932
to enter into a contract with a managed care organization pursuant	58933
to section 5111.17 of the Revised Code;	58934

(b) Any action taken by the department under ~~sections 5111.16~~	58935
~~to 5111.177 or~~ sections 5111.35 to 5111.62 of the Revised Code.	58936

(B) Except as provided in division (D) of this section and	58937
section 5111.914 of the Revised Code, the department shall do	58938
either of the following by issuing an order pursuant to an	58939
adjudication conducted in accordance with Chapter 119. of the	58940
Revised Code:	58941

(1) Enter into or refuse to enter into a provider agreement	58942
with a provider, or suspend, terminate, renew, or refuse to renew	58943
an existing provider agreement with a provider;	58944

(2) Take any action based upon a final fiscal audit of a	58945
provider.	58946

(C) Any party who is adversely affected by the issuance of an	58947
adjudication order under division (B) of this section may appeal	58948
to the court of common pleas of Franklin county in accordance with	58949
section 119.12 of the Revised Code.	58950

(D) The department is not required to comply with division	58951
(B)(1) of this section whenever any of the following occur:	58952

(1) The terms of a provider agreement require the provider to	58953
hold a license, permit, or certificate or maintain a certification	58954
issued by an official, board, commission, department, division,	58955
bureau, or other agency of state or federal government other than	58956
the department of job and family services, and the license,	58957
permit, certificate, or certification has been denied, revoked,	58958
not renewed, suspended, or otherwise limited.	58959

(2) The terms of a provider agreement require the provider to	58960
hold a license, permit, or certificate or maintain certification	58961
issued by an official, board, commission, department, division,	58962
bureau, or other agency of state or federal government other than	58963
the department of job and family services, and the provider has	58964
not obtained the license, permit, certificate, or certification.	58965

(3) The provider agreement is denied, terminated, or not	58966
renewed due to the termination, refusal to renew, or denial of a	58967
license, permit, certificate, or certification by an official,	58968
board, commission, department, division, bureau, or other agency	58969
of this state other than the department of job and family	58970
services, notwithstanding the fact that the provider may hold a	58971
license, permit, certificate, or certification from an official,	58972
board, commission, department, division, bureau, or other agency	58973
of another state.	58974

(4) The provider agreement is denied, terminated, or not	58975
renewed pursuant to division (C) or (F) of section 5111.03 of the	58976
Revised Code.	58977

(5) The provider agreement is denied, terminated, or not	58978
renewed due to the provider's termination, suspension, or	58979
exclusion from the medicare program established under Title XVIII	58980
of the "Social Security Act" or from another state's medicaid	58981
program and, in either case, the termination, suspension, or	58982
exclusion is binding on the provider's participation in the	58983
medicaid program in this state.	58984

(6) The provider agreement is denied, terminated, or not	58985
renewed due to the provider's pleading guilty to or being	58986
convicted of a criminal activity materially related to either the	58987
medicare or medicaid program.	58988

(7) The provider agreement is denied, terminated, or	58989
suspended as a result of action by the United States department of	58990
health and human services and that action is binding on the	58991
provider's participation in the medicaid program.	58992

(8) Pursuant to either section 5111.031 or 5111.035 of the	58993
Revised Code, the provider agreement is suspended and payments to	58994
the provider are suspended pending indictment of the provider.	58995

(9) The provider agreement is denied, terminated, or not	58996
renewed because the provider or its owner, officer, authorized	58997
agent, associate, manager, or employee has been convicted of one	58998
of the offenses that caused the provider agreement to be suspended	58999
pursuant to section 5111.031 of the Revised Code.	59000

(10) The provider agreement is converted under section	59001
5111.028 of the Revised Code from a provider agreement that is not	59002
time-limited to a provider agreement that is time-limited.	59003

(11) The provider agreement is terminated or an application	59004
for re-enrollment is denied because the provider has failed to	59005
apply for re-enrollment within the time or in the manner specified	59006
for re-enrollment pursuant to section 5111.028 of the Revised	59007
Code.	59008

(12) The provider agreement is suspended or terminated, or an	59009
application for enrollment or re-enrollment is denied, for any	59010
reason authorized or required by one or more of the following: 42	59011
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.	59012

(13) The provider agreement is terminated or not renewed	59013
because the provider has not billed or otherwise submitted a	59014
medicaid claim to the department for two years or longer.	59015

(14) The provider agreement is denied, terminated, or not	59016
renewed because the provider fails to provide to the department	59017
the national provider identifier assigned the provider by the	59018
national provider system pursuant to 45 C.F.R. 162.408.	59019

In the case of a provider described in division (D)(13) or	59020
(14) of this section, the department may take its proposed action	59021
against a provider agreement by sending a notice explaining the	59022
proposed action to the provider. The notice shall be sent to the	59023
provider's address on record with the department. The notice may	59024
be sent by regular mail.	59025

(E) The department may withhold payments for services	59026
rendered by a medicaid provider under the medicaid program during	59027
the pendency of proceedings initiated under division (B)(1) of	59028
this section. If the proceedings are initiated under division	59029
(B)(2) of this section, the department may withhold payments only	59030
to the extent that they equal amounts determined in a final fiscal	59031
audit as being due the state. This division does not apply if the	59032
department fails to comply with section 119.07 of the Revised	59033
Code, requests a continuance of the hearing, or does not issue a	59034
decision within thirty days after the hearing is completed. This	59035
division does not apply to nursing facilities and intermediate	59036
care facilities for the mentally retarded as defined in section	59037
5111.20 of the Revised Code.	59038

Sec. 5111.091. ~~Not later than the first day of each calendar~~	59039
~~quarter~~Semiannually, the director of job and family services	59040
shall submit ~~a report~~ to the president and minority leader of the	59041
senate, speaker and minority leader of the house of	59042
representatives, and the chairpersons of the standing committees	59043
of the senate and house of representatives ~~that hear bills~~with	59044
primary responsibility for legislation making biennial	59045
appropriations a report on the establishment and implementation of	59046
programs designed to control the increase of the cost of the	59047
medicaid program, increase the efficiency of the medicaid program,	59048
and promote better health outcomes. In each calendar year, one	59049
report shall be submitted not later than the last day of June and	59050
the subsequent report shall be submitted not later than the last	59051
day of December.	59052

~~The report shall include information regarding all of the~~	59053
~~following:~~	59054

~~(A) Provider network management;~~

59055

~~(B) Electronic claims submission and payment systems;~~

59056

~~(C) Limited provider contracts and payments based on~~	59057
~~performance;~~	59058

~~(D) Efforts to enforce third party liability;~~

59059

~~(E) Implementation of the medicaid information technology~~	59060
~~system;~~	59061

~~(F) Expansion of the medicaid data warehouse and decision~~	59062
~~support system;~~	59063

~~(G) Development of infrastructure policies for electronic~~	59064
~~health records and e-prescribing.~~	59065

Sec. 5111.113. (A) As used in this section:

59066

(1) ~~"Adult care facility" has the same meaning as in section~~	59067
~~5119.70 of the Revised Code.~~	59068

~~(2)~~ "Commissioner" means a person appointed by a probate	59069
court under division (E) of section 2113.03 of the Revised Code to	59070
act as a commissioner.	59071

~~(3)~~(2) "Home" has the same meaning as in section 3721.10 of	59072
the Revised Code.	59073

~~(4)~~(3) "Personal needs allowance account" means an account or	59074
petty cash fund that holds the money of a resident of an adult	59075
care facility or home and that the facility or home manages for	59076
the resident.	59077

(4) "Residential facility" means a residential facility	59078
licensed under section 5119.22 of the Revised Code that provides	59079
accommodations, supervision, and personal care services for three	59080
to sixteen unrelated adults.	59081

(B) Except as provided in divisions (C) and (D) of this	59082
section, the owner or operator of ~~an adult care facility or~~a home	59083
or residential facility shall transfer to the department of job	59084
and family services the money in the personal needs allowance	59085
account of a resident of the ~~facility or~~ home or facility who was	59086
a recipient of the medical assistance program no earlier than	59087
sixty days but not later than ninety days after the resident dies.	59088
The ~~adult care facility or~~ home or facility shall transfer the	59089
money even though the owner or operator of the facility or home	59090
has not been issued letters testamentary or letters of	59091
administration concerning the resident's estate.	59092

(C) If funeral or burial expenses for a resident of ~~an adult~~	59093
~~care facility or~~a home or residential facility who has died have	59094
not been paid and the only resource the resident had that could be	59095
used to pay for the expenses is the money in the resident's	59096
personal needs allowance account, or all other resources of the	59097
resident are inadequate to pay the full cost of the expenses, the	59098
money in the resident's personal needs allowance account shall be	59099
used to pay for the expenses rather than being transferred to the	59100
department of job and family services pursuant to division (B) of	59101
this section.	59102

(D) If, not later than sixty days after a resident of an	59103
~~adult care facility or~~a home or residential facility dies,	59104
letters testamentary or letters of administration are issued, or	59105
an application for release from administration is filed under	59106
section 2113.03 of the Revised Code, concerning the resident's	59107
estate, the owner or operator of the ~~facility or~~ home or facility	59108
shall transfer the money in the resident's personal needs	59109
allowance account to the administrator, executor, commissioner, or	59110
person who filed the application for release from administration.	59111

(E) The transfer or use of money in a resident's personal	59112
needs allowance account in accordance with division (B), (C), or	59113
(D) of this section discharges and releases the ~~adult care~~	59114
~~facility or~~ home or residential facility, and the owner or	59115
operator of the ~~facility or~~ home, from any claim for the money	59116
from any source.	59117

(F) If, sixty-one or more days after a resident of ~~an adult~~	59118
~~care facility or~~a home or residential facility dies, letters	59119
testamentary or letters of administration are issued, or an	59120
application for release from administration under section 2113.03	59121
of the Revised Code is filed, concerning the resident's estate,	59122
the department of job and family services shall transfer the funds	59123
to the administrator, executor, commissioner, or person who filed	59124
the application, unless the department is entitled to recover the	59125
money under the medicaid estate recovery program instituted under	59126
section 5111.11 of the Revised Code.	59127

Sec. 5111.171. ~~(A)~~ The department of job and family services	59128
may provide financial incentive awards to managed care	59129
organizations under contract with the department pursuant to	59130
section 5111.17 of the Revised Code that meet or exceed	59131
performance standards specified in provider agreements or rules	59132
adopted by the department. The department may specify in a	59133
contract with a managed care organization the amounts of financial	59134
incentive awards, methodology for distributing awards, types of	59135
awards, and standards for administration by the department.	59136

~~(B) There is hereby created in the state treasury the health~~	59137
~~care compliance fund. The fund shall consist of all fines imposed~~	59138
~~on and collected from managed care organizations for failure to~~	59139
~~meet performance standards or other requirements specified in~~	59140
~~provider agreements or rules adopted by the department. All~~	59141
~~investment earnings of the fund shall be credited to the fund.~~	59142
~~Moneys credited to the fund shall be used solely for the following~~	59143
~~purposes:~~	59144

~~(1) To reimburse managed care organizations that have paid~~	59145
~~fines for failures to meet performance standards or other~~	59146
~~requirements and that have come into compliance by meeting~~	59147
~~requirements as specified by the department;~~	59148

~~(2) To provide financial incentive awards established~~	59149
~~pursuant to division (A) of this section and specified in~~	59150
~~contracts between managed care organizations and the department.~~	59151

Sec. 5111.20. As used in sections 5111.20 to 5111.331 of the	59152
Revised Code:	59153

(A) "Allowable costs" are those costs determined by the	59154
department of job and family services to be reasonable and do not	59155
include fines paid under sections 5111.35 to 5111.61 and section	59156
5111.99 of the Revised Code.	59157

(B) "Ancillary and support costs" means all reasonable costs	59158
incurred by a nursing facility other than direct care costs, tax	59159
costs, or capital costs. "Ancillary and support costs" includes,	59160
but is not limited to, costs of activities, social services,	59161
pharmacy consultants, habilitation supervisors, qualified mental	59162
retardation professionals, program directors, medical and	59163
habilitation records, program supplies, incontinence supplies,	59164
food, enterals, dietary supplies and personnel, laundry,	59165
housekeeping, security, administration, medical equipment,	59166
utilities, liability insurance, bookkeeping, purchasing	59167
department, human resources, communications, travel, dues, license	59168
fees, subscriptions, home office costs not otherwise allocated,	59169
legal services, accounting services, minor equipment, ~~wheelchairs,~~	59170
~~resident transportation,~~ maintenance and repairs, help-wanted	59171
advertising, informational advertising, start-up costs,	59172
organizational expenses, other interest, property insurance,	59173
employee training and staff development, employee benefits,	59174
payroll taxes, and workers' compensation premiums or costs for	59175
self-insurance claims and related costs as specified in rules	59176
adopted by the director of job and family services under section	59177
5111.02 of the Revised Code, for personnel listed in this	59178
division. "Ancillary and support costs" also means the cost of	59179
equipment, including vehicles, acquired by operating lease	59180
executed before December 1, 1992, if the costs are reported as	59181
administrative and general costs on the facility's cost report for	59182
the cost reporting period ending December 31, 1992.	59183

(C) "Capital costs" means costs of ownership and, in the case	59184
of an intermediate care facility for the mentally retarded, costs	59185
of nonextensive renovation.	59186

(1) "Cost of ownership" means the actual expense incurred for	59187
all of the following:	59188

(a) Depreciation and interest on any capital assets that cost	59189
five hundred dollars or more per item, including the following:	59190

(i) Buildings;

59191

(ii) Building improvements that are not approved as	59192
nonextensive renovations under section 5111.251 of the Revised	59193
Code;	59194

(iii) Except as provided in division (B) of this section,	59195
equipment;	59196

(iv) In the case of an intermediate care facility for the	59197
mentally retarded, extensive renovations;	59198

(v) Transportation equipment.

59199

(b) Amortization and interest on land improvements and	59200
leasehold improvements;	59201

59202

(d) Except as provided in division (K) of this section, lease	59203
and rent of land, building, and equipment.	59204

The costs of capital assets of less than five hundred dollars	59205
per item may be considered capital costs in accordance with a	59206
provider's practice.	59207

(2) "Costs of nonextensive renovation" means the actual	59208
expense incurred by an intermediate care facility for the mentally	59209
retarded for depreciation or amortization and interest on	59210
renovations that are not extensive renovations.	59211

(D) "Capital lease" and "operating lease" shall be construed	59212
in accordance with generally accepted accounting principles.	59213

(E) "Case-mix score" means the measure determined under	59214
section 5111.232 of the Revised Code of the relative direct-care	59215
resources needed to provide care and habilitation to a resident of	59216
a nursing facility or intermediate care facility for the mentally	59217
retarded.	59218

(F)(1) "Date of licensure," for a facility originally	59219
licensed as a nursing home under Chapter 3721. of the Revised	59220
Code, means the date specific beds were originally licensed as	59221
nursing home beds under that chapter, regardless of whether they	59222
were subsequently licensed as residential facility beds under	59223
section 5123.19 of the Revised Code. For a facility originally	59224
licensed as a residential facility under section 5123.19 of the	59225
Revised Code, "date of licensure" means the date specific beds	59226
were originally licensed as residential facility beds under that	59227
section.	59228

If nursing home beds licensed under Chapter 3721. of the	59229
Revised Code or residential facility beds licensed under section	59230
5123.19 of the Revised Code were not required by law to be	59231
licensed when they were originally used to provide nursing home or	59232
residential facility services, "date of licensure" means the date	59233
the beds first were used to provide nursing home or residential	59234
facility services, regardless of the date the present provider	59235
obtained licensure.	59236

If a facility adds nursing home beds or residential facility	59237
beds or extensively renovates all or part of the facility after	59238
its original date of licensure, it will have a different date of	59239
licensure for the additional beds or extensively renovated portion	59240
of the facility, unless the beds are added in a space that was	59241
constructed at the same time as the previously licensed beds but	59242
was not licensed under Chapter 3721. or section 5123.19 of the	59243
Revised Code at that time.	59244

(2) The definition of "date of licensure" in this section	59245
applies in determinations of the medicaid reimbursement rate for a	59246
nursing facility or intermediate care facility for the mentally	59247
retarded but does not apply in determinations of the franchise	59248
permit fee for a nursing facility or intermediate care facility	59249
for the mentally retarded.	59250

(G) "Desk-reviewed" means that costs as reported on a cost	59251
report submitted under section 5111.26 of the Revised Code have	59252
been subjected to a desk review under division (A) of section	59253
5111.27 of the Revised Code and preliminarily determined to be	59254
allowable costs.	59255

(H) "Direct care costs" means all of the following:

59256

(1)(a) Costs for registered nurses, licensed practical	59257
nurses, and nurse aides employed by the facility;	59258

(b) Costs for direct care staff, administrative nursing	59259
staff, medical directors, respiratory therapists, and except as	59260
provided in division (H)(2) of this section, other persons holding	59261
degrees qualifying them to provide therapy;	59262

59263

(d) Costs of quality assurance;

59264

(e) Costs of training and staff development, employee	59265
benefits, payroll taxes, and workers' compensation premiums or	59266
costs for self-insurance claims and related costs as specified in	59267
rules adopted by the director of job and family services in	59268
accordance with Chapter 119. of the Revised Code, for personnel	59269
listed in divisions (H)(1)(a), (b), and (d) of this section;	59270

(f) Costs of consulting and management fees related to direct	59271
care;	59272

(g) Allocated direct care home office costs.

59273

(2) In addition to the costs specified in division (H)(1) of	59274
this section, for nursing facilities only, direct care costs	59275
include costs of habilitation staff (other than habilitation	59276
supervisors), medical supplies, oxygen, over-the-counter pharmacy	59277
products, behavioral and mental health services, physical	59278
therapists, physical therapy assistants, occupational therapists,	59279
occupational therapy assistants, speech therapists, audiologists,	59280
habilitation supplies, wheelchairs, resident transportation, and	59281
universal precautions supplies.	59282

(3) In addition to the costs specified in division (H)(1) of	59283
this section, for intermediate care facilities for the mentally	59284
retarded only, direct care costs include both of the following:	59285

(a) Costs for physical therapists and physical therapy	59286
assistants, occupational therapists and occupational therapy	59287
assistants, speech therapists, audiologists, habilitation staff	59288
(including habilitation supervisors), qualified mental retardation	59289
professionals, program directors, social services staff,	59290
activities staff, off-site day programming, psychologists and	59291
psychology assistants, and social workers and counselors;	59292

(b) Costs of training and staff development, employee	59293
benefits, payroll taxes, and workers' compensation premiums or	59294
costs for self-insurance claims and related costs as specified in	59295
rules adopted under section 5111.02 of the Revised Code, for	59296
personnel listed in division (H)(3)(a) of this section.	59297

(4) Costs of other direct-care resources that are specified	59298
as direct care costs in rules adopted under section 5111.02 of the	59299
Revised Code.	59300

(I) "Fiscal year" means the fiscal year of this state, as	59301
specified in section 9.34 of the Revised Code.	59302

(J) "Franchise permit fee" means the following:

59303

(1) In the context of nursing facilities, the fee imposed by	59304
sections 3721.50 to 3721.58 of the Revised Code;	59305

(2) In the context of intermediate care facilities for the	59306
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	59307
of the Revised Code.	59308

(K) "Indirect care costs" means all reasonable costs incurred	59309
by an intermediate care facility for the mentally retarded other	59310
than direct care costs, other protected costs, or capital costs.	59311
"Indirect care costs" includes but is not limited to costs of	59312
habilitation supplies, pharmacy consultants, medical and	59313
habilitation records, program supplies, incontinence supplies,	59314
food, enterals, dietary supplies and personnel, laundry,	59315
housekeeping, security, administration, liability insurance,	59316
bookkeeping, purchasing department, human resources,	59317
communications, travel, dues, license fees, subscriptions, home	59318
office costs not otherwise allocated, legal services, accounting	59319
services, minor equipment, maintenance and repairs, help-wanted	59320
advertising, informational advertising, start-up costs,	59321
organizational expenses, other interest, property insurance,	59322
employee training and staff development, employee benefits,	59323
payroll taxes, and workers' compensation premiums or costs for	59324
self-insurance claims and related costs as specified in rules	59325
adopted under section 5111.02 of the Revised Code, for personnel	59326
listed in this division. Notwithstanding division (C)(1) of this	59327
section, "indirect care costs" also means the cost of equipment,	59328
including vehicles, acquired by operating lease executed before	59329
December 1, 1992, if the costs are reported as administrative and	59330
general costs on the facility's cost report for the cost reporting	59331
period ending December 31, 1992.	59332

(L) "Inpatient days" means ~~all~~the following:

59333

(1) In the context of a nursing facility, both of the	59334
following:	59335

(a) All days during which a resident, regardless of payment	59336
source, occupies a bed in a nursing facility ~~or intermediate care~~	59337
~~facility for the mentally retarded~~ that is included in the	59338
nursing facility's certified capacity under Title XIX~~. Therapeutic~~	59339
~~or hospital leave~~;	59340

(b) Fifty per cent of the days for which payment is made	59341
under section ~~5111.33 or~~ 5111.331 of the Revised Code ~~are~~	59342
~~considered inpatient days proportionate to the percentage of the~~	59343
~~facility's per resident per day rate paid for those days~~.	59344

(2) In the context of an intermediate care facility for the	59345
mentally retarded, both of the following:	59346

(a) All days during which a resident, regardless of payment	59347
source, occupies a bed in an intermediate care facility for the	59348
mentally retarded that is included in the facility's certified	59349
capacity under Title XIX;	59350

(b) All days for which payment is made under section 5111.33	59351
of the Revised Code.	59352

(M) "Intermediate care facility for the mentally retarded"	59353
means an intermediate care facility for the mentally retarded	59354
certified as in compliance with applicable standards for the	59355
medicaid program by the director of health in accordance with	59356
Title XIX.	59357

(N) "Maintenance and repair expenses" means, except as	59358
provided in division (BB)(2) of this section, expenditures that	59359
are necessary and proper to maintain an asset in a normally	59360
efficient working condition and that do not extend the useful life	59361
of the asset two years or more. "Maintenance and repair expenses"	59362
includes but is not limited to the cost of ordinary repairs such	59363
as painting and wallpapering.	59364

(O) "Medicaid days" means ~~all~~the following:

59365

(1) In the context of a nursing facility, both of the	59366
following:	59367

(a) All days during which a resident who is a medicaid	59368
recipient eligible for nursing facility services occupies a bed in	59369
a nursing facility that is included in the nursing facility's	59370
certified capacity under Title XIX~~. Therapeutic or hospital leave~~;	59371

(b) Fifty per cent of the days for which payment is made	59372
under section ~~5111.33 or~~ 5111.331 of the Revised Code ~~are~~	59373
~~considered medicaid days proportionate to the percentage of the~~	59374
~~nursing facility's per resident per day rate paid for those days~~.	59375

(2) In the context of an intermediate care facility for the	59376
mentally retarded, both of the following:	59377

(a) All days during which a resident who is a medicaid	59378
recipient eligible for intermediate care facility for the mentally	59379
retarded services occupies a bed in an intermediate care facility	59380
for the mentally retarded that is included in the facility's	59381
certified capacity under Title XIX;	59382

(b) All days for which payment is made under section 5111.33	59383
of the Revised Code.	59384

(P) "Nursing facility" means a facility, or a distinct part	59385
of a facility, that is certified as a nursing facility by the	59386
director of health in accordance with Title XIX and is not an	59387
intermediate care facility for the mentally retarded. "Nursing	59388
facility" includes a facility, or a distinct part of a facility,	59389
that is certified as a nursing facility by the director of health	59390
in accordance with Title XIX and is certified as a skilled nursing	59391
facility by the director in accordance with Title XVIII.	59392

(Q) "Operator" means the person or government entity	59393
responsible for the daily operating and management decisions for a	59394
nursing facility or intermediate care facility for the mentally	59395
retarded.	59396

(R) "Other protected costs" means costs incurred by an	59397
intermediate care facility for the mentally retarded for medical	59398
supplies; real estate, franchise, and property taxes; natural gas,	59399
fuel oil, water, electricity, sewage, and refuse and hazardous	59400
medical waste collection; allocated other protected home office	59401
costs; and any additional costs defined as other protected costs	59402
in rules adopted under section 5111.02 of the Revised Code.	59403

(S)(1) "Owner" means any person or government entity that has	59404
at least five per cent ownership or interest, either directly,	59405
indirectly, or in any combination, in any of the following	59406
regarding a nursing facility or intermediate care facility for the	59407
mentally retarded:	59408

(a) The land on which the facility is located;

59409

(b) The structure in which the facility is located;

59410

(c) Any mortgage, contract for deed, or other obligation	59411
secured in whole or in part by the land or structure on or in	59412
which the facility is located;	59413

(d) Any lease or sublease of the land or structure on or in	59414
which the facility is located.	59415

(2) "Owner" does not mean a holder of a debenture or bond	59416
related to the nursing facility or intermediate care facility for	59417
the mentally retarded and purchased at public issue or a regulated	59418
lender that has made a loan related to the facility unless the	59419
holder or lender operates the facility directly or through a	59420
subsidiary.	59421

(T) "Patient" includes "resident."

59422

(U) Except as provided in divisions (U)(1) and (2) of this	59423
section, "per diem" means a nursing facility's or intermediate	59424
care facility for the mentally retarded's actual, allowable costs	59425
in a given cost center in a cost reporting period, divided by the	59426
facility's inpatient days for that cost reporting period.	59427

(1) When calculating indirect care costs for the purpose of	59428
establishing rates under section 5111.241 of the Revised Code,	59429
"per diem" means an intermediate care facility for the mentally	59430
retarded's actual, allowable indirect care costs in a cost	59431
reporting period divided by the greater of the facility's	59432
inpatient days for that period or the number of inpatient days the	59433
facility would have had during that period if its occupancy rate	59434
had been eighty-five per cent.	59435

(2) When calculating capital costs for the purpose of	59436
establishing rates under section 5111.251 of the Revised Code,	59437
"per diem" means a facility's actual, allowable capital costs in a	59438
cost reporting period divided by the greater of the facility's	59439
inpatient days for that period or the number of inpatient days the	59440
facility would have had during that period if its occupancy rate	59441
had been ninety-five per cent.	59442

(V) "Provider" means an operator with a provider agreement.

59443

(W) "Provider agreement" means a contract between the	59444
department of job and family services and the operator of a	59445
nursing facility or intermediate care facility for the mentally	59446
retarded for the provision of nursing facility services or	59447
intermediate care facility services for the mentally retarded	59448
under the medicaid program.	59449

(X) "Purchased nursing services" means services that are	59450
provided in a nursing facility by registered nurses, licensed	59451
practical nurses, or nurse aides who are not employees of the	59452
facility.	59453

(Y) "Reasonable" means that a cost is an actual cost that is	59454
appropriate and helpful to develop and maintain the operation of	59455
patient care facilities and activities, including normal standby	59456
costs, and that does not exceed what a prudent buyer pays for a	59457
given item or services. Reasonable costs may vary from provider to	59458
provider and from time to time for the same provider.	59459

(Z) "Related party" means an individual or organization that,	59460
to a significant extent, has common ownership with, is associated	59461
or affiliated with, has control of, or is controlled by, the	59462
provider.	59463

(1) An individual who is a relative of an owner is a related	59464
party.	59465

(2) Common ownership exists when an individual or individuals	59466
possess significant ownership or equity in both the provider and	59467
the other organization. Significant ownership or equity exists	59468
when an individual or individuals possess five per cent ownership	59469
or equity in both the provider and a supplier. Significant	59470
ownership or equity is presumed to exist when an individual or	59471
individuals possess ten per cent ownership or equity in both the	59472
provider and another organization from which the provider	59473
purchases or leases real property.	59474

(3) Control exists when an individual or organization has the	59475
power, directly or indirectly, to significantly influence or	59476
direct the actions or policies of an organization.	59477

(4) An individual or organization that supplies goods or	59478
services to a provider shall not be considered a related party if	59479
all of the following conditions are met:	59480

(a) The supplier is a separate bona fide organization.

59481

(b) A substantial part of the supplier's business activity of	59482
the type carried on with the provider is transacted with others	59483
than the provider and there is an open, competitive market for the	59484
types of goods or services the supplier furnishes.	59485

(c) The types of goods or services are commonly obtained by	59486
other nursing facilities or intermediate care facilities for the	59487
mentally retarded from outside organizations and are not a basic	59488
element of patient care ordinarily furnished directly to patients	59489
by the facilities.	59490

(d) The charge to the provider is in line with the charge for	59491
the goods or services in the open market and no more than the	59492
charge made under comparable circumstances to others by the	59493
supplier.	59494

(AA) "Relative of owner" means an individual who is related	59495
to an owner of a nursing facility or intermediate care facility	59496
for the mentally retarded by one of the following relationships:	59497

(1) Spouse;

59498

(2) Natural parent, child, or sibling;

59499

(3) Adopted parent, child, or sibling;

59500

(4) Stepparent, stepchild, stepbrother, or stepsister;

59501

(5) Father-in-law, mother-in-law, son-in-law,	59502
daughter-in-law, brother-in-law, or sister-in-law;	59503

(6) Grandparent or grandchild;

59504

(7) Foster caregiver, foster child, foster brother, or foster	59505
sister.	59506

(BB) "Renovation" and "extensive renovation" mean:

59507

(1) Any betterment, improvement, or restoration of an	59508
intermediate care facility for the mentally retarded started	59509
before July 1, 1993, that meets the definition of a renovation or	59510
extensive renovation established in rules adopted by the director	59511
of job and family services in effect on December 22, 1992.	59512

(2) In the case of betterments, improvements, and	59513
restorations of intermediate care facilities for the mentally	59514
retarded started on or after July 1, 1993:	59515

(a) "Renovation" means the betterment, improvement, or	59516
restoration of an intermediate care facility for the mentally	59517
retarded beyond its current functional capacity through a	59518
structural change that costs at least five hundred dollars per	59519
bed. A renovation may include betterment, improvement,	59520
restoration, or replacement of assets that are affixed to the	59521
building and have a useful life of at least five years. A	59522
renovation may include costs that otherwise would be considered	59523
maintenance and repair expenses if they are an integral part of	59524
the structural change that makes up the renovation project.	59525
"Renovation" does not mean construction of additional space for	59526
beds that will be added to a facility's licensed or certified	59527
capacity.	59528

(b) "Extensive renovation" means a renovation that costs more	59529
than sixty-five per cent and no more than eighty-five per cent of	59530
the cost of constructing a new bed and that extends the useful	59531
life of the assets for at least ten years.	59532

For the purposes of division (BB)(2) of this section, the	59533
cost of constructing a new bed shall be considered to be forty	59534
thousand dollars, adjusted for the estimated rate of inflation	59535
from January 1, 1993, to the end of the calendar year during which	59536
the renovation is completed, using the consumer price index for	59537
shelter costs for all urban consumers for the north central	59538
region, as published by the United States bureau of labor	59539
statistics.	59540

The department of job and family services may treat a	59541
renovation that costs more than eighty-five per cent of the cost	59542
of constructing new beds as an extensive renovation if the	59543
department determines that the renovation is more prudent than	59544
construction of new beds.	59545

(CC) "Tax costs" means the costs of taxes imposed under	59546
Chapter 5751. of the Revised Code, real estate taxes, personal	59547
property taxes, and corporate franchise taxes.	59548

(DD) "Title XIX" means Title XIX of the "Social Security	59549
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	59550

~~(DD)~~(EE) "Title XVIII" means Title XVIII of the "Social	59551
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	59552

Sec. 5111.222. (A) Except as otherwise provided by sections	59553
5111.20 to 5111.331 of the Revised Code and by division (B) of	59554
this section, the total rate that the department of job and family	59555
services shall agree to pay for a fiscal year to the provider of a	59556
nursing facility pursuant to a provider agreement shall equal the	59557
sum of all of the following:	59558

(1) The rate for direct care costs determined for the nursing	59559
facility under section 5111.231 of the Revised Code;	59560

(2) The rate for ancillary and support costs determined for	59561
the nursing facility's ancillary and support cost peer group under	59562
section 5111.24 of the Revised Code;	59563

(3) The rate for tax costs determined for the nursing	59564
facility under section 5111.242 of the Revised Code;	59565

(4) The quality incentive payment paid to the nursing	59566
facility under section 5111.244 of the Revised Code;	59567

(5) If the nursing facility qualifies as a critical access	59568
nursing facility, the critical access incentive payment paid to	59569
the nursing facility under section 5111.246 of the Revised Code;	59570

(6) The rate for capital costs determined for the nursing	59571
facility's capital costs peer group under section 5111.25 of the	59572
Revised Code.	59573

(B) The department shall adjust the rates otherwise	59574
determined under division (A) of this section as directed by the	59575
general assembly through the enactment of law governing medicaid	59576
payments to providers of nursing facilities, including any law	59577
that establishes factors by which the rates are to be adjusted.	59578

(C) In addition to paying a nursing facility provider the	59579
total rate determined for the nursing facility under division (A)	59580
of this section for a fiscal year, the department shall pay the	59581
provider a quality bonus under section 5111.245 of the Revised	59582
Code for that fiscal year if the provider's nursing facility is a	59583
qualifying nursing facility, as defined in that section, for that	59584
fiscal year. The quality bonus shall not be part of the total	59585
rate.	59586

Sec. 5111.23. (A) The department of job and family services	59587
shall pay a provider for each of the provider's eligible	59588
intermediate care facilities for the mentally retarded a per	59589
resident per day rate for direct care costs established	59590
prospectively for each facility. The department shall establish	59591
each facility's rate for direct care costs quarterly.	59592

(B) Each facility's rate for direct care costs shall be based	59593
on the facility's cost per case-mix unit, subject to the maximum	59594
costs per case-mix unit established under division (B)(2) of this	59595
section, from the calendar year preceding the fiscal year in which	59596
the rate is paid. To determine the rate, the department shall do	59597
all of the following:	59598

(1) Determine each facility's cost per case-mix unit for the	59599
calendar year preceding the fiscal year in which the rate will be	59600
paid by dividing the facility's desk-reviewed, actual, allowable,	59601
per diem direct care costs for that year by its average case-mix	59602
score determined under section 5111.232 of the Revised Code for	59603
the same calendar year.	59604

(2)(a) Set the maximum cost per case-mix unit for each peer	59605
group of intermediate care facilities for the mentally retarded	59606
with more than eight beds specified in rules adopted under	59607
division (F) of this section at a percentage above the cost per	59608
case-mix unit of the facility in the group that has the group's	59609
median medicaid ~~inpatient~~ day for the calendar year preceding the	59610
fiscal year in which the rate will be paid, as calculated under	59611
division (B)(1) of this section, that is no less than the	59612
percentage calculated under division (E)(2) of this section.	59613

(b) Set the maximum cost per case-mix unit for each peer	59614
group of intermediate care facilities for the mentally retarded	59615
with eight or fewer beds specified in rules adopted under division	59616
(F) of this section at a percentage above the cost per case-mix	59617
unit of the facility in the group that has the group's median	59618
medicaid ~~inpatient~~ day for the calendar year preceding the fiscal	59619
year in which the rate will be paid, as calculated under division	59620
(B)(1) of this section, that is no less than the percentage	59621
calculated under division (E)(3) of this section.	59622

(c) In calculating the maximum cost per case-mix unit under	59623
divisions (B)(2)(a) and (b) of this section for each peer group,	59624
the department shall exclude from its calculations the cost per	59625
case-mix unit of any facility in the group that participated in	59626
the medicaid program under the same operator for less than twelve	59627
months during the calendar year preceding the fiscal year in which	59628
the rate will be paid.	59629

(3) Estimate the rate of inflation for the eighteen-month	59630
period beginning on the first day of July of the calendar year	59631
preceding the fiscal year in which the rate will be paid and	59632
ending on the thirty-first day of December of the fiscal year in	59633
which the rate will be paid, using the index specified in division	59634
(C) of this section. If the estimated inflation rate for the	59635
eighteen-month period is different from the actual inflation rate	59636
for that period, as measured using the same index, the difference	59637
shall be added to or subtracted from the inflation rate estimated	59638
under division (B)(3) of this section for the following fiscal	59639
year.	59640

(4) The department shall not recalculate a maximum cost per	59641
case-mix unit under division (B)(2) of this section or a	59642
percentage under division (E) of this section based on additional	59643
information that it receives after the maximum costs per case-mix	59644
unit or percentages are set. The department shall recalculate a	59645
maximum cost per case-mix units or percentage only if it made an	59646
error in computing the maximum cost per case-mix unit or	59647
percentage based on information available at the time of the	59648
original calculation.	59649

(C) The department shall use the following index for the	59650
purpose of division (B)(3) of this section:	59651

(1) The employment cost index for total compensation, health	59652
services component, published by the United States bureau of labor	59653
statistics;	59654

(2) If the United States bureau of labor statistics ceases to	59655
publish the index specified in division (C)(1) of this section,	59656
the index that is subsequently published by the bureau and covers	59657
nursing facilities' staff costs.	59658

(D) Each facility's rate for direct care costs shall be	59659
determined as follows for each calendar quarter within a fiscal	59660
year:	59661

(1) Multiply the lesser of the following by the facility's	59662
average case-mix score determined under section 5111.232 of the	59663
Revised Code for the calendar quarter that preceded the	59664
immediately preceding calendar quarter:	59665

(a) The facility's cost per case-mix unit for the calendar	59666
year preceding the fiscal year in which the rate will be paid, as	59667
determined under division (B)(1) of this section;	59668

(b) The maximum cost per case-mix unit established for the	59669
fiscal year in which the rate will be paid for the facility's peer	59670
group under division (B)(2) of this section;	59671

(2) Adjust the product determined under division (D)(1) of	59672
this section by the inflation rate estimated under division (B)(3)	59673
of this section.	59674

(E)(1) The department shall calculate the percentage above	59675
the median cost per case-mix unit determined under division (B)(1)	59676
of this section for the facility that has the median medicaid	59677
~~inpatient~~ day for calendar year 1992 for all intermediate care	59678
facilities for the mentally retarded with more than eight beds	59679
that would result in payment of all desk-reviewed, actual,	59680
allowable direct care costs for eighty and one-half per cent of	59681
the medicaid ~~inpatient~~ days for such facilities for calendar year	59682
1992.	59683

(2) The department shall calculate the percentage above the	59684
median cost per case-mix unit determined under division (B)(1) of	59685
this section for the facility that has the median medicaid	59686
~~inpatient~~ day for calendar year 1992 for all intermediate care	59687
facilities for the mentally retarded with eight or fewer beds that	59688
would result in payment of all desk-reviewed, actual, allowable	59689
direct care costs for eighty and one-half per cent of the medicaid	59690
~~inpatient~~ days for such facilities for calendar year 1992.	59691

(F) The director of job and family services shall adopt rules	59692
under section 5111.02 of the Revised Code that specify peer groups	59693
of intermediate care facilities for the mentally retarded with	59694
more than eight beds and intermediate care facilities for the	59695
mentally retarded with eight or fewer beds, based on findings of	59696
significant per diem direct care cost differences due to geography	59697
and facility bed-size. The rules also may specify peer groups	59698
based on findings of significant per diem direct care cost	59699
differences due to other factors which may include case-mix.	59700

(G) The department, in accordance with division (D) of	59701
section 5111.232 of the Revised Code and rules adopted under	59702
division (F) of that section, may assign case-mix scores or costs	59703
per case-mix unit if a provider fails to submit assessment data	59704
necessary to calculate an intermediate care facility for the	59705
mentally retarded's case-mix score in accordance with that	59706
section.	59707

Sec. 5111.242. (A) As used in this section:

59708

~~(1) "Applicable~~, "applicable calendar year" means the	59709
following:	59710

~~(a)~~(1) For the purpose of the department of job and family	59711
services' initial determination under this section of nursing	59712
facilities' rate for tax costs, calendar year 2003;	59713

~~(b)~~(2) For the purpose of the department's subsequent	59714
determinations under division (C) of this section of nursing	59715
facilities' rate for tax costs, the calendar year the department	59716
selects.	59717

~~(2) "Tax costs" means the costs of taxes imposed under~~	59718
~~Chapter 5751. of the Revised Code, real estate taxes, personal~~	59719
~~property taxes, and corporate franchise taxes.~~	59720

(B) The department of job and family services shall pay a	59721
provider for each of the provider's eligible nursing facilities a	59722
per resident per day rate for tax costs determined under division	59723
(C) of this section.	59724

(C) At least once every ten years, the department shall	59725
determine the rate for tax costs for each nursing facility. The	59726
rate for tax costs determined under this division for a nursing	59727
facility shall be used for subsequent years until the department	59728
redetermines it. To determine a nursing facility's rate for tax	59729
costs and except as provided in division (D) of this section, the	59730
department shall divide the nursing facility's desk-reviewed,	59731
actual, allowable tax costs paid for the applicable calendar year	59732
by the number of inpatient days the nursing facility would have	59733
had if its occupancy rate had been one hundred per cent during the	59734
applicable calendar year.	59735

(D) If a nursing facility had a credit regarding its real	59736
estate taxes reflected on its cost report for calendar year 2003,	59737
the department shall determine its rate for tax costs for the	59738
period beginning on July 1, 2010, and ending on the first day of	59739
the fiscal year for which the department first redetermines all	59740
nursing facilities' rate for tax costs under division (C) of this	59741
section by dividing the nursing facility's desk-reviewed, actual,	59742
allowable tax costs paid for calendar year 2004 by the number of	59743
inpatient days the nursing facility would have had if its	59744
occupancy rate had been one hundred per cent during calendar year	59745
2004.	59746

Sec. 5111.246. (A) Each fiscal year, the department of job	59747
and family services shall pay a critical access incentive payment	59748
to the provider of each nursing facility that qualifies as a	59749
critical access nursing facility. To qualify as a critical access	59750
nursing facility for a fiscal year, a nursing facility must meet	59751
all of the following requirements:	59752

(1) The nursing facility must be located in an area that, on	59753
December 31, 2011, was designated an empowerment zone under	59754
section 1391 of the "Internal Revenue Code of 1986," 107 Stat.	59755
543, 26 U.S.C. 1391, as amended.	59756

(2) The nursing facility must have an occupancy rate of at	59757
least eighty-five per cent as of the last day of the calendar year	59758
preceding the fiscal year.	59759

(3) The nursing facility must have a medicaid utilization	59760
rate of at least sixty-five per cent as of the last day of the	59761
calendar year preceding the fiscal year.	59762

(B) A critical access nursing facility's critical access	59763
incentive payment for a fiscal year shall equal five per cent of	59764
the portion of the nursing facility's total rate for the fiscal	59765
year that is the sum of the rates and payment identified in	59766
divisions (A)(1) to (4) and (6) of section 5111.222 of the Revised	59767
Code.	59768

Sec. 5111.254. (A) The department of job and family services	59769
shall establish initial rates for a nursing facility with a first	59770
date of licensure that is on or after July 1, 2006, including a	59771
facility that replaces one or more existing facilities, or for a	59772
nursing facility with a first date of licensure before that date	59773
that was initially certified for the medicaid program on or after	59774
that date, in the following manner:	59775

(1) The rate for direct care costs shall be the product of	59776
the cost per case-mix unit determined under division (D) of	59777
section 5111.231 of the Revised Code for the facility's peer group	59778
and the nursing facility's case-mix score. For the purpose of	59779
division (A)(1) of this section, the nursing facility's case-mix	59780
score shall be the following:	59781

(a) Unless the nursing facility replaces an existing nursing	59782
facility that participated in the medicaid program immediately	59783
before the replacement nursing facility begins participating in	59784
the medicaid program, the median annual average case-mix score for	59785
the nursing facility's peer group;	59786

(b) If the nursing facility replaces an existing nursing	59787
facility that participated in the medicaid program immediately	59788
before the replacement nursing facility begins participating in	59789
the medicaid program, the semiannual case-mix score most recently	59790
determined under section 5111.232 of the Revised Code for the	59791
replaced nursing facility as adjusted, if necessary, to reflect	59792
any difference in the number of beds in the replaced and	59793
replacement nursing facilities.	59794

(2) The rate for ancillary and support costs shall be the	59795
rate for the facility's peer group determined under division (D)	59796
of section 5111.24 of the Revised Code.	59797

(3) The rate for capital costs shall be the rate for the	59798
facility's peer group determined under division (D) of section	59799
5111.25 of the Revised Code.	59800

(4) The rate for tax costs ~~as defined in section 5111.242 of~~	59801
~~the Revised Code~~ shall be the median rate for tax costs for the	59802
facility's peer group in which the facility is placed under	59803
division (C) of section 5111.24 of the Revised Code.	59804

(5) The quality incentive payment shall be the mean payment	59805
made to nursing facilities under section 5111.244 of the Revised	59806
Code.	59807

(B) Subject to division (C) of this section, the department	59808
shall adjust the rates established under division (A) of this	59809
section effective the first day of July, to reflect new rate	59810
calculations for all nursing facilities under sections 5111.20 to	59811
5111.331 of the Revised Code.	59812

(C) If a rate for direct care costs is determined under this	59813
section for a nursing facility using the median annual average	59814
case-mix score for the nursing facility's peer group, the rate	59815
shall be redetermined to reflect the replacement nursing	59816
facility's actual semiannual case-mix score determined under	59817
section 5111.232 of the Revised Code after the nursing facility	59818
submits its first two quarterly assessment data that qualify for	59819
use in calculating a case-mix score in accordance with rules	59820
authorized by division (E) of section 5111.232 of the Revised	59821
Code. If the nursing facility's quarterly submissions do not	59822
qualify for use in calculating a case-mix score, the department	59823
shall continue to use the median annual average case-mix score for	59824
the nursing facility's peer group in lieu of the nursing	59825
facility's semiannual case-mix score until the nursing facility	59826
submits two consecutive quarterly assessment data that qualify for	59827
use in calculating a case-mix score.	59828

Sec. 5111.862. (A) As used in this section:

59829

"Hospital long-term care unit" has the same meaning as in	59830
section 3721.50 of the Revised Code.	59831

"Nursing facility" has the same meaning as in section 5111.20	59832
of the Revised Code.	59833

"Ohio home care program" means the medicaid waiver component	59834
created under section 5111.861 of the Revised Code.	59835

"Residential treatment facility" means a residential facility	59836
licensed by the department of mental health under section 5119.22	59837
of the Revised Code, or an institution certified by the department	59838
of job and family services under section 5103.03 of the Revised	59839
Code, that serves children and either has more than sixteen beds	59840
or is part of a campus of multiple facilities or institutions	59841
that, combined, have a total of more than sixteen beds.	59842

(B) Subject to division (C) of section 5111.861 of the	59843
Revised Code, the department of job and family services shall	59844
establish a home first component for the Ohio home care program.	59845
An individual is eligible for the Ohio home care program's home	59846
first component if the individual has been determined to be	59847
eligible for the Ohio home care program and at least one of the	59848
following applies:	59849

(1) If the individual is under twenty-one years of age, the	59850
individual received inpatient hospital services for at least	59851
fourteen consecutive days, or had at least three inpatient	59852
hospital stays during the twelve months, immediately preceding the	59853
date the individual applies for the Ohio home care program.	59854

(2) If the individual is at least twenty-one but less than	59855
sixty years of age, the individual received inpatient hospital	59856
services for at least fourteen consecutive days immediately	59857
preceding the date the individual applies for the Ohio home care	59858
program.	59859

(3) The individual received private duty nursing services	59860
under the medicaid program for at least twelve consecutive months	59861
immediately preceding the date the individual applies for the Ohio	59862
home care program.	59863

(4) The individual does not reside in a nursing facility or	59864
hospital long-term care unit at the time the individual applies	59865
for the Ohio home care program but is at risk of imminent	59866
admission to a nursing facility or hospital long-term care unit	59867
due to a documented loss of a primary caregiver.	59868

(5) The individual resides in a nursing facility at the time	59869
the individual applies for the Ohio home care program.	59870

(6) At the time the individual applies for the Ohio home care	59871
program, the individual participates in the money follows the	59872
person demonstration project authorized by section 6071 of the	59873
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	59874
and either resides in a residential treatment facility or	59875
inpatient hospital setting.	59876

(C) An individual determined to be eligible for the home	59877
first component of the Ohio home care program shall be enrolled in	59878
the Ohio home care program in accordance with rules adopted under	59879
section 5111.85 of the Revised Code.	59880

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	59881
of the Revised Code:	59882

"Home and community-based services" has the same meaning as	59883
in section 5123.01 of the Revised Code.	59884

"ICF/MR services" means intermediate care facility for the	59885
mentally retarded services covered by the medicaid program that an	59886
intermediate care facility for the mentally retarded provides to a	59887
resident of the facility who is a medicaid recipient eligible for	59888
medicaid-covered intermediate care facility for the mentally	59889
retarded services.	59890

"Intermediate care facility for the mentally retarded" means	59891
an intermediate care facility for the mentally retarded that is	59892
certified as in compliance with applicable standards for the	59893
medicaid program by the director of health in accordance with	59894
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	59895
U.S.C. 1396, as amended, and licensed as a residential facility	59896
under section 5123.19 of the Revised Code.	59897

"Residential facility" has the same meaning as in section	59898
5123.19 of the Revised Code.	59899

(B) For the purpose of increasing the number of slots	59900
available for home and community-based services and subject to	59901
sections 5111.877 and 5111.878 of the Revised Code, the operator	59902
of an intermediate care facility for the mentally retarded may	59903
convert some or all of the beds in the facility from providing	59904
ICF/MR services to providing home and community-based services if	59905
all of the following requirements are met:	59906

(1) The operator provides the directors of health~~, job and~~	59907
~~family services,~~ and developmental disabilities at least ninety	59908
days' notice of the operator's intent to make the conversion.	59909

(2) The operator complies with the requirements of sections	59910
5111.65 to 5111.689 of the Revised Code regarding a voluntary	59911
termination as defined in section 5111.65 of the Revised Code if	59912
those requirements are applicable.	59913

(3) If the operator intends to convert all of the facility's	59914
beds, the operator notifies each of the facility's residents that	59915
the facility is to cease providing ICF/MR services and inform each	59916
resident that the resident may do either of the following:	59917

(a) Continue to receive ICF/MR services by transferring to	59918
another facility that is an intermediate care facility for the	59919
mentally retarded willing and able to accept the resident if the	59920
resident continues to qualify for ICF/MR services;	59921

(b) Begin to receive home and community-based services	59922
instead of ICF/MR services from any provider of home and	59923
community-based services that is willing and able to provide the	59924
services to the resident if the resident is eligible for the	59925
services and a slot for the services is available to the resident.	59926

(4) If the operator intends to convert some but not all of	59927
the facility's beds, the operator notifies each of the facility's	59928
residents that the facility is to convert some of its beds from	59929
providing ICF/MR services to providing home and community-based	59930
services and inform each resident that the resident may do either	59931
of the following:	59932

(a) Continue to receive ICF/MR services from any provider of	59933
ICF/MR services that is willing and able to provide the services	59934
to the resident if the resident continues to qualify for ICF/MR	59935
services;	59936

(b) Begin to receive home and community-based services	59937
instead of ICF/MR services from any provider of home and	59938
community-based services that is willing and able to provide the	59939
services to the resident if the resident is eligible for the	59940
services and a slot for the services is available to the resident.	59941

(5) The operator meets the requirements for providing home	59942
and community-based services, including the following:	59943

(a) Such requirements applicable to a residential facility if	59944
the operator maintains the facility's license as a residential	59945
facility;	59946

(b) Such requirements applicable to a facility that is not	59947
licensed as a residential facility if the operator surrenders the	59948
facility's license as a residential facility ~~license~~ under section	59949
5123.19 of the Revised Code.	59950

(6) The ~~directors~~director of developmental disabilities ~~and~~	59951
~~job and family services approve~~approves the conversion.	59952

(C) A decision by the ~~directors~~director of developmental	59953
disabilities to approve or refuse to approve a proposed conversion	59954
of beds is final. In making a decision, the ~~directors~~director	59955
shall consider all of the following:	59956

(1) The fiscal impact on the facility if some but not all of	59957
the beds are converted;	59958

(2) The fiscal impact on the medical assistance program;

59959

(3) The availability of home and community-based services.

59960

(D) The notice provided to the directors under division	59961
(B)(1) of this section shall specify whether some or all of the	59962
facility's beds are to be converted. If some but not all of the	59963
beds are to be converted, the notice shall specify how many of the	59964
facility's beds are to be converted and how many of the beds are	59965
to continue to provide ICF/MR services. The notice to the director	59966
of developmental disabilities shall specify whether the operator	59967
wishes to surrender the facility's license as a residential	59968
facility under section 5123.19 of the Revised Code.	59969

(E)(1) If the ~~directors~~director of developmental	59970
disabilities ~~and job and family services approve~~approves a	59971
conversion under division (C) of this section, the director of	59972
health shall do the following:	59973

(a) Terminate the certification of the intermediate care	59974
facility for the mentally retarded if the notice specifies that	59975
all of the facility's beds are to be converted;	59976

(b) Reduce the facility's certified capacity by the number of	59977
beds being converted if the notice specifies that some but not all	59978
of the beds are to be converted.	59979

(2) The director of health shall notify the director of job	59980
and family services of the termination or reduction. On receipt of	59981
the director of health's notice, the director of job and family	59982
services shall do the following:	59983

(a) Terminate the operator's medicaid provider agreement that	59984
authorizes the operator to provide ICF/MR services at the facility	59985
if the facility's certification was terminated;	59986

(b) Amend the operator's medicaid provider agreement to	59987
reflect the facility's reduced certified capacity if the	59988
facility's certified capacity is reduced.	59989

(3) In the case of action taken under division (E)(2)(a) of	59990
this section, the operator is not entitled to notice or a hearing	59991
under Chapter 119. of the Revised Code before the director of job	59992
and family services terminates the medicaid provider agreement.	59993

Sec. 5111.877. The director of job and family services may	59994
seek approval from the United States secretary of health and human	59995
services for not more than a total of ~~two~~five hundred slots for	59996
home and community-based services for the purposes of sections	59997
5111.874, 5111.875, and 5111.876 of the Revised Code.	59998

Sec. 5111.878. Not more than a total of ~~one~~five hundred beds	59999
may be converted from providing ICF/MR services to providing home	60000
and community-based services under sections 5111.874 and 5111.875	60001
of the Revised Code.	60002

Sec. 5111.894. (A) Subject to division (C)(2) of section	60003
5111.89 of the Revised Code, the department of aging shall	60004
establish a home first component of the assisted living program	60005
under which eligible individuals may be enrolled in the	60006
medicaid-funded component of the assisted living program in	60007
accordance with this section. An individual is eligible for the	60008
assisted living program's home first component if both of the	60009
following apply:	60010

(1) The individual has been determined to be eligible for the	60011
medicaid-funded component of the assisted living program.	60012

(2) At least one of the following applies:

60013

(a) The individual has been admitted to a nursing facility.

60014

(b) A physician has determined and documented in writing that	60015
the individual has a medical condition that, unless the individual	60016
is enrolled in home and community-based services such as the	60017
assisted living program, will require the individual to be	60018
admitted to a nursing facility within thirty days of the	60019
physician's determination.	60020

(c) The individual has been hospitalized and a physician has	60021
determined and documented in writing that, unless the individual	60022
is enrolled in home and community-based services such as the	60023
assisted living program, the individual is to be transported	60024
directly from the hospital to a nursing facility and admitted.	60025

(d) Both of the following apply:

60026

(i) The individual is the subject of a report made under	60027
section 5101.61 of the Revised Code regarding abuse, neglect, or	60028
exploitation or such a report referred to a county department of	60029
job and family services under section 5126.31 of the Revised Code	60030
or has made a request to a county department for protective	60031
services as defined in section 5101.60 of the Revised Code.	60032

(ii) A county department of job and family services and an	60033
area agency on aging have jointly documented in writing that,	60034
unless the individual is enrolled in home and community-based	60035
services such as the assisted living program, the individual	60036
should be admitted to a nursing facility.	60037

~~(e) The individual resided in a residential care facility for~~	60038
~~at least six months immediately before applying for the~~	60039
~~medicaid-funded component of the assisted living program and is at~~	60040
~~risk of imminent admission to a nursing facility because the costs~~	60041
~~of residing in the residential care facility have depleted the~~	60042
~~individual's resources such that the individual is unable to~~	60043
~~continue to afford the cost of residing in the residential care~~	60044
~~facility.~~	60045

(B) Each month, each area agency on aging shall identify	60046
individuals residing in the area that the area agency on aging	60047
serves who are eligible for the home first component of the	60048
assisted living program. When an area agency on aging identifies	60049
such an individual and determines that there is a vacancy in a	60050
residential care facility participating in the medicaid-funded	60051
component of the assisted living program that is acceptable to the	60052
individual, the agency shall notify the long-term care	60053
consultation program administrator serving the area in which the	60054
individual resides. The administrator shall determine whether the	60055
assisted living program is appropriate for the individual and	60056
whether the individual would rather participate in the assisted	60057
living program than continue or begin to reside in a nursing	60058
facility. If the administrator determines that the assisted living	60059
program is appropriate for the individual and the individual would	60060
rather participate in the assisted living program than continue or	60061
begin to reside in a nursing facility, the administrator shall so	60062
notify the department of aging. On receipt of the notice from the	60063
administrator, the department shall approve the individual's	60064
enrollment in the medicaid-funded component of the assisted living	60065
program regardless of the unified waiting list established under	60066
section 173.404 of the Revised Code, unless the enrollment would	60067
cause the component to exceed any limit on the number of	60068
individuals who may participate in the component as set by the	60069
United States secretary of health and human services in the	60070
assisted living waiver.	60071

Sec. 5111.941. (A) The ~~medicaid revenue and collections~~	60072
health care/medicaid support and recoveries fund is hereby created	60073
in the state treasury. ~~Except~~All of the following shall be	60074
credited to the fund:	60075

(1) Except as otherwise provided by statute or as authorized	60076
by the controlling board, the nonfederal share of all	60077
medicaid-related revenues, collections, and recoveries ~~shall be~~	60078
~~credited to the fund~~;	60079

(2) Federal reimbursement received for payment adjustments	60080
made pursuant to section 1923 of the "Social Security Act," 101	60081
Stat. 1330-148 (1987), 42 U.S.C. 1396r-4, as amended, under the	60082
medicaid program to state mental health hospitals maintained and	60083
operated by the department of mental health under division (A) of	60084
section 5119.02 of the Revised Code;	60085

(3) Revenues the department of job and family services	60086
receives from another state agency for medicaid services pursuant	60087
to an interagency agreement, other than such revenues required to	60088
be deposited into the health care services administration fund	60089
created under section 5111.94 of the Revised Code;	60090

(4) The first seven hundred fifty thousand dollars the	60091
department receives in a fiscal year for performing eligibility	60092
verification services necessary for compliance with the	60093
independent, certified audit requirement of 42 C.F.R. 455.304.	60094

(B) The department of job and family services shall use money	60095
credited to the ~~medicaid revenue and collections~~health	60096
care/medicaid support and recoveries fund to pay for medicaid	60097
services and contracts.	60098

Sec. 5111.946. (A) As used in this section, "medicaid	60099
managed care organization" means a managed care organization under	60100
contract with the department of job and family services pursuant	60101
to section 5111.17 of the Revised Code.	60102

(B) There is hereby created in the state treasury the health	60103
care compliance fund. All of the following shall be credited to	60104
the fund:	60105

(1) All fines imposed on and collected from medicaid managed	60106
care organizations for failure to meet performance standards or	60107
other requirements specified in provider agreements or rules	60108
adopted by the department;	60109

(2) Money the department receives in a fiscal year for	60110
performing eligibility verification services necessary for	60111
compliance with the independent, certified audit requirement of 42	60112
C.F.R. 455.304, other than the amounts of such money that are to	60113
be credited to the medicaid revenue and collections fund under	60114
section 5111.941 of the Revised Code;	60115

(3) All investment earnings of the fund.

60116

(C) Money credited to the health care compliance fund shall	60117
be used solely for the following purposes:	60118

(1) To reimburse medicaid managed care organizations that	60119
have paid fines for failure to meet performance standards or other	60120
requirements and have come into compliance by meeting requirements	60121
as specified by the department;	60122

(2) To provide financial incentive awards established	60123
pursuant to section 5111.171 of the Revised Code and specified in	60124
contracts between medicaid managed care organizations and the	60125
department.	60126

Sec. 5111.96. (A) As used in this section, "MFP	60127
demonstration project" means a money follows the person	60128
demonstration project that the United States secretary of health	60129
and human services is authorized to award under section 6071 of	60130
the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, as	60131
amended).	60132

(B) To the extent funds are available under an MFP	60133
demonstration project awarded to the department of job and family	60134
services, the director of job and family services may operate the	60135
helping Ohioans move, expanding (HOME) choice demonstration	60136
component of the medicaid program to transition medicaid	60137
recipients who qualify for the demonstration component to	60138
community settings. The director may adopt rules in accordance	60139
with Chapter 119. of the Revised Code for the administration and	60140
operation of the demonstration component.	60141

Sec. 5111.97. (A) As used in this section~~, "nursing~~:

60142

(1) "Home and community-based services medicaid waiver	60143
component" has the same meaning as in section 5111.85 of the	60144
Revised Code.	60145

(2) "Nursing facility" has the same meaning as in section	60146
5111.20 of the Revised Code.	60147

(B) To the extent funds are available, the director of job	60148
and family services may establish the Ohio access success project	60149
to help medicaid recipients make the transition from residing in a	60150
nursing facility to residing in a community setting. The project	60151
may be established as a separate nonmedicaid program or integrated	60152
into a new or existing ~~program of medicaid-funded~~ home and	60153
community-based services ~~authorized by a~~medicaid waiver ~~approved~~	60154
~~by the United States department of health and human services~~	60155
component. The director shall permit any recipient of	60156
medicaid-funded nursing facility services to apply for	60157
participation in the project, but may limit the number of project	60158
participants.	60159

The director shall ensure that an assessment of an applicant	60160
is conducted as soon as practicable to determine whether the	60161
applicant is eligible for participation in the project. To the	60162
maximum extent possible, the assessment and eligibility	60163
determination shall be completed not later than the date that	60164
occurs six months after the applicant became a recipient of	60165
medicaid-funded nursing facility services.	60166

(C) To be eligible for benefits under the project, a medicaid	60167
recipient must satisfy all of the following requirements:	60168

(1) The medicaid recipient must be a recipient of	60169
medicaid-funded nursing facility services, at the time of applying	60170
for the project benefits.	60171

(2) If the project is established as a nonmedicaid program,	60172
the medicaid recipient must be able to remain in the community as	60173
a result of receiving project benefits and the projected cost of	60174
the benefits to the project does not exceed eighty per cent of the	60175
average monthly medicaid cost of a medicaid recipient in a nursing	60176
facility.	60177

(3) If the project is integrated into a ~~medicaid-funded~~ home	60178
and community-based services medicaid waiver ~~program~~component,	60179
the medicaid recipient must meet the waiver component's enrollment	60180
criteria.	60181

(D) If the director establishes the Ohio access success	60182
project, the benefits provided under the project may include	60183
payment of all of the following:	60184

(1) The first month's rent in a community setting;

60185

(2) Rental deposits;

60186

(3) Utility deposits;

60187

(4) Moving expenses;

60188

(5) Other expenses not covered by the medicaid program that	60189
facilitate a medicaid recipient's move from a nursing facility to	60190
a community setting.	60191

(E) If the project is established as a nonmedicaid program,	60192
no participant may receive more than two thousand dollars' worth	60193
of benefits under the project.	60194

(F) If the department of job and family services enters into	60195
a contract with an entity to provide fiscal management services	60196
regarding the project, the contract may provide for a portion of a	60197
participant's benefits under the project to be paid to the	60198
contracting entity. The contract shall specify the portion to be	60199
paid to the contracting entity.	60200

(G) The director may submit a request to the United States	60201
secretary of health and human services pursuant to section 1915 of	60202
the "Social Security Act," 7995 Stat. ~~286~~809 (~~1965~~1981), 42	60203
U.S.C. 1396n, as amended, to create a ~~medicaid~~ home and	60204
community-based services medicaid waiver ~~program~~component to	60205
serve individuals who meet the criteria for participation in the	60206
Ohio access success project. ~~The~~	60207

(H) The director may adopt rules ~~under~~in accordance with	60208
Chapter 119. of the Revised Code for the administration and	60209
operation of the project. If the project is integrated into a home	60210
and community-based services medicaid waiver component, the rules	60211
shall be adopted under section 5111.85 of the Revised Code.	60212

Sec. 5112.31. The department of job and family services	60213
shall do all of the following:	60214

(A) Subject to section 5112.331 of the Revised Code and	60215
divisions (B) and (C) of this section and for the purposes	60216
specified in ~~sections 5112.37 and~~section 5112.371 of the Revised	60217
Code, assess for each fiscal year each intermediate care facility	60218
for the mentally retarded a franchise permit fee equal to the	60219
franchise permit fee rate multiplied by the product of the	60220
following:	60221

(1) The number of beds certified under Title XIX of the	60222
"Social Security Act" on the first day of May of the calendar year	60223
in which the assessment is determined pursuant to division (A) of	60224
section 5112.33 of the Revised Code;	60225

(2) The number of days in the fiscal year.

60226

(B) If the total amount of the franchise permit fee assessed	60227
under division (A) of this section for a fiscal year exceeds the	60228
indirect guarantee percentage of the actual net patient revenue	60229
for all intermediate care facilities for the mentally retarded for	60230
that fiscal year and seventy-five per cent or more of the total	60231
number of intermediate care facilities for the mentally retarded	60232
receive enhanced medicaid payments or other state payments equal	60233
to seventy-five per cent or more of their total franchise permit	60234
fee assessments, do both of the following:	60235

(1) Recalculate the assessments under division (A) of this	60236
section using a per bed per day rate equal to the indirect	60237
guarantee percentage of actual net patient revenue for all	60238
intermediate care facilities for the mentally retarded for that	60239
fiscal year;	60240

(2) Refund the difference between the amount of the franchise	60241
permit fee assessed for that fiscal year under division (A) of	60242
this section and the amount recalculated under division (B)(1) of	60243
this section as a credit against the assessments imposed under	60244
division (A) of this section for the subsequent fiscal year.	60245

(C) If the United States secretary of health and human	60246
services determines that the franchise permit fee established by	60247
sections 5112.30 to 5112.39 of the Revised Code would be an	60248
impermissible health care-related tax under section 1903(w) of the	60249
"Social Security Act," 105 Stat. 1793 (1991), 42 U.S.C.A.	60250
1396b(w), as amended, take all necessary actions to cease	60251
implementation of those sections in accordance with rules adopted	60252
under section 5112.39 of the Revised Code.	60253

Sec. 5112.33. (A) Not later than the fifteenth day of August	60254
of each year, the department of job and family services shall	60255
determine the annual franchise permit fee for each intermediate	60256
care facility for the mentally retarded in accordance with section	60257
5112.31 of the Revised Code.	60258

(B) Not later than the first day of September of each year,	60259
the department shall mail to each intermediate care facility for	60260
the mentally retarded notice of the amount of the franchise permit	60261
fee the facility has been assessed under section 5112.31 of the	60262
Revised Code.	60263

(C) ~~Each~~Subject to section 5112.331 of the Revised Code,	60264
each intermediate care facility for the mentally retarded shall	60265
pay its fee under section 5112.31 of the Revised Code to the	60266
department in quarterly installment payments not later than	60267
forty-five days after the last day of each September, December,	60268
March, and June.	60269

Sec. 5112.331. (A) If, after the date the department of job	60270
and family services determines an intermediate care facility for	60271
the mentally retarded's franchise permit fee for a fiscal year	60272
under section 5112.33 of the Revised Code, the department receives	60273
a notice from the director of health under section 5111.874 of the	60274
Revised Code regarding a conversion of one or more of the	60275
facility's beds to providing home and community-based services,	60276
the department shall do the following:	60277

(1) If the director's notice indicates that the facility's	60278
medicaid certification has been terminated, terminate the	60279
facility's franchise permit fee effective on the first day of the	60280
quarter immediately following the quarter in which the department	60281
receives the director's notice;	60282

(2) If the director's notice indicates that the facility's	60283
certified capacity under medicaid has been reduced, redetermine	60284
the facility's franchise permit fee in accordance with division	60285
(B) of this section.	60286

(B)(1) To redetermine an intermediate care facility for the	60287
mentally retarded's franchise permit fee, the department shall	60288
multiply the franchise permit fee rate by the product of the	60289
following:	60290

(a) The number of the facility's beds that remain certified	60291
under Title XIX of the "Social Security Act" as of the date the	60292
conversion takes effect;	60293

(b) The number of days remaining in the fiscal year as of the	60294
first day of the quarter immediately following the quarter in	60295
which the department receives the director's notice, including	60296
that first day.	60297

(2) The intermediate care facility for the mentally retarded	60298
shall pay its franchise permit fee as redetermined under division	60299
(B)(1) of this section in installment payments not later than	60300
forty-five days after the last day of each of the quarters	60301
remaining in the fiscal year for which the redetermination is	60302
made.	60303

Sec. 5112.341. (A) In addition to assessing a penalty	60304
pursuant to section 5112.34 of the Revised Code, the department of	60305
job and family services may do any of the following if an	60306
intermediate care facility for the mentally retarded fails to pay	60307
the full amount of a franchise permit fee installment when due:	60308

(1) Withhold an amount less than or equal to the installment	60309
and penalty assessed under section 5112.34 of the Revised Code	60310
from a medicaid payment due the facility until the facility pays	60311
the installment and penalty;	60312

(2) Offset an amount less than or equal to the installment	60313
and penalty assessed under section 5112.34 of the Revised Code	60314
from a ~~Medicaid~~medicaid payment due the ~~nursing~~ facility or	60315
~~hospital~~;	60316

(3) Terminate the facility's medicaid provider agreement.

60317

(B) The department may offset a medicaid payment under	60318
division (A) of this section without providing notice to the	60319
intermediate care facility for the mentally retarded and without	60320
conducting an adjudication under Chapter 119. of the Revised Code.	60321

Sec. 5112.37. There is hereby created in the state treasury	60322
the home and community-based services for the mentally retarded	60323
and developmentally disabled fund. ~~Eighty-one and seventy-seven~~	60324
~~hundredths per cent of all~~All installment payments and penalties	60325
paid by an intermediate care facility for the mentally retarded	60326
under sections 5112.33 and 5112.34 of the Revised Code ~~for state~~	60327
~~fiscal year 2012~~ shall be deposited into the fund. ~~Eighty-two and~~	60328
~~two tenths per cent of all installment payments and penalties paid~~	60329
~~by an intermediate care facility for the mentally retarded under~~	60330
~~sections 5112.33 and 5112.34 of the Revised Code for state fiscal~~	60331
~~year 2013 and thereafter shall be deposited into the fund. The~~	60332
~~department~~As soon as possible after the end of each quarter, the	60333
director of job and family services shall ~~distribute~~certify to	60334
the director of budget and management the amount of money inthat	60335
is in the fund ~~in accordance with rules adopted under section~~	60336
~~5112.39 of the Revised Code~~as of the last day of that quarter.	60337
~~The departments of job and family services and developmental~~	60338
~~disabilities shall use the money for the medicaid program~~	60339
~~established under Chapter 5111. of the Revised Code and home and~~	60340
~~community-based services to mentally retarded and developmentally~~	60341
~~disabled persons.~~On receipt of a certification, the director of	60342
budget and management shall transfer the amount so certified from	60343
the home and community-based services for the mentally retarded	60344
and developmentally disabled fund to the department of	60345
developmental disabilities operating and services fund created	60346
under section 5112.371 of the Revised Code.	60347

Sec. 5112.371. There is hereby created in the state treasury	60348
the department of developmental disabilities operating and	60349
services fund. ~~All installment payments and penalties paid by an~~	60350
~~intermediate care facility for the mentally retarded under~~	60351
~~sections 5112.33 and 5112.34 of the Revised Code that are not~~	60352
~~deposited into the home and community-based services for the~~	60353
~~mentally retarded and developmentally disabled fund shall be~~	60354
~~deposited into the department of developmental disabilities~~	60355
~~operating and services~~The fund shall consist of the money	60356
transferred to it under section 5112.37 of the Revised Code. The	60357
money in the fund shall be used for the expenses of the programs	60358
that the department of developmental disabilities administers and	60359
the department's administrative expenses.	60360

Sec. 5112.39. The director of job and family services shall	60361
adopt rules in accordance with Chapter 119. of the Revised Code to	60362
do ~~all~~both of the following:	60363

(A) Prescribe the actions the department will take to cease	60364
implementation of sections 5112.30 to 5112.39 of the Revised Code	60365
if the United States secretary of health and human services	60366
determines that the franchise permit fee imposed under section	60367
5112.31 of the Revised Code is an impermissible health	60368
care-related tax under section 1903(w) of the "Social Security	60369
Act," 49105 Stat. ~~620~~1793 (~~1935~~1991), 42 U.S.C.A. 1396b(w), as	60370
amended;	60371

(B) ~~Establish the method of distributing the money in the~~	60372
~~home and community-based services for the mentally retarded and~~	60373
~~developmentally disabled fund created by section 5112.37 of the~~	60374
~~Revised Code;~~	60375

~~(C)~~ Establish any other requirements or procedures the	60376
director considers necessary to implement sections 5112.30 to	60377
5112.39 of the Revised Code.	60378

Sec. 5119.22. (A)~~(1)~~ As used in this section and section	60379
5119.221 of the Revised Code:	60380

~~(a)~~(1) "Accommodations" means housing, daily meal	60381
preparation, laundry, housekeeping, arranging for transportation,	60382
social and recreational activities, maintenance, security, and	60383
other services that do not constitute personal care services or	60384
skilled nursing care.	60385

(2) "ADAMHS board" means a board of alcohol, drug addiction,	60386
and mental health services.	60387

(3) "Adult" means a person who is eighteen years of age or	60388
older, other than a person described in division (A)(4) of this	60389
section who is between eighteen and twenty-one years of age.	60390

(4) "Child" means a person who is under eighteen years of age	60391
or a person with a mental disability who is under twenty-one years	60392
of age.	60393

(5) "Community mental health agency" means a community mental	60394
health agency as defined in division (H) of section 5122.01 of the	60395
Revised Code.	60396

~~(b)~~(6) "Community mental health services" means any of the	60397
services listed in section 340.09 of the Revised Code.	60398

~~(c)~~(7) "Operator" means the person that is responsible for	60399
the administration and management of a residential facility.	60400

(8) "Personal care services" means services including, but	60401
not limited to, the following:	60402

~~(i)~~(a) Assisting residents with activities of daily living;

60403

~~(ii)~~(b) Assisting residents with self-administration of	60404
medication in accordance with rules adopted under this section;	60405

~~(iii)~~(c) Preparing special diets, other than complex	60406
therapeutic diets, for residents pursuant to the instructions of a	60407
physician or a licensed dietitian, in accordance with rules	60408
adopted under this section.	60409

"Personal care services" does not include "skilled nursing	60410
care" as defined in section 3721.01 of the Revised Code. A	60411
facility need not provide more than one of the services listed in	60412
division (A)~~(1)(c)~~(8) of this section to be considered to be	60413
providing personal care services.	60414

~~(d)~~(9) "Residential facility" means a publicly or privately	60415
operated home or facility that provides one of the following:	60416

~~(i) Room and board~~(a) Accommodations, supervision, personal	60417
care services, and community mental health services tofor one or	60418
more of the following unrelated persons ~~with mental illness or~~	60419
~~persons with severe mental disabilities~~ who are referred by or are	60420
receiving community mental health services from a community mental	60421
health agency, hospital, or practitioner;:	60422

(i) Adults with mental illness;

60423

(ii) Persons of any age with severe mental disabilities;

60424

(iii) Children with serious emotional disturbances or in need	60425
of mental health services.	60426

~~(ii) Room and board~~(b) Accommodations, supervision, and	60427
personal care services tofor three to sixteen unrelated adults or	60428
for one or two of the following unrelated persons:	60429

(i) Persons of any age with mental illness ~~or persons with~~	60430
~~severe mental disabilities~~ who are referred by or are receiving	60431
community mental health services from a community mental health	60432
agency, hospital, or practitioner;	60433

~~(iii) Room and board to~~(ii) Persons of any age with severe	60434
mental disabilities who are referred by or are receiving community	60435
mental health services from a community mental health agency,	60436
hospital, or practitioner;	60437

(iii) Adults who are recipients under the residential state	60438
supplement program.	60439

(c) Accommodations for five or more of the following	60440
unrelated persons:	60441

(i) Adults with mental illness ~~or persons with severe mental~~	60442
~~disabilities~~ who are referred by or are receiving community mental	60443
health services from a community mental health agency, hospital,	60444
or practitioner;	60445

(ii) Adults with severe mental disabilities who are referred	60446
by or are receiving community mental health services from a	60447
community mental health agency, hospital, or practitioner.	60448

~~The following are not residential facilities~~(10)	60449
"Residential facility" does not include any of the following: ~~the~~	60450
~~residence of a relative or guardian of a mentally ill individual,~~	60451
a	60452

(a) A hospital subject to licensure under section 5119.20 of	60453
the Revised Code~~, a~~;	60454

(b) A residential facility ~~as defined in~~licensed under	60455
section 5123.19 of the Revised Code~~, a facility providing care for~~	60456
~~a child in the custody of a public children services agency or a~~	60457
~~private agency certified under section 5103.03 of the Revised~~	60458
~~Code, a foster care facility~~or otherwise regulated by the	60459
department of developmental disabilities;	60460

(c) An institution or association subject to certification	60461
under section 5103.03 of the Revised Code~~, an adult care facility~~	60462
~~subject to licensure under sections 5119.70 to 5119.88 of the~~	60463
~~Revised Code, and a~~;	60464

(d) A facility operated by a hospice care program licensed	60465
under section 3712.04 of the Revised Code that is used exclusively	60466
for care of hospice patients;	60467

(e) A nursing home, residential care facility, or home for	60468
the aging ~~subject to licensure under~~as defined in section 3721.02	60469
of the Revised Code;	60470

(f) An alcohol or drug addiction program as defined in	60471
section 3793.01 of the Revised Code;	60472

(g) A facility licensed to provide methadone treatment under	60473
section 3793.11 of the Revised Code;	60474

(h) Any facility that receives funding for operating costs	60475
from the department of development under any program established	60476
to provide emergency shelter housing or transitional housing for	60477
the homeless;	60478

(i) A terminal care facility for the homeless that has	60479
entered into an agreement with a hospice care program under	60480
section 3712.07 of the Revised Code;	60481

(j) A facility approved by the veterans administration under	60482
section 104(a) of the "Veterans Health Care Amendments of 1983,"	60483
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	60484
the placement and care of veterans.	60485

(11) "Supervision" means any of the following:

60486

(a) Observing a resident to ensure the resident's health,	60487
safety, and welfare while the resident engages in activities of	60488
daily living or other activities;	60489

(b) Reminding a resident to perform or complete an activity,	60490
such as reminding a resident to engage in personal hygiene or	60491
other self-care activities;	60492

60493

(12) "Unrelated" means that a resident is not related to the	60494
owner or operator of a residential facility or to the owner's or	60495
operator's spouse as a parent, grandparent, child, stepchild,	60496
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	60497
the child of an aunt or uncle.	60498

~~(2)~~(B) Nothing in division (A)~~(1)(d)~~(9) of this section shall	60499
be construed to permit personal care services to be imposed on a	60500
resident who is capable of performing the activity in question	60501
without assistance.	60502

~~(3)~~(C) Except in the case of a residential facility described	60503
in division (A)~~(1)(d)(i)~~(9)(a) of this section, members of the	60504
staff of a residential facility shall not administer medication to	60505
the facility's residents, ~~all medication taken by residents of a~~	60506
~~residential facility shall be self-administered, and no person~~	60507
~~shall be admitted to or retained by a residential facility unless~~	60508
~~the person is capable of taking the person's own medication and~~	60509
~~biologicals, as determined in writing by the person's personal~~	60510
~~physician. Members of the staff of a residential facility~~but may	60511
do any of the following:	60512

~~(a)~~(1) Remind a resident when to take medication and watch to	60513
ensure that the resident follows the directions on the container;	60514

~~(b)~~(2) Assist a resident in the self-administration of	60515
medication by taking the medication from the locked area where it	60516
is stored, in accordance with rules adopted pursuant to this	60517
section, and handing it to the resident. If the resident is	60518
physically unable to open the container, a staff member may open	60519
the container for the resident.	60520

~~(c)~~(3) Assist a physically impaired but mentally alert	60521
resident, such as a resident with arthritis, cerebral palsy, or	60522
Parkinson's disease, in removing oral or topical medication from	60523
containers and in consuming or applying the medication, upon	60524
request by or with the consent of the resident. If a resident is	60525
physically unable to place a dose of medicine to the resident's	60526
mouth without spilling it, a staff member may place the dose in a	60527
container and place the container to the mouth of the resident.	60528

~~(B) Every~~(D)(1) Except as provided in division (D)(2) of	60529
this section, a person operating or ~~desiring~~seeking to operate a	60530
residential facility shall apply for licensure of the facility to	60531
the department of mental health ~~and~~. The application shall be	60532
submitted by the operator. When applying for the license, the	60533
applicant shall pay to the department the application fee	60534
specified in rules adopted under division (L) of this section. The	60535
fee is nonrefundable.	60536

The department shall send a copy of ~~the~~an application to the	60537
ADAMHS board ~~of alcohol, drug addiction, and mental health~~	60538
~~services whose service district includes~~serving the county in	60539
which the person operates or ~~desires~~seeks to operate a	60540
~~residential~~the facility. The ADAMHS board shall review ~~such~~	60541
~~applications and recommend approval or disapproval to the~~	60542
~~department. Each recommendation shall be consistent with the~~	60543
~~board's community mental health plan.~~	60544

~~(C)~~the application and provide to the department any	60545
information about the applicant or the facility that the board	60546
would like the department to consider in reviewing the	60547
application.	60548

(2) A person may not apply for a license to operate a	60549
residential facility if the person is or has been the owner,	60550
operator, or manager of a residential facility for which a license	60551
to operate was revoked or for which renewal of a license was	60552
refused for any reason other than nonpayment of the license	60553
renewal fee, unless both of the following conditions are met:	60554

(a) A period of not less than two years has elapsed since the	60555
date the director of mental health issued the order revoking or	60556
refusing to renew the facility's license.	60557

(b) The director's revocation or refusal to renew the license	60558
was not based on an act or omission at the facility that violated	60559
a resident's right to be free from abuse, neglect, or	60560
exploitation.	60561

(E)(1) Any person may operate a residential facility	60562
providing accommodations and personal care services for one to	60563
five unrelated persons and licensed as a residential facility that	60564
meets the criteria specified in division (A)(9)(b) of this section	60565
as a permitted use in any residential district or zone, including	60566
any single-family residential district or zone of any political	60567
subdivision. Such facilities may be required to comply with area,	60568
height, yard, and architectural compatibility requirements that	60569
are uniformly imposed upon all single-family residences within the	60570
district or zone.	60571

(2) Any person may operate a residential facility providing	60572
accommodations and personal care services for six to sixteen	60573
persons and licensed as a residential facility that meets the	60574
criteria specified in division (A)(9)(b) of this section as a	60575
permitted use in any multiple-family residential district or zone	60576
of any political subdivision, except that a political subdivision	60577
that has enacted a zoning ordinance or resolution establishing	60578
planned-unit development districts as defined in section 519.021	60579
of the Revised Code may exclude such facilities from such	60580
districts, and a political subdivision that has enacted a zoning	60581
ordinance or resolution may regulate such facilities in	60582
multiple-family residential districts or zones as a conditionally	60583
permitted use or special exception, in either case, under	60584
reasonable and specific standards and conditions set out in the	60585
zoning ordinance or resolution to:	60586

(a) Require the architectural design and site layout of the	60587
home and the location, nature, and height of any walls, screens,	60588
and fences to be compatible with adjoining land uses and the	60589
residential character of the neighborhood;	60590

(b) Require compliance with yard, parking, and sign	60591
regulation.	60592

(3) Divisions (E)(1) and (2) of this section do not affect	60593
any right of a political subdivision to permit a person to operate	60594
a residential facility licensed under this section in a	60595
single-family residential district or zone under conditions	60596
established by the political subdivision.	60597

(4)(a) Notwithstanding divisions (E)(1) and (2) of this	60598
section and except as provided in division (E)(4)(b) of this	60599
section, a political subdivision that has enacted a zoning	60600
ordinance or resolution may limit the excessive concentration of	60601
licensed residential facilities that meet the criteria specified	60602
in division (A)(9)(b) of this section.	60603

(b) Division (E)(4)(a) of this section does not authorize a	60604
political subdivision to prevent or limit the continued existence	60605
and operation of residential facilities existing and operating on	60606
the effective date of this section and that meet the criteria	60607
specified in division (A)(9)(b) of this section. A political	60608
subdivision may consider the existence of such facilities for the	60609
purpose of limiting the excessive concentration of such facilities	60610
that meet the criteria specified in division (A)(9)(b) of this	60611
section that are not existing and operating on the effective date	60612
of this section.	60613

(F)(1) The department of mental health shall inspect and	60614
license the operation of residential facilities. The department	60615
shall consider the past record of the facility and the applicant	60616
or licensee in arriving at its licensure decision. ~~The~~	60617

The department may issue full, probationary, and interim	60618
licenses. A full license shall expire two years after the date of	60619
issuance, a probationary license shall expire in a shorter period	60620
of time as ~~prescribed by rule~~specified in rules adopted by the	60621
director of mental health ~~pursuant to Chapter 119. of the Revised~~	60622
~~Code~~under division (L) of this section, and an interim license	60623
shall expire ninety days after the date of issuance. ~~The~~A license	60624
may be renewed in accordance with rules adopted by the director	60625
under division (L) of this section. The renewal application shall	60626
be submitted by the operator. When applying for renewal of a	60627
license, the applicant shall pay to the department the renewal fee	60628
specified in rules adopted under division (L) of this section. The	60629
fee is nonrefundable.	60630

(2) The department may issue an order suspending the	60631
admission of residents to the facility or refuse to issue or renew	60632
and may revoke a license if it finds the facility is not in	60633
compliance with rules adopted by the ~~department~~director pursuant	60634
to division ~~(G)~~(L) of this section or if any facility operated by	60635
the applicant or licensee has ~~had~~been cited for repeated	60636
violations of statutes or rules during the period of previous	60637
licenses. Proceedings initiated to deny applications for full or	60638
probationary licenses or to revoke such licenses are governed by	60639
Chapter 119. of the Revised Code.	60640

~~(D)~~(G) The department may issue an interim license to operate	60641
a residential facility if both of the following conditions are	60642
met:	60643

(1) The department determines that the closing of or the need	60644
to remove residents from another residential facility has created	60645
an emergency situation requiring immediate removal of residents	60646
and an insufficient number of licensed beds are available.	60647

(2) The residential facility applying for an interim license	60648
meets standards established for interim licenses in rules adopted	60649
by the director under ~~Chapter 119. of the Revised Code~~division	60650
(L) of this section.	60651

An interim license shall be valid for ninety days and may be	60652
renewed by the director no more than twice. Proceedings initiated	60653
to deny applications for or to revoke interim licenses under this	60654
division are not subject to Chapter 119. of the Revised Code.	60655

~~(E)~~(H)(1) The department of mental health may conduct an	60656
inspection of a residential facility as follows:	60657

~~(1)~~(a) Prior to ~~the~~ issuance of a license ~~to a prospective~~	60658
~~operator~~for the facility;	60659

~~(2)~~(b) Prior to ~~the~~ renewal of ~~any operator's~~the facility's	60660
license;	60661

~~(3)~~(c) To determine whether athe facility has completed a	60662
plan of correction required pursuant to ~~this~~ division (H)(2) of	60663
this section and corrected deficiencies to the satisfaction of the	60664
department and in compliance with this section and rules adopted	60665
pursuant to it;	60666

~~(4)~~(d) Upon complaint by any individual or agency;

60667

~~(5)~~(e) At any time the director considers an inspection to be	60668
necessary in order to determine whether ~~a residential~~the facility	60669
is in compliance with this section and rules adopted pursuant to	60670
this section.	60671

(2) In conducting inspections the department may conduct an	60672
on-site examination and evaluation of the residential facility,	60673
and its personnel, activities, and services. The department shall	60674
have access to examine and copy all records, accounts, and any	60675
other documents relating to the operation of the residential	60676
facility, including records pertaining to residents, and shall	60677
have access to the facility in order to conduct interviews with	60678
the operator, staff, and residents. Following each inspection and	60679
review, the department shall complete a report listing any	60680
deficiencies, and including, when appropriate, a time table within	60681
which the operator shall correct the deficiencies. The department	60682
may require the operator to submit a plan of correction describing	60683
how the deficiencies will be corrected.	60684

~~(F)~~(I) No person shall do any of the following:

60685

(1) Operate a residential facility unless the facility holds	60686
a valid license;	60687

(2) Violate any of the conditions of licensure after having	60688
been granted a license;	60689

(3) Interfere with a state or local official's inspection or	60690
investigation of a residential facility;	60691

(4) Violate any of the provisions of this section or any	60692
rules adopted pursuant to this section.	60693

~~(G)~~(J) The following may enter a residential facility at any	60694
time:	60695

(1) Employees designated by the director of mental health;

60696

(2) Employees of an ADAMHS board when a resident of the	60697
facility is receiving services from a community mental health	60698
agency under contract with that ADAMHS board or another ADAMHS	60699
board;	60700

(3) Employees of a community mental health agency under any	60701
of the following circumstances:	60702

(a) When the agency has a client residing in the facility;

60703

(b) When the agency is acting as an agent of an ADAMHS board	60704
other than the board with which it is under contract.	60705

The employees specified in division (J) of this section shall	60706
be afforded access to examine and copy all records, accounts, and	60707
any other documents relating to the operation of the residential	60708
facility, including records pertaining to residents.	60709

(K) Employees of the department of mental health may enter,	60710
for the purpose of investigation, any institution, residence,	60711
facility, or other structure which has been reported to the	60712
department as, or that the department has reasonable cause to	60713
believe is, operating as a residential facility without a valid	60714
license.	60715

(L) The director shall adopt and may amend and rescind rules	60716
pursuant to Chapter 119. of the Revised Code~~, prescribing minimum~~	60717
governing the licensing and operation of residential facilities.	60718
The rules shall establish all of the following:	60719

(1) Minimum standards for the health, safety, adequacy, and	60720
cultural ~~specificity and sensitivity~~competency of treatment of	60721
and services for persons in residential facilities; ~~establishing~~	60722
~~procedures~~	60723

(2) Procedures for the issuance, renewal or revocation of the	60724
licenses of ~~such~~residential facilities; ~~establishing the~~	60725

(3) Procedures for conducting criminal records checks for	60726
prospective operators, staff, and other individuals who, if	60727
employed by a residential facility, would have unsupervised access	60728
to facility residents;	60729

(4) The fee to be paid when applying for a new residential	60730
facility license or renewing the license;	60731

(5) Procedures for the operator of a residential facility to	60732
follow when notifying the ADAMHS board serving the county in which	60733
the facility is located when the facility is serving residents	60734
with mental illness or severe mental disability, including the	60735
circumstances under which the operator is required to make such a	60736
notification;	60737

(6) Procedures for the issuance and termination of orders of	60738
suspension of admission of residents to a residential facility;	60739

(7) Measures to be taken by residential facilities relative	60740
to residents' medication;	60741

(8) Requirements relating to preparation of special diets;

60742

(9) The maximum number of residents ofwho may be served in a	60743
residential facility; ~~establishing the~~	60744

(10) The rights of residents of residential facilities and	60745
procedures to protect such rights; ~~and requiring~~	60746

(11) Procedures for obtaining an affiliation agreement	60747
approved by the board between a residential facility and a	60748
community mental health agency~~. Such affiliation agreement must be~~	60749
~~consistent with the residential portion of the community mental~~	60750
~~health plan submitted pursuant to section 340.03 of the Revised~~	60751
~~Code~~;	60752

(12) Standards and procedures under which the director may	60753
waive the requirements of any of the rules adopted.	60754

~~(H) The department may investigate any facility that has been~~	60755
~~reported to the department or that the department has reasonable~~	60756
~~cause to believe is operating as a residential facility without a~~	60757
~~valid license.~~	60758

~~(I)~~(M)(1) The department may withhold the source of any	60759
complaint reported as a violation of this ~~act~~section when the	60760
department determines that disclosure could be detrimental to the	60761
department's purposes or could jeopardize the investigation. The	60762
department may disclose the source of any complaint if the	60763
complainant agrees in writing to such disclosure and shall	60764
disclose the source upon order by a court of competent	60765
jurisdiction.	60766

~~(J)~~(2) Any person who makes a complaint under division (M)(1)	60767
of this section, or any person who participates in an	60768
administrative or judicial proceeding resulting from such a	60769
complaint, is immune from civil liability and is not subject to	60770
criminal prosecution, other than for perjury, unless the person	60771
has acted in bad faith or with malicious purpose.	60772

(N)(1) The director of mental health may petition the court	60773
of common pleas of the county in which a residential facility is	60774
located for an order enjoining any person from operating a	60775
residential facility without a license or from operating a	60776
licensed facility when, in the director's judgment, there is a	60777
~~real and~~ present danger to the health or safety of any of the	60778
occupants of the facility. The court shall have jurisdiction to	60779
grant such injunctive relief upon a showing that the respondent	60780
named in the petition is operating a facility without a license or	60781
there is a ~~real and~~ present danger to the health or safety of any	60782
residents of the facility.	60783

~~(K) Whoever violates division (F) of this section or any rule~~	60784
~~adopted under this section is liable for a civil penalty of one~~	60785
~~hundred dollars for the first offense; for each subsequent~~	60786
~~offense, such violator is liable for a civil penalty of five~~	60787
~~hundred dollars. If the violator does not pay, the attorney~~	60788
~~general, upon the request of the director of mental health, shall~~	60789
~~bring a civil action to collect the penalty. Fines collected~~	60790
~~pursuant to this section shall be deposited into the state~~	60791
~~treasury to the credit of the mental health sale of goods and~~	60792
~~services fund.~~	60793

(2) When the court grants injunctive relief in the case of a	60794
facility operating without a license, the court shall issue, at a	60795
minimum, an order enjoining the facility from admitting new	60796
residents to the facility and an order requiring the facility to	60797
assist with the safe and orderly relocation of the facility's	60798
residents.	60799

(3) If injunctive relief is granted against a facility for	60800
operating without a license and the facility continues to operate	60801
without a license, the director shall refer the case to the	60802
attorney general for further action.	60803

(O) The director may fine a person for violating division (I)	60804
of this section. The fine shall be five hundred dollars for a	60805
first offense; for each subsequent offense, the fine shall be one	60806
thousand dollars. The director's actions in imposing a fine shall	60807
be taken in accordance with Chapter 119. of the Revised Code.	60808

Sec. 5119.61. Any provision in this chapter that refers to a	60809
board of alcohol, drug addiction, and mental health services also	60810
refers to the community mental health board in an alcohol, drug	60811
addiction, and mental health service district that has a community	60812
mental health board.	60813

The director of mental health with respect to all facilities	60814
and programs established and operated under Chapter 340. of the	60815
Revised Code for mentally ill and emotionally disturbed persons,	60816
shall do all of the following:	60817

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	60818
that may be necessary to carry out the purposes of Chapter 340.	60819
and sections 5119.61 to 5119.63 of the Revised Code.	60820

(1) The rules shall include ~~all of the following:~~

60821

~~(a) Rules~~rules governing a community mental health agency's	60822
services under section 340.091 of the Revised Code to an	60823
individual referred to the agency under division ~~(C)~~(D)(2) of	60824
section 5119.69 of the Revised Code;	60825

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	60826
~~the Revised Code, rules governing the duties of mental health~~	60827
~~agencies and boards of alcohol, drug addiction, and mental health~~	60828
~~services under section 5119.88 of the Revised Code regarding~~	60829
~~referrals of individuals with mental illness or severe mental~~	60830
~~disability to adult care facilities and effective arrangements for~~	60831
~~ongoing mental health services for the individuals. The rules~~	60832
~~shall do at least the following:~~	60833

~~(i) Provide for agencies and boards to participate fully in~~	60834
~~the procedures owners and managers of adult care facilities must~~	60835
~~follow under division (A) of section 5119.88 of the Revised Code;~~	60836

~~(ii) Specify the manner in which boards are accountable for~~	60837
~~ensuring that ongoing mental health services are effectively~~	60838
~~arranged for individuals with mental illness or severe mental~~	60839
~~disability who are referred by the board or mental health agency~~	60840
~~under contract with the board to an adult care facility.~~	60841

~~(c) Rules governing a board of alcohol, drug addiction, and~~	60842
~~mental health services when making a report to the director of~~	60843
~~mental health under section 5119.87 of the Revised Code regarding~~	60844
~~the quality of care and services provided by an adult care~~	60845
~~facility to a person with mental illness or a severe mental~~	60846
~~disability~~.	60847

(2) Rules may be adopted to govern the method of paying a	60848
community mental health facility, as defined in section 5111.023	60849
of the Revised Code, for providing services listed in division (B)	60850
of that section. Such rules must be consistent with the contract	60851
entered into between the departments of job and family services	60852
and mental health under section 5111.91 of the Revised Code and	60853
include requirements ensuring appropriate service utilization.	60854

(B) Review and evaluate, and, taking into account the	60855
findings and recommendations of the board of alcohol, drug	60856
addiction, and mental health services of the district served by	60857
the program and the requirements and priorities of the state	60858
mental health plan, including the needs of residents of the	60859
district now residing in state mental institutions, and make	60860
recommendations for needed improvements to boards of alcohol, drug	60861
addiction, and mental health services;	60862

(C) Provide consultative services to community mental health	60863
agencies with the knowledge and cooperation of the board of	60864
alcohol, drug addiction, and mental health services;	60865

(D) At the director's discretion, provide to boards of	60866
alcohol, drug addiction, and mental health services state or	60867
federal funds, in addition to those allocated under section	60868
5119.62 of the Revised Code, for special programs or projects the	60869
director considers necessary but for which local funds are not	60870
available;	60871

(E) Establish criteria by which a board of alcohol, drug	60872
addiction, and mental health services reviews and evaluates the	60873
quality, effectiveness, and efficiency of services provided	60874
through its community mental health plan. The criteria shall	60875
include requirements ensuring appropriate service utilization. The	60876
department shall assess a board's evaluation of services and the	60877
compliance of each board with this section, Chapter 340. or	60878
section 5119.62 of the Revised Code, and other state or federal	60879
law and regulations. The department, in cooperation with the	60880
board, periodically shall review and evaluate the quality,	60881
effectiveness, and efficiency of services provided through each	60882
board. The department shall collect information that is necessary	60883
to perform these functions.	60884

(F) To the extent the director determines necessary and after	60885
consulting with boards of alcohol, drug addiction, and mental	60886
health services, develop and operate, or contract for the	60887
operation of, a community mental health information system or	60888
systems.	60889

Boards of alcohol, drug ~~abuse~~addiction, and mental health	60890
services shall submit information requested by the department in	60891
the form and manner prescribed by the department. Information	60892
collected by the department shall include, but not be limited to,	60893
all of the following:	60894

(1) Information regarding units of services provided in whole	60895
or in part under contract with a board, including diagnosis and	60896
special needs, demographic information, the number of units of	60897
service provided, past treatment, financial status, and service	60898
dates in accordance with rules adopted by the department in	60899
accordance with Chapter 119. of the Revised Code;	60900

(2) Financial information other than price or price-related	60901
data regarding expenditures of boards and community mental health	60902
agencies, including units of service provided, budgeted and actual	60903
expenses by type, and sources of funds.	60904

Boards shall submit the information specified in division	60905
(F)(1) of this section no less frequently than annually for each	60906
client, and each time the client's case is opened or closed. The	60907
department shall not collect any personal information from the	60908
boards except as required or permitted by state or federal law for	60909
purposes related to payment, health care operations, program and	60910
service evaluation, reporting activities, research, system	60911
administration, and oversight.	60912

(G) Review each board's community mental health plan	60913
submitted pursuant to section 340.03 of the Revised Code and	60914
approve or disapprove it in whole or in part. Periodically, in	60915
consultation with representatives of boards and after considering	60916
the recommendations of the medical director, the director shall	60917
issue criteria for determining when a plan is complete, criteria	60918
for plan approval or disapproval, and provisions for conditional	60919
approval. The factors that the director considers may include, but	60920
are not limited to, the following:	60921

(1) The mental health needs of all persons residing within	60922
the board's service district, especially severely mentally	60923
disabled children, adolescents, and adults;	60924

(2) The demonstrated quality, effectiveness, efficiency, and	60925
cultural relevance of the services provided in each service	60926
district, the extent to which any services are duplicative of	60927
other available services, and whether the services meet the needs	60928
identified above;	60929

(3) The adequacy of the board's accounting for the	60930
expenditure of funds.	60931

If the director disapproves all or part of any plan, the	60932
director shall provide the board an opportunity to present its	60933
position. The director shall inform the board of the reasons for	60934
the disapproval and of the criteria that must be met before the	60935
plan may be approved. The director shall give the board a	60936
reasonable time within which to meet the criteria, and shall offer	60937
technical assistance to the board to help it meet the criteria.	60938

If the approval of a plan remains in dispute, the board or	60939
the director may request that the dispute be submitted to a	60940
mutually agreed upon third-party mediator with the cost to be	60941
shared by the board and the department. The mediator shall issue	60942
to the board and the department recommendations for resolution of	60943
the dispute. The director, taking into consideration the	60944
recommendations of the mediator, shall make a final determination	60945
and approve or disapprove the plan, in whole or in part.	60946

Sec. 5119.69. (A) As used in this section and section	60947
5119.691 of the Revised Code:	60948

(1) "Long-term care consultation program" means the program	60949
the department of aging is required to develop under section	60950
173.42 of the Revised Code.	60951

(2) "Long-term care consultation program administrator" or	60952
"administrator" means the department of aging or, if the	60953
department contracts with an area agency on aging or other entity	60954
to administer the long-term care consultation program for a	60955
particular area, that agency or entity.	60956

(3) "Nursing facility" has the same meaning as in section	60957
5111.20 of the Revised Code.	60958

(4) "Residential state supplement administrative agency"	60959
means the department of mental health or, if the department	60960
designates an entity under division (C) of this section for a	60961
particular area, the designated entity.	60962

(5) "Residential state supplement program" means the program	60963
administered pursuant to this section.	60964

(B) The department of mental health shall implement the	60965
residential state supplement program under which the state	60966
supplements the supplemental security income payments received by	60967
aged, blind, or disabled adults under Title XVI of the "Social	60968
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended.	60969
Residential state supplement payments shall be used for the	60970
provision of accommodations, supervision, and personal care	60971
services to supplemental security income recipients who the	60972
department determines are at risk of needing institutional care.	60973

~~(B)~~(C) In implementing the program, the department may	60974
designate one or more entities to be responsible for providing	60975
administrative services regarding the program. The department may	60976
designate an entity to be a residential state supplement	60977
administrative agency under this division either by entering into	60978
a contract with the entity to serve in that capacity or by	60979
otherwise delegating to the entity the responsibility to serve in	60980
that capacity.	60981

~~(C)~~(D) For an individual to be eligible for residential state	60982
supplement payments, all of the following must be the case:	60983

(1) Except as provided by division ~~(G)~~(H) of this section,	60984
the individual must reside in one of the following:	60985

(a) An adult foster home certified under section 5119.692 of	60986
the Revised Code;	60987

(b) A home or facility, other than a nursing home or nursing	60988
home unit of a home for the aging, licensed by the department of	60989
health under Chapter 3721. of the Revised Code ~~or the department~~	60990
~~of mental health under sections 5119.70 to 5119.88 of the Revised~~	60991
~~Code~~;	60992

(c) A residential facility as defined in division	60993
(A)~~(1)(d)(ii)~~(9)(b) of section 5119.22 of the Revised Code	60994
licensed by the department of mental health;	60995

(d) An apartment or room used to provide community mental	60996
health housing services certified by the department of mental	60997
health under section 5119.611 of the Revised Code and approved by	60998
a board of alcohol, drug addiction, and mental health services	60999
under division (A)(14) of section 340.03 of the Revised Code.	61000

(2) A residential state supplement administrative agency must	61001
have determined that the environment in which the individual will	61002
be living while receiving the payments is appropriate for the	61003
individual's needs. If the individual is eligible for supplemental	61004
security income payments or social security disability insurance	61005
benefits because of a mental disability, the residential state	61006
supplement administrative agency shall refer the individual to a	61007
community mental health agency for ~~the community mental health~~	61008
~~agency to issue in accordance with~~an assessment under division	61009
(A) of section 340.091 of the Revised Code ~~a recommendation on~~	61010
~~whether the residential state supplement administrative agency~~	61011
~~should determine that the environment in which the individual will~~	61012
~~be living while receiving the payments is appropriate for the~~	61013
~~individual's needs~~.	61014

(3) The individual satisfies all eligibility requirements	61015
established by rules adopted under division ~~(D)~~(E) of this	61016
section.	61017

~~(D)~~(E) The directors of mental health and job and family	61018
services shall adopt rules in accordance with section 111.15 of	61019
the Revised Code as necessary to implement the residential state	61020
supplement program.	61021

To the extent permitted by Title XVI of the "Social Security	61022
Act," and any other provision of federal law, the director of job	61023
and family services may adopt rules establishing standards for	61024
adjusting the eligibility requirements concerning the level of	61025
impairment a person must have so that the amount appropriated for	61026
the program by the general assembly is adequate for the number of	61027
eligible individuals. The rules shall not limit the eligibility of	61028
disabled persons solely on a basis classifying disabilities as	61029
physical or mental. The director of job and family services also	61030
may adopt rules that establish eligibility standards for aged,	61031
blind, or disabled individuals who reside in one of the homes or	61032
facilities specified in division ~~(C)~~(D)(1) of this section but	61033
who, because of their income, do not receive supplemental security	61034
income payments. The rules may provide that these individuals may	61035
include individuals who receive other types of benefits,	61036
including, social security disability insurance benefits provided	61037
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	61038
42 U.S.C.A. 401, as amended. Notwithstanding division ~~(A)~~(B) of	61039
this section, such payments may be made if funds are available for	61040
them.	61041

The director of mental health may adopt rules establishing	61042
the method to be used to determine the amount an eligible	61043
individual will receive under the program. The amount the general	61044
assembly appropriates for the program may be a factor included in	61045
the method that director establishes.	61046

~~(E)~~(F) The county department of job and family services of	61047
the county in which an applicant for the residential state	61048
supplement program resides shall determine whether the applicant	61049
meets income and resource requirements for the program.	61050

~~(F)~~(G) The department of mental health shall maintain a	61051
waiting list of any individuals eligible for payments under this	61052
section but not receiving them because moneys appropriated to the	61053
department for the purposes of this section are insufficient to	61054
make payments to all eligible individuals. An individual may apply	61055
to be placed on the waiting list even though the individual does	61056
not reside in one of the homes or facilities specified in division	61057
~~(C)~~(D)(1) of this section at the time of application. The director	61058
of mental health, by rules adopted in accordance with Chapter 119.	61059
of the Revised Code, may specify procedures and requirements for	61060
placing an individual on the waiting list and priorities for the	61061
order in which individuals placed on the waiting list are to begin	61062
to receive residential state supplement payments. The rules	61063
specifying priorities may give priority to individuals placed on	61064
the waiting list on or after July 1, 2006, who receive	61065
supplemental security income benefits under Title XVI of the	61066
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	61067
amended. The rules shall not affect the place on the waiting list	61068
of any person who was on the list on July 1, 2006. The rules	61069
specifying priorities may also set additional priorities based on	61070
living arrangement, such as whether an individual resides in a	61071
facility listed in division ~~(C)~~(D)(1) of this section or has been	61072
admitted to a nursing facility.	61073

~~(G)~~(H) An individual in a licensed or certified living	61074
arrangement receiving state supplementation on November 15, 1990,	61075
under former section 5101.531 of the Revised Code shall not become	61076
ineligible for payments under this section solely by reason of the	61077
individual's living arrangement as long as the individual remains	61078
in the living arrangement in which the individual resided on	61079
November 15, 1990.	61080

~~(H)~~(I) The department of mental health shall notify each	61081
person denied approval for payments under this section of the	61082
person's right to a hearing. On request, the hearing shall be	61083
provided in accordance with Chapter 119. of the Revised Code.	61084

Sec. 5119.691. ~~(A) As used in this section:~~

61085

~~"Long-term care consultation program" means the program the~~	61086
~~department of aging is required to develop under section 173.42 of~~	61087
~~the Revised Code.~~	61088

~~"Long-term care consultation program administrator" or~~	61089
~~"administrator" means the department of aging or, if the~~	61090
~~department contracts with an area agency on aging or other entity~~	61091
~~to administer the long-term care consultation program for a~~	61092
~~particular area, that agency or entity.~~	61093

~~"Nursing facility" has the same meaning as in section 5111.20~~	61094
~~of the Revised Code.~~	61095

~~"Residential state supplement administrative agency" means an~~	61096
~~entity designated as such by the department of mental health under~~	61097
~~section 5119.69 of the Revised Code.~~	61098

~~"Residential state supplement program" means the program~~	61099
~~administered pursuant to section 5119.69 of the Revised Code.~~	61100

~~(B)~~ On a periodic schedule determined by the department of	61101
mental health, each residential state supplement administrative	61102
agency shall determine whether individuals who reside in the area	61103
that the agency serves and are on a waiting list for the	61104
residential state supplement program have been admitted to a	61105
nursing facility. If a residential state supplement administrative	61106
agency determines that such an individual has been admitted to a	61107
nursing facility, the agency shall notify the long-term care	61108
consultation program administrator serving the area in which the	61109
individual resides about the determination. The administrator	61110
shall determine whether the residential state supplement program	61111
is appropriate for the individual and whether the individual would	61112
rather participate in the program than continue residing in the	61113
nursing facility. If the administrator determines that the	61114
residential state supplement program is appropriate for the	61115
individual and the individual would rather participate in the	61116
program than continue residing in the nursing facility, the	61117
administrator shall so notify the department of mental health. On	61118
receipt of the notice from the administrator, the department of	61119
mental health shall approve the individual's enrollment in the	61120
residential state supplement program in accordance with the	61121
priorities specified in rules adopted under division ~~(F)~~(G) of	61122
section 5119.69 of the Revised Code. Each quarter, the department	61123
of mental health shall certify to the director of budget and	61124
management the estimated increase in costs of the residential	61125
state supplement program resulting from enrollment of individuals	61126
in the program pursuant to this section.	61127

Sec. 5119.692. As used in this section, "adult foster home"	61128
means a residence, other than a residential facility licensed	61129
under section 5119.22 of the Revised Code, in which accommodations	61130
and personal care services, as defined in section ~~5119.70~~5119.22	61131
of the Revised Code, are provided to one or two adults who are	61132
unrelated to the owners of the residence.	61133

The department of mental health shall adopt rules in	61134
accordance with Chapter 119. of the Revised Code establishing	61135
standards for the certification of adult foster homes. The	61136
department or its designee shall certify adult foster homes that	61137
apply for certification and meet the standards established by the	61138
department.	61139

Sec. 5119.99. ~~(A)~~ Whoever violates section 5119.21 of the	61140
Revised Code is guilty of a misdemeanor of the first degree.	61141

~~(B) Whoever violates division (A)(1) of section 5119.86 of~~	61142
~~the Revised Code shall be fined two thousand dollars for a first~~	61143
~~offense; for each subsequent offense, such person shall be fined~~	61144
~~five thousand dollars.~~	61145

~~(C) Whoever violates division (C) of section 5119.81 or~~	61146
~~division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)~~	61147
~~of section 5119.86 of the Revised Code shall be fined five hundred~~	61148
~~dollars for a first offense; for each subsequent offense, such~~	61149
~~person shall be fined one thousand dollars.~~	61150

Sec. 5120.036. (A) The department of rehabilitation and	61151
correction shall provide risk reduction programming and treatment	61152
for inmates whom a court under section 2929.143 of the Revised	61153
Code recommends serve a risk reduction sentence and who meet the	61154
eligibility criteria described in division (B) of this section.	61155

(B) If an offender is sentenced to a term of imprisonment in	61156
a state correctional institution and the sentencing court	61157
recommended that the offender serve a risk reduction sentence, the	61158
department of rehabilitation and correction shall conduct a	61159
validated and objective assessment of the person's needs and risk	61160
of reoffending. If the offender cooperates with the risk	61161
assessment and agrees to participate in any programming or	61162
treatment ordered by the department, the department shall provide	61163
programming and treatment to the offender to address the risks and	61164
needs identified in the assessment.	61165

(C) If the department determines that an offender serving a	61166
term of incarceration for whom the sentencing court recommended a	61167
risk reduction sentence under section 2929.143 of the Revised Code	61168
has successfully completed the assessment and treatment or	61169
programming required by the department under division (B) of this	61170
section, the department shall release the offender to ~~supervised~~	61171
~~release~~post-release control under one or more post-release	61172
control sanctions after the offender has served each mandatory	61173
prison term to which the offender was sentenced, if any, and a	61174
minimum of eighty per cent of the aggregated nonmandatory prison	61175
terms to which the offender was sentenced. The placement under	61176
post-release control sanctions shall be under terms set by the	61177
parole board in accordance with section 2967.28 of the Revised	61178
Code and shall be subject to the provisions of that section and	61179
sections 2929.141 and 2967.15 of the Revised Code regarding	61180
violation of post-release control sanctions. No mandatory prison	61181
term shall be reduced by, or as a result of, an offender's service	61182
of a risk reduction sentence. The department shall notify the	61183
sentencing court that the offender has successfully completed the	61184
terms of the risk reduction sentence at least thirty days prior to	61185
the date upon which the offender is to be released.	61186

(D) As used in this section:

61187

(1) "Mandatory prison term" has the same meaning as in	61188
section 2929.01 of the Revised Code.	61189

(2) "Nonmandatory prison term" means a prison term that is	61190
not a mandatory prison term.	61191

(3) "Post-release control" and "post-release control	61192
sanction" have the same meanings as in section 2967.01 of the	61193
Revised Code.	61194

Sec. 5120.105. (A) The ~~department of administrative services~~	61195
Ohio facilities construction commission shall provide for the	61196
construction of a halfway house facility in conformity with	61197
Chapter 153. of the Revised Code, except that construction	61198
services may be provided by the department of rehabilitation and	61199
correction.	61200

(B) The director of rehabilitation and correction may enter	61201
into an agreement with a halfway house organization for the	61202
management of a halfway house facility. The halfway house	61203
organization that occupies, will occupy, or is responsible for the	61204
management of a halfway house facility shall pay the costs of	61205
management of and general building services for the halfway house	61206
facility as provided in an agreement between the department of	61207
rehabilitation and correction and the halfway house organization.	61208

(C) No state funds, including state bond proceeds, shall be	61209
spent on the construction of a halfway house facility under	61210
sections 5120.102 to 5120.105 of the Revised Code, unless the	61211
general assembly has specifically authorized the spending of money	61212
on, or has made an appropriation to the department of	61213
rehabilitation and correction for, the construction of the halfway	61214
house facility or rental payments relating to the financing of the	61215
construction of that facility. An authorization to spend money or	61216
an appropriation for planning a halfway house facility does not	61217
constitute an authorization to spend money on, or an appropriation	61218
for, the construction of that facility. Capital funds for the	61219
construction of halfway house facilities under sections 5120.102	61220
to 5120.105 of the Revised Code shall be paid from the adult	61221
correctional building fund created in division (F) of section	61222
154.24 of the Revised Code.	61223

Sec. 5120.132. (A) There is hereby created in the state	61224
treasury the prisoner programs fund. The director of	61225
rehabilitation and correction shall deposit in the fund all moneys	61226
received by the department from commissions on telephone systems	61227
~~established for the use of prisoners~~and services provided to	61228
prisoners in relation to electronic mail, prisoner trust fund	61229
deposits, and the purchase of music, digital music players, and	61230
other electronic devices. The money in the fund shall be used only	61231
to pay for the costs of the following:	61232

(1) The purchase of material, supplies, and equipment used in	61233
any library program, educational program, religious program,	61234
recreational program, or pre-release program operated by the	61235
department for the benefit of prisoners;	61236

(2) The construction, alteration, repair, or reconstruction	61237
of buildings and structures owned by the department for use in any	61238
library program, educational program, religious program,	61239
recreational program, or pre-release program operated by the	61240
department for the benefit of prisoners;	61241

(3) The payment of salary, wages, and other compensation to	61242
employees of the department who are employed in any library	61243
program, educational program, religious program, recreational	61244
program, or pre-release program operated by the department for the	61245
benefit of prisoners;	61246

(4) The compensation to vendors that contract with the	61247
department for the provision of services for the benefit of	61248
prisoners in any library program, educational program, religious	61249
program, recreational program, or pre-release program operated by	61250
the department;	61251

(5) The payment of prisoner release payments in an	61252
appropriate amount as determined pursuant to rule;	61253

(6) The purchase of other goods and the payment of other	61254
services that are determined, in the discretion of the director,	61255
to be goods and services that may provide additional benefit to	61256
prisoners.	61257

(B) The director shall establish rules for the operation of	61258
the prisoner programs fund.	61259

Sec. 5120.66. (A) Within ninety days after November 23,	61260
2005, but not before January 1, 2006, the department of	61261
rehabilitation and correction shall establish and operate on the	61262
internet a database that contains all of the following:	61263

(1) For each inmate in the custody of the department under a	61264
sentence imposed for a conviction of or plea of guilty to any	61265
offense, all of the following information:	61266

(a) The inmate's name;

61267

(b) For each offense for which the inmate was sentenced to a	61268
prison term or term of imprisonment and is in the department's	61269
custody, the name of the offense, the Revised Code section of	61270
which the offense is a violation, the gender of each victim of the	61271
offense if those facts are known, whether each victim of the	61272
offense was an adult or child if those facts are known, the range	61273
of the possible prison terms or term of imprisonment that could	61274
have been imposed for the offense, the actual prison term or term	61275
of imprisonment imposed for the offense, the county in which the	61276
offense was committed, the date on which the inmate began serving	61277
the prison term or term of imprisonment imposed for the offense,	61278
and either the date on which the inmate will be eligible for	61279
parole relative to the offense if the prison term or term of	61280
imprisonment is an indefinite term or life term or the date on	61281
which the term ends if the prison term is a definite term;	61282

(c) All of the following information that is applicable	61283
regarding the inmate:	61284

(i) If known to the department prior to the conduct of any	61285
hearing for judicial release of the defendant pursuant to section	61286
2929.20 of the Revised Code in relation to any prison term or term	61287
of imprisonment the inmate is serving for any offense or any	61288
hearing for release of the defendant pursuant to section 2967.19	61289
of the Revised Code in relation to any such term, notice of the	61290
fact that the inmate will be having a hearing regarding a possible	61291
grant of judicial release or release, the date of the hearing, and	61292
the right of any person pursuant to division (J) of section	61293
2929.20 or division (H) of section 2967.19 of the Revised Code,	61294
whichever is applicable, to submit to the court a written	61295
statement regarding the possible judicial release or release. The	61296
department also shall post notice of the ~~filing~~submission to a	61297
sentencing court of any ~~petition~~recommendation for early release	61298
of the inmate pursuant to section 2967.19 of the Revised Code, as	61299
required by division (E) of that section.	61300

(ii) If the inmate is serving a prison term pursuant to	61301
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	61302
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	61303
Code, prior to the conduct of any hearing pursuant to section	61304
2971.05 of the Revised Code to determine whether to modify the	61305
requirement that the inmate serve the entire prison term in a	61306
state correctional facility in accordance with division (C) of	61307
that section, whether to continue, revise, or revoke any existing	61308
modification of that requirement, or whether to terminate the	61309
prison term in accordance with division (D) of that section,	61310
notice of the fact that the inmate will be having a hearing	61311
regarding those determinations and of the date of the hearing;	61312

(iii) At least three weeks before the adult parole authority	61313
recommends a pardon or commutation of sentence for the inmate or	61314
at least three weeks prior to a hearing before the adult parole	61315
authority regarding a grant of parole to the inmate in relation to	61316
any prison term or term of imprisonment the inmate is serving for	61317
any offense, notice of the fact that the inmate might be under	61318
consideration for a pardon or commutation of sentence or will be	61319
having a hearing regarding a possible grant of parole, of the date	61320
of any hearing regarding a possible grant of parole, and of the	61321
right of any person to submit a written statement regarding the	61322
pending action;	61323

(iv) At least three weeks before the inmate is transferred to	61324
transitional control under section 2967.26 of the Revised Code in	61325
relation to any prison term or term of imprisonment the inmate is	61326
serving for any offense, notice of the pendency of the transfer,	61327
of the date of the possible transfer, and of the right of any	61328
person to submit a statement regarding the possible transfer;	61329

(v) Prompt notice of the inmate's escape from any facility in	61330
which the inmate was incarcerated and of the capture of the inmate	61331
after an escape;	61332

(vi) Notice of the inmate's death while in confinement;

61333

(vii) Prior to the release of the inmate from confinement,	61334
notice of the fact that the inmate will be released, of the date	61335
of the release, and, if applicable, of the standard terms and	61336
conditions of the release;	61337

(viii) Notice of the inmate's judicial release pursuant to	61338
section 2929.20 of the Revised Code or release pursuant to section	61339
2967.19 of the Revised Code.	61340

(2) Information as to where a person can send written	61341
statements of the types referred to in divisions (A)(1)(c)(i),	61342
(iii), and (iv) of this section.	61343

(B)(1) The department shall update the database required	61344
under division (A) of this section every twenty-four hours to	61345
ensure that the information it contains is accurate and current.	61346

(2) The database required under division (A) of this section	61347
is a public record open for inspection under section 149.43 of the	61348
Revised Code. The department shall make the database searchable by	61349
inmate name and by the county and zip code where the offender	61350
intends to reside after release from a state correctional	61351
institution if this information is known to the department.	61352

(3) The database required under division (A) of this section	61353
may contain information regarding inmates who are listed in the	61354
database in addition to the information described in that	61355
division.	61356

(4) No information included on the database required under	61357
division (A) of this section shall identify or enable the	61358
identification of any victim of any offense committed by an	61359
inmate.	61360

(C) The failure of the department to comply with the	61361
requirements of division (A) or (B) of this section does not give	61362
any rights or any grounds for appeal or post-conviction relief to	61363
any inmate.	61364

(D) This section, and the related provisions of sections	61365
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	61366
in the act in which this section was enacted, shall be known as	61367
"Laura's Law."	61368

Sec. 5122.31. (A) All certificates, applications, records,	61369
and reports made for the purpose of this chapter and sections	61370
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	61371
Code, other than court journal entries or court docket entries,	61372
and directly or indirectly identifying a patient or former patient	61373
or person whose hospitalization has been sought under this	61374
chapter, shall be kept confidential and shall not be disclosed by	61375
any person except:	61376

(1) If the person identified, or the person's legal guardian,	61377
if any, or if the person is a minor, the person's parent or legal	61378
guardian, consents, and if the disclosure is in the best interests	61379
of the person, as may be determined by the court for judicial	61380
records and by the chief clinical officer for medical records;	61381

(2) When disclosure is provided for in this chapter or	61382
section 5123.60 of the Revised Code;	61383

(3) That hospitals, boards of alcohol, drug addiction, and	61384
mental health services, and community mental health agencies may	61385
release necessary medical information to insurers and other	61386
third-party payers, including government entities responsible for	61387
processing and authorizing payment, to obtain payment for goods	61388
and services furnished to the patient;	61389

(4) Pursuant to a court order signed by a judge;

61390

(5) That a patient shall be granted access to the patient's	61391
own psychiatric and medical records, unless access specifically is	61392
restricted in a patient's treatment plan for clear treatment	61393
reasons;	61394

(6) That hospitals and other institutions and facilities	61395
within the department of mental health may exchange psychiatric	61396
records and other pertinent information with other hospitals,	61397
institutions, and facilities of the department, and with community	61398
mental health agencies and boards of alcohol, drug addiction, and	61399
mental health services with which the department has a current	61400
agreement for patient care or services. Records and information	61401
that may be released pursuant to this division shall be limited to	61402
medication history, physical health status and history, financial	61403
status, summary of course of treatment in the hospital, summary of	61404
treatment needs, and a discharge summary, if any.	61405

(7) That hospitals within the department, other institutions	61406
and facilities within the department, hospitals licensed by the	61407
department under section 5119.20 of the Revised Code, and	61408
community mental health agencies may exchange psychiatric records	61409
and other pertinent information with payers and other providers of	61410
treatment and health services if the purpose of the exchange is to	61411
facilitate continuity of care for a patient;	61412

(8) That a patient's family member who is involved in the	61413
provision, planning, and monitoring of services to the patient may	61414
receive medication information, a summary of the patient's	61415
diagnosis and prognosis, and a list of the services and personnel	61416
available to assist the patient and the patient's family, if the	61417
patient's treating physician determines that the disclosure would	61418
be in the best interests of the patient. No such disclosure shall	61419
be made unless the patient is notified first and receives the	61420
information and does not object to the disclosure.	61421

(9) That community mental health agencies may exchange	61422
psychiatric records and certain other information with the board	61423
of alcohol, drug addiction, and mental health services and other	61424
agencies in order to provide services to a person involuntarily	61425
committed to a board. Release of records under this division shall	61426
be limited to medication history, physical health status and	61427
history, financial status, summary of course of treatment, summary	61428
of treatment needs, and discharge summary, if any.	61429

(10) That information may be disclosed to the executor or the	61430
administrator of an estate of a deceased patient when the	61431
information is necessary to administer the estate;	61432

(11) That records in the possession of the Ohio historical	61433
society may be released to the closest living relative of a	61434
deceased patient upon request of that relative;	61435

(12) That information may be disclosed to staff members of	61436
the appropriate board or to staff members designated by the	61437
director of mental health for the purpose of evaluating the	61438
quality, effectiveness, and efficiency of services and determining	61439
if the services meet minimum standards. Information obtained	61440
during such evaluations shall not be retained with the name of any	61441
patient.	61442

(13) That records pertaining to the patient's diagnosis,	61443
course of treatment, treatment needs, and prognosis shall be	61444
disclosed and released to the appropriate prosecuting attorney if	61445
the patient was committed pursuant to section 2945.38, 2945.39,	61446
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	61447
attorney designated by the board for proceedings pursuant to	61448
involuntary commitment under this chapter.	61449

(14) That the department of mental health may exchange	61450
psychiatric hospitalization records, other mental health treatment	61451
records, and other pertinent information with the department of	61452
rehabilitation and correction to ensure continuity of care for	61453
inmates who are receiving mental health services in an institution	61454
of the department of rehabilitation and correction and may	61455
exchange psychiatric hospitalization records, other mental health	61456
treatment records, and other pertinent information with boards of	61457
alcohol, drug addiction, and mental health services and community	61458
mental health agencies to ensure continuity of care for inmates or	61459
offenders who are receiving mental health services in an	61460
institution and are scheduled for release within six months. ~~The~~	61461
~~department shall not disclose those records unless the inmate is~~	61462
~~notified, receives the information, and does not object to the~~	61463
~~disclosure.~~ The release of records under this division is limited	61464
to records regarding an inmate's or offender's medication history,	61465
physical health status and history, summary of course of	61466
treatment, summary of treatment needs, and a discharge summary, if	61467
any.	61468

(15) That a community mental health agency that ceases to	61469
operate may transfer to either a community mental health agency	61470
that assumes its caseload or to the board of alcohol, drug	61471
addiction, and mental health services of the service district in	61472
which the patient resided at the time services were most recently	61473
provided any treatment records that have not been transferred	61474
elsewhere at the patient's request.	61475

(B) Before records are disclosed pursuant to divisions	61476
(A)(3), (6), ~~(7),~~ and (9) of this section, the custodian of the	61477
records shall attempt to obtain the patient's consent for the	61478
disclosure. No person shall reveal the contents of a medical	61479
record of a patient except as authorized by law.	61480

(C) The managing officer of a hospital who releases necessary	61481
medical information under division (A)(3) of this section to allow	61482
an insurance carrier or other third party payor to comply with	61483
section 5121.43 of the Revised Code shall neither be subject to	61484
criminal nor civil liability.	61485

Sec. 5123.01. As used in this chapter:

61486

(A) "Chief medical officer" means the licensed physician	61487
appointed by the managing officer of an institution for the	61488
mentally retarded with the approval of the director of	61489
developmental disabilities to provide medical treatment for	61490
residents of the institution.	61491

(B) "Chief program director" means a person with special	61492
training and experience in the diagnosis and management of the	61493
mentally retarded, certified according to division (C) of this	61494
section in at least one of the designated fields, and appointed by	61495
the managing officer of an institution for the mentally retarded	61496
with the approval of the director to provide habilitation and care	61497
for residents of the institution.	61498

(C) "Comprehensive evaluation" means a study, including a	61499
sequence of observations and examinations, of a person leading to	61500
conclusions and recommendations formulated jointly, with	61501
dissenting opinions if any, by a group of persons with special	61502
training and experience in the diagnosis and management of persons	61503
with mental retardation or a developmental disability, which group	61504
shall include individuals who are professionally qualified in the	61505
fields of medicine, psychology, and social work, together with	61506
such other specialists as the individual case may require.	61507

(D) "Education" means the process of formal training and	61508
instruction to facilitate the intellectual and emotional	61509
development of residents.	61510

(E) "Habilitation" means the process by which the staff of	61511
the institution assists the resident in acquiring and maintaining	61512
those life skills that enable the resident to cope more	61513
effectively with the demands of the resident's own person and of	61514
the resident's environment and in raising the level of the	61515
resident's physical, mental, social, and vocational efficiency.	61516
Habilitation includes but is not limited to programs of formal,	61517
structured education and training.	61518

(F) "Health officer" means any public health physician,	61519
public health nurse, or other person authorized or designated by a	61520
city or general health district.	61521

(G) "Home and community-based services" means medicaid-funded	61522
home and community-based services specified in division (B)(1) of	61523
section 5111.87 of the Revised Code provided under the medicaid	61524
waiver components the department of developmental disabilities	61525
administers pursuant to section 5111.871 of the Revised Code.	61526
~~However~~Except as provided in section 5123.0412 of the Revised	61527
Code, home and community-based services provided under the	61528
medicaid waiver component known as the transitions developmental	61529
disabilities waiver are to be considered to be home and	61530
community-based services for the purposes of this chapter only to	61531
the extent, if any, provided by the contract required by section	61532
5111.871 of the Revised Code regarding the waiver.	61533

(H) "Indigent person" means a person who is unable, without	61534
substantial financial hardship, to provide for the payment of an	61535
attorney and for other necessary expenses of legal representation,	61536
including expert testimony.	61537

(I) "Institution" means a public or private facility, or a	61538
part of a public or private facility, that is licensed by the	61539
appropriate state department and is equipped to provide	61540
residential habilitation, care, and treatment for the mentally	61541
retarded.	61542

(J) "Licensed physician" means a person who holds a valid	61543
certificate issued under Chapter 4731. of the Revised Code	61544
authorizing the person to practice medicine and surgery or	61545
osteopathic medicine and surgery, or a medical officer of the	61546
government of the United States while in the performance of the	61547
officer's official duties.	61548

(K) "Managing officer" means a person who is appointed by the	61549
director of developmental disabilities to be in executive control	61550
of an institution for the mentally retarded under the jurisdiction	61551
of the department.	61552

(L) "Medicaid" has the same meaning as in section 5111.01 of	61553
the Revised Code.	61554

(M) "Medicaid case management services" means case management	61555
services provided to an individual with mental retardation or	61556
other developmental disability that the state medicaid plan	61557
requires.	61558

(N) "Mentally retarded person" means a person having	61559
significantly subaverage general intellectual functioning existing	61560
concurrently with deficiencies in adaptive behavior, manifested	61561
during the developmental period.	61562

(O) "Mentally retarded person subject to institutionalization	61563
by court order" means a person eighteen years of age or older who	61564
is at least moderately mentally retarded and in relation to whom,	61565
because of the person's retardation, either of the following	61566
conditions exist:	61567

(1) The person represents a very substantial risk of physical	61568
impairment or injury to self as manifested by evidence that the	61569
person is unable to provide for and is not providing for the	61570
person's most basic physical needs and that provision for those	61571
needs is not available in the community;	61572

(2) The person needs and is susceptible to significant	61573
habilitation in an institution.	61574

(P) "A person who is at least moderately mentally retarded"	61575
means a person who is found, following a comprehensive evaluation,	61576
to be impaired in adaptive behavior to a moderate degree and to be	61577
functioning at the moderate level of intellectual functioning in	61578
accordance with standard measurements as recorded in the most	61579
current revision of the manual of terminology and classification	61580
in mental retardation published by the American association on	61581
mental retardation.	61582

(Q) As used in this division, "substantial functional	61583
limitation," "developmental delay," and "established risk" have	61584
the meanings established pursuant to section 5123.011 of the	61585
Revised Code.	61586

"Developmental disability" means a severe, chronic disability	61587
that is characterized by all of the following:	61588

(1) It is attributable to a mental or physical impairment or	61589
a combination of mental and physical impairments, other than a	61590
mental or physical impairment solely caused by mental illness as	61591
defined in division (A) of section 5122.01 of the Revised Code.	61592

(2) It is manifested before age twenty-two.

61593

(3) It is likely to continue indefinitely.

61594

(4) It results in one of the following:

61595

(a) In the case of a person under three years of age, at	61596
least one developmental delay or an established risk;	61597

(b) In the case of a person at least three years of age but	61598
under six years of age, at least two developmental delays or an	61599
established risk;	61600

(c) In the case of a person six years of age or older, a	61601
substantial functional limitation in at least three of the	61602
following areas of major life activity, as appropriate for the	61603
person's age: self-care, receptive and expressive language,	61604
learning, mobility, self-direction, capacity for independent	61605
living, and, if the person is at least sixteen years of age,	61606
capacity for economic self-sufficiency.	61607

(5) It causes the person to need a combination and sequence	61608
of special, interdisciplinary, or other type of care, treatment,	61609
or provision of services for an extended period of time that is	61610
individually planned and coordinated for the person.	61611

(R) "Developmentally disabled person" means a person with a	61612
developmental disability.	61613

(S) "State institution" means an institution that is	61614
tax-supported and under the jurisdiction of the department.	61615

(T) "Residence" and "legal residence" have the same meaning	61616
as "legal settlement," which is acquired by residing in Ohio for a	61617
period of one year without receiving general assistance prior to	61618
July 17, 1995, under former Chapter 5113. of the Revised Code,	61619
financial assistance under Chapter 5115. of the Revised Code, or	61620
assistance from a private agency that maintains records of	61621
assistance given. A person having a legal settlement in the state	61622
shall be considered as having legal settlement in the assistance	61623
area in which the person resides. No adult person coming into this	61624
state and having a spouse or minor children residing in another	61625
state shall obtain a legal settlement in this state as long as the	61626
spouse or minor children are receiving public assistance, care, or	61627
support at the expense of the other state or its subdivisions. For	61628
the purpose of determining the legal settlement of a person who is	61629
living in a public or private institution or in a home subject to	61630
licensing by the department of job and family services, the	61631
department of mental health, or the department of developmental	61632
disabilities, the residence of the person shall be considered as	61633
though the person were residing in the county in which the person	61634
was living prior to the person's entrance into the institution or	61635
home. Settlement once acquired shall continue until a person has	61636
been continuously absent from Ohio for a period of one year or has	61637
acquired a legal residence in another state. A woman who marries a	61638
man with legal settlement in any county immediately acquires the	61639
settlement of her husband. The legal settlement of a minor is that	61640
of the parents, surviving parent, sole parent, parent who is	61641
designated the residential parent and legal custodian by a court,	61642
other adult having permanent custody awarded by a court, or	61643
guardian of the person of the minor, provided that:	61644

(1) A minor female who marries shall be considered to have	61645
the legal settlement of her husband and, in the case of death of	61646
her husband or divorce, she shall not thereby lose her legal	61647
settlement obtained by the marriage.	61648

(2) A minor male who marries, establishes a home, and who has	61649
resided in this state for one year without receiving general	61650
assistance prior to July 17, 1995, under former Chapter 5113. of	61651
the Revised Code, financial assistance under Chapter 5115. of the	61652
Revised Code, or assistance from a private agency that maintains	61653
records of assistance given shall be considered to have obtained a	61654
legal settlement in this state.	61655

(3) The legal settlement of a child under eighteen years of	61656
age who is in the care or custody of a public or private child	61657
caring agency shall not change if the legal settlement of the	61658
parent changes until after the child has been in the home of the	61659
parent for a period of one year.	61660

No person, adult or minor, may establish a legal settlement	61661
in this state for the purpose of gaining admission to any state	61662
institution.	61663

(U)(1) "Resident" means, subject to division (R)(2) of this	61664
section, a person who is admitted either voluntarily or	61665
involuntarily to an institution or other facility pursuant to	61666
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	61667
Code subsequent to a finding of not guilty by reason of insanity	61668
or incompetence to stand trial or under this chapter who is under	61669
observation or receiving habilitation and care in an institution.	61670

(2) "Resident" does not include a person admitted to an	61671
institution or other facility under section 2945.39, 2945.40,	61672
2945.401, or 2945.402 of the Revised Code to the extent that the	61673
reference in this chapter to resident, or the context in which the	61674
reference occurs, is in conflict with any provision of sections	61675
2945.37 to 2945.402 of the Revised Code.	61676

(V) "Respondent" means the person whose detention,	61677
commitment, or continued commitment is being sought in any	61678
proceeding under this chapter.	61679

(W) "Working day" and "court day" mean Monday, Tuesday,	61680
Wednesday, Thursday, and Friday, except when such day is a legal	61681
holiday.	61682

(X) "Prosecutor" means the prosecuting attorney, village	61683
solicitor, city director of law, or similar chief legal officer	61684
who prosecuted a criminal case in which a person was found not	61685
guilty by reason of insanity, who would have had the authority to	61686
prosecute a criminal case against a person if the person had not	61687
been found incompetent to stand trial, or who prosecuted a case in	61688
which a person was found guilty.	61689

(Y) "Court" means the probate division of the court of common	61690
pleas.	61691

(Z) "Supported living" and "residential services" have the	61692
same meanings as in section 5126.01 of the Revised Code.	61693

Sec. 5123.033. The program fee fund is hereby created in the	61694
state treasury. All fees collected pursuant to sections 5123.161,	61695
5123.164, and 5123.19~~, and 5126.25~~ of the Revised Code shall be	61696
credited to the fund. Money credited to the fund shall be used	61697
solely for the department of developmental disabilities' duties	61698
under sections 5123.16 to ~~5123.169~~5123.1610, and 5123.19~~, and~~	61699
~~5126.25~~ of the Revised Code and to provide continuing education	61700
and professional training to ~~employees of county boards of~~	61701
~~developmental disabilities for the purpose of section 5126.25 of~~	61702
~~the Revised Code and other~~ providers of services to individuals	61703
with mental retardation or a developmental disability. If the	61704
money credited to the fund is inadequate to pay all of the	61705
department's costs in performing those duties and providing the	61706
continuing education and professional training, the department may	61707
use other available funds appropriated to the department to pay	61708
the remaining costs of performing those duties and providing the	61709
continuing education and professional training.	61710

Sec. 5123.042. ~~(A) The~~Except as provided in section	61711
5123.197 of the Revised Code, each person or government entity	61712
seeking to develop new or modify existing residential services	61713
shall submit to the department of developmental disabilities a	61714
plan for the development or modification. The department shall	61715
approve a plan that is submitted in accordance with rules adopted	61716
under this section and meets the uniform standards for plans	61717
established in those rules.	61718

The director of developmental disabilities shall adopt rules	61719
in accordance with Chapter 119. of the Revised Code establishing	61720
the following:	61721

~~(1)~~(A) Procedures for submitting plans under this section;

61722

(B) Uniform standards ~~under which:~~

61723

~~(a) A person or agency shall submit plans to the county board~~	61724
~~of developmental disabilities for the development of residential~~	61725
~~services for individuals with mental retardation or a~~	61726
~~developmental disability within the county;~~	61727

~~(b) The county board must review the plans and recommend~~	61728
~~providers for the services~~for the plans.	61729

~~(2) The eligibility criteria for selecting persons and~~	61730
~~agencies to provide residential services, which shall take into~~	61731
~~consideration the recommendations of the county board.~~	61732

~~(B) The county board, in accordance with its comprehensive~~	61733
~~service plan, shall review all proposals for the development of~~	61734
~~residential services that are submitted to it and shall, if the~~	61735
~~proposals are acceptable to the county board, recommend providers~~	61736
~~for the development of residential services within the county. The~~	61737
~~department shall approve proposals for the development of~~	61738
~~residential services within counties based upon the availability~~	61739
~~of funds and in accordance with rules adopted under division~~	61740
~~(A)(2) of this section.~~	61741

~~No county board shall recommend providers for the development~~	61742
~~of residential services if the county board is an applicant to~~	61743
~~provide services. In cases of possible conflict of interest, the~~	61744
~~director shall appoint a committee that shall, in accordance with~~	61745
~~the approved county comprehensive service plan, review and~~	61746
~~recommend to the director providers for the services.~~	61747

~~If a county board fails to establish an approved~~	61748
~~comprehensive service plan, the director may establish residential~~	61749
~~services development goals for the county board based on~~	61750
~~documented need as determined by the department. If a county board~~	61751
~~fails to develop or implement such a plan in accordance with the~~	61752
~~rules adopted under this section, the department may, without the~~	61753
~~involvement of the county board, review and select providers for~~	61754
~~the development of residential services in the county.~~	61755

Sec. 5123.044. The department of developmental disabilities	61756
shall determine whether county boards of developmental	61757
disabilities ~~are in compliance with~~violate the rights that	61758
individuals with mental retardation or other developmental	61759
disabilities have under section 5126.046 of the Revised Code to	61760
obtain home and community-based services, nonmedicaid residential	61761
services, or nonmedicaid supported living from qualified and	61762
willing providers. The department shall provide assistance to an	61763
individual with mental retardation or other developmental	61764
disability who requests assistance with the individual's ~~right~~	61765
rights under that section ~~5126.046 of the Revised Code to choose a~~	61766
~~provider of habilitation, vocational, community employment,~~	61767
~~residential, or supported living services~~ if the department is	61768
notified of a county board's alleged violation of the individual's	61769
~~right to choose such a provider~~rights under that section.	61770

Sec. 5123.0412. (A) The department of developmental	61771
disabilities shall charge each county board of developmental	61772
disabilities an annual fee equal to one and one-quarter per cent	61773
of the total value of all medicaid paid claims for home and	61774
community-based services provided during the year to an individual	61775
eligible for services from the county board. However, the	61776
department shall not charge the fee for home and community-based	61777
services provided under the medicaid waiver component known as the	61778
transitions developmental disabilities waiver. No county board	61779
shall pass the cost of a fee charged to the county board under	61780
this section on to another provider of these services.	61781

(B) The fees collected under this section shall be deposited	61782
into the ODDD administration and oversight fund and the ODJFS	61783
administration and oversight fund, both of which are hereby	61784
created in the state treasury. The portion of the fees to be	61785
deposited into the ODDD administration and oversight fund and the	61786
portion of the fees to be deposited into the ODJFS administration	61787
and oversight fund shall be the portion specified in an	61788
interagency agreement entered into under division (C) of this	61789
section. The department of developmental disabilities shall use	61790
the money in the ODDD administration and oversight fund and the	61791
department of job and family services shall use the money in the	61792
ODJFS administration and oversight fund for both of the following	61793
purposes:	61794

(1) Medicaid administrative costs, including administrative	61795
and oversight costs of medicaid case management services and home	61796
and community-based services. The administrative and oversight	61797
costs of medicaid case management services and home and	61798
community-based services shall include costs for staff, systems,	61799
and other resources the departments need and dedicate solely to	61800
the following duties associated with the services:	61801

(a) Eligibility determinations;

61802

(b) Training;

61803

61804

(d) Claims processing;

61805

(e) Quality assurance oversight;

61806

(f) Other duties the departments identify.

61807

(2) Providing technical support to county boards' local	61808
administrative authority under section 5126.055 of the Revised	61809
Code for the services.	61810

(C) The departments of developmental disabilities and job and	61811
family services shall enter into an interagency agreement to do	61812
both of the following:	61813

(1) Specify which portion of the fees collected under this	61814
section is to be deposited into the ODDD administration and	61815
oversight fund and which portion is to be deposited into the ODJFS	61816
administration and oversight fund;	61817

(2) Provide for the departments to coordinate the staff whose	61818
costs are paid for with money in the ODDD administration and	61819
oversight fund and the ODJFS administration and oversight fund.	61820

(D) The departments shall submit an annual report to the	61821
director of budget and management certifying how the departments	61822
spent the money in the ODDD administration and oversight fund and	61823
the ODJFS administration and oversight fund for the purposes	61824
specified in division (B) of this section.	61825

Sec. 5123.0414. (A) When the director of developmental	61826
disabilities, under section 119.07 of the Revised Code, sends a	61827
party a notice by registered mail, return receipt requested, that	61828
the director intends to take action against the party authorized	61829
by section ~~5123.082,~~ 5123.166, 5123.168, 5123.19, 5123.45,	61830
5123.51, or 5126.25 of the Revised Code and the notice is returned	61831
to the director with an endorsement indicating that the notice was	61832
refused or unclaimed, the director shall resend the notice by	61833
ordinary mail to the party.	61834

(B) If the original notice was refused, the notice shall be	61835
deemed received as of the date the director resends the notice.	61836

(C) If the original notice was unclaimed, the notice shall be	61837
deemed received as of the date the director resends the notice	61838
unless, not later than thirty days after the date the director	61839
sent the original notice, the resent notice is returned to the	61840
director for failure of delivery.	61841

If the notice concerns taking action under section 5123.51 of	61842
the Revised Code and the resent notice is returned to the director	61843
for failure of delivery not later than thirty days after the date	61844
the director sent the original notice, the director shall cause	61845
the notice to be published in a newspaper of general circulation	61846
in the county of the party's last known residence or business and	61847
shall mail a dated copy of the published notice to the party at	61848
the last known address. The notice shall be deemed received as of	61849
the date of the publication.	61850

If the notice concerns taking action under section ~~5123.082,~~	61851
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	61852
Code and the resent notice is returned to the director for failure	61853
of delivery not later than thirty days after the date the director	61854
sent the original notice, the director shall resend the notice to	61855
the party a second time. The notice shall be deemed received as of	61856
the date the director resends the notice the second time.	61857

Sec. 5123.0415. ~~As used in this section, "license" means a~~	61858
~~license, certificate, or evidence of registration.~~	61859

Each person and each government entity that applies for or	61860
holds a valid license, certification, or registration issued under	61861
section ~~5123.082,~~ 5123.161, 5123.19, 5123.45, or 5126.25~~, or~~	61862
~~5126.252~~ of the Revised Code shall notify the director of	61863
developmental disabilities of any change in the ~~person~~person's	61864
or government entity's address.	61865

Sec. 5123.081. (A) As used in this section:

61866

(1)(a) "Applicant" means aany of the following:

61867

(i) A person who is under final consideration for appointment	61868
to or employment with the department of developmental	61869
disabilities~~, including, but not limited to, a~~or a county board	61870
of developmental disabilities;	61871

(ii) A person who is being transferred to the department ~~and~~	61872
anor a county board;	61873

(iii) An employee who is being recalled to or reemployed by	61874
the department or a county board after a layoff;	61875

(iv) A person under final consideration for a direct services	61876
position with a provider or subcontractor.	61877

(b) Neither of the following is an applicant:

61878

(i) A person who is employed by a responsible entity in a	61879
position for which a criminal records check is required by this	61880
section and either is being considered for a different position	61881
with the responsible entity or is returning after a leave of	61882
absence or seasonal break in employment, unless the responsible	61883
entity has reason to believe that the person has committed a	61884
disqualifying offense;	61885

(ii) A person who is to provide only respite care under a	61886
family support services program established under section 5126.11	61887
of the Revised Code if a family member of the individual with	61888
mental retardation or a developmental disability who is to receive	61889
the respite care selects the person.	61890

(2) "Criminal records check" has the same meaning as in	61891
section 109.572 of the Revised Code.	61892

(3) "Direct services position" means an employment position	61893
in which the employee has the opportunity to be alone with or	61894
exercises supervision or control over one or more individuals with	61895
mental retardation or a developmental disability.	61896

(4) "Disqualifying offense" means any of the following:

61897

(a) One or more violations of section 959.13, 959.131,	61898
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12,	61899
2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34,	61900
2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	61901
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	61902
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	61903
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	61904
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	61905
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	61906
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	61907
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	61908
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	61909
2919.22, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21,	61910
2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12,	61911
2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32,	61912
2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,	61913
2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	61914
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	61915

(b) One or more violations of section 2905.04 of the Revised	61916
Code as it existed prior to July 1, 1996;	61917

(c) One or more violations of section 2919.23 of the Revised	61918
Code that would have been a violation of section 2905.04 of the	61919
Revised Code as it existed prior to July 1, 1996, had the	61920
violation occurred prior to that date;	61921

(d) One violation of section 2925.11 of the Revised Code that	61922
is not a minor drug possession offense;	61923

(e) Two or more violations of section 2925.11 of the Revised	61924
Code, regardless of whether any of the violations are a minor drug	61925
possession offense;	61926

(f) One or more violations of felonious sexual penetration	61927
under former section 2907.12 of the Revised Code;	61928

(g) One or more violations of section 2923.01, 2923.02, or	61929
2923.03 of the Revised Code when the underlying offense that is	61930
the object of the conspiracy, attempt, or complicity is one of the	61931
offenses listed in divisions (A)(4)(a) to (f) of this section;	61932

(h) One or more felonies contained in the Revised Code that	61933
are not listed in divisions (A)(4)(a) to (g) of this section, if	61934
the felony bears a direct and substantial relationship to the	61935
duties and responsibilities of the position being filled;	61936

(i) One or more offenses contained in the Revised Code	61937
constituting a misdemeanor of the first degree on the first	61938
offense and a felony on a subsequent offense, if the offense bears	61939
a direct and substantial relationship to the position being filled	61940
and the nature of the services being provided by the responsible	61941
entity;	61942

(j) One or more violations of an existing or former municipal	61943
ordinance or law of this state, any other state, or the United	61944
States, if the offense is substantially equivalent to any of the	61945
offenses listed or described in divisions (A)(4)(a) to (i) of this	61946
section.	61947

(5)(a) "Employee" means either of the following:

61948

(i) A person appointed to or employed by the department of	61949
developmental disabilities or a county board of developmental	61950
disabilities;	61951

(ii) A person employed in a direct services position by a	61952
provider or subcontractor.	61953

(b) "Employee" does not mean a person who provides only	61954
respite care under a family support services program established	61955
under section 5126.11 of the Revised Code if a family member of	61956
the individual with mental retardation or a developmental	61957
disability who receives the respite care selected the person.	61958

(6) "Minor drug possession offense" has the same meaning as	61959
in section 2925.01 of the Revised Code.	61960

(7) "Provider" means a person that provides specialized	61961
services to individuals with mental retardation or a developmental	61962
disability and employs one or more persons in direct services	61963
positions.	61964

(8) "Responsible entity" means the following:

61965

(a) The department of developmental disabilities in the case	61966
of either of the following:	61967

(i) A person who is an applicant because the person is under	61968
final consideration for appointment to or employment with the	61969
department, being transferred to the department, or being recalled	61970
to or reemployed by the department after a layoff;	61971

(ii) A person who is an employee because the person is	61972
appointed to or employed by the department.	61973

(b) A county board of developmental disabilities in the case	61974
of either of the following:	61975

(i) A person who is an applicant because the person is under	61976
final consideration for appointment to or employment with the	61977
county board, being transferred to the county board, or being	61978
recalled to or reemployed by the county board after a layoff;	61979

(ii) A person who is an employee because the person is	61980
appointed to or employed by the county board.	61981

61982

(i) A person who is an applicant because the person is under	61983
final consideration for a direct services position with the	61984
provider;	61985

(ii) A person who is an employee because the person is	61986
employed in a direct services position by the provider.	61987

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

61988

(i) A person who is an applicant because the person is under	61989
final consideration for a direct services position with the	61990
subcontractor;	61991

(ii) A person who is an employee because the person is	61992
employed in a direct services position by the subcontractor.	61993

(9) "Specialized services" means any program or service	61994
designed and operated to serve primarily individuals with mental	61995
retardation or a developmental disability, including a program or	61996
service provided by an entity licensed or certified by the	61997
department of developmental disabilities. If there is a question	61998
as to whether a provider or subcontractor is providing specialized	61999
services, the provider or subcontractor may request that the	62000
director of developmental disabilities make a determination. The	62001
director's determination is final.	62002

(10) "Subcontractor" means a person to which both of the	62003
following apply:	62004

(a) The person has either of the following:

62005

(i) A subcontract with a provider to provide specialized	62006
services included in the contract between the provider and the	62007
department of developmental disabilities or a county board of	62008
developmental disabilities;	62009

(ii) A subcontract with another subcontractor to provide	62010
specialized services included in a subcontract between the other	62011
subcontractor and a provider or other subcontractor.	62012

(b) The person employs one or more persons in direct services	62013
positions.	62014

(B) ~~The director of developmental disabilities~~A responsible	62015
entity shall not employ an applicant or continue to employ an	62016
employee if either of the following applies:	62017

(1) The applicant or employee fails to comply with division	62018
(D)(3) of this section.	62019

(2) Except as provided in rules adopted under this section,	62020
the applicant or employee is found by a criminal records check	62021
required by this section to have been convicted of, pleaded guilty	62022
to, or been found eligible for intervention in lieu of conviction	62023
for a disqualifying offense.	62024

(C) Before employing an applicant in a position for which a	62025
criminal records check is required by this section, a responsible	62026
entity shall require the applicant to submit a statement with the	62027
applicant's signature attesting that the applicant has not been	62028
convicted of, pleaded guilty to, or been found eligible for	62029
intervention in lieu of conviction for a disqualifying offense.	62030
The responsible entity also shall require the applicant to sign an	62031
agreement under which the applicant agrees to notify the	62032
responsible entity within fourteen calendar days if, while	62033
employed by the responsible entity, the applicant is formally	62034
charged with, is convicted of, pleads guilty to, or is found	62035
eligible for intervention in lieu of conviction for a	62036
disqualifying offense. The agreement shall provide that the	62037
applicant's failure to provide the notification may result in	62038
termination of the applicant's employment.	62039

(D)(1) As a condition of employing any applicant in a	62040
position for which a criminal records check is required by this	62041
section, a responsible entity shall request the superintendent of	62042
the bureau of criminal identification and investigation to conduct	62043
a criminal records check ~~with respect to each applicant, except~~	62044
~~that the director is not required to request a criminal records~~	62045
~~check for an employee of the department who is being considered~~	62046
~~for a different position or is returning after a leave of absence~~	62047
~~or seasonal break in employment, as long as the director has no~~	62048
~~reason to believe that the employee has committed any of the~~	62049
~~offenses listed or described in division (E) of this section.~~	62050

~~If the~~of the applicant. If rules adopted under this section	62051
require an employee to undergo a criminal records check, a	62052
responsible entity shall request the superintendent to conduct a	62053
criminal records check of the employee at times specified in the	62054
rules as a condition of the responsible entity's continuing to	62055
employ the employee in a position for which a criminal records	62056
check is required by this section. If an applicant or employee	62057
does not present proof that the applicant or employee has been a	62058
resident of this state for the five-year period immediately prior	62059
to the date upon which the criminal records check is requested,	62060
the ~~director~~responsible entity shall request that the	62061
superintendent ~~of the bureau~~ obtain information from the federal	62062
bureau of investigation as a part of the criminal records check	62063
~~for the applicant~~. If the applicant or employee presents proof	62064
that the applicant or employee has been a resident of this state	62065
for that five-year period, the ~~director~~responsible entity may	62066
request that the superintendent ~~of the bureau~~ include information	62067
from the federal bureau of investigation in the criminal records	62068
check. For purposes of this division, an applicant or employee may	62069
provide proof of residency in this state by presenting, with a	62070
notarized statement asserting that the applicant or employee has	62071
been a resident of this state for that five-year period, a valid	62072
driver's license, notification of registration as an elector, a	62073
copy of an officially filed federal or state tax form identifying	62074
the applicant's or employee's permanent residence, or any other	62075
document the ~~director~~responsible entity considers acceptable.	62076

~~(C) The director~~(2) A responsible entity shall ~~provide~~do	62077
all of the following:	62078

(a) Provide to each applicant and employee for whom a	62079
criminal records check is required by this section a copy of the	62080
form prescribed pursuant to division (C)(1) of section 109.572 of	62081
the Revised Code~~, provide to each applicant~~and a standard	62082
impression sheet to obtain fingerprint impressions prescribed	62083
pursuant to division (C)(2) of section 109.572 of the Revised	62084
Code~~, obtain~~;	62085

(b) Obtain the completed form and standard impression sheet	62086
from ~~each~~the applicant~~, and forward~~or employee;	62087

(c) Forward the completed form and standard impression sheet	62088
to the superintendent ~~of the bureau of criminal identification and~~	62089
~~investigation~~ at the time the criminal records check is requested.	62090

(3) Any applicant or employee who receives pursuant to this	62091
division a copy of the form prescribed pursuant to division (C)(1)	62092
of section 109.572 of the Revised Code and a copy of anthe	62093
standard impression sheet prescribed pursuant to division (C)(2)	62094
of that section and who is requested to complete the form and	62095
provide a set of the applicant's or employee's fingerprint	62096
impressions shall complete the form or provide all the information	62097
necessary to complete the form and shall provide the ~~material~~	62098
standard impression sheet with the impressions of the applicant's	62099
or employee's fingerprints. ~~If an applicant, upon request, fails~~	62100
~~to provide the information necessary to complete the form or fails~~	62101
~~to provide impressions of the applicant's fingerprints, the~~	62102
~~director shall not employ the applicant.~~	62103

~~(D) The director~~(4) A responsible entity shall pay to the	62104
bureau of criminal identification and investigation the fee	62105
prescribed pursuant to division (C)(3) of section 109.572 of the	62106
Revised Code for each criminal records check requested and	62107
conducted pursuant to this section.	62108

(E) A responsible entity may request any other state or	62109
federal agency to supply the ~~director~~responsible entity with a	62110
written report regarding the criminal record of ~~each~~an applicant	62111
or employee. ~~With regard to an applicant who becomes a department~~	62112
~~employee, if the~~If an employee holds an occupational or	62113
professional license or other credentials, the ~~director~~	62114
responsible entity may request that the state or federal agency	62115
that regulates the employee's occupation or profession supply the	62116
~~director~~responsible entity with a written report of any	62117
information pertaining to the employee's criminal record that the	62118
agency obtains in the course of conducting an investigation or in	62119
the process of renewing the employee's license or other	62120
credentials. The responsible entity may consider the reports when	62121
determining whether to employ the applicant or to continue to	62122
employ the employee.	62123

~~(E) Except as provided in division (K)(2) of this section and~~	62124
~~in rules adopted by the director in accordance with division (M)~~	62125
~~of this section, the director shall not employ a person to fill a~~	62126
~~position with the department who has been convicted of or pleaded~~	62127
~~guilty to any of the following:~~	62128

~~(1) A violation of section 2903.01, 2903.02, 2903.03,~~	62129
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	62130
~~2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,~~	62131
~~2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,~~	62132
~~2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,~~	62133
~~2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,~~	62134
~~2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,~~	62135
~~2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of~~	62136
~~section 2905.04 of the Revised Code as it existed prior to July 1,~~	62137
~~1996, a violation of section 2919.23 of the Revised Code that~~	62138
~~would have been a violation of section 2905.04 of the Revised Code~~	62139
~~as it existed prior to July 1, 1996, had the violation occurred~~	62140
~~prior to that date, a violation of section 2925.11 of the Revised~~	62141
~~Code that is not a minor drug possession offense, or felonious~~	62142
~~sexual penetration in violation of former section 2907.12 of the~~	62143
~~Revised Code;~~	62144

~~(2) A felony contained in the Revised Code that is not listed~~	62145
~~in this division, if the felony bears a direct and substantial~~	62146
~~relationship to the duties and responsibilities of the position~~	62147
~~being filled;~~	62148

~~(3) Any offense contained in the Revised Code constituting a~~	62149
~~misdemeanor of the first degree on the first offense and a felony~~	62150
~~on a subsequent offense, if the offense bears a direct and~~	62151
~~substantial relationship to the position being filled and the~~	62152
~~nature of the services being provided by the department;~~	62153

~~(4) A violation of an existing or former municipal ordinance~~	62154
~~or law of this state, any other state, or the United States, if~~	62155
~~the offense is substantially equivalent to any of the offenses~~	62156
~~listed or described in division (E)(1), (2), or (3) of this~~	62157
~~section.~~	62158

(F) ~~Prior to employing an applicant, the director shall~~	62159
~~require the applicant to submit a statement with the applicant's~~	62160
~~signature attesting that the applicant has not been convicted of~~	62161
~~or pleaded guilty to any of the offenses listed or described in~~	62162
~~division (E) of this section. The director also shall require the~~	62163
~~applicant to sign an agreement under which the applicant agrees to~~	62164
~~notify the director within fourteen calendar days if, while~~	62165
~~employed with the department, the applicant is ever formally~~	62166
~~charged with, convicted of, or pleads guilty to any of the~~	62167
~~offenses listed or described in division (E) of this section. The~~	62168
~~agreement shall inform the applicant that failure to report formal~~	62169
~~charges, a conviction, or a guilty plea may result in being~~	62170
~~dismissed from employment.~~As a condition of employing an	62171
applicant in a position for which a criminal records check is	62172
required by this section and that involves transporting	62173
individuals with mental retardation or developmental disabilities	62174
or operating a responsible entity's vehicles for any purpose, the	62175
responsible entity shall obtain the applicant's driving record	62176
from the bureau of motor vehicles. If rules adopted under this	62177
section require a responsible entity to obtain an employee's	62178
driving record, the responsible entity shall obtain the employee's	62179
driving record from the bureau at times specified in the rules as	62180
a condition of continuing to employ the employee. The responsible	62181
entity may consider the applicant's or employee's driving record	62182
when determining whether to employ the applicant or to continue to	62183
employ the employee.	62184

(G) ~~The director shall pay to the bureau of criminal~~	62185
~~identification and investigation the fee prescribed pursuant to~~	62186
~~division (C)(3) of section 109.572 of the Revised Code for each~~	62187
~~criminal records check requested and conducted pursuant to this~~	62188
~~section.~~A responsible entity may employ an applicant	62189
conditionally pending receipt of a report regarding the applicant	62190
requested under this section. The responsible entity shall	62191
terminate the applicant's employment if it is determined from a	62192
report that the applicant failed to inform the responsible entity	62193
that the applicant had been convicted of, pleaded guilty to, or	62194
been found eligible for intervention in lieu of conviction for a	62195
disqualifying offense.	62196

(H) A responsible entity may charge an applicant a fee for	62197
costs the responsible entity incurs in obtaining a report	62198
regarding the applicant under this section if the responsible	62199
entity notifies the applicant of the amount of the fee at the time	62200
of the applicant's initial application for employment and that,	62201
unless the fee is paid, the responsible entity will not consider	62202
the applicant for employment. The fee shall not exceed the amount	62203
of the fee, if any, the responsible entity pays for the report.	62204

(I)(1) Any report obtained pursuant to this section is not a	62205
public record for purposes of section 149.43 of the Revised Code	62206
and shall not be made available to any person, other than the	62207
following:	62208

(a) The applicant or employee who is the subject of the	62209
~~records check or criminal records check~~report or the applicant's	62210
or employee's representative~~, the department~~;	62211

(b) The responsible entity that requested the report or its	62212
representative~~, a county board of developmental disabilities, and~~	62213
~~any~~;	62214

(c) The department if a county board, provider, or	62215
subcontractor is the responsible entity that requested the report	62216
and the department requests the responsible entity to provide a	62217
copy of the report to the department;	62218

(d) A county board if a provider or subcontractor is the	62219
responsible entity that requested the report and the county board	62220
requests the responsible entity to provide a copy of the report to	62221
the county board;	62222

(e) Any court, hearing officer, or other necessary individual	62223
involved in a case dealing with ~~the~~any of the following:	62224

(i) The denial of employment to the applicant or ~~the~~	62225
employee;	62226

(ii) The denial, suspension, or revocation of a certificate	62227
~~or evidence of registration~~ under section ~~5123.082~~5123.166 or	62228
5123.45 of the Revised Code;	62229

(iii) A civil or criminal action regarding the medicaid	62230
program or a program the department administers.	62231

(2) An ~~individual~~applicant or employee for whom ~~the director~~	62232
responsible entity has obtained reports under this section may	62233
submit a written request to the ~~director~~responsible entity to	62234
have copies of the reports sent to any state agency, entity of	62235
local government, or private entity. The ~~individual~~applicant or	62236
employee shall specify in the request the agencies or entities to	62237
which the copies are to be sent. On receiving the request, the	62238
~~director~~responsible entity shall send copies of the reports to	62239
the agencies or entities specified.	62240

~~The director~~(3) A responsible entity may request that a	62241
state agency, entity of local government, or private entity send	62242
copies to the ~~director~~responsible entity of any report regarding	62243
a records check or criminal records check that the agency or	62244
entity possesses, if the ~~director~~responsible entity obtains the	62245
written consent of the individual who is the subject of the	62246
report.	62247

~~(I) The director shall request the registrar of motor~~	62248
~~vehicles to supply the director with a certified abstract~~	62249
~~regarding the record of convictions for violations of motor~~	62250
~~vehicle laws of each applicant who will be required by the~~	62251
~~applicant's employment to transport individuals with mental~~	62252
~~retardation or a developmental disability or to operate the~~	62253
~~department's vehicles for any other purpose. For each abstract~~	62254
~~provided under this section, the director shall pay the amount~~	62255
~~specified in section 4509.05 of the Revised Code.~~	62256

~~(J) The director~~(4) A responsible entity shall provide each	62257
applicant and employee with a copy of any report ~~or abstract~~	62258
obtained about the applicant or employee under this section.	62259

~~(K)(1) The director shall inform each person, at the time of~~	62260
~~the person's initial application for employment, that the person~~	62261
~~is required to provide a set of impressions of the person's~~	62262
~~fingerprints and that a criminal records check is required to be~~	62263
~~conducted and satisfactorily completed in accordance with section~~	62264
~~109.572 of the Revised Code if the person comes under final~~	62265
~~consideration for employment as a precondition to employment in a~~	62266
~~position.~~	62267

~~(2) The director may employ an applicant pending receipt of~~	62268
~~reports requested under this section. The director shall terminate~~	62269
~~employment of any such applicant if it is determined from the~~	62270
~~reports that the applicant failed to inform the director that the~~	62271
~~applicant had been convicted of or pleaded guilty to any of the~~	62272
~~offenses listed or described in division (E) of this section.~~	62273

~~(L) The director may charge an applicant a fee for costs the~~	62274
~~director incurs in obtaining reports, abstracts, or fingerprint~~	62275
~~impressions under this section. A fee charged under this division~~	62276
~~shall not exceed the amount of the fees the director pays under~~	62277
~~divisions (G) and (I) of this section. If a fee is charged under~~	62278
~~this division, the director shall notify the applicant of the~~	62279
~~amount of the fee at the time of the applicant's initial~~	62280
~~application for employment and that, unless the fee is paid, the~~	62281
~~director will not consider the applicant for employment.~~	62282

~~(M)~~(J) The director of developmental disabilities shall adopt	62283
rules in accordance with Chapter 119. of the Revised Code to	62284
implement this section~~, including rules specifying~~.	62285

(1) The rules may do the following:

62286

(a) Require employees to undergo criminal records checks	62287
under this section;	62288

(b) Require responsible entities to obtain the driving	62289
records of employees under this section;	62290

(c) If the rules require employees to undergo criminal	62291
records checks, require responsible entities to obtain the driving	62292
records of employees, or both, exempt one or more classes of	62293
employees from the requirements.	62294

(2) The rules shall do both of the following:

62295

(a) If the rules require employees to undergo criminal	62296
records checks, require responsible entities to obtain the driving	62297
records of employees, or both, specify the times at which the	62298
criminal records checks are to be conducted and the driving	62299
records are to be obtained;	62300

(b) Specify circumstances under which ~~the director~~a	62301
responsible entity may employ ~~a person who has~~an applicant or	62302
employee who is found by a criminal records check required by this	62303
section to have been convicted of or, pleaded guilty to an, or	62304
been found eligible for intervention in lieu of conviction for a	62305
disqualifying offense ~~listed or described in division (E) of this~~	62306
~~section~~ but ~~who~~ meets standards in regard to rehabilitation set by	62307
the director.	62308

Sec. 5123.16. (A) As used in sections 5123.16 to ~~5123.169~~	62309
5123.1610 of the Revised Code:	62310

(1) "Applicant" means any of the following:

62311

(a) The chief executive officer of a business that applies	62312
under section 5123.161 of the Revised Code for a certificate to	62313
provide supported living;	62314

(b) The chief executive officer of a business that seeks	62315
renewal of the business's supported living certificate under	62316
section 5123.164 of the Revised Code;	62317

(c) An individual who applies under section 5123.161 of the	62318
Revised Code for a certificate to provide supported living as an	62319
independent provider;	62320

(d) An independent provider who seeks renewal of the	62321
independent provider's supported living certificate under section	62322
5123.164 of the Revised Code.	62323

(2)(a) "Business" means either of the following:

62324

(i) An association, corporation, nonprofit organization,	62325
partnership, trust, or other group of persons;	62326

(ii) An individual who employs, directly or through contract,	62327
one or more other individuals to provide supported living.	62328

(b) "Business" does not mean an independent provider.

62329

(3) "Criminal records check" has the same meaning as in	62330
section 109.572 of the Revised Code.	62331

(4) "Disqualifying offense" means any of the following:

62332

(a) One or more violations of section 959.13, 959.131,	62333
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12,	62334
2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34,	62335
2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	62336
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	62337
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	62338
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	62339
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	62340
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	62341
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	62342
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	62343
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	62344
2919.22, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21,	62345
2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12,	62346
2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32,	62347
2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,	62348
2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	62349
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	62350

(b) One or more violations of section 2905.04 of the Revised	62351
Code as it existed prior to July 1, 1996;	62352

(c) One or more violations of section 2919.23 of the Revised	62353
Code that would have been a violation of section 2905.04 of the	62354
Revised Code as it existed prior to July 1, 1996, had the	62355
violation occurred prior to that date;	62356

(d) One violation of section 2925.11 of the Revised Code that	62357
is not a minor drug possession offense;	62358

(e) Two or more violations of section 2925.11 of the Revised	62359
Code, regardless of whether any of the violations are a minor drug	62360
possession offense;	62361

(f) One or more violations of felonious sexual penetration	62362
under former section 2907.12 of the Revised Code;	62363

(g) One or more violations of section 2923.01, 2923.02, or	62364
2923.03 of the Revised Code when the underlying offense that is	62365
the object of the conspiracy, attempt, or complicity is one of the	62366
offenses listed in divisions (A)(4)(a) to (f) of this section;	62367

(h) One or more felonies contained in the Revised Code that	62368
are not listed in divisions (A)(4)(a) to (g) of this section, if	62369
the felony bears a direct and substantial relationship to the	62370
duties and responsibilities of the position being filled;	62371

(i) One or more offenses contained in the Revised Code	62372
constituting a misdemeanor of the first degree on the first	62373
offense and a felony on a subsequent offense, if the offense bears	62374
a direct and substantial relationship to the position being filled	62375
and the nature of the services being provided by the responsible	62376
entity;	62377

(j) One or more violations of an existing or former municipal	62378
ordinance or law of this state, any other state, or the United	62379
States, if the offense is substantially equivalent to any of the	62380
offenses listed or described in divisions (A)(4)(a) to (i) of this	62381
section.	62382

(5) "Independent provider" means a provider who provides	62383
supported living on a self-employed basis and does not employ,	62384
directly or through contract, another individual to provide the	62385
supported living.	62386

(6) "Provider" means a person or government entity certified	62387
by the director of developmental disabilities to provide supported	62388
living.	62389

~~(2)~~(7) "Minor drug possession offense" has the same meaning	62390
as in section 2925.01 of the Revised Code.	62391

(8) "Related party" means any of the following:

62392

(a) In the case of a provider who is an individual, any of	62393
the following:	62394

(i) The spouse of the provider;

62395

(ii) A parent or stepparent of the provider or provider's	62396
spouse;	62397

(iii) A child of the provider or provider's spouse;

62398

(iv) A sibling, half sibling, or stepsibling of the provider	62399
or provider's spouse;	62400

(v) A grandparent of the provider or provider's spouse;

62401

(vi) A grandchild of the provider or provider's spouse;

62402

(vii) An employee or employer of the provider or provider's	62403
spouse.	62404

(b) In the case of a provider that is a person other than an	62405
individual, any of the following:	62406

(i) An employee of the person;

62407

(ii) An officer of the provider, including the chief	62408
executive officer, president, vice-president, secretary, and	62409
treasurer;	62410

(iii) A member of the provider's board of directors or	62411
trustees;	62412

(iv) A person owning a financial interest of five per cent or	62413
more in the provider;	62414

(v) A corporation that has a subsidiary relationship with the	62415
provider;	62416

(vi) A person or government entity that has control over the	62417
provider's day-to-day operation;	62418

(vii) A person over which the provider has control of the	62419
day-to-day operation.	62420

(c) In the case of a provider that is a government entity,	62421
any of the following:	62422

(i) An employee of the provider;

62423

(ii) An officer of the provider;

62424

(iii) A member of the provider's governing board;

62425

(iv) A government entity that has control over the provider's	62426
day-to-day operation;	62427

(v) A person or government entity over which the provider has	62428
control of the day-to-day operation.	62429

(B) No person or government entity may provide supported	62430
living without a valid supported living certificate issued by the	62431
director of developmental disabilities.	62432

(C) A county board of developmental disabilities may provide	62433
supported living only to the extent permitted by rules adopted	62434
under section ~~5123.169~~5123.1610 of the Revised Code.	62435

Sec. 5123.161. A person or government entity that seeks to	62436
provide supported living shall apply to the director of	62437
developmental disabilities for a supported living certificate.	62438

Except as provided in ~~section~~sections 5123.166 and 5123.169	62439
of the Revised Code, the director shall issue to the ~~applicant~~	62440
person or government entity a supported living certificate if the	62441
~~applicant~~person or government entity follows the application	62442
process established in rules adopted under section ~~5123.169~~	62443
5123.1610 of the Revised Code, meets the applicable certification	62444
standards established in those rules, and pays the certification	62445
fee established in those rules.	62446

Sec. 5123.162. The director of developmental disabilities	62447
may conduct surveys of persons and government entities that seek a	62448
supported living certificate to determine whether the persons and	62449
government entities meet the certification standards. The director	62450
may also conduct surveys of providers to determine whether the	62451
providers continue to meet the certification standards. The	62452
director shall conduct the surveys in accordance with rules	62453
adopted under section ~~5123.169~~5123.1610 of the Revised Code.	62454

The records of surveys conducted under this section are	62455
public records for the purpose of section 149.43 of the Revised	62456
Code and shall be made available on the request of any person or	62457
government entity.	62458

Sec. 5123.163. A supported living certificate is valid for a	62459
period of time established in rules adopted under section ~~5123.169~~	62460
5123.1610 of the Revised Code, unless any of the following occur	62461
before the end of that period of time:	62462

(A) The director of developmental disabilities issues an	62463
order requiring that action be taken against the certificate	62464
holder under section 5123.166 of the Revised Code.	62465

(B) The director issues an order terminating the certificate	62466
under section 5123.168 of the Revised Code.	62467

(C) The certificate holder voluntarily surrenders the	62468
certificate to the director.	62469

Sec. 5123.164. Except as provided in ~~section~~sections	62470
5123.166 and 5123.169 of the Revised Code, the director of	62471
developmental disabilities shall renew a supported living	62472
certificate if the certificate holder follows the renewal process	62473
established in rules adopted under section ~~5123.169~~5123.1610 of	62474
the Revised Code, continues to meet the applicable certification	62475
standards established in those rules, and pays the renewal fee	62476
established in those rules.	62477

Sec. 5123.166. (A) If good cause exists as specified in	62478
division (B) of this section and determined in accordance with	62479
procedures established in rules adopted under section ~~5123.169~~	62480
5123.1610 of the Revised Code, the director of developmental	62481
disabilities may issue an adjudication order requiring that one of	62482
the following actions be taken against a person or government	62483
entity seeking or holding a supported living certificate:	62484

(1) Refusal to issue or renew a supported living certificate;

62485

(2) Revocation of a supported living certificate;

62486

(3) Suspension of a supported living certificate holder's	62487
authority to do either or both of the following:	62488

(a) Continue to provide supported living to one or more	62489
individuals from one or more counties who receive supported living	62490
from the certificate holder at the time the director takes the	62491
action;	62492

(b) Begin to provide supported living to one or more	62493
individuals from one or more counties who do not receive supported	62494
living from the certificate holder at the time the director takes	62495
the action.	62496

(B) The following constitute good cause for taking action	62497
under division (A) of this section against a person or government	62498
entity seeking or holding a supported living certificate:	62499

(1) The person or government entity's failure to meet or	62500
continue to meet the applicable certification standards	62501
established in rules adopted under section ~~5123.169~~5123.1610 of	62502
the Revised Code;	62503

(2) The person or government entity violates section 5123.165	62504
of the Revised Code;	62505

(3) The person or government entity's failure to satisfy the	62506
requirements of section 5123.081 or 5123.52~~, 5126.28, or 5126.281~~	62507
of the Revised Code;	62508

(4) Misfeasance;

62509

(5) Malfeasance;

62510

(6) Nonfeasance;

62511

(7) Confirmed abuse or neglect;

62512

(8) Financial irresponsibility;

62513

(9) Other conduct the director determines is or would be	62514
injurious to individuals who receive or would receive supported	62515
living from the person or government entity.	62516

(C) Except as provided in division (D) of this section, the	62517
director shall issue an adjudication order under division (A) of	62518
this section in accordance with Chapter 119. of the Revised Code.	62519

(D)(1) The director may issue an order requiring that action	62520
specified in division (A)(3) of this section be taken before a	62521
provider is provided notice and an opportunity for a hearing if	62522
all of the following are the case:	62523

(a) The director determines such action is warranted by the	62524
provider's failure to continue to meet the applicable	62525
certification standards;	62526

(b) The director determines that the failure either	62527
represents a pattern of serious noncompliance or creates a	62528
substantial risk to the health or safety of an individual who	62529
receives or would receive supported living from the provider;	62530

(c) If the order will suspend the provider's authority to	62531
continue to provide supported living to an individual who receives	62532
supported living from the provider at the time the director issues	62533
the order, both of the following are the case:	62534

(i) The director makes the individual, or the individual's	62535
guardian, aware of the director's determination under division	62536
(D)(1)(b) of this section and the individual or guardian does not	62537
select another provider.	62538

(ii) A county board of developmental disabilities has filed a	62539
complaint with a probate court under section ~~5123.33~~5126.33 of	62540
the Revised Code that includes facts describing the nature of	62541
abuse or neglect that the individual has suffered due to the	62542
provider's actions that are the basis for the director making the	62543
determination under division (D)(1)(b) of this section and the	62544
probate court does not issue an order authorizing the county board	62545
to arrange services for the individual pursuant to an	62546
individualized service plan developed for the individual under	62547
section ~~5123.31~~5126.31 of the Revised Code.	62548

(2) If the director issues an order under division (D)(1) of	62549
this section, sections 119.091 to 119.13 of the Revised Code and	62550
all of the following apply:	62551

(a) The director shall send the provider notice of the order	62552
by registered mail, return receipt requested, not later than	62553
twenty-four hours after issuing the order and shall include in the	62554
notice the reasons for the order, the citation to the law or rule	62555
directly involved, and a statement that the provider will be	62556
afforded a hearing if the provider requests it within ten days of	62557
the time of receiving the notice.	62558

(b) If the provider requests a hearing within the required	62559
time and the provider has provided the director the provider's	62560
current address, the director shall immediately set, and notify	62561
the provider of, the date, time, and place for the hearing.	62562

(c) The date of the hearing shall be not later than thirty	62563
days after the director receives the provider's timely request for	62564
the hearing.	62565

(d) The hearing shall be conducted in accordance with section	62566
119.09 of the Revised Code, except for all of the following:	62567

(i) The hearing shall continue uninterrupted until its close,	62568
except for weekends, legal holidays, and other interruptions the	62569
provider and director agree to.	62570

(ii) If the director appoints a referee or examiner to	62571
conduct the hearing, the referee or examiner, not later than ten	62572
days after the date the referee or examiner receives a transcript	62573
of the testimony and evidence presented at the hearing or, if the	62574
referee or examiner does not receive the transcript or no such	62575
transcript is made, the date that the referee or examiner closes	62576
the record of the hearing, shall submit to the director a written	62577
report setting forth the referee or examiner's findings of fact	62578
and conclusions of law and a recommendation of the action the	62579
director should take.	62580

(iii) The provider may, not later than five days after the	62581
date the director, in accordance with section 119.09 of the	62582
Revised Code, sends the provider or the provider's attorney or	62583
other representative of record a copy of the referee or examiner's	62584
report and recommendation, file with the director written	62585
objections to the report and recommendation.	62586

(iv) The director shall approve, modify, or disapprove the	62587
referee or examiner's report and recommendation not earlier than	62588
six days, and not later than fifteen days, after the date the	62589
director, in accordance with section 119.09 of the Revised Code,	62590
sends a copy of the report and recommendation to the provider or	62591
the provider's attorney or other representative of record.	62592

(3) The director may lift an order issued under division	62593
(D)(1) of this section even though a hearing regarding the order	62594
is occurring or pending if the director determines that the	62595
provider has taken action eliminating the good cause for issuing	62596
the order. The hearing shall proceed unless the provider withdraws	62597
the request for the hearing in a written letter to the director.	62598

(4) The director shall lift an order issued under division	62599
(D)(1) of this section if both of the following are the case:	62600

(a) The provider provides the director a plan of compliance	62601
the director determines is acceptable.	62602

(b) The director determines that the provider has implemented	62603
the plan of compliance correctly.	62604

Sec. 5123.169. (A) The director of developmental	62605
disabilities shall not issue a supported living certificate to an	62606
applicant or renew an applicant's supported living certificate if	62607
either of the following applies:	62608

(1) The applicant fails to comply with division (C)(2) of	62609
this section;	62610

(2) Except as provided in rules adopted under section	62611
5123.1610 of the Revised Code, the applicant is found by a	62612
criminal records check required by this section to have been	62613
convicted of, pleaded guilty to, or been found eligible for	62614
intervention in lieu of conviction for a disqualifying offense.	62615

(B) Before issuing a supported living certificate to an	62616
applicant or renewing an applicant's supported living certificate,	62617
the director shall require the applicant to submit a statement	62618
with the applicant's signature attesting that the applicant has	62619
not been convicted of, pleaded guilty to, or been found eligible	62620
for intervention in lieu of conviction for a disqualifying	62621
offense. The director also shall require the applicant to sign an	62622
agreement under which the applicant agrees to notify the director	62623
within fourteen calendar days if, while holding a supported living	62624
certificate, the applicant is formally charged with, is convicted	62625
of, pleads guilty to, or is found eligible for intervention in	62626
lieu of conviction for a disqualifying offense. The agreement	62627
shall provide that the applicant's failure to provide the	62628
notification may result in action being taken by the director	62629
against the applicant under section 5123.166 of the Revised Code.	62630

(C)(1) As a condition of receiving a supported living	62631
certificate or having a supported living certificate renewed, an	62632
applicant shall request the superintendent of the bureau of	62633
criminal identification and investigation to conduct a criminal	62634
records check of the applicant. If an applicant does not present	62635
proof to the director that the applicant has been a resident of	62636
this state for the five-year period immediately prior to the date	62637
that the applicant applies for issuance or renewal of the	62638
supported living certificate, the director shall require the	62639
applicant to request that the superintendent obtain information	62640
from the federal bureau of investigation as a part of the criminal	62641
records check. If the applicant presents proof to the director	62642
that the applicant has been a resident of this state for that	62643
five-year period, the director may require the applicant to	62644
request that the superintendent include information from the	62645
federal bureau of investigation in the criminal records check. For	62646
purposes of this division, an applicant may provide proof of	62647
residency in this state by presenting, with a notarized statement	62648
asserting that the applicant has been a resident of this state for	62649
that five-year period, a valid driver's license, notification of	62650
registration as an elector, a copy of an officially filed federal	62651
or state tax form identifying the applicant's permanent residence,	62652
or any other document the director considers acceptable.	62653

(2) Each applicant shall do all of the following:

62654

(a) Obtain a copy of the form prescribed pursuant to division	62655
(C)(1) of section 109.572 of the Revised Code and a standard	62656
impression sheet prescribed pursuant to division (C)(2) of section	62657
109.572 of the Revised Code;	62658

(b) Complete the form and provide the applicant's fingerprint	62659
impressions on the standard impression sheet;	62660

(c) Forward the completed form and standard impression sheet	62661
to the superintendent at the time the criminal records check is	62662
requested;	62663

(d) Instruct the superintendent to submit the completed	62664
report of the criminal records check directly to the director;	62665

(e) Pay to the bureau of criminal identification and	62666
investigation the fee prescribed pursuant to division (C)(3) of	62667
section 109.572 of the Revised Code for each criminal records	62668
check of the applicant requested and conducted pursuant to this	62669
section.	62670

(D) The director may request any other state or federal	62671
agency to supply the director with a written report regarding the	62672
criminal record of an applicant. The director may consider the	62673
reports when determining whether to issue a supported living	62674
certificate to the applicant or to renew an applicant's supported	62675
living certificate.	62676

(E) An applicant who seeks to be an independent provider or	62677
is an independent provider seeking renewal of the applicant's	62678
supported living certificate shall obtain the applicant's driving	62679
record from the bureau of motor vehicles and provide a copy of the	62680
record to the director if the supported living that the applicant	62681
will provide involves transporting individuals with mental	62682
retardation or developmental disabilities. The director may	62683
consider the applicant's driving record when determining whether	62684
to issue the applicant a supported living certificate or to renew	62685
the applicant's supported living certificate.	62686

(F)(1) A report obtained pursuant to this section is not a	62687
public record for purposes of section 149.43 of the Revised Code	62688
and shall not be made available to any person, other than the	62689
following:	62690

(a) The applicant who is the subject of the report or the	62691
applicant's representative;	62692

(b) The director or the director's representative;

62693

(c) Any court, hearing officer, or other necessary individual	62694
involved in a case dealing with any of the following:	62695

(i) The denial of a supported living certificate or refusal	62696
to renew a supported living certificate;	62697

(ii) The denial, suspension, or revocation of a certificate	62698
under section 5123.45 of the Revised Code;	62699

(iii) A civil or criminal action regarding the medicaid	62700
program.	62701

(2) An applicant for whom the director has obtained reports	62702
under this section may submit a written request to the director to	62703
have copies of the reports sent to any person or state or local	62704
government entity. The applicant shall specify in the request the	62705
person or entities to which the copies are to be sent. On	62706
receiving the request, the director shall send copies of the	62707
reports to the persons or entities specified.	62708

(3) The director may request that a person or state or local	62709
government entity send copies to the director of any report	62710
regarding a records check or criminal records check that the	62711
person or entity possesses, if the director obtains the written	62712
consent of the individual who is the subject of the report.	62713

(4) The director shall provide each applicant with a copy of	62714
any report obtained about the applicant under this section.	62715

~~Sec. 5123.169.~~ Sec. 5123.1610. The director of developmental	62716
disabilities shall adopt rules under Chapter 119. of the Revised	62717
Code establishing all of the following:	62718

(A) The extent to which a county board of developmental	62719
disabilities may provide supported living;	62720

(B) The application process for obtaining a supported living	62721
certificate under section 5123.161 of the Revised Code;	62722

(C) The certification standards a person or government entity	62723
must meet to obtain a supported living certificate to provide	62724
supported living;	62725

(D) The certification fee for a supported living certificate,	62726
which shall be deposited into the program fee fund created under	62727
section 5123.033 of the Revised Code;	62728

(E) The period of time a supported living certificate is	62729
valid;	62730

(F) The process for renewing a supported living certificate	62731
under section 5123.164 of the Revised Code;	62732

(G) The renewal fee for a supported living certificate, which	62733
shall be deposited into the program fee fund created under section	62734
5123.033 of the Revised Code;	62735

(H) Procedures for conducting surveys under section 5123.162	62736
of the Revised Code;	62737

(I) Procedures for determining whether there is good cause to	62738
take action under section 5123.166 of the Revised Code against a	62739
person or government entity seeking or holding a supported living	62740
certificate;	62741

(J) Circumstances under which the director may issue a	62742
supported living certificate to an applicant or renew an	62743
applicant's supported living certificate if the applicant is found	62744
by a criminal records check required by section 5123.169 of the	62745
Revised Code to have been convicted of, pleaded guilty to, or been	62746
found eligible for intervention in lieu of conviction for a	62747
disqualifying offense but meets standards in regard to	62748
rehabilitation set by the director.	62749

Sec. 5123.171. As used in this section, "respite care" means	62750
appropriate, short-term, temporary care provided to a mentally	62751
retarded or developmentally disabled person to sustain the family	62752
structure or to meet planned or emergency needs of the family.	62753

The department of developmental disabilities shall provide	62754
respite care services to persons with mental retardation or a	62755
developmental disability for the purpose of promoting	62756
self-sufficiency and normalization, preventing or reducing	62757
inappropriate institutional care, and furthering the unity of the	62758
family by enabling the family to meet the special needs of a	62759
mentally retarded or developmentally disabled person.	62760

In order to be eligible for respite care services under this	62761
section, the mentally retarded or developmentally disabled person	62762
must be in need of habilitation services as defined in section	62763
5126.01 of the Revised Code.	62764

Respite care may be provided in a residential facility	62765
licensed under section 5123.19 of the Revised Code or(including a	62766
residential facility certified as an intermediate care facility	62767
for the mentally retarded under Title XIX of the "Social Security	62768
Act," 4979 Stat. ~~620~~344 (~~1935~~1965), 42 U.S.C. ~~301~~1396, et	62769
seq., as amended~~, or certified as~~) and a respite care home	62770
certified under section 5126.05 of the Revised Code.	62771

The department shall develop a system for locating vacant	62772
beds that are available for respite care and for making	62773
information on vacant beds available to users of respite care	62774
services. Facilities certified as intermediate care facilities for	62775
the mentally retarded shall report vacant beds to the department	62776
but shall not be required to accept respite care clients.	62777

The director of developmental disabilities shall adopt, and	62778
may amend or rescind, rules in accordance with Chapter 119. of the	62779
Revised Code for both of the following:	62780

(A) Certification by county boards of developmental	62781
disabilities of respite care homes;	62782

(B) Provision of respite care services authorized by this	62783
section. Rules adopted under this division shall establish all of	62784
the following:	62785

(1) A formula for distributing funds appropriated for respite	62786
care services;	62787

(2) Standards for supervision, training and quality control	62788
in the provision of respite care services;	62789

(3) Eligibility criteria for emergency respite care services.

62790

Sec. 5123.19. (A) As used in ~~this section and in~~ sections	62791
~~5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and~~5123.19 to	62792
5123.20 of the Revised Code:	62793

(1)~~(a) "Residential facility" means a home or facility in~~	62794
~~which a mentally retarded or developmentally disabled person~~	62795
~~resides, except the home of a relative or legal guardian in which~~	62796
~~a mentally retarded or developmentally disabled person resides, a~~	62797
~~respite care home certified under section 5126.05 of the Revised~~	62798
~~Code, a county home or district home operated pursuant to Chapter~~	62799
~~5155. of the Revised Code, or a dwelling in which the only~~	62800
~~mentally retarded or developmentally disabled residents are in an~~	62801
~~independent living arrangement or are being provided supported~~	62802
~~living.~~	62803

~~(b) "Intermediate care facility for the mentally retarded"~~	62804
~~means a residential facility that is considered an intermediate~~	62805
~~care facility for the mentally retarded for the purposes of~~	62806
~~Chapter 5111. of the Revised Code.~~	62807

~~(2) "Political subdivision" means a municipal corporation,~~	62808
~~county, or township.~~	62809

~~(3)~~ "Independent living arrangement" means an arrangement in	62810
which a mentally retarded or developmentally disabled person	62811
resides in an individualized setting chosen by the person or the	62812
person's guardian, which is not dedicated principally to the	62813
provision of residential services for mentally retarded or	62814
developmentally disabled persons, and for which no financial	62815
support is received for rendering such service from any	62816
governmental agency by a provider of residential services.	62817

~~(4)~~(2) "Intermediate care facility for the mentally retarded"	62818
has the same meaning as in section 1905(d) of the "Social Security	62819
Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.	62820

(3) "Licensee" means the person or government agency that has	62821
applied for a license to operate a residential facility and to	62822
which the license was issued under this section.	62823

(4) "Political subdivision" means a municipal corporation,	62824
county, or township.	62825

(5) "Related party" has the same meaning as in section	62826
5123.16 of the Revised Code except that "provider" as used in the	62827
definition of "related party" means a person or government entity	62828
that held or applied for a license to operate a residential	62829
facility, rather than a person or government entity certified to	62830
provide supported living.	62831

(6)(a) Except as provided in division (A)(6)(b) of this	62832
section, "residential facility" means a home or facility,	62833
including a facility certified as an intermediate care facility	62834
for the mentally retarded, in which an individual with mental	62835
retardation or a developmental disability resides.	62836

(b) "Residential facility" does not mean any of the	62837
following:	62838

(i) The home of a relative or legal guardian in which an	62839
individual with mental retardation or a developmental disability	62840
resides;	62841

(ii) A respite care home certified under section 5126.05 of	62842
the Revised Code;	62843

(iii) A county home or district home operated pursuant to	62844
Chapter 5155. of the Revised Code;	62845

(iv) A dwelling in which the only residents with mental	62846
retardation or developmental disabilities are in independent	62847
living arrangements or are being provided supported living.	62848

(B) Every person or government agency desiring to operate a	62849
residential facility shall apply for licensure of the facility to	62850
the director of developmental disabilities unless the residential	62851
facility is subject to section 3721.02, ~~5119.73,~~ 5103.03, or	62852
5119.20, or division (A)(9)(b) of section 5119.22 of the Revised	62853
Code. ~~Notwithstanding Chapter 3721. of the Revised Code, a nursing~~	62854
~~home that is certified as an intermediate care facility for the~~	62855
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	62856
~~Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for~~	62857
~~licensure of the portion of the home that is certified as an~~	62858
~~intermediate care facility for the mentally retarded.~~	62859

(C) Subject to section 5123.196 of the Revised Code, the	62860
director of developmental disabilities shall license the operation	62861
of residential facilities. An initial license shall be issued for	62862
a period that does not exceed one year, unless the director denies	62863
the license under division (D) of this section. A license shall be	62864
renewed for a period that does not exceed three years, unless the	62865
director refuses to renew the license under division (D) of this	62866
section. The director, when issuing or renewing a license, shall	62867
specify the period for which the license is being issued or	62868
renewed. A license remains valid for the length of the licensing	62869
period specified by the director, unless the license is	62870
terminated, revoked, or voluntarily surrendered.	62871

(D) If it is determined that an applicant or licensee is not	62872
in compliance with a provision of this chapter that applies to	62873
residential facilities or the rules adopted under such a	62874
provision, the director may deny issuance of a license, refuse to	62875
renew a license, terminate a license, revoke a license, issue an	62876
order for the suspension of admissions to a facility, issue an	62877
order for the placement of a monitor at a facility, issue an order	62878
for the immediate removal of residents, or take any other action	62879
the director considers necessary consistent with the director's	62880
authority under this chapter regarding residential facilities. In	62881
the director's selection and administration of the sanction to be	62882
imposed, all of the following apply:	62883

(1) The director may deny, refuse to renew, or revoke a	62884
license, if the director determines that the applicant or licensee	62885
has demonstrated a pattern of serious noncompliance or that a	62886
violation creates a substantial risk to the health and safety of	62887
residents of a residential facility.	62888

(2) The director may terminate a license if more than twelve	62889
consecutive months have elapsed since the residential facility was	62890
last occupied by a resident or a notice required by division (K)	62891
of this section is not given.	62892

(3) The director may issue an order for the suspension of	62893
admissions to a facility for any violation that may result in	62894
sanctions under division (D)(1) of this section and for any other	62895
violation specified in rules adopted under division (H)(2) of this	62896
section. If the suspension of admissions is imposed for a	62897
violation that may result in sanctions under division (D)(1) of	62898
this section, the director may impose the suspension before	62899
providing an opportunity for an adjudication under Chapter 119. of	62900
the Revised Code. The director shall lift an order for the	62901
suspension of admissions when the director determines that the	62902
violation that formed the basis for the order has been corrected.	62903

(4) The director may order the placement of a monitor at a	62904
residential facility for any violation specified in rules adopted	62905
under division (H)(2) of this section. The director shall lift the	62906
order when the director determines that the violation that formed	62907
the basis for the order has been corrected.	62908

(5) If the director determines that two or more residential	62909
facilities owned or operated by the same person or government	62910
entity are not being operated in compliance with a provision of	62911
this chapter that applies to residential facilities or the rules	62912
adopted under such a provision, and the director's findings are	62913
based on the same or a substantially similar action, practice,	62914
circumstance, or incident that creates a substantial risk to the	62915
health and safety of the residents, the director shall conduct a	62916
survey as soon as practicable at each residential facility owned	62917
or operated by that person or government entity. The director may	62918
take any action authorized by this section with respect to any	62919
facility found to be operating in violation of a provision of this	62920
chapter that applies to residential facilities or the rules	62921
adopted under such a provision.	62922

(6) When the director initiates license revocation	62923
proceedings, no opportunity for submitting a plan of correction	62924
shall be given. The director shall notify the licensee by letter	62925
of the initiation of the proceedings. The letter shall list the	62926
deficiencies of the residential facility and inform the licensee	62927
that no plan of correction will be accepted. The director shall	62928
also send a copy of the letter to the county board of	62929
developmental disabilities. The county board shall send a copy of	62930
the letter to each of the following:	62931

(a) Each resident who receives services from the licensee;

62932

(b) The guardian of each resident who receives services from	62933
the licensee if the resident has a guardian;	62934

(c) The parent or guardian of each resident who receives	62935
services from the licensee if the resident is a minor.	62936

(7) Pursuant to rules which shall be adopted in accordance	62937
with Chapter 119. of the Revised Code, the director may order the	62938
immediate removal of residents from a residential facility	62939
whenever conditions at the facility present an immediate danger of	62940
physical or psychological harm to the residents.	62941

(8) In determining whether a residential facility is being	62942
operated in compliance with a provision of this chapter that	62943
applies to residential facilities or the rules adopted under such	62944
a provision, or whether conditions at a residential facility	62945
present an immediate danger of physical or psychological harm to	62946
the residents, the director may rely on information obtained by a	62947
county board of developmental disabilities or other governmental	62948
agencies.	62949

(9) In proceedings initiated to deny, refuse to renew, or	62950
revoke licenses, the director may deny, refuse to renew, or revoke	62951
a license regardless of whether some or all of the deficiencies	62952
that prompted the proceedings have been corrected at the time of	62953
the hearing.	62954

(E) The director shall establish a program under which public	62955
notification may be made when the director has initiated license	62956
revocation proceedings or has issued an order for the suspension	62957
of admissions, placement of a monitor, or removal of residents.	62958
The director shall adopt rules in accordance with Chapter 119. of	62959
the Revised Code to implement this division. The rules shall	62960
establish the procedures by which the public notification will be	62961
made and specify the circumstances for which the notification must	62962
be made. The rules shall require that public notification be made	62963
if the director has taken action against the facility in the	62964
eighteen-month period immediately preceding the director's latest	62965
action against the facility and the latest action is being taken	62966
for the same or a substantially similar violation of a provision	62967
of this chapter that applies to residential facilities or the	62968
rules adopted under such a provision. The rules shall specify a	62969
method for removing or amending the public notification if the	62970
director's action is found to have been unjustified or the	62971
violation at the residential facility has been corrected.	62972

(F)(1) Except as provided in division (F)(2) of this section,	62973
appeals from proceedings initiated to impose a sanction under	62974
division (D) of this section shall be conducted in accordance with	62975
Chapter 119. of the Revised Code.	62976

(2) Appeals from proceedings initiated to order the	62977
suspension of admissions to a facility shall be conducted in	62978
accordance with Chapter 119. of the Revised Code, unless the order	62979
was issued before providing an opportunity for an adjudication, in	62980
which case all of the following apply:	62981

(a) The licensee may request a hearing not later than ten	62982
days after receiving the notice specified in section 119.07 of the	62983
Revised Code.	62984

(b) If a timely request for a hearing that includes the	62985
licensee's current address is made, the hearing shall commence not	62986
later than thirty days after the department receives the request.	62987

(c) After commencing, the hearing shall continue	62988
uninterrupted, except for Saturdays, Sundays, and legal holidays,	62989
unless other interruptions are agreed to by the licensee and the	62990
director.	62991

(d) If the hearing is conducted by a hearing examiner, the	62992
hearing examiner shall file a report and recommendations not later	62993
than ten days after the last of the following:	62994

(i) The close of the hearing;

62995

(ii) If a transcript of the proceedings is ordered, the	62996
hearing examiner receives the transcript;	62997

(iii) If post-hearing briefs are timely filed, the hearing	62998
examiner receives the briefs.	62999

(e) A copy of the written report and recommendation of the	63000
hearing examiner shall be sent, by certified mail, to the licensee	63001
and the licensee's attorney, if applicable, not later than five	63002
days after the report is filed.	63003

(f) Not later than five days after the hearing examiner files	63004
the report and recommendations, the licensee may file objections	63005
to the report and recommendations.	63006

(g) Not later than fifteen days after the hearing examiner	63007
files the report and recommendations, the director shall issue an	63008
order approving, modifying, or disapproving the report and	63009
recommendations.	63010

(h) Notwithstanding the pendency of the hearing, the director	63011
shall lift the order for the suspension of admissions when the	63012
director determines that the violation that formed the basis for	63013
the order has been corrected.	63014

(G) Neither a person or government agency whose application	63015
for a license to operate a residential facility is denied nor a	63016
related party of the person or government agency may apply for a	63017
license to operate a residential facility before the date that is	63018
one year after the date of the denial. Neither a licensee whose	63019
residential facility license is revoked nor a related party of the	63020
licensee may apply for a residential facility license before the	63021
date that is five years after the date of the revocation.	63022

(H) In accordance with Chapter 119. of the Revised Code, the	63023
director shall adopt and may amend and rescind rules for licensing	63024
and regulating the operation of residential facilities~~, including~~	63025
~~intermediate care facilities for the mentally retarded~~. The rules	63026
for residential facilities that are intermediate care facilities	63027
for the mentally retarded may differ from those for other	63028
residential facilities. The rules shall establish and specify the	63029
following:	63030

(1) Procedures and criteria for issuing and renewing	63031
licenses, including procedures and criteria for determining the	63032
length of the licensing period that the director must specify for	63033
each license when it is issued or renewed;	63034

(2) Procedures and criteria for denying, refusing to renew,	63035
terminating, and revoking licenses and for ordering the suspension	63036
of admissions to a facility, placement of a monitor at a facility,	63037
and the immediate removal of residents from a facility;	63038

(3) Fees for issuing and renewing licenses, which shall be	63039
deposited into the program fee fund created under section 5123.033	63040
of the Revised Code;	63041

(4) Procedures for surveying residential facilities;

63042

(5) Requirements for the training of residential facility	63043
personnel;	63044

(6) Classifications for the various types of residential	63045
facilities;	63046

(7) Certification procedures for licensees and management	63047
contractors that the director determines are necessary to ensure	63048
that they have the skills and qualifications to properly operate	63049
or manage residential facilities;	63050

(8) The maximum number of persons who may be served in a	63051
particular type of residential facility;	63052

(9) Uniform procedures for admission of persons to and	63053
transfers and discharges of persons from residential facilities;	63054

(10) Other standards for the operation of residential	63055
facilities and the services provided at residential facilities;	63056

(11) Procedures for waiving any provision of any rule adopted	63057
under this section.	63058

(I) Before issuing a license, the director of the department	63059
or the director's designee shall conduct a survey of the	63060
residential facility for which application is made. The director	63061
or the director's designee shall conduct a survey of each licensed	63062
residential facility at least once during the period the license	63063
is valid and may conduct additional inspections as needed. A	63064
survey includes but is not limited to an on-site examination and	63065
evaluation of the residential facility, its personnel, and the	63066
services provided there.	63067

In conducting surveys, the director or the director's	63068
designee shall be given access to the residential facility; all	63069
records, accounts, and any other documents related to the	63070
operation of the facility; the licensee; the residents of the	63071
facility; and all persons acting on behalf of, under the control	63072
of, or in connection with the licensee. The licensee and all	63073
persons on behalf of, under the control of, or in connection with	63074
the licensee shall cooperate with the director or the director's	63075
designee in conducting the survey.	63076

Following each survey, unless the director initiates a	63077
license revocation proceeding, the director or the director's	63078
designee shall provide the licensee with a report listing any	63079
deficiencies, specifying a timetable within which the licensee	63080
shall submit a plan of correction describing how the deficiencies	63081
will be corrected, and, when appropriate, specifying a timetable	63082
within which the licensee must correct the deficiencies. After a	63083
plan of correction is submitted, the director or the director's	63084
designee shall approve or disapprove the plan. A copy of the	63085
report and any approved plan of correction shall be provided to	63086
any person who requests it.	63087

The director shall initiate disciplinary action against any	63088
department employee who notifies or causes the notification to any	63089
unauthorized person of an unannounced survey of a residential	63090
facility by an authorized representative of the department.	63091

(J) In addition to any other information which may be	63092
required of applicants for a license pursuant to this section, the	63093
director shall require each applicant to provide a copy of an	63094
approved plan for a proposed residential facility pursuant to	63095
section 5123.042 of the Revised Code. This division does not apply	63096
to renewal of a license or to an applicant for an initial or	63097
modified license who meets the requirements of section ~~5123.193 or~~	63098
5123.197 of the Revised Code.	63099

(K) A licensee shall notify the owner of the building in	63100
which the licensee's residential facility is located of any	63101
significant change in the identity of the licensee or management	63102
contractor before the effective date of the change if the licensee	63103
is not the owner of the building.	63104

Pursuant to rules which shall be adopted in accordance with	63105
Chapter 119. of the Revised Code, the director may require	63106
notification to the department of any significant change in the	63107
ownership of a residential facility or in the identity of the	63108
licensee or management contractor. If the director determines that	63109
a significant change of ownership is proposed, the director shall	63110
consider the proposed change to be an application for development	63111
by a new operator pursuant to section 5123.042 of the Revised Code	63112
and shall advise the applicant within sixty days of the	63113
notification that the current license shall continue in effect or	63114
a new license will be required pursuant to this section. If the	63115
director requires a new license, the director shall permit the	63116
facility to continue to operate under the current license until	63117
the new license is issued, unless the current license is revoked,	63118
refused to be renewed, or terminated in accordance with Chapter	63119
119. of the Revised Code.	63120

(L) A county board of developmental disabilities, the legal	63121
rights service, and any interested person may file complaints	63122
alleging violations of statute or department rule relating to	63123
residential facilities with the department. All complaints shall	63124
be in writing and shall state the facts constituting the basis of	63125
the allegation. The department shall not reveal the source of any	63126
complaint unless the complainant agrees in writing to waive the	63127
right to confidentiality or until so ordered by a court of	63128
competent jurisdiction.	63129

The department shall adopt rules in accordance with Chapter	63130
119. of the Revised Code establishing procedures for the receipt,	63131
referral, investigation, and disposition of complaints filed with	63132
the department under this division.	63133

(M) The department shall establish procedures for the	63134
notification of interested parties of the transfer or interim care	63135
of residents from residential facilities that are closing or are	63136
losing their license.	63137

(N) Before issuing a license under this section to a	63138
residential facility that will accommodate at any time more than	63139
one mentally retarded or developmentally disabled individual, the	63140
director shall, by first class mail, notify the following:	63141

(1) If the facility will be located in a municipal	63142
corporation, the clerk of the legislative authority of the	63143
municipal corporation;	63144

(2) If the facility will be located in unincorporated	63145
territory, the clerk of the appropriate board of county	63146
commissioners and the fiscal officer of the appropriate board of	63147
township trustees.	63148

The director shall not issue the license for ten days after	63149
mailing the notice, excluding Saturdays, Sundays, and legal	63150
holidays, in order to give the notified local officials time in	63151
which to comment on the proposed issuance.	63152

Any legislative authority of a municipal corporation, board	63153
of county commissioners, or board of township trustees that	63154
receives notice under this division of the proposed issuance of a	63155
license for a residential facility may comment on it in writing to	63156
the director within ten days after the director mailed the notice,	63157
excluding Saturdays, Sundays, and legal holidays. If the director	63158
receives written comments from any notified officials within the	63159
specified time, the director shall make written findings	63160
concerning the comments and the director's decision on the	63161
issuance of the license. If the director does not receive written	63162
comments from any notified local officials within the specified	63163
time, the director shall continue the process for issuance of the	63164
license.	63165

(O) Any person may operate a licensed residential facility	63166
that provides room and board, personal care, habilitation	63167
services, and supervision in a family setting for at least six but	63168
not more than eight persons with mental retardation or a	63169
developmental disability as a permitted use in any residential	63170
district or zone, including any single-family residential district	63171
or zone, of any political subdivision. These residential	63172
facilities may be required to comply with area, height, yard, and	63173
architectural compatibility requirements that are uniformly	63174
imposed upon all single-family residences within the district or	63175
zone.	63176

(P) Any person may operate a licensed residential facility	63177
that provides room and board, personal care, habilitation	63178
services, and supervision in a family setting for at least nine	63179
but not more than sixteen persons with mental retardation or a	63180
developmental disability as a permitted use in any multiple-family	63181
residential district or zone of any political subdivision, except	63182
that a political subdivision that has enacted a zoning ordinance	63183
or resolution establishing planned unit development districts may	63184
exclude these residential facilities from those districts, and a	63185
political subdivision that has enacted a zoning ordinance or	63186
resolution may regulate these residential facilities in	63187
multiple-family residential districts or zones as a conditionally	63188
permitted use or special exception, in either case, under	63189
reasonable and specific standards and conditions set out in the	63190
zoning ordinance or resolution to:	63191

(1) Require the architectural design and site layout of the	63192
residential facility and the location, nature, and height of any	63193
walls, screens, and fences to be compatible with adjoining land	63194
uses and the residential character of the neighborhood;	63195

(2) Require compliance with yard, parking, and sign	63196
regulation;	63197

(3) Limit excessive concentration of these residential	63198
facilities.	63199

(Q) This section does not prohibit a political subdivision	63200
from applying to residential facilities nondiscriminatory	63201
regulations requiring compliance with health, fire, and safety	63202
regulations and building standards and regulations.	63203

(R) Divisions (O) and (P) of this section are not applicable	63204
to municipal corporations that had in effect on June 15, 1977, an	63205
ordinance specifically permitting in residential zones licensed	63206
residential facilities by means of permitted uses, conditional	63207
uses, or special exception, so long as such ordinance remains in	63208
effect without any substantive modification.	63209

(S)(1) The director may issue an interim license to operate a	63210
residential facility to an applicant for a license under this	63211
section if either of the following is the case:	63212

(a) The director determines that an emergency exists	63213
requiring immediate placement of persons in a residential	63214
facility, that insufficient licensed beds are available, and that	63215
the residential facility is likely to receive a permanent license	63216
under this section within thirty days after issuance of the	63217
interim license.	63218

(b) The director determines that the issuance of an interim	63219
license is necessary to meet a temporary need for a residential	63220
facility.	63221

(2) To be eligible to receive an interim license, an	63222
applicant must meet the same criteria that must be met to receive	63223
a permanent license under this section, except for any differing	63224
procedures and time frames that may apply to issuance of a	63225
permanent license.	63226

(3) An interim license shall be valid for thirty days and may	63227
be renewed by the director for a period not to exceed one hundred	63228
fifty days.	63229

(4) The director shall adopt rules in accordance with Chapter	63230
119. of the Revised Code as the director considers necessary to	63231
administer the issuance of interim licenses.	63232

(T) Notwithstanding rules adopted pursuant to this section	63233
establishing the maximum number of persons who may be served in a	63234
particular type of residential facility, a residential facility	63235
shall be permitted to serve the same number of persons being	63236
served by the facility on the effective date of the rules or the	63237
number of persons for which the facility is authorized pursuant to	63238
a current application for a certificate of need with a letter of	63239
support from the department of developmental disabilities and	63240
which is in the review process prior to April 4, 1986.	63241

(U) The director or the director's designee may enter at any	63242
time, for purposes of investigation, any home, facility, or other	63243
structure that has been reported to the director or that the	63244
director has reasonable cause to believe is being operated as a	63245
residential facility without a license issued under this section.	63246

The director may petition the court of common pleas of the	63247
county in which an unlicensed residential facility is located for	63248
an order enjoining the person or governmental agency operating the	63249
facility from continuing to operate without a license. The court	63250
may grant the injunction on a showing that the person or	63251
governmental agency named in the petition is operating a	63252
residential facility without a license. The court may grant the	63253
injunction, regardless of whether the residential facility meets	63254
the requirements for receiving a license under this section.	63255

Sec. 5123.192. (A) A person or government agency operating,	63256
on the effective date of this section, an intermediate care	63257
facility for the mentally retarded pursuant to a nursing home	63258
license issued under Chapter 3721. of the Revised Code shall do	63259
both of the following as a condition of continuing to operate the	63260
facility on and after July 1, 2013:	63261

(1) Not later than February 1, 2013, apply to the director of	63262
developmental disabilities for a residential facility license	63263
under section 5123.19 of the Revised Code for the facility;	63264

(2) Not later than July 1, 2013, obtain the residential	63265
facility license for the facility.	63266

(B) The nursing home license of an intermediate care facility	63267
for the mentally retarded shall cease to be valid at the earliest	63268
of the following:	63269

(1) The date that the facility's nursing home license is	63270
revoked or voided under section 3721.07 of the Revised Code;	63271

(2) The date that a residential facility license is obtained	63272
for the facility under section 5123.19 of the Revised Code;	63273

(3) July 1, 2013.

63274

(C) No bed that is part of an intermediate care facility for	63275
the mentally retarded that is licensed as a nursing home on the	63276
effective date of this section may be used as part of a nursing	63277
home on and after the earlier of the following:	63278

(1) The date that a residential facility license is obtained	63279
for the facility under section 5123.19 of the Revised Code;	63280

(2) July 1, 2013.

63281

Sec. 5123.31. (A) The department of developmental	63282
disabilities shall keep ~~in its office, accessible only to its~~	63283
~~employees, except by the consent of the department or the order of~~	63284
~~the judge of a court of record,~~ a record showing the name,	63285
residence, sex, age, nativity, occupation, condition, and date of	63286
entrance or commitment of every resident in the institutions	63287
governed by it, the date, cause, and terms of discharge and the	63288
condition of such person at the time of leaving, and also a record	63289
of all transfers from one institution to another, and, if such	63290
person dies while in the care or custody of the department, the	63291
date and cause of death. These and such other facts as the	63292
department requires shall be furnished by the managing officer of	63293
each institution within ten days after the commitment, entrance,	63294
death, or discharge of a resident.	63295

Except as provided in division (C) of this section, the	63296
department shall maintain the records described in this division	63297
in its office. The department shall make the records accessible	63298
only to its employees, except by the consent of the department or	63299
the order of the judge of a court of record.	63300

(B) In case of an accident or injury or peculiar death of a	63301
an institution resident the managing officer shall make a special	63302
report to the department within twenty-four hours thereafter,	63303
giving the circumstances as fully as possible.	63304

(C) After a period of time determined by the department, the	63305
records described in division (A) of this section may be deposited	63306
with the Ohio historical society. Neither the records nor the	63307
information contained in them shall be disclosed by the historical	63308
society, except as provided in section 5123.89 of the Revised	63309
Code.	63310

Sec. 5123.38. (A) Except as provided in division (B) ~~and (C)~~	63311
of this section, if an individual receiving supported living or	63312
home and community-based services funded by a county board of	63313
developmental disabilities is committed to a state-operated	63314
intermediate care facility for the mentally retarded pursuant to	63315
sections 5123.71 to 5123.76 of the Revised Code, ~~the department of~~	63316
~~developmental disabilities shall use the funds otherwise allocated~~	63317
to the county board asis responsible for the nonfederal share of	63318
medicaid expenditures for the individual's care in the	63319
state-operated facility. The department of developmental	63320
disabilities shall collect the amount of the nonfederal share from	63321
the county board by either withholding that amount from funds the	63322
department has otherwise allocated to the county board or	63323
submitting an invoice for payment of that amount to the county	63324
board.	63325

(B) Division (A) of this section does not apply ~~if the~~under	63326
any of the following circumstances:	63327

(1) The county board, not later than ninety days after the	63328
date of the commitment of a person receiving supported ~~services~~	63329
living, commences funding of supported living for an individual	63330
who resides in a state-operated intermediate care facility for the	63331
mentally retarded on the date of the commitment or another	63332
eligible individual designated by the department.	63333

~~(C) Division (A) of this section does not apply if the~~(2)	63334
The county board, not later than ninety days after the date of the	63335
commitment of a person receiving home and community-based	63336
services, commences funding of home and community-based services	63337
for an individual who resides in a state-operated intermediate	63338
care facility for the mentally retarded on the date of the	63339
commitment or another eligible individual designated by the	63340
department.	63341

(3) The director of developmental disabilities, after	63342
determining that circumstances warrant granting a waiver in an	63343
individual's case, grants the county board a waiver that exempts	63344
the county board from responsibility for the nonfederal share for	63345
that case.	63346

Sec. 5123.41. As used in this section and sections 5123.42	63347
to 5123.47 of the Revised Code:	63348

(A) "Adult services" has the same meaning as in section	63349
5126.01 of the Revised Code.	63350

(B) "Certified supported living provider" means a person or	63351
government entity certified under section 5123.161 of the Revised	63352
Code.	63353

(C) "Drug" has the same meaning as in section 4729.01 of the	63354
Revised Code.	63355

(D) "Family support services" has the same meaning as in	63356
section 5126.01 of the Revised Code.	63357

(E) "Health-related activities" means the following:

63358

(1) Taking vital signs;

63359

(2) Application of clean dressings that do not require health	63360
assessment;	63361

(3) Basic measurement of bodily intake and output;

63362

(4) Oral suctioning;

63363

(5) Use of glucometers;

63364

(6) External urinary catheter care;

63365

(7) Emptying and replacing colostomy bags;

63366

(8) Collection of specimens by noninvasive means.

63367

(F) "Licensed health professional authorized to prescribe	63368
drugs" has the same meaning as in section 4729.01 of the Revised	63369
Code.	63370

(G) "MR/DD personnel" means the employees and the workers	63371
under contract who provide specialized services to individuals	63372
with mental retardation and developmental disabilities. "MR/DD	63373
personnel" includes those who provide the services as follows:	63374

(1) Through direct employment with the department of	63375
developmental disabilities or a county board of developmental	63376
disabilities;	63377

(2) Through an entity under contract with the department of	63378
developmental disabilities or a county board of developmental	63379
disabilities;	63380

(3) Through direct employment or by being under contract with	63381
private entities, including private entities that operate	63382
residential facilities.	63383

(H) "Nursing delegation" means the process established in	63384
rules adopted by the board of nursing pursuant to Chapter 4723. of	63385
the Revised Code under which a registered nurse or licensed	63386
practical nurse acting at the direction of a registered nurse	63387
transfers the performance of a particular nursing activity or task	63388
to another person who is not otherwise authorized to perform the	63389
activity or task.	63390

(I) "Prescribed medication" means a drug that is to be	63391
administered according to the instructions of a licensed health	63392
professional authorized to prescribe drugs.	63393

(J) "Residential facility" means a facility licensed under	63394
section 5123.19 of the Revised Code ~~or subject to section 5123.192~~	63395
~~of the Revised Code~~.	63396

(K) "Specialized services" has the same meaning as in section	63397
5123.50 of the Revised Code.	63398

(L) "Tube feeding" means the provision of nutrition to an	63399
individual through a gastrostomy tube or a jejunostomy tube.	63400

Sec. 5123.50. As used in ~~this section and~~ sections ~~5123.51,~~	63401
~~5123.52, and 5123.541~~5123.50 to 5123.542 of the Revised Code:	63402

(A) "Abuse" means all of the following:

63403

(1) The use of physical force that can reasonably be expected	63404
to result in physical harm or serious physical harm;	63405

(2) Sexual abuse;

63406

(3) Verbal abuse.

63407

(B) "Misappropriation" means depriving, defrauding, or	63408
otherwise obtaining the real or personal property of an individual	63409
by any means prohibited by the Revised Code, including violations	63410
of Chapter 2911. or 2913. of the Revised Code.	63411

63412

(1) An employee of the department of developmental	63413
disabilities;	63414

(2) An employee of a county board of developmental	63415
disabilities;	63416

(3) An employee in a position that includes providing	63417
specialized services to an individual with mental retardation or	63418
another developmental disability;	63419

(4) An independent provider as defined in section 5123.16 of	63420
the Revised Code.	63421

(D) "Neglect" means, when there is a duty to do so, failing	63422
to provide an individual with any treatment, care, goods, or	63423
services that are necessary to maintain the health and safety of	63424
the individual.	63425

(E) "Offense of violence" has the same meaning as in section	63426
2901.01 of the Revised Code.	63427

(F) "Physical harm" and "serious physical harm" have the same	63428
meanings as in section 2901.01 of the Revised Code.	63429

~~(F)~~(G) "Prescribed medication" has the same meaning as in	63430
section 5123.41 of the Revised Code.	63431

(H) "Sexual abuse" means unlawful sexual conduct or sexual	63432
contact.	63433

~~(G)~~(I) "Specialized services" means any program or service	63434
designed and operated to serve primarily individuals with mental	63435
retardation or a developmental disability, including a program or	63436
service provided by an entity licensed or certified by the	63437
department of developmental disabilities. A program or service	63438
available to the general public is not a specialized service.	63439

~~(H)~~(J) "Verbal abuse" means purposely using words to	63440
threaten, coerce, intimidate, harass, or humiliate an individual.	63441

~~(I)~~(K) "Sexual conduct," "sexual contact," and "spouse" have	63442
the same meanings as in section 2907.01 of the Revised Code.	63443

Sec. 5123.51. (A) In addition to any other action required	63444
by sections 5123.61 and 5126.31 of the Revised Code, the	63445
department of developmental disabilities shall review each report	63446
the department receives of abuse or neglect of an individual with	63447
mental retardation or a developmental disability or	63448
misappropriation of an individual's property that includes an	63449
allegation that an MR/DD employee committed or was responsible for	63450
the abuse, neglect, or misappropriation. The department shall	63451
review a report it receives from a public children services agency	63452
only after the agency completes its investigation pursuant to	63453
section 2151.421 of the Revised Code. On receipt of a notice under	63454
section 2930.061 or 5123.541 of the Revised Code, the department	63455
shall review the notice.	63456

(B) The department shall do both of the following:

63457

(1) Investigate the allegation or adopt the findings of an	63458
investigation or review of the allegation conducted by another	63459
person or government entity and determine whether there is a	63460
reasonable basis for the allegation;	63461

(2) If the department determines that there is a reasonable	63462
basis for the allegation, conduct an adjudication pursuant to	63463
Chapter 119. of the Revised Code.	63464

(C)(1) The department shall appoint an independent hearing	63465
officer to conduct any hearing conducted pursuant to division	63466
(B)(2) of this section, except that, if the hearing is regarding	63467
an employee of the department who is represented by a union, the	63468
department and a representative of the union shall jointly select	63469
the hearing officer.	63470

(2)(a) Except as provided in division (C)(2)(b) of this	63471
section, no hearing shall be conducted under division (B)(2) of	63472
this section until any criminal proceeding or collective	63473
bargaining arbitration concerning the same allegation has	63474
concluded.	63475

(b) The department may conduct a hearing pursuant to division	63476
(B)(2) of this section before a criminal proceeding concerning the	63477
same allegation is concluded if both of the following are the	63478
case:	63479

(i) The department notifies the prosecutor responsible for	63480
the criminal proceeding that the department proposes to conduct a	63481
hearing.	63482

(ii) The prosecutor consents to the hearing.

63483

(3) In conducting a hearing pursuant to division (B)(2) of	63484
this section, the hearing officer shall do all of the following:	63485

(a) Determine whether there is clear and convincing evidence	63486
that the MR/DD employee has done any of the following:	63487

(i) Misappropriated property of one or more individuals with	63488
mental retardation or a developmental disability that has a value,	63489
either separately or taken together, of one hundred dollars or	63490
more;	63491

(ii) Misappropriated property of an individual with mental	63492
retardation or a developmental disability that is designed to be	63493
used as a check, draft, negotiable instrument, credit card, charge	63494
card, or device for initiating an electronic fund transfer at a	63495
point of sale terminal, automated teller machine, or cash	63496
dispensing machine;	63497

(iii) Misappropriated prescribed medication of an individual	63498
with mental retardation or a developmental disability;	63499

(iv) Knowingly abused such an individual;

63500

~~(iv)~~(v) Recklessly abused or neglected such an individual,	63501
with resulting physical harm;	63502

~~(v)~~(vi) Negligently abused or neglected such an individual,	63503
with resulting serious physical harm;	63504

~~(vi)~~(vii) Recklessly neglected such an individual, creating a	63505
substantial risk of serious physical harm;	63506

~~(vii)~~(viii) Engaged in sexual conduct or had sexual contact	63507
with an individual with mental retardation or another	63508
developmental disability who was not the MR/DD employee's spouse	63509
and for whom the MR/DD employee was employed or under a contract	63510
to provide care;	63511

~~(viii)~~(ix) Unreasonably failed to make a report pursuant to	63512
division (C) of section 5123.61 of the Revised Code when the	63513
employee knew or should have known that the failure would result	63514
in a substantial risk of harm to an individual with mental	63515
retardation or a developmental disability;	63516

(x) Been convicted of or entered a plea of guilty to any of	63517
the following if the victim of the offense is an individual with	63518
mental retardation or a developmental disability: an offense of	63519
violence, a violation of a section contained in Chapter 2907. or	63520
Chapter 2913. of the Revised Code, or a violation of section	63521
2903.16, 2903.34, 2903.341, or 2919.22 of the Revised Code.	63522

(b) Give weight to the decision in any collective bargaining	63523
arbitration regarding the same allegation;	63524

(c) Give weight to any relevant facts presented at the	63525
hearing.	63526

(D)(1) Unless the director of developmental disabilities	63527
determines that there are extenuating circumstances and except as	63528
provided in division (E) of this section, if the director, after	63529
considering all of the factors listed in division (C)(3) of this	63530
section, finds that there is clear and convincing evidence that an	63531
MR/DD employee has done one or more of the things described in	63532
division (C)(3)(a) of this section the director shall include the	63533
name of the employee in the registry established under section	63534
5123.52 of the Revised Code.	63535

(2) Extenuating circumstances the director must consider	63536
include the use of physical force by an MR/DD employee that was	63537
necessary as self-defense.	63538

(3) If the director includes an MR/DD employee in the	63539
registry established under section 5123.52 of the Revised Code,	63540
the director shall notify the employee, the person or government	63541
entity that employs or contracts with the employee, the individual	63542
with mental retardation or a developmental disability who was the	63543
subject of the report and that individual's legal guardian, if	63544
any, the attorney general, and the prosecuting attorney or other	63545
law enforcement agency. If the MR/DD employee holds a license,	63546
certificate, registration, or other authorization to engage in a	63547
profession issued pursuant to Title XLVII of the Revised Code, the	63548
director shall notify the appropriate agency, board, department,	63549
or other entity responsible for regulating the employee's	63550
professional practice.	63551

(4) If an individual whose name appears on the registry is	63552
involved in a court proceeding or arbitration arising from the	63553
same facts as the allegation resulting in the individual's	63554
placement on the registry, the disposition of the proceeding or	63555
arbitration shall be noted in the registry next to the	63556
individual's name.	63557

(E) In the case of an allegation concerning an employee of	63558
the department, after the hearing conducted pursuant to division	63559
(B)(2) of this section, the director of health or that director's	63560
designee shall review the decision of the hearing officer to	63561
determine whether the standard described in division (C)(3) of	63562
this section has been met. If the director or designee determines	63563
that the standard has been met and that no extenuating	63564
circumstances exist, the director or designee shall notify the	63565
director of developmental disabilities that the MR/DD employee is	63566
to be included in the registry established under section 5123.52	63567
of the Revised Code. If the director of developmental disabilities	63568
receives such notification, the director shall include the MR/DD	63569
employee in the registry and shall provide the notification	63570
described in division (D)(3) of this section.	63571

(F) If the department is required by Chapter 119. of the	63572
Revised Code to give notice of an opportunity for a hearing and	63573
the MR/DD employee subject to the notice does not timely request a	63574
hearing in accordance with section 119.07 or 5123.0414 of the	63575
Revised Code, the department is not required to hold a hearing.	63576

(G) Files and records of investigations conducted pursuant to	63577
this section are not public records as defined in section 149.43	63578
of the Revised Code, but, on request, the department shall provide	63579
copies of those files and records to the attorney general, a	63580
prosecuting attorney, or a law enforcement agency.	63581

Sec. 5123.542. (A) Each of the following shall annually	63582
provide a written notice to each of its MR/DD employees explaining	63583
the conduct for which an MR/DD employee may be included in the	63584
registry established under section 5123.52 of the Revised Code:	63585

(1) The department of developmental disabilities;

63586

(2) Each county board of developmental disabilities;

63587

(3) Each ~~contracting entity~~provider and subcontractor, as	63588
defined in section ~~5126.281~~5123.081 of the Revised Code;	63589

(4) Each owner, operator, or administrator of a residential	63590
facility, as defined in section 5123.19 of the Revised Code;	63591

(5) Each owner, operator, or administrator of a program	63592
certified by the department to provide supported living.	63593

(B) The department of developmental disabilities or a county	63594
board of developmental disabilities shall provide the notice	63595
required by division (A) of this section to an MR/DD employee who	63596
is an independent provider as defined in section 5123.16 of the	63597
Revised Code.	63598

(C) The notice described in division (A) of this section	63599
shall be in a form and provided in a manner prescribed by the	63600
department of developmental disabilities. The form shall be the	63601
same for all persons and entities required to provide notice under	63602
division (A) of this section.	63603

(C) The fact that an MR/DD employee does not receive the	63604
notice required by this section does not exempt the employee from	63605
inclusion in the registry established under section 5123.52 of the	63606
Revised Code.	63607

Sec. 5123.61. (A) As used in this section:

63608

(1) "Law enforcement agency" means the state highway patrol,	63609
the police department of a municipal corporation, or a county	63610
sheriff.	63611

(2) "Abuse" has the same meaning as in section 5123.50 of the	63612
Revised Code, except that it includes a misappropriation, as	63613
defined in that section.	63614

(3) "Neglect" has the same meaning as in section 5123.50 of	63615
the Revised Code.	63616

(B) The department of developmental disabilities shall	63617
establish a registry office for the purpose of maintaining reports	63618
of abuse, neglect, and other major unusual incidents made to the	63619
department under this section and reports received from county	63620
boards of developmental disabilities under section 5126.31 of the	63621
Revised Code. The department shall establish committees to review	63622
reports of abuse, neglect, and other major unusual incidents.	63623

(C)(1) Any person listed in division (C)(2) of this section,	63624
having reason to believe that a person with mental retardation or	63625
a developmental disability has suffered or faces a substantial	63626
risk of suffering any wound, injury, disability, or condition of	63627
such a nature as to reasonably indicate abuse or neglect of that	63628
person, shall immediately report or cause reports to be made of	63629
such information to the entity specified in this division. Except	63630
as provided in section 5120.173 of the Revised Code or as	63631
otherwise provided in this division, the person making the report	63632
shall make it to a law enforcement agency or to the county board	63633
of developmental disabilities. If the report concerns a resident	63634
of a facility operated by the department of developmental	63635
disabilities the report shall be made either to a law enforcement	63636
agency or to the department. If the report concerns any act or	63637
omission of an employee of a county board of developmental	63638
disabilities, the report immediately shall be made to the	63639
department and to the county board.	63640

(2) All of the following persons are required to make a	63641
report under division (C)(1) of this section:	63642

(a) Any physician, including a hospital intern or resident,	63643
any dentist, podiatrist, chiropractor, practitioner of a limited	63644
branch of medicine as specified in section 4731.15 of the Revised	63645
Code, hospital administrator or employee of a hospital, nurse	63646
licensed under Chapter 4723. of the Revised Code, employee of an	63647
ambulatory health facility as defined in section 5101.61 of the	63648
Revised Code, employee of a home health agency, employee of an	63649
~~adult care~~residential facility licensed under ~~Chapter 3722.~~	63650
section 5119.22 of the Revised Code that provides accommodations,	63651
supervision, and personal care services for three to sixteen	63652
unrelated adults, or employee of a community mental health	63653
facility;	63654

(b) Any school teacher or school authority, social worker,	63655
psychologist, attorney, peace officer, coroner, or residents'	63656
rights advocate as defined in section 3721.10 of the Revised Code;	63657

(c) A superintendent, board member, or employee of a county	63658
board of developmental disabilities; an administrator, board	63659
member, or employee of a residential facility licensed under	63660
section 5123.19 of the Revised Code; an administrator, board	63661
member, or employee of any other public or private provider of	63662
services to a person with mental retardation or a developmental	63663
disability, or any MR/DD employee, as defined in section 5123.50	63664
of the Revised Code;	63665

(d) A member of a citizen's advisory council established at	63666
an institution or branch institution of the department of	63667
developmental disabilities under section 5123.092 of the Revised	63668
Code;	63669

(e) A ~~clergyman~~member of the clergy who is employed in a	63670
position that includes providing specialized services to an	63671
individual with mental retardation or another developmental	63672
disability, while acting in an official or professional capacity	63673
in that position, or a person who is employed in a position that	63674
includes providing specialized services to an individual with	63675
mental retardation or another developmental disability and who,	63676
while acting in an official or professional capacity, renders	63677
spiritual treatment through prayer in accordance with the tenets	63678
of an organized religion.	63679

(3)(a) The reporting requirements of this division do not	63680
apply to members of the legal rights service commission or to	63681
employees of the legal rights service.	63682

(b) An attorney or physician is not required to make a report	63683
pursuant to division (C)(1) of this section concerning any	63684
communication the attorney or physician receives from a client or	63685
patient in an attorney-client or physician-patient relationship,	63686
if, in accordance with division (A) or (B) of section 2317.02 of	63687
the Revised Code, the attorney or physician could not testify with	63688
respect to that communication in a civil or criminal proceeding,	63689
except that the client or patient is deemed to have waived any	63690
testimonial privilege under division (A) or (B) of section 2317.02	63691
of the Revised Code with respect to that communication and the	63692
attorney or physician shall make a report pursuant to division	63693
(C)(1) of this section, if both of the following apply:	63694

(i) The client or patient, at the time of the communication,	63695
is a person with mental retardation or a developmental disability.	63696

(ii) The attorney or physician knows or suspects, as a result	63697
of the communication or any observations made during that	63698
communication, that the client or patient has suffered or faces a	63699
substantial risk of suffering any wound, injury, disability, or	63700
condition of a nature that reasonably indicates abuse or neglect	63701
of the client or patient.	63702

(4) Any person who fails to make a report required under	63703
division (C) of this section and who is an MR/DD employee, as	63704
defined in section 5123.50 of the Revised Code, shall be eligible	63705
to be included in the registry regarding misappropriation, abuse,	63706
neglect, or other specified misconduct by MR/DD employees	63707
established under section 5123.52 of the Revised Code.	63708

(D) The reports required under division (C) of this section	63709
shall be made forthwith by telephone or in person and shall be	63710
followed by a written report. The reports shall contain the	63711
following:	63712

(1) The names and addresses of the person with mental	63713
retardation or a developmental disability and the person's	63714
custodian, if known;	63715

(2) The age of the person with mental retardation or a	63716
developmental disability;	63717

(3) Any other information that would assist in the	63718
investigation of the report.	63719

(E) When a physician performing services as a member of the	63720
staff of a hospital or similar institution has reason to believe	63721
that a person with mental retardation or a developmental	63722
disability has suffered injury, abuse, or physical neglect, the	63723
physician shall notify the person in charge of the institution or	63724
that person's designated delegate, who shall make the necessary	63725
reports.	63726

(F) Any person having reasonable cause to believe that a	63727
person with mental retardation or a developmental disability has	63728
suffered or faces a substantial risk of suffering abuse or neglect	63729
may report or cause a report to be made of that belief to the	63730
entity specified in this division. Except as provided in section	63731
5120.173 of the Revised Code or as otherwise provided in this	63732
division, the person making the report shall make it to a law	63733
enforcement agency or the county board of developmental	63734
disabilities. If the person is a resident of a facility operated	63735
by the department of developmental disabilities, the report shall	63736
be made to a law enforcement agency or to the department. If the	63737
report concerns any act or omission of an employee of a county	63738
board of developmental disabilities, the report immediately shall	63739
be made to the department and to the county board.	63740

(G)(1) Upon the receipt of a report concerning the possible	63741
abuse or neglect of a person with mental retardation or a	63742
developmental disability, the law enforcement agency shall inform	63743
the county board of developmental disabilities or, if the person	63744
is a resident of a facility operated by the department of	63745
developmental disabilities, the director of the department or the	63746
director's designee.	63747

(2) On receipt of a report under this section that includes	63748
an allegation of action or inaction that may constitute a crime	63749
under federal law or the law of this state, the department of	63750
developmental disabilities shall notify the law enforcement	63751
agency.	63752

(3) When a county board of developmental disabilities	63753
receives a report under this section that includes an allegation	63754
of action or inaction that may constitute a crime under federal	63755
law or the law of this state, the superintendent of the board or	63756
an individual the superintendent designates under division (H) of	63757
this section shall notify the law enforcement agency. The	63758
superintendent or individual shall notify the department of	63759
developmental disabilities when it receives any report under this	63760
section.	63761

(4) When a county board of developmental disabilities	63762
receives a report under this section and believes that the degree	63763
of risk to the person is such that the report is an emergency, the	63764
superintendent of the board or an employee of the board the	63765
superintendent designates shall attempt a face-to-face contact	63766
with the person with mental retardation or a developmental	63767
disability who allegedly is the victim within one hour of the	63768
board's receipt of the report.	63769

(H) The superintendent of the board may designate an	63770
individual to be responsible for notifying the law enforcement	63771
agency and the department when the county board receives a report	63772
under this section.	63773

(I) An adult with mental retardation or a developmental	63774
disability about whom a report is made may be removed from the	63775
adult's place of residence only by law enforcement officers who	63776
consider that the adult's immediate removal is essential to	63777
protect the adult from further injury or abuse or in accordance	63778
with the order of a court made pursuant to section 5126.33 of the	63779
Revised Code.	63780

(J) A law enforcement agency shall investigate each report of	63781
abuse or neglect it receives under this section. In addition, the	63782
department, in cooperation with law enforcement officials, shall	63783
investigate each report regarding a resident of a facility	63784
operated by the department to determine the circumstances	63785
surrounding the injury, the cause of the injury, and the person	63786
responsible. The investigation shall be in accordance with the	63787
memorandum of understanding prepared under section 5126.058 of the	63788
Revised Code. The department shall determine, with the registry	63789
office which shall be maintained by the department, whether prior	63790
reports have been made concerning an adult with mental retardation	63791
or a developmental disability or other principals in the case. If	63792
the department finds that the report involves action or inaction	63793
that may constitute a crime under federal law or the law of this	63794
state, it shall submit a report of its investigation, in writing,	63795
to the law enforcement agency. If the person with mental	63796
retardation or a developmental disability is an adult, with the	63797
consent of the adult, the department shall provide such protective	63798
services as are necessary to protect the adult. The law	63799
enforcement agency shall make a written report of its findings to	63800
the department.	63801

If the person is an adult and is not a resident of a facility	63802
operated by the department, the county board of developmental	63803
disabilities shall review the report of abuse or neglect in	63804
accordance with sections 5126.30 to 5126.33 of the Revised Code	63805
and the law enforcement agency shall make the written report of	63806
its findings to the county board.	63807

(K) Any person or any hospital, institution, school, health	63808
department, or agency participating in the making of reports	63809
pursuant to this section, any person participating as a witness in	63810
an administrative or judicial proceeding resulting from the	63811
reports, or any person or governmental entity that discharges	63812
responsibilities under sections 5126.31 to 5126.33 of the Revised	63813
Code shall be immune from any civil or criminal liability that	63814
might otherwise be incurred or imposed as a result of such actions	63815
except liability for perjury, unless the person or governmental	63816
entity has acted in bad faith or with malicious purpose.	63817

(L) No employer or any person with the authority to do so	63818
shall discharge, demote, transfer, prepare a negative work	63819
performance evaluation, reduce pay or benefits, terminate work	63820
privileges, or take any other action detrimental to an employee or	63821
retaliate against an employee as a result of the employee's having	63822
made a report under this section. This division does not preclude	63823
an employer or person with authority from taking action with	63824
regard to an employee who has made a report under this section if	63825
there is another reasonable basis for the action.	63826

(M) Reports made under this section are not public records as	63827
defined in section 149.43 of the Revised Code. Information	63828
contained in the reports on request shall be made available to the	63829
person who is the subject of the report, to the person's legal	63830
counsel, and to agencies authorized to receive information in the	63831
report by the department or by a county board of developmental	63832
disabilities.	63833

(N) Notwithstanding section 4731.22 of the Revised Code, the	63834
physician-patient privilege shall not be a ground for excluding	63835
evidence regarding the injuries or physical neglect of a person	63836
with mental retardation or a developmental disability or the cause	63837
thereof in any judicial proceeding resulting from a report	63838
submitted pursuant to this section.	63839

Sec. 5123.89. (A) All certificates, applications, records,	63840
and reports made for the purpose of this chapter, other than court	63841
journal entries or court docket entries, which directly or	63842
indirectly identify a resident or former resident of an	63843
institution for the mentally retarded or person whose	63844
institutionalization has been sought under this chapter shall be	63845
kept confidential and shall not be disclosed by any person except	63846
in the following situations:	63847

(1) It is the judgment of the court for judicial records, and	63848
the managing officer for institution records, that disclosure is	63849
in the best interest of the person identified, and that person or	63850
that person's guardian or, if that person is a minor, that	63851
person's parent or guardian consents.	63852

(2) Disclosure is provided for in other sections of this	63853
chapter.	63854

(3) It is the judgment of the managing officer for	63855
institution records that disclosure to a mental health facility is	63856
in the best interest of the person identified.	63857

(4) Disclosure is of a record deposited with the Ohio	63858
historical society pursuant to division (C) of section 5123.31 of	63859
the Revised Code and the disclosure is made to the closest living	63860
relative of the person identified, on the relative's request.	63861

(B) The department of developmental disabilities shall adopt	63862
rules with respect to the systematic and periodic destruction of	63863
residents' records.	63864

(C)(1) As used in this division, "family" means a parent,	63865
brother, sister, spouse, son, daughter, grandparent, aunt, uncle,	63866
or cousin.	63867

(2) Upon the death of a resident or former resident of an	63868
institution for the mentally retarded or a person whose	63869
institutionalization was sought under this chapter, the managing	63870
officer of an institution shall provide access to the	63871
certificates, applications, records, and reports made for the	63872
purposes of this chapter to the resident's, former resident's, or	63873
person's guardian if the guardian makes a written request. If a	63874
deceased resident, former resident, or person whose	63875
institutionalization was sought under this chapter did not have a	63876
guardian at the time of death, the managing officer shall provide	63877
access to the certificates, applications, records, and reports	63878
made for purposes of this chapter to a member of the person's	63879
family, upon that family member's written request.	63880

(D) No person shall reveal the contents of a record of a	63881
resident except as authorized by this chapter.	63882

Sec. 5126.023. ~~(A)~~ None of the following individuals may	63883
serve as a member of a county board of developmental disabilities:	63884

~~(1)~~(A) An elected public official, except for a township	63885
trustee, township fiscal officer, or individual excluded from the	63886
definition of public official or employee in division (B) of	63887
section 102.01 of the Revised Code;	63888

~~(2)~~(B) An immediate family member of ~~another~~a member of the	63889
same county board ~~member~~;	63890

~~(3) A county board~~(C) An employee orof any county board;

63891

(D) An immediate family member of ~~a county board~~an employee	63892
of the same county board;	63893

~~(4)~~(E) A former employee of ~~the~~a county board whose	63894
employment ~~with the county board~~ ceased less than ~~one~~four	63895
calendar ~~year~~years before the former employee would begin to	63896
serve as a member of the same county board;	63897

~~(5)~~(F) A former employee of a county board whose employment	63898
ceased less than two years before the former employee would begin	63899
to serve as a member of a different county board;	63900

(G) An individual who or whose immediate family member is a	63901
board member ~~or an employee~~ of an agency licensed or certified by	63902
the department of developmental disabilities to provide services	63903
to individuals with mental retardation or developmental	63904
disabilities or an individual who or whose immediate family member	63905
is an employee of such an agency;	63906

~~(6) An individual who or whose immediate family member is a~~	63907
~~board member or employee of an agency contracting with the county~~	63908
~~board that is not licensed or certified by the department of~~	63909
~~developmental disabilities to provide services to individuals with~~	63910
~~mental retardation or developmental disabilities unless there is~~	63911
~~no conflict of interest;~~	63912

~~(7)~~(H) An individual with an immediate family member who	63913
serves as a county commissioner of a county served by the county	63914
board unless the individual was a member of the county board	63915
before October 31, 1980.	63916

~~(B) All questions relating to the existence of a conflict of~~	63917
~~interest for the purpose of division (A)(6) of this section shall~~	63918
~~be submitted to the local prosecuting attorney for resolution. The~~	63919
~~Ohio ethics commission may examine any issues arising under~~	63920
~~Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the~~	63921
~~Revised Code.~~	63922

Sec. 5126.0220. (A) The superintendent of the county board	63923
of developmental disabilities shall do all of the following:	63924

~~(A)~~(1) Administer the work of the board, subject to the	63925
board's rules;	63926

~~(B)~~(2) Recommend to the board the changes necessary to	63927
increase the effectiveness of the programs and services offered	63928
pursuant to Chapters 3323. and 5126. of the Revised Code;	63929

~~(C)~~(3) Employ persons for all positions authorized by the	63930
board, approve contracts of employment for management employees	63931
that are for a term of one year or less, and approve personnel	63932
actions that involve employees in the classified civil service as	63933
may be necessary for the work of the board;	63934

~~(D)~~(4) Approve compensation for employees within the limits	63935
set by the salary schedule and budget set by the board ~~and in~~	63936
~~accordance with section 5126.26 of the Revised Code~~, and ensure	63937
that all employees and consultants are properly reimbursed for	63938
actual and necessary expenses incurred in the performance of	63939
official duties;	63940

~~(E)~~(5) Provide consultation to public agencies as defined in	63941
division (C) of section 102.01 of the Revised Code, including	63942
other county boards of developmental disabilities, and to	63943
individuals, agencies, or organizations providing services	63944
supported by the board.	63945

(B) The superintendent may authorize the payment of board	63946
obligations by the county auditor.	63947

Sec. 5126.0221. (A) As used in this section, "specialized	63948
services" has the same meaning as in section ~~5126.281~~5123.081 of	63949
the Revised Code.	63950

(B) Except as provided in division (C) of section 5126.033 of	63951
the Revised Code, none of the following individuals may be	63952
employed by a county board of developmental disabilities:	63953

(1) An employee of an agency contracting with the county	63954
board;	63955

(2) An immediate family member of an employee of an agency	63956
contracting with the county board unless the county board adopts a	63957
resolution authorizing the immediate family member's employment	63958
with the county board or the employment is consistent with a	63959
policy adopted by the board establishing parameters for such	63960
employment and the policy is consistent with Chapter 102. and	63961
sections 2921.42, 2921.421, and 2921.43 of the Revised Code;	63962

(3) An individual with an immediate family member who serves	63963
as a county commissioner of any of the counties served by the	63964
county board unless the individual was an employee of the county	63965
board before October 31, 1980;	63966

(4) An individual who is employed by, has an ownership	63967
interest in, performs or provides administrative duties for, or is	63968
a member of the governing board of an entity that provides	63969
specialized services, regardless of whether the entity contracts	63970
with the county board to provide specialized services.	63971

Sec. 5126.043. (A) When an individual with mental retardation	63972
or other developmental disability is required ~~within this chapter~~	63973
~~to consent, refuse to give consent, or withdraw consent for~~	63974
~~services and the individual has been adjudicated incompetent~~	63975
~~pursuant to Chapter 2111. of the Revised Code, the guardian for~~	63976
~~the individual appointed under that chapter and functioning in~~	63977
~~accordance with the appointment shall be responsible for giving,~~	63978
~~refusing to give, or withdrawing the consent for services~~to make	63979
a decision regarding the individual's receipt of a service or	63980
participation in a program provided for or funded under this	63981
chapter or Chapter 5123. of the Revised Code, the individual	63982
shall, except as provided in division (C) of this section, make	63983
the decision. In making a decision, the individual may seek	63984
support and guidance from a family member or trusted adult friend	63985
and doing so does not eliminate the individual's authority under	63986
this division.	63987

(B)(1) Subject to division (B)(2) and except as provided in	63988
division (D) of this section, when an individual with mental	63989
retardation or other developmental disability lacks the capacity	63990
to make a decision described in division (A) of this section, the	63991
following, determined in the order of priority specified, shall	63992
make the decision on the individual's behalf:	63993

(a) The individual's guardian, as defined in section 2111.01	63994
of the Revised Code;	63995

(b) An adult who has been authorized in writing by the	63996
individual to make such a decision on the individual's behalf;	63997

63998

(d) The individual's parent;

63999

(e) An adult child of the individual;

64000

(f) An adult sibling of the individual;

64001

(g) A grandparent of the individual;

64002

(h) An adult not described in divisions (B)(1)(a) to (g) of	64003
this section who is related to the individual by blood, marriage,	64004
or adoption, has exhibited special care and concern for the	64005
individual, is generally familiar with the individual's desires,	64006
and is willing and able to make the decision and act in the	64007
individual's best interests;	64008

(i) An adult friend who has exhibited special care and	64009
concern for the individual, is generally familiar with the	64010
individual's desires, and is willing and able to make the decision	64011
and act in the individual's best interests.	64012

(2) If division (B)(1)(b), (d), (e), (f), (g), (h), or (i) of	64013
this section describes more than one person, the decision may be	64014
made by a single person who meets that description unless that	64015
person knows of an objection by another person who meets the	64016
description. If an objection is known, the decision may be made	64017
only by a majority of the persons described who are reasonably	64018
available. If such a majority does not exist, the decision shall	64019
be made by the person in the next priority class.	64020

(C) Individuals with mental retardation and other	64021
developmental disabilities, including those who have been	64022
adjudicated incompetent pursuant to Chapter 2111. of the Revised	64023
Code, have the right to participate in decisions that affect their	64024
lives and to have their needs, desires, and preferences	64025
considered. A person described in divisions (B)(1)(a) to (i) who	64026
must make a decision on behalf of an individual described in	64027
division (B) of this section shall consider the individual's	64028
needs, desires, and preferences and make a decision that is	64029
consistent with those items and the individual's best interests.	64030

(D) A person described in divisions (B)(1)(a) to (i) of this	64031
section who provides services to an individual, other than	64032
protective services as defined in section 5123.55 of the Revised	64033
Code, shall be disqualified from making a decision required by	64034
division (B) of this section if the person is not related by	64035
blood, marriage, or adoption to the individual.	64036

Sec. 5126.046. (A) ~~Each county board of developmental~~	64037
~~disabilities that has medicaid local administrative authority~~	64038
~~under division (A) of section 5126.055 of the Revised Code for~~	64039
~~habilitation, vocational, or community employment services~~	64040
~~provided as part of home and community-based services shall create~~	64041
~~a list of all persons and government entities eligible to provide~~	64042
~~such habilitation, vocational, or community employment services.~~	64043
~~If the county board chooses and is eligible to provide such~~	64044
~~habilitation, vocational, or community employment services, the~~	64045
~~county board shall include itself on the list. The county board~~	64046
~~shall make the list available to each individual with mental~~	64047
~~retardation or other developmental disability who resides in the~~	64048
~~county and is eligible for such habilitation, vocational, or~~	64049
~~community employment services. The county board shall also make~~	64050
~~the list available to such individuals' families.~~	64051

AnExcept as otherwise provided by 42 C.F.R. 431.51, an	64052
individual with mental retardation or other developmental	64053
disability who is eligible for ~~habilitation, vocational, or~~	64054
~~community employment~~home and community-based services ~~may choose~~	64055
~~the~~has the right to obtain the services from any provider of the	64056
services.	64057

~~(B) Each month, the department of developmental disabilities~~	64058
~~shall create a list of all persons and government entities~~	64059
~~eligible to provide residential services and supported living. The~~	64060
~~department shall include on the list all residential facilities~~	64061
~~licensed under section 5123.19 of the Revised Code and all~~	64062
~~supported living providers certified under section 5123.161 of the~~	64063
~~Revised Code. The department shall distribute the monthly lists to~~	64064
~~county boards that have local administrative authority under~~	64065
~~division (A) of section 5126.055 of the Revised Code for~~	64066
~~residential services and supported living provided as part of home~~	64067
~~and community-based services. A county board that receives a list~~	64068
~~shall make it available to each individual with mental retardation~~	64069
~~or other developmental disability who resides in the county and is~~	64070
~~eligible for such residential services or supported living. The~~	64071
~~county board shall also make the list available to the families of~~	64072
~~those individuals~~that is qualified to furnish the services and is	64073
willing to furnish the services to the individual. A county board	64074
of developmental disabilities that has medicaid local	64075
administrative authority under division (A) of section 5126.055 of	64076
the Revised Code for home and community-based services and refuses	64077
to permit an individual to obtain home and community-based	64078
services from a qualified and willing provider shall provide the	64079
individual timely notice that the individual may request a hearing	64080
under section 5101.35 of the Revised Code.	64081

(B) An individual with mental retardation or other	64082
developmental disability who is eligible for nonmedicaid	64083
residential services or nonmedicaid supported living ~~may choose~~	64084
~~the~~has the right to obtain the services from any provider of the	64085
residential services or supported living that is qualified to	64086
furnish the residential services or supported living and is	64087
willing to furnish the residential services or supported living to	64088
the individual.	64089

(C) ~~If a county board that has medicaid local administrative~~	64090
~~authority under division (A) of section 5126.055 of the Revised~~	64091
~~Code for home and community-based services violates the right~~	64092
~~established by this section of an individual to choose a provider~~	64093
~~that is qualified and willing to provide services to the~~	64094
~~individual, the individual shall receive timely notice that the~~	64095
~~individual may request a hearing under section 5101.35 of the~~	64096
~~Revised Code.~~	64097

~~(D)~~ The ~~departments~~director of developmental disabilities	64098
~~and job and family services~~ shall adopt rules in accordance with	64099
Chapter 119. of the Revised Code governing the implementation of	64100
this section. The rules shall include procedures for individuals	64101
to choose their ~~service~~ providers. The rules shall not be limited	64102
by a provider selection system established under section 5126.42	64103
of the Revised Code, including any pool of providers created	64104
pursuant to a provider selection system.	64105

Sec. 5126.055. (A) Except as provided in section 5126.056 of	64106
the Revised Code, a county board of developmental disabilities has	64107
medicaid local administrative authority to, and shall, do all of	64108
the following for an individual with mental retardation or other	64109
developmental disability who resides in the county that the county	64110
board serves and seeks or receives home and community-based	64111
services:	64112

(1) Perform assessments and evaluations of the individual. As	64113
part of the assessment and evaluation process, the county board	64114
shall do all of the following:	64115

(a) Make a recommendation to the department of developmental	64116
disabilities on whether the department should approve or deny the	64117
individual's application for the services, including on the basis	64118
of whether the individual needs the level of care an intermediate	64119
care facility for the mentally retarded provides;	64120

(b) If the individual's application is denied because of the	64121
county board's recommendation and the individual requests a	64122
hearing under section 5101.35 of the Revised Code, present, with	64123
the department of developmental disabilities or department of job	64124
and family services, whichever denies the application, the reasons	64125
for the recommendation and denial at the hearing;	64126

(c) If the individual's application is approved, recommend to	64127
the departments of developmental disabilities and job and family	64128
services the services that should be included in the individual's	64129
individualized service plan and, if either department approves,	64130
reduces, denies, or terminates a service included in the	64131
individual's individualized service plan under section 5111.871 of	64132
the Revised Code because of the county board's recommendation,	64133
present, with the department that made the approval, reduction,	64134
denial, or termination, the reasons for the recommendation and	64135
approval, reduction, denial, or termination at a hearing under	64136
section 5101.35 of the Revised Code.	64137

(2) ~~In accordance with the rules adopted under section~~	64138
~~5126.046 of the Revised Code, perform the county board's~~Perform	64139
any duties assigned to the county board in rules adopted under	64140
~~that~~ section 5126.046 of the Revised Code regarding ~~assisting~~ the	64141
individual's right to choose a qualified and willing provider of	64142
the services and, at a hearing under section 5101.35 of the	64143
Revised Code, present evidence of the process for appropriate	64144
assistance in choosing providers;	64145

(3) If the county board is certified under section 5123.161	64146
of the Revised Code to provide the services and agrees to provide	64147
the services to the individual and the individual chooses the	64148
county board to provide the services, furnish, in accordance with	64149
the county board's medicaid provider agreement and for the	64150
authorized reimbursement rate, the services the individual	64151
requires;	64152

(4) Monitor the services provided to the individual and	64153
ensure the individual's health, safety, and welfare. The	64154
monitoring shall include quality assurance activities. If the	64155
county board provides the services, the department of	64156
developmental disabilities shall also monitor the services.	64157

(5) Develop, with the individual and the provider of the	64158
individual's services, an effective individualized service plan	64159
that includes coordination of services, recommend that the	64160
departments of developmental disabilities and job and family	64161
services approve the plan, and implement the plan unless either	64162
department disapproves it. The individualized service plan shall	64163
include a summary page, agreed to by the county board, provider,	64164
and individual receiving services, that clearly outlines the	64165
amount, duration, and scope of services to be provided under the	64166
plan.	64167

(6) Have an investigative agent conduct investigations under	64168
section 5126.313 of the Revised Code that concern the individual;	64169

(7) Have a service and support administrator perform the	64170
duties under division (B)(9) of section 5126.15 of the Revised	64171
Code that concern the individual.	64172

(B) A county board shall perform its medicaid local	64173
administrative authority under this section in accordance with all	64174
of the following:	64175

(1) The county board's plan that the department of	64176
developmental disabilities approves under section 5123.046 of the	64177
Revised Code;	64178

(2) All applicable federal and state laws;

64179

(3) All applicable policies of the departments of	64180
developmental disabilities and job and family services and the	64181
United States department of health and human services;	64182

(4) The department of job and family services' supervision	64183
under its authority under section 5111.01 of the Revised Code to	64184
act as the single state medicaid agency;	64185

(5) The department of developmental disabilities' oversight.

64186

(C) The departments of developmental disabilities and job and	64187
family services shall communicate with and provide training to	64188
county boards regarding medicaid local administrative authority	64189
granted by this section. The communication and training shall	64190
include issues regarding audit protocols and other standards	64191
established by the United States department of health and human	64192
services that the departments determine appropriate for	64193
communication and training. County boards shall participate in the	64194
training. The departments shall assess the county board's	64195
compliance against uniform standards that the departments shall	64196
establish.	64197

(D) A county board may not delegate its medicaid local	64198
administrative authority granted under this section but may	64199
contract with a person or government entity, including a council	64200
of governments, for assistance with its medicaid local	64201
administrative authority. A county board that enters into such a	64202
contract shall notify the director of developmental disabilities.	64203
The notice shall include the tasks and responsibilities that the	64204
contract gives to the person or government entity. The person or	64205
government entity shall comply in full with all requirements to	64206
which the county board is subject regarding the person or	64207
government entity's tasks and responsibilities under the contract.	64208
The county board remains ultimately responsible for the tasks and	64209
responsibilities.	64210

(E) A county board that has medicaid local administrative	64211
authority under this section shall, through the departments of	64212
developmental disabilities and job and family services, reply to,	64213
and cooperate in arranging compliance with, a program or fiscal	64214
audit or program violation exception that a state or federal audit	64215
or review discovers. The department of job and family services	64216
shall timely notify the department of developmental disabilities	64217
and the county board of any adverse findings. After receiving the	64218
notice, the county board, in conjunction with the department of	64219
developmental disabilities, shall cooperate fully with the	64220
department of job and family services and timely prepare and send	64221
to the department a written plan of correction or response to the	64222
adverse findings. The county board is liable for any adverse	64223
findings that result from an action it takes or fails to take in	64224
its implementation of medicaid local administrative authority.	64225

(F) If the department of developmental disabilities or	64226
department of job and family services determines that a county	64227
board's implementation of its medicaid local administrative	64228
authority under this section is deficient, the department that	64229
makes the determination shall require that county board do the	64230
following:	64231

(1) If the deficiency affects the health, safety, or welfare	64232
of an individual with mental retardation or other developmental	64233
disability, correct the deficiency within twenty-four hours;	64234

(2) If the deficiency does not affect the health, safety, or	64235
welfare of an individual with mental retardation or other	64236
developmental disability, receive technical assistance from the	64237
department or submit a plan of correction to the department that	64238
is acceptable to the department within sixty days and correct the	64239
deficiency within the time required by the plan of correction.	64240

Sec. 5126.13. (A) A county board of developmental	64241
disabilities may enter into an agreement with one or more other	64242
county boards of developmental disabilities to establish a	64243
regional council in accordance with Chapter 167. of the Revised	64244
Code. The agreement shall specify the duties and functions to be	64245
performed by the council, which may include any duty or function a	64246
county board is required or authorized to perform under this	64247
chapter. ~~If directed to do so by a resolution adopted by a county~~	64248
~~board that is a member of a regional council, the department of~~	64249
~~developmental disabilities shall make any distributions of money~~	64250
~~for that county for the duties or functions performed by the~~	64251
~~council pursuant to its agreement that are otherwise required to~~	64252
~~be made to the county board under this chapter to the fiscal~~	64253
~~officer of the council designated under section 167.04 of the~~	64254
~~Revised Code.~~	64255

A county board may also enter into an agreement with one or	64256
more school districts or other political subdivisions to establish	64257
a regional council in accordance with Chapter 167. of the Revised	64258
Code.	64259

(B) On or before the thirtieth day of March, the fiscal	64260
officer of a regional council described in this section shall	64261
report to the department of developmental disabilities, in the	64262
format specified by the department, all income and operating	64263
expenditures of the council for the immediately preceding calendar	64264
year.	64265

Sec. 5126.15. (A) A county board of developmental	64266
disabilities shall provide service and support administration to	64267
each individual three years of age or older who is eligible for	64268
service and support administration if the individual requests, or	64269
a person on the individual's behalf requests, service and support	64270
administration. A board shall provide service and support	64271
administration to each individual receiving home and	64272
community-based services. A board may provide, in accordance with	64273
the service coordination requirements of 34 C.F.R. 303.23, service	64274
and support administration to an individual under three years of	64275
age eligible for early intervention services under 34 C.F.R. part	64276
303. A board may provide service and support administration to an	64277
individual who is not eligible for other services of the board.	64278
Service and support administration shall be provided in accordance	64279
with rules adopted under section 5126.08 of the Revised Code.	64280

A board may provide service and support administration by	64281
directly employing service and support administrators or by	64282
contracting with entities for the performance of service and	64283
support administration. Individuals employed or under contract as	64284
service and support administrators shall not be in the same	64285
collective bargaining unit as employees who perform duties that	64286
are not administrative.	64287

Individuals employed by a board as service and support	64288
administrators shall not be assigned responsibilities for	64289
implementing other services for individuals and shall not be	64290
employed by or serve in a decision-making or policy-making	64291
capacity for any other entity that provides programs or services	64292
to individuals with mental retardation or developmental	64293
disabilities. An individual employed as a conditional status	64294
service and support administrator shall perform the duties of	64295
service and support administration only under the supervision of a	64296
management employee who is a service and support administration	64297
supervisor.	64298

(B) The individuals employed by or under contract with a	64299
board to provide service and support administration shall do all	64300
of the following:	64301

(1) Establish an individual's eligibility for the services of	64302
the county board of developmental disabilities;	64303

(2) Assess individual needs for services;

64304

(3) Develop individual service plans with the active	64305
participation of the individual to be served, other persons	64306
selected by the individual, and, when applicable, the provider	64307
selected by the individual, and recommend the plans for approval	64308
by the department of developmental disabilities when services	64309
included in the plans are funded through medicaid;	64310

(4) Establish budgets for services based on the individual's	64311
assessed needs and preferred ways of meeting those needs;	64312

(5) Assist individuals in making selections from among the	64313
providers they have chosen;	64314

(6) Ensure that services are effectively coordinated and	64315
provided by appropriate providers;	64316

(7) Establish and implement an ongoing system of monitoring	64317
the implementation of individual service plans to achieve	64318
consistent implementation and the desired outcomes for the	64319
individual;	64320

(8) Perform quality assurance reviews as a distinct function	64321
of service and support administration;	64322

(9) Incorporate the results of quality assurance reviews and	64323
identified trends and patterns of unusual incidents and major	64324
unusual incidents into amendments of an individual's service plan	64325
for the purpose of improving and enhancing the quality and	64326
appropriateness of services rendered to the individual;	64327

~~(10) Ensure that each individual receiving services has a~~	64328
~~designated person who is responsible on a continuing basis for~~	64329
~~providing the individual with representation, advocacy, advice,~~	64330
~~and assistance related to the day-to-day coordination of services~~	64331
~~in accordance with the individual's service plan. The service and~~	64332
~~support administrator shall give the individual receiving services~~	64333
~~an opportunity to designate the person to provide daily~~	64334
~~representation. If the individual declines to make a designation,~~	64335
~~the administrator shall make the designation. In either case, the~~	64336
~~individual receiving services may change at any time the person~~	64337
~~designated to provide daily representation~~.	64338

Sec. 5126.20. As used in this section and sections 5126.21	64339
to ~~5126.29~~5126.25 of the Revised Code:	64340

(A) "Service employee" means a person employed by a county	64341
board of developmental disabilities in a position which may	64342
require ~~evidence of~~ registration under section 5126.25 of the	64343
Revised Code but for which a bachelor's degree from an accredited	64344
college or university is not required, and includes employees in	64345
the positions listed in division (C) of section 5126.22 of the	64346
Revised Code.	64347

(B)(1) "Professional employee" means both of the following:

64348

(a) A person employed by a board in a position for which	64349
either a bachelor's degree from an accredited college or	64350
university or a license or certificate issued under Title XLVII of	64351
the Revised Code is a minimum requirement;	64352

(b) A person employed by a board as a conditional status	64353
service and support administrator.	64354

(2) "Professional employee" includes employees in the	64355
positions listed in division (B) of section 5126.22 of the Revised	64356
Code.	64357

(C) "Management employee" means a person employed by a board	64358
in a position having supervisory or managerial responsibilities	64359
and duties, and includes employees in the positions listed in	64360
division (A) of section 5126.22 of the Revised Code.	64361

(D) "Limited contract" means a contract of limited duration	64362
which is renewable at the discretion of the superintendent.	64363

(E) ~~"Continuing contract" means a contract of employment that~~	64364
~~was issued prior to June 24, 1988, to a classified employee under~~	64365
~~which the employee has completed the employee's probationary~~	64366
~~period and under which the employee retains employment until the~~	64367
~~employee retires or resigns, is removed pursuant to section~~	64368
~~5126.23 of the Revised Code, or is laid off.~~	64369

~~(F)~~ "Supervisory responsibilities and duties" includes the	64370
authority to hire, transfer, suspend, lay off, recall, promote,	64371
discharge, assign, reward, or discipline other employees of the	64372
board; to responsibly direct them; to adjust their grievances; or	64373
to effectively recommend such action, if the exercise of that	64374
authority is not of a merely routine or clerical nature but	64375
requires the use of independent judgment.	64376

~~(G)~~(F) "Managerial responsibilities and duties" includes	64377
formulating policy on behalf of the board, responsibly directing	64378
the implementation of policy, assisting in the preparation for the	64379
conduct of collective negotiations, administering collectively	64380
negotiated agreements, or having a major role in personnel	64381
administration.	64382

~~(H)~~(G) "Investigative agent" means an individual who conducts	64383
investigations under section 5126.313 of the Revised Code.	64384

Sec. 5126.21. As used in this section, "management employee"	64385
does not include the superintendent of a county board of	64386
developmental disabilities.	64387

(A)(1) Each management employee of a county board of	64388
developmental disabilities shall hold a limited contract for a	64389
period of not less than one year and not more than five years,	64390
except that a management employee hired after the beginning of a	64391
program year may be employed under a limited contract expiring at	64392
the end of the program year. The board shall approve all contracts	64393
of employment for management employees that are for a term of more	64394
than one year. A management employee shall receive notice of the	64395
superintendent's intention not to rehire the employee at least	64396
ninety days prior to the expiration of the contract. ~~If the~~	64397
~~superintendent fails to notify a management employee, the employee~~	64398
~~shall be reemployed under a limited contract of one year at the~~	64399
~~same salary plus any authorized salary increases.~~	64400

(2) During the term of a contract a management employee's	64401
salary may be increased, but shall not be reduced unless the	64402
reduction is part of a uniform plan affecting all employees of the	64403
board.	64404

(B) All management employees may be removed, suspended, or	64405
demoted for cause pursuant to section 5126.23 of the Revised Code.	64406

(C) All management employees shall receive employee benefits	64407
~~that shall include sick leave, vacation leave, holiday pay, and~~	64408
~~such other benefits~~ as ~~are~~ established by the board. Sections	64409
124.38 and 325.19 of the Revised Code do not apply to management	64410
employees.	64411

(D) The superintendent of a county board of developmental	64412
disabilities shall notify all management employees of the board of	64413
their salary no later than thirty days before the first day of the	64414
new contract year.	64415

(E) ~~All management employees of a county board of~~	64416
~~developmental disabilities who were given continuing contract~~	64417
~~status prior to the effective date of this section have continuing~~	64418
~~contract status so long as they maintain employment with the~~	64419
~~board.~~	64420

~~(F) All management employees who were probationary employees~~	64421
~~on the effective date of this section shall, upon completion of~~	64422
~~their probationary period, be granted continuing contract status~~	64423
~~if retained in employment.~~	64424

~~(G)~~ Each county board of developmental disabilities shall	64425
establish a lay-off policy to be followed if it determines a	64426
reduction in the number of management employees is necessary.	64427

Sec. 5126.22. (A) Employees who hold the following positions	64428
in a county board of developmental disabilities are management	64429
employees:	64430

assistant superintendent

64431

director of business

64432

director of personnel

64433

adult services director

64434

workshop director

64435

habilitation manager

64436

director of residential services

64437

principal (director of children services)

64438

program or service supervisor

64439

plant manager

64440

production manager

64441

service and support administration supervisor

64442

investigative agent

64443

confidential employees as defined in section 4117.01 of the	64444
Revised Code	64445

positions designated by the director of developmental	64446
disabilities as having managerial or supervisory responsibilities	64447
and duties	64448

positions designated by the county board in accordance with	64449
division (D) of this section.	64450

(B) Employees who hold the following positions in a board are	64451
professional employees:	64452

personnel licensed or certified pursuant to Chapter 3319. of	64453
the Revised Code	64454

early intervention specialist

64455

physical development specialist

64456

habilitation specialist

64457

work adjustment specialist

64458

placement specialist

64459

vocational evaluator

64460

psychologist

64461

occupational therapist

64462

speech and language pathologist

64463

recreation specialist

64464

behavior management specialist

64465

physical therapist

64466

supportive home services specialist

64467

licensed practical nurse or registered nurse

64468

rehabilitation counselor

64469

doctor of medicine and surgery or of osteopathic medicine and	64470
surgery	64471

dentist

64472

service and support administrator

64473

conditional status service and support administrator

64474

social worker

64475

any position that is not a management position and for which	64476
the standards for certification established by the director of	64477
developmental disabilities under section 5126.25 of the Revised	64478
Code require a bachelor's or higher degree	64479

professional positions designated by the director

64480

professional positions designated by the county board in	64481
accordance with division (D) of this section.	64482

(C) Employees who hold positions in a board that are neither	64483
management positions nor professional positions are service	64484
employees. Service employee positions include:	64485

workshop specialist

64486

workshop specialist assistant

64487

contract procurement specialist

64488

community employment specialist

64489

any assistant to a professional employee certified to	64490
provide, or supervise the provision of, adult services or service	64491
and support administration	64492

service positions designated by the director

64493

service positions designated by a county board in accordance	64494
with division (D) of this section.	64495

(D) A county board may designate a position only if the	64496
position does not include directly providing, or supervising	64497
employees who directly provide, service or instruction to	64498
individuals with mental retardation or developmental disabilities.	64499

(E) If a county board desires to have a position established	64500
that is not specifically listed in this section that includes	64501
directly providing, or supervising employees who directly provide,	64502
services or instruction to individuals with mental retardation or	64503
developmental disabilities, the board shall submit to the director	64504
a written description of the position and request that the	64505
director designate the position as a management, professional, or	64506
service position under this section. The director shall consider	64507
each request submitted under this division and respond within	64508
thirty days. If the director approves the request, the director	64509
shall designate the position as a management, professional, or	64510
service position.	64511

(F) A county board shall not terminate its employment of any	64512
management, professional, or service employee solely because a	64513
position is added to or eliminated from those positions listed in	64514
this section or because a position is designated or no longer	64515
designated by the director or a county board.	64516

Sec. 5126.25. (A) The director of developmental disabilities	64517
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	64518
~~Code~~under division (C) of this section establishing uniform	64519
standards and procedures for the certification and registration of	64520
persons ~~for employment by county boards of developmental~~	64521
~~disabilities as superintendents, management employees, and~~	64522
~~professional employees and uniform standards and procedures for~~	64523
~~the registration of persons for employment by county boards as~~	64524
~~registered service employees. As part of the rules, the director~~	64525
~~may establish continuing education and professional training~~	64526
~~requirements for renewal of certificates and evidence of~~	64527
~~registration and shall establish such requirements for renewal of~~	64528
~~an investigative agent certificate. In the rules, the director~~	64529
~~shall establish certification standards for employment in the~~	64530
~~position of investigative agent that require an individual to have~~	64531
~~or obtain no less than an associate degree from an accredited~~	64532
~~college or university or have or obtain comparable experience or~~	64533
~~training. The director shall not adopt rules that require any~~	64534
~~service employee to have or obtain a bachelor's or higher degree.~~	64535

~~The director shall adopt the rules in a manner that provides~~	64536
~~for the issuance of certificates and evidence of registration~~	64537
~~according to categories, levels, and grades. The rules shall~~	64538
~~describe each category, level, and grade.~~	64539

~~The rules adopted under this division shall apply to persons~~	64540
~~employed or seeking employment in a position that includes~~	64541
~~directly providing, or supervising persons who directly provide,~~	64542
~~services or instruction to or on behalf of individuals with mental~~	64543
~~retardation or developmental disabilities, except that the rules~~	64544
~~shall not apply to persons who hold a valid license issued under~~	64545
~~Chapter 3319. of the Revised Code and perform no duties other than~~	64546
~~teaching or supervision of a teaching program or persons who hold~~	64547
~~a valid license or certificate issued under Title XLVII of the~~	64548
~~Revised Code and perform only those duties governed by the license~~	64549
~~or certificate. The rules shall specify the positions that require~~	64550
~~certification or registration. The rules shall specify that the~~	64551
~~position of investigative agent requires certification~~, other than	64552
the persons described in division (I) of this section, who are	64553
seeking employment with or are employed by either of the	64554
following:	64555

(1) A county board of developmental disabilities;

64556

(2) An entity that contracts with a county board to operate	64557
programs and services for individuals with mental retardation or	64558
developmental disabilities.	64559

(B) No person shall be employed in a position for which	64560
certification or registration is required pursuant to the rules	64561
adopted under this section without the certification or	64562
registration that is required for that position. The person shall	64563
not be employed or shall not continue to be employed if the	64564
required certification or registration is denied, revoked, or not	64565
renewed.	64566

~~(B)~~(C) The director shall adopt rules in accordance with	64567
Chapter 119. of the Revised Code ~~establishing standards for~~	64568
~~approval of courses of study to prepare persons to meet~~	64569
~~certification requirements. The director shall approve courses of~~	64570
~~study meeting the standards and provide for the inspection of the~~	64571
~~courses to ensure the maintenance of satisfactory training~~	64572
~~procedures. The director shall approve courses of study only if~~	64573
~~given by a state university or college as defined in section~~	64574
~~3345.32 of the Revised Code, a state university or college of~~	64575
~~another state, or an institution that has received a certificate~~	64576
~~of authorization to confer degrees from the board of regents~~	64577
~~pursuant to Chapter 1713. of the Revised Code or from a comparable~~	64578
~~agency of another state~~as the director considers necessary to	64579
implement and administer this section, including rules	64580
establishing all of the following:	64581

(1) Positions of employment that are subject to this section	64582
and, for each position, whether a person must receive	64583
certification or receive registration to be employed in that	64584
position;	64585

(2) Requirements that must be met to receive the	64586
certification or registration required to be employed in a	64587
particular position, including standards regarding education,	64588
specialized training, and experience, taking into account the	64589
needs of individuals with mental retardation or developmental	64590
disabilities and the specialized techniques needed to serve them,	64591
except that the rules shall not require a person designated as a	64592
service employee under section 5126.22 of the Revised Code to have	64593
or obtain a bachelor's or higher degree;	64594

(3) Procedures to be followed in applying for initial	64595
certification or registration and for renewing the certification	64596
or registration.	64597

(4) Requirements that must be met for renewal of	64598
certification or registration, which may include continuing	64599
education and professional training requirements;	64600

(5) Subject to section 5126.23 of the Revised Code, grounds	64601
for which certification or registration may be denied, suspended,	64602
or revoked and procedures for appealing the denial, suspension, or	64603
revocation.	64604

~~(C)~~(D) Each ~~applicant for a certificate for employment or~~	64605
~~evidence of~~person seeking certification or registration for	64606
employment ~~by a county board~~ shall apply ~~to the department of~~	64607
~~developmental disabilities on forms that the director of the~~	64608
~~department shall prescribe and provide. The application shall be~~	64609
~~accompanied by the application fee~~in the manner established in	64610
rules adopted under this section.	64611

~~(D) The director shall issue a certificate for employment to~~	64612
~~each applicant who meets the standards for certification~~	64613
~~established under this section and shall issue evidence of~~	64614
~~registration for employment to each applicant who meets the~~	64615
~~standards for registration established under this section. Each~~	64616
~~certificate or evidence of registration shall state the category,~~	64617
~~level, and grade for which it is issued.~~	64618

~~The director shall issue, renew, deny, suspend, or revoke~~	64619
~~certificates and evidence of registration in accordance with rules~~	64620
~~adopted under this section. The director shall deny, suspend, or~~	64621
~~revoke a certificate or evidence of registration if the director~~	64622
~~finds, pursuant to an adjudication conducted in accordance with~~	64623
~~Chapter 119. of the Revised Code, that the applicant for or holder~~	64624
~~of the certificate or evidence of registration is guilty of~~	64625
~~intemperate, immoral, or other conduct unbecoming to the~~	64626
~~applicant's or holder's position, or is guilty of incompetence or~~	64627
~~negligence within the scope of the applicant's or holder's duties.~~	64628
~~The director shall deny or revoke a certificate or evidence of~~	64629
~~registration if the director finds, pursuant to an adjudication~~	64630
~~conducted in accordance with Chapter 119. of the Revised Code,~~	64631
~~that the applicant for or holder of the certificate or evidence of~~	64632
~~registration has been convicted of or pleaded guilty to any of the~~	64633
~~offenses described in division (E) of section 5126.28 of the~~	64634
~~Revised Code, unless the individual meets standards for~~	64635
~~rehabilitation that the director establishes in the rules adopted~~	64636
~~under that section. Evidence supporting such allegations shall be~~	64637
~~presented to the director in writing and the director shall~~	64638
~~provide prompt notice of the allegations to the person who is the~~	64639
~~subject of the allegations. A denial, suspension, or revocation~~	64640
~~may be appealed in accordance with procedures the director shall~~	64641
~~establish in the rules adopted under this section.~~	64642

(E)~~(1)~~The superintendent of each county board is responsible	64643
for taking all actions regarding certification and registration of	64644
employees, other than the position of superintendent. For the	64645
position of superintendent, the director of developmental	64646
disabilities is responsible for taking all such actions.	64647

Actions that may be taken under this division include	64648
issuing, renewing, denying, suspending, and revoking certification	64649
and registration. All actions shall be taken in accordance with	64650
the rules adopted under this section.	64651

A person subject to the denial, suspension, or revocation of	64652
certification or registration may appeal the decision. The appeal	64653
shall be made in accordance with the rules adopted under this	64654
section.	64655

(F) A person ~~holding a~~with valid ~~certificate~~certification	64656
or registration under this section on the effective date of any	64657
rules adopted under this section that increase the standards	64658
applicable to the certification ~~standards~~or registration shall	64659
have such period as the rules prescribe, but not less than one	64660
year after the effective date of the rules, to meet the new	64661
certification or registration standards.	64662

~~A person who is registered under this section on the~~	64663
~~effective date of any rule that changes the standards adopted~~	64664
~~under this section shall have such period as the rules prescribe,~~	64665
~~but not less than one year, to meet the new registration~~	64666
~~standards.~~	64667

~~(2) If an applicant for a certificate for employment has not~~	64668
~~completed the courses of instruction necessary to meet the~~	64669
~~department's standards for certification, the department shall~~	64670
~~inform the applicant of the courses the applicant must~~	64671
~~successfully complete to meet the standards and shall specify the~~	64672
~~time within which the applicant must complete the courses. The~~	64673
~~department shall grant the applicant at least one year to complete~~	64674
~~the courses and shall not require the applicant to complete more~~	64675
~~than four courses in any one year. The applicant is not subject to~~	64676
~~any changes regarding the courses required for certification that~~	64677
~~are made after the department informs the applicant of the courses~~	64678
~~the applicant must complete, unless the applicant does not~~	64679
~~successfully complete the courses within the time specified by the~~	64680
~~department.~~	64681

~~(F)~~(G) A person ~~who holds a certificate~~with valid	64682
certification or ~~evidence of~~ registration~~, other than one~~	64683
~~designated as temporary,~~ is qualified to be employed according to	64684
that ~~certificate~~certification or ~~evidence of~~ registration by any	64685
county board or entity contracting with a county board.	64686

~~(G)~~(H) The director shall monitor county boards to ensure	64687
that their employees ~~who must be certified or registered are~~	64688
~~appropriately certified or registered and~~and the employees of	64689
their contracting entities have the applicable certification or	64690
registration required under this section and that the employees	64691
are performing only those functions they are authorized to perform	64692
under ~~their certificate~~the certification or ~~evidence of~~	64693
registration.	64694

~~(H) A county board superintendent or the superintendent's~~	64695
~~designee may certify to the director that county board employees~~	64696
~~who are required to meet continuing education or professional~~	64697
~~training requirements as a condition of renewal of certificates or~~	64698
~~evidence of registration have met the requirements~~. The	64699
superintendent of each county board or the superintendent's	64700
designee shall maintain in appropriate personnel files evidence	64701
acceptable to the director that the employees have met the	64702
requirements ~~and permit~~. On request, representatives of the	64703
department of developmental disabilities shall be given access to	64704
the evidence ~~on request~~.	64705

(I) ~~All fees collected pursuant to this section shall be~~	64706
~~deposited in the state treasury to the credit of the program fee~~	64707
~~fund created under section 5123.033 of the Revised Code.~~	64708

~~(J) Employees of entities that contract with county boards of~~	64709
~~developmental disabilities to operate programs and services for~~	64710
~~individuals with mental retardation and developmental disabilities~~	64711
~~are subject to the certification and registration requirements~~	64712
~~established under section 5123.082 of the Revised Code~~The	64713
certification and registration requirements of this section and	64714
the rules adopted under it do not apply to either of the	64715
following:	64716

(1) A person who holds a valid license issued or certificate	64717
issued under Chapter 3319. of the Revised Code and performs no	64718
duties other than teaching or supervision of a teaching program;	64719

(2) A person who holds a valid license or certificate issued	64720
under Title XLVII of the Revised Code and performs only those	64721
duties governed by the license or certificate.	64722

Sec. 5126.251. On receipt of a notice pursuant to section	64723
3123.43 of the Revised Code, the director of developmental	64724
disabilities or the superintendent of a county board of	64725
developmental disabilities shall comply with sections 3123.41 to	64726
3123.50 of the Revised Code and any applicable rules adopted under	64727
section 3123.63 of the Revised Code with respect to ~~a certificate~~	64728
a person's certification or ~~evidence of~~ registration ~~issued~~	64729
~~pursuant to this chapter~~under section 5126.25 of the Revised	64730
Code.	64731

Sec. 5126.51. As used in sections 5126.51 to 5126.62 of the	64732
Revised Code:	64733

(A) "Develop" or "development," in contexts not referring to	64734
developmental disabilities, means construction or rehabilitation.	64735

(B) "Eligible lending institution" means a financial	64736
institution that meets all of the following requirements:	64737

(1) Is eligible to make commercial loans;

64738

(2) Has an office located within the territorial limits of	64739
the county;	64740

(3) Is an institution into which the county's investing	64741
authority may deposit the public moneys of the county;	64742

(4) Holds itself out as participating in the residential	64743
facility linked deposit program.	64744

64745

~~(1) A~~a nonprofit corporation that has as its primary	64746
activity the development or operation of a residential facility;	64747

~~(2) A nonprofit corporation certified under section 5123.192~~	64748
~~of the Revised Code~~.	64749

(D) "Investing authority" has the same meaning as in section	64750
135.31 of the Revised Code.	64751

(E) "Residential facility" has the same meaning as in section	64752
5123.19 of the Revised Code ~~and also includes a residence where a~~	64753
~~nonprofit corporation certified under section 5123.192 of the~~	64754
~~Revised Code provides or proposes to provide supported living for~~	64755
~~individuals with mental retardation or developmental disabilities~~.	64756

(F) "Residential facility linked deposit program" means the	64757
linked deposit program provided for in sections 5126.51 to 5126.62	64758
of the Revised Code. A "residential facility linked deposit" is a	64759
deposit of public moneys of the county under, and for the purposes	64760
of, the residential facility linked deposit program. A	64761
"residential facility linked deposit loan" is a loan under, and	64762
for the purposes of, the residential facility linked deposit	64763
program.	64764

Sec. 5139.41. The appropriation made to the department of	64765
youth services for care and custody of felony delinquents shall be	64766
expended in accordance with the following procedure that the	64767
department shall use for each year of a biennium. The procedure	64768
shall be consistent with sections 5139.41 to 5139.43 of the	64769
Revised Code and shall be developed in accordance with the	64770
following guidelines:	64771

(A) The line item appropriation for the care and custody of	64772
felony delinquents shall provide funding for operational costs for	64773
the following:	64774

(1) Institutions and the diagnosis, care, or treatment of	64775
felony delinquents at facilities pursuant to contracts entered	64776
into under section 5139.08 of the Revised Code;	64777

(2) Community corrections facilities constructed,	64778
reconstructed, improved, or financed as described in section	64779
5139.36 of the Revised Code for the purpose of providing	64780
alternative placement and services for felony delinquents who have	64781
been diverted from care and custody in institutions;	64782

(3) County juvenile courts that administer programs and	64783
services for prevention, early intervention, diversion, treatment,	64784
and rehabilitation services and programs that are provided for	64785
alleged or adjudicated unruly or delinquent children or for	64786
children who are at risk of becoming unruly or delinquent	64787
children;	64788

(4) Administrative expenses the department incurs in	64789
connection with the felony delinquent care and custody programs	64790
described in section 5139.43 of the Revised Code.	64791

(B) From the appropriated line item for the care and custody	64792
of felony delinquents, the department, with the advice of the	64793
RECLAIM advisory committee established under section 5139.44 of	64794
the Revised Code, shall allocate annual operational funds for	64795
county juvenile programs, institutional care and custody,	64796
community corrections facilities care and custody, and	64797
administrative expenses incurred by the department associated with	64798
felony delinquent care and custody programs. The department, with	64799
the advice of the RECLAIM advisory committee, shall adjust these	64800
allocations, when modifications to this line item are made by	64801
legislative or executive action.	64802

(C) The department shall divide county juvenile program	64803
allocations among county juvenile courts that administer programs	64804
and services for prevention, early intervention, diversion,	64805
treatment, and rehabilitation that are provided for alleged or	64806
adjudicated unruly or delinquent children or for children who are	64807
at risk of becoming unruly or delinquent children. The department	64808
shall base funding on the county's previous year's ratio of the	64809
department's institutional and community correctional facilities	64810
commitments to that county's ~~four year~~ average of felony	64811
adjudications, as specified in the following formula:	64812

(1) The department shall give to each county a proportional	64813
allocation of commitment credits. The proportional allocation of	64814
commitment credits shall be calculated by the following	64815
procedures:	64816

(a) The department shall determine for each county and for	64817
the state ~~a four year~~an average of felony adjudications.	64818
Beginning July 1, 2012, the average shall include felony	64819
adjudications for fiscal year 2007 and for each subsequent fiscal	64820
year through fiscal year 2016. Beginning July 1, 2017, the most	64821
recent felony adjudication data shall be included and the oldest	64822
fiscal year data shall be removed so that a ten-year average of	64823
felony adjudication data will be maintained.	64824

(b) The department shall determine for each county and for	64825
the state the number of charged bed days, for both the department	64826
and community correctional facilities, from the previous year.	64827

(c) The department shall divide the statewide total number of	64828
charged bed days by the statewide total number of felony	64829
adjudications, which quotient shall then be multiplied by a factor	64830
determined by the department.	64831

(d) The department shall calculate the county's allocation of	64832
credits by multiplying the number of adjudications for each court	64833
by the result determined pursuant to division (C)(1)(c) of this	64834
section.	64835

(2) The department shall subtract from the allocation	64836
determined pursuant to division (C)(1) of this section a credit	64837
for every chargeable bed day a youth stays in a department	64838
institution and two-thirds of credit for every chargeable bed day	64839
a youth stays in a community correctional facility, except for	64840
public safety beds. At the end of the year, the department shall	64841
divide the amount of remaining credits of that county's allocation	64842
by the total number of remaining credits to all counties, to	64843
determine the county's percentage, which shall then be applied to	64844
the total county allocation to determine the county's payment for	64845
the fiscal year.	64846

(3) The department shall pay counties three times during the	64847
fiscal year to allow for credit reporting and audit adjustments,	64848
and modifications to the appropriated line item for the care and	64849
custody of felony delinquents, as described in this section. The	64850
department shall pay fifty per cent of the payment by the	64851
fifteenth of July of each fiscal year, twenty-five per cent by the	64852
fifteenth of January of that fiscal year, and twenty-five per cent	64853
of the payment by the fifteenth of June of that fiscal year.	64854

~~(D) In fiscal year 2004, the payment of county juvenile~~	64855
~~programs shall be based on the following procedure:~~	64856

~~(1) The department shall divide the funding earned by each~~	64857
~~court in fiscal year 2003 by the aggregate funding of all courts,~~	64858
~~resulting in a percentage.~~	64859

~~(2) The department shall apply the percentage determined~~	64860
~~under division (D)(1) of this section to the total county juvenile~~	64861
~~program allocation for fiscal year 2004 to determine each court's~~	64862
~~total payment.~~	64863

~~(3) The department shall make payments in accordance with the~~	64864
~~schedule established in division (C)(3) of this section.~~	64865

Sec. 5139.43. (A) The department of youth services shall	64866
operate a felony delinquent care and custody program that shall be	64867
operated in accordance with the formula developed pursuant to	64868
section 5139.41 of the Revised Code, subject to the conditions	64869
specified in this section.	64870

(B)(1) Each juvenile court shall use the moneys disbursed to	64871
it by the department of youth services pursuant to division (B) of	64872
section 5139.41 of the Revised Code in accordance with the	64873
applicable provisions of division (B)(2) of this section and shall	64874
transmit the moneys to the county treasurer for deposit in	64875
accordance with this division. The county treasurer shall create	64876
in the county treasury a fund that shall be known as the felony	64877
delinquent care and custody fund and shall deposit in that fund	64878
the moneys disbursed to the juvenile court pursuant to division	64879
(B) of section 5139.41 of the Revised Code. The county treasurer	64880
also shall deposit into that fund the state subsidy funds granted	64881
to the county pursuant to section 5139.34 of the Revised Code. The	64882
moneys disbursed to the juvenile court pursuant to division (B) of	64883
section 5139.41 of the Revised Code and deposited pursuant to this	64884
division in the felony delinquent care and custody fund shall not	64885
be commingled with any other county funds except state subsidy	64886
funds granted to the county pursuant to section 5139.34 of the	64887
Revised Code; shall not be used for any capital construction	64888
projects; upon an order of the juvenile court and subject to	64889
appropriation by the board of county commissioners, shall be	64890
disbursed to the juvenile court for use in accordance with the	64891
applicable provisions of division (B)(2) of this section; shall	64892
not revert to the county general fund at the end of any fiscal	64893
year; and shall carry over in the felony delinquent care and	64894
custody fund from the end of any fiscal year to the next fiscal	64895
year. The maximum balance carry-over at the end of each respective	64896
fiscal year in the felony delinquent care and custody fund in any	64897
county from funds allocated to the county pursuant to sections	64898
5139.34 and 5139.41 of the Revised Code in the previous fiscal	64899
year shall not exceed an amount to be calculated as provided in	64900
the formula set forth in this division, unless that county has	64901
applied for and been granted an exemption by the director of youth	64902
services. Beginning June 30, 2008, the maximum balance carry-over	64903
at the end of each respective fiscal year shall be determined by	64904
the following formula: for fiscal year 2008, the maximum balance	64905
carry-over shall be one hundred per cent of the allocation for	64906
fiscal year 2007, to be applied in determining the fiscal year	64907
2009 allocation; for fiscal year 2009, it shall be fifty per cent	64908
of the allocation for fiscal year 2008, to be applied in	64909
determining the fiscal year 2010 allocation; for fiscal year 2010,	64910
it shall be twenty-five per cent of the allocation for fiscal year	64911
2009, to be applied in determining the fiscal year 2011	64912
allocation; and for each fiscal year subsequent to fiscal year	64913
2010, it shall be twenty-five per cent of the allocation for the	64914
immediately preceding fiscal year, to be applied in determining	64915
the allocation for the next immediate fiscal year. The department	64916
shall withhold from future payments to a county an amount equal to	64917
any moneys in the felony delinquent care and custody fund of the	64918
county that exceed the total maximum balance carry-over that	64919
applies for that county for the fiscal year in which the payments	64920
are being made and shall reallocate the withheld amount. The	64921
department shall adopt rules for the withholding and reallocation	64922
of moneys disbursed under sections 5139.34 and 5139.41 of the	64923
Revised Code and for the criteria and process for a county to	64924
obtain an exemption from the withholding requirement. The moneys	64925
disbursed to the juvenile court pursuant to division (B) of	64926
section 5139.41 of the Revised Code and deposited pursuant to this	64927
division in the felony delinquent care and custody fund shall be	64928
in addition to, and shall not be used to reduce, any usual annual	64929
increase in county funding that the juvenile court is eligible to	64930
receive or the current level of county funding of the juvenile	64931
court and of any programs or services for delinquent children,	64932
unruly children, or juvenile traffic offenders.	64933

(2)(a) A county and the juvenile court that serves the county	64934
shall use the moneys in its felony delinquent care and custody	64935
fund in accordance with rules that the department of youth	64936
services adopts pursuant to division (D) of section 5139.04 of the	64937
Revised Code and as follows:	64938

(i) The moneys in the fund that represent state subsidy funds	64939
granted to the county pursuant to section 5139.34 of the Revised	64940
Code shall be used to aid in the support of prevention, early	64941
intervention, diversion, treatment, and rehabilitation programs	64942
that are provided for alleged or adjudicated unruly children or	64943
delinquent children or for children who are at risk of becoming	64944
unruly children or delinquent children. The county shall not use	64945
for capital improvements more than fifteen per cent of the moneys	64946
in the fund that represent the applicable annual grant of those	64947
state subsidy funds.	64948

(ii) The moneys in the fund that were disbursed to the	64949
juvenile court pursuant to division (B) of section 5139.41 of the	64950
Revised Code and deposited pursuant to division (B)(1) of this	64951
section in the fund shall be used to provide programs and services	64952
for the training, treatment, or rehabilitation of felony	64953
delinquents that are alternatives to their commitment to the	64954
department, including, but not limited to, community residential	64955
programs, day treatment centers, services within the home, and	64956
electronic monitoring, and shall be used in connection with	64957
training, treatment, rehabilitation, early intervention, or other	64958
programs or services for any delinquent child, unruly child, or	64959
juvenile traffic offender who is under the jurisdiction of the	64960
juvenile court.	64961

The fund also may be used for prevention, early intervention,	64962
diversion, treatment, and rehabilitation programs that are	64963
provided for alleged or adjudicated unruly children, delinquent	64964
children, or juvenile traffic offenders or for children who are at	64965
risk of becoming unruly children, delinquent children, or juvenile	64966
traffic offenders. Consistent with division (B)(1) of this	64967
section, a county and the juvenile court of a county shall not use	64968
any of those moneys for capital construction projects.	64969

(iii) Moneys in the fund shall not be used to support	64970
programs or services that do not comply with federal juvenile	64971
justice and delinquency prevention core requirements or to support	64972
programs or services that research has shown to be ineffective.	64973
~~Moneys in the fund shall be prioritized to research-supported~~	64974
Research-supported, outcome-based programs and services, to the	64975
extent they are available, shall be encouraged.	64976

(iv) The county and the juvenile court that serves the county	64977
may use moneys in the fund to provide out-of-home placement of	64978
children only in detention centers, community rehabilitation	64979
centers, or community corrections facilities approved by the	64980
department pursuant to standards adopted by the department,	64981
licensed by an authorized state agency, or accredited by the	64982
American correctional association or another national organization	64983
recognized by the department.	64984

(b) Each juvenile court shall comply with division (B)(3)(d)	64985
of this section as implemented by the department. If a juvenile	64986
court fails to comply with division (B)(3)(d) of this section, the	64987
department shall not be required to make any disbursements in	64988
accordance with division (C) ~~or (D)~~ of section 5139.41 or division	64989
(C)(2) of section 5139.34 of the Revised Code.	64990

(3) In accordance with rules adopted by the department	64991
pursuant to division (D) of section 5139.04 of the Revised Code,	64992
each juvenile court and the county served by that juvenile court	64993
shall do all of the following that apply:	64994

(a) The juvenile court shall prepare an annual grant	64995
agreement and application for funding that satisfies the	64996
requirements of this section and section 5139.34 of the Revised	64997
Code and that pertains to the use, upon an order of the juvenile	64998
court and subject to appropriation by the board of county	64999
commissioners, of the moneys in its felony delinquent care and	65000
custody fund for specified programs, care, and services as	65001
described in division (B)(2)(a) of this section, shall submit that	65002
agreement and application to the county family and children first	65003
council, the regional family and children first council, or the	65004
local intersystem services to children cluster as described in	65005
sections 121.37 and 121.38 of the Revised Code, whichever is	65006
applicable, and shall file that agreement and application with the	65007
department for its approval. The annual grant agreement and	65008
application for funding shall include a method of ensuring equal	65009
access for minority youth to the programs, care, and services	65010
specified in it.	65011

The department may approve an annual grant agreement and	65012
application for funding only if the juvenile court involved has	65013
complied with the preparation, submission, and filing requirements	65014
described in division (B)(3)(a) of this section. If the juvenile	65015
court complies with those requirements and the department approves	65016
that agreement and application, the juvenile court and the county	65017
served by the juvenile court may expend the state subsidy funds	65018
granted to the county pursuant to section 5139.34 of the Revised	65019
Code only in accordance with division (B)(2)(a) of this section,	65020
the rules pertaining to state subsidy funds that the department	65021
adopts pursuant to division (D) of section 5139.04 of the Revised	65022
Code, and the approved agreement and application.	65023

(b) By the thirty-first day of August of each year, the	65024
juvenile court shall file with the department a report that	65025
contains all of the statistical and other information for each	65026
month of the prior state fiscal year. If the juvenile court fails	65027
to file the report required by division (B)(3)(b) of this section	65028
by the thirty-first day of August of any year, the department	65029
shall not disburse any payment of state subsidy funds to which the	65030
county otherwise is entitled pursuant to section 5139.34 of the	65031
Revised Code and shall not disburse pursuant to division (B) of	65032
section 5139.41 of the Revised Code the applicable allocation	65033
until the juvenile court fully complies with division (B)(3)(b) of	65034
this section.	65035

(c) If the department requires the juvenile court to prepare	65036
monthly statistical reports and to submit the reports on forms	65037
provided by the department, the juvenile court shall file those	65038
reports with the department on the forms so provided. If the	65039
juvenile court fails to prepare and submit those monthly	65040
statistical reports within the department's timelines, the	65041
department shall not disburse any payment of state subsidy funds	65042
to which the county otherwise is entitled pursuant to section	65043
5139.34 of the Revised Code and shall not disburse pursuant to	65044
division (B) of section 5139.41 of the Revised Code the applicable	65045
allocation until the juvenile court fully complies with division	65046
(B)(3)(c) of this section. If the juvenile court fails to prepare	65047
and submit those monthly statistical reports within one hundred	65048
eighty days of the date the department establishes for their	65049
submission, the department shall not disburse any payment of state	65050
subsidy funds to which the county otherwise is entitled pursuant	65051
to section 5139.34 of the Revised Code and shall not disburse	65052
pursuant to division (B) of section 5139.41 of the Revised Code	65053
the applicable allocation, and the state subsidy funds and the	65054
remainder of the applicable allocation shall revert to the	65055
department. If a juvenile court states in a monthly statistical	65056
report that the juvenile court adjudicated within a state fiscal	65057
year five hundred or more children to be delinquent children for	65058
committing acts that would be felonies if committed by adults and	65059
if the department determines that the data in the report may be	65060
inaccurate, the juvenile court shall have an independent auditor	65061
or other qualified entity certify the accuracy of the data on a	65062
date determined by the department.	65063

(d) If the department requires the juvenile court and the	65064
county to participate in a fiscal monitoring program or another	65065
monitoring program that is conducted by the department to ensure	65066
compliance by the juvenile court and the county with division (B)	65067
of this section, the juvenile court and the county shall	65068
participate in the program and fully comply with any guidelines	65069
for the performance of audits adopted by the department pursuant	65070
to that program and all requests made by the department pursuant	65071
to that program for information necessary to reconcile fiscal	65072
accounting. If an audit that is performed pursuant to a fiscal	65073
monitoring program or another monitoring program described in this	65074
division determines that the juvenile court or the county used	65075
moneys in the county's felony delinquent care and custody fund for	65076
expenses that are not authorized under division (B) of this	65077
section, within forty-five days after the department notifies the	65078
county of the unauthorized expenditures, the county either shall	65079
repay the amount of the unauthorized expenditures from the county	65080
general revenue fund to the state's general revenue fund or shall	65081
file a written appeal with the department. If an appeal is timely	65082
filed, the director of the department shall render a decision on	65083
the appeal and shall notify the appellant county or its juvenile	65084
court of that decision within forty-five days after the date that	65085
the appeal is filed. If the director denies an appeal, the	65086
county's fiscal agent shall repay the amount of the unauthorized	65087
expenditures from the county general revenue fund to the state's	65088
general revenue fund within thirty days after receiving the	65089
director's notification of the appeal decision.	65090

(C) The determination of which county a reduction of the care	65091
and custody allocation will be charged against for a particular	65092
youth shall be made as outlined below for all youths who do not	65093
qualify as public safety beds. The determination of which county a	65094
reduction of the care and custody allocation will be charged	65095
against shall be made as follows until each youth is released:	65096

(1) In the event of a commitment, the reduction shall be	65097
charged against the committing county.	65098

(2) In the event of a recommitment, the reduction shall be	65099
charged against the original committing county until the	65100
expiration of the minimum period of institutionalization under the	65101
original order of commitment or until the date on which the youth	65102
is admitted to the department of youth services pursuant to the	65103
order of recommitment, whichever is later. Reductions of the	65104
allocation shall be charged against the county that recommitted	65105
the youth after the minimum expiration date of the original	65106
commitment.	65107

(3) In the event of a revocation of a release on parole, the	65108
reduction shall be charged against the county that revokes the	65109
youth's parole.	65110

(D) A juvenile court is not precluded by its allocation	65111
amount for the care and custody of felony delinquents from	65112
committing a felony delinquent to the department of youth services	65113
for care and custody in an institution or a community corrections	65114
facility when the juvenile court determines that the commitment is	65115
appropriate.	65116

Sec. 5139.511. Before a youth is released from a secure	65117
facility under the control of the department of youth services,	65118
the department of youth services shall attempt to verify the	65119
youth's identification and social security number. If the	65120
department is able to verify the youth's identity with a verified	65121
birth certificate and social security number, the department shall	65122
issue an identification card that the youth may present to the	65123
registrar or deputy registrar of motor vehicles. If the department	65124
is not able to verify the youth's identity with both a verified	65125
birth certificate and social security number, the youth shall not	65126
receive an identification card under this section.	65127

Sec. 5149.311. (A) The department of rehabilitation and	65128
correction shall establish and administer the probation	65129
improvement grant and the probation incentive grant for ~~court of~~	65130
~~common pleas~~ probation departments that supervise ~~felony~~ offenders	65131
sentenced by courts of common pleas or municipal courts.	65132

(B)(1) The probation improvement grant shall provide funding	65133
to court ~~of common pleas~~ probation departments to adopt policies	65134
and practices based on the latest research on how to reduce the	65135
number of ~~felony~~ offenders on probation supervision who violate	65136
the conditions of their supervision.	65137

(2) The department shall adopt rules for the distribution of	65138
the probation improvement grant, including the formula for the	65139
allocation of the subsidy based on the number of ~~felony~~ offenders	65140
placed on probation annually in each jurisdiction.	65141

(C)(1) The probation incentive grant shall provide a	65142
performance-based level of funding to court ~~of common pleas~~	65143
probation departments that are successful in reducing the number	65144
of felony offenders on probation supervision whose terms of	65145
supervision are revoked.	65146

(2) The department shall calculate annually any cost savings	65147
realized by the state from a reduction in the percentage of people	65148
who are incarcerated because their terms of supervised probation	65149
were revoked. The cost savings estimate shall be calculated for	65150
each ~~county~~jurisdiction served by the probation department	65151
eligible for a grant under this section and be based on the	65152
difference from fiscal year 2010 and the fiscal year under	65153
examination.	65154

(3) The department shall adopt rules that specify the subsidy	65155
amount to be appropriated to court ~~of common pleas~~ probation	65156
departments that successfully reduce the percentage of people on	65157
probation who are incarcerated because their terms of supervision	65158
are revoked.	65159

(D) The following stipulations apply to both the probation	65160
improvement grant and the probation incentive grant:	65161

(1) In order to be eligible for the probation improvement	65162
grant and the probation incentive grant, courts of common pleas	65163
must satisfy all requirements under sections 2301.27 and 2301.30	65164
of the Revised Code ~~and, except~~. Except for sentencing decisions	65165
made by a court when use of the risk assessment tool is	65166
discretionary, in order to be eligible for the probation	65167
improvement grant and the probation incentive grant, a court must	65168
utilize the single validated risk assessment tool selected by the	65169
department of rehabilitation and correction under section 5120.114	65170
of the Revised Code.	65171

(2) The department may deny a subsidy under this section to	65172
any applicant if the applicant fails to comply with the terms of	65173
any agreement entered into pursuant to any of the provisions of	65174
this section.	65175

(3) The department shall evaluate or provide for the	65176
evaluation of the policies, practices, and programs the court of	65177
~~common pleas~~ probation departments utilize with the programs of	65178
subsidies established under this section and establish means of	65179
measuring their effectiveness.	65180

(4) The department shall specify the policies, practices, and	65181
programs for which court ~~of common pleas~~ probation departments may	65182
use the program subsidy and shall establish minimum standards of	65183
quality and efficiency that recipients of the subsidy must follow.	65184
The department shall give priority to supporting evidence-based	65185
policies and practices, as defined by the department.	65186

Sec. 5501.03. (A) The department of transportation shall:

65187

(1) Exercise and perform such other duties, powers, and	65188
functions as are conferred by law on the director, the department,	65189
the assistant directors, the deputy directors, or on the divisions	65190
of the department;	65191

(2) Coordinate and develop, in cooperation with local,	65192
regional, state, and federal planning agencies and authorities,	65193
comprehensive and balanced state policy and planning to meet	65194
present and future needs for adequate transportation facilities in	65195
this state, including recommendations for adequate funding of the	65196
implementation of such planning;	65197

(3) Coordinate its activities with those of other appropriate	65198
state departments, public agencies, and authorities, and enter	65199
into any contracts with such departments, agencies, and	65200
authorities as may be necessary to carry out its duties, powers,	65201
and functions;	65202

(4) Cooperate with and assist the public utilities commission	65203
in the commission's administration of sections 4907.47 to 4907.476	65204
of the Revised Code, particularly with respect to the federal	65205
highway administration;	65206

(5) Cooperate with and assist the Ohio power siting board in	65207
the board's administration of Chapter 4906. of the Revised Code;	65208

(6) Give particular consideration to the development of	65209
policy and planning for public transportation facilities, and to	65210
the coordination of associated activities relating thereto, as	65211
prescribed under divisions (A)(2) and (3) of this section;	65212

(7) Conduct, in cooperation with the Ohio legislative service	65213
commission, any studies or comparisons of state traffic laws and	65214
local traffic ordinances with model laws and ordinances that may	65215
be required to meet program standards adopted by the United States	65216
department of transportation pursuant to the "Highway Safety Act	65217
of 1966," 80 Stat. 731, U.S.C.A. 401;	65218

(8) Prepare, print, distribute, and advertise books, maps,	65219
pamphlets, and other information that, in the judgment of the	65220
director, will inform the public and other governmental	65221
departments, agencies, and authorities as to the duties, powers,	65222
and functions of the department;	65223

(9) In its research and development program, consider	65224
technologies for improving roadways, including construction	65225
techniques and materials to prolong project life, being used or	65226
developed by other states that have geographic, geologic, or	65227
climatic features similar to this state's, and collaborate with	65228
those states in that development.	65229

(B) Nothing contained in division (A)(1) of this section	65230
shall be held to in any manner affect, limit, restrict, or	65231
otherwise interfere with the exercise of powers relating to	65232
transportation facilities by appropriate agencies of the federal	65233
government, or by counties, municipal corporations, or other	65234
political subdivisions or special districts in this state	65235
authorized by law to exercise such powers.	65236

(C) The department may use all appropriate sources of revenue	65237
to assist in the development and implementation of rail service as	65238
defined by division (C) of section 4981.01 of the Revised Code.	65239

(D) The director of transportation may enter into contracts	65240
with public agencies including political subdivisions, other state	65241
agencies, boards, commissions, regional transit authorities,	65242
county transit boards, and port authorities, to administer the	65243
design, qualification of bidders, competitive bid letting,	65244
construction inspection, and acceptance of any projects	65245
administered by the department, provided the administration of	65246
such projects is performed in accordance with all applicable state	65247
and federal laws and regulations with oversight by the department.	65248

(E) The director may enter into cooperative or contractual	65249
agreements with any individual, organization, or business related	65250
to the creation or promotion of a traveler information program.	65251
The traveler information program shall provide real-time traffic	65252
conditions and travel time information to travelers by telephone,	65253
text message, internet, or other similar means at no cost to the	65254
traveler. The director may contract with a program manager for the	65255
traveler information program. The program manager shall be	65256
responsible for all costs associated with the development and	65257
operation of the traveler information program. The compensation	65258
due to a program manager or vendor under any of these agreements	65259
may include deferred compensation in an amount determined by the	65260
director. Excess revenue shall be remitted to the department for	65261
deposit into the highway operating fund.	65262

(F) Any materials or data submitted to, made available to, or	65263
received by the director of transportation, to the extent that the	65264
materials or data consist of trade secrets, as defined in section	65265
1333.61 of the Revised Code, or commercial or financial	65266
information, are confidential and are not public records for the	65267
purposes of section 149.43 of the Revised Code.	65268

Sec. 5501.04. ~~The following divisions are hereby established~~	65269
~~in the department of transportation:~~	65270

~~(A) The division of business services;~~

65271

~~(B) The division of engineering policy;~~

65272

~~(C) The division of finance;~~

65273

~~(D) The division of human resources;~~

65274

~~(E) The division of information technology;~~

65275

~~(F) The division of multi-modal planning and programs;~~

65276

~~(G) The division of project management;~~

65277

~~(H) The division of equal opportunity.~~

65278

~~The~~Pursuant to section 5501.02 of the Revised Code, the	65279
director of transportation shall distribute the duties, powers,	65280
and functions of the department among the divisions of the	65281
department.	65282

Each division shall be headed by a deputy director, whose	65283
title shall be designated by the director, and shall include those	65284
other officers and employees as may be necessary to carry out the	65285
work of the division. ~~The director shall appoint the~~Each deputy	65286
director of each division~~, who~~ shall be in the unclassified civil	65287
service of the state and shall serve at the pleasure of the	65288
director. The director ~~shall supervise the work of each division~~	65289
~~and~~ shall be responsible for the determination of general policies	65290
in the performance of the duties, powers, and functions of the	65291
department and of each division. The director shall have complete	65292
executive charge of the department, shall be responsible for the	65293
organization, direction, and supervision of the work of the	65294
department and the performance of the duties, powers, and	65295
functions assigned to each division, and may establish necessary	65296
administrative units therein. ~~The~~Each deputy director of each	65297
division, with the approval of the director and subject to Chapter	65298
124. of the Revised Code, shall appoint the necessary employees of	65299
the division and may remove such employees for cause.	65300

~~The division of equal opportunity shall ensure that minority~~	65301
~~groups and all groups protected by state and federal civil rights~~	65302
~~laws are afforded equal opportunity to be recruited, trained, and~~	65303
~~work in the employment of or on projects of the department of~~	65304
~~transportation, and to participate in contracts awarded by the~~	65305
~~department. The director of transportation each year shall report~~	65306
~~to the governor and the general assembly on the division's~~	65307
~~activities and accomplishments.~~	65308

Sec. 5501.07. In addition to those duties, powers, and	65309
functions the director of transportation assigns to it, the office	65310
of ~~public transportation of the division of multi-modal planning~~	65311
~~and programs~~transit:	65312

(A) May issue grants from any public transportation grant	65313
appropriation to county transit boards, regional transit	65314
authorities, regional transit commissions, counties, municipal	65315
corporations, and private nonprofit organizations that operate or	65316
will operate a public transportation system.	65317

The director shall establish criteria for the distribution of	65318
such grants. These criteria may include and the director may	65319
consider each of the following:	65320

(1) The degree to which comprehensive regional transportation	65321
planning goals may be attained through a program for which a grant	65322
will be used;	65323

(2) The amount of local financial or other support of public	65324
transportation operations and facilities affected by the program;	65325

(3) The levels of existing service and fare;

65326

(4) The degree to which the proposed plan demonstrates	65327
approaches of potential value to other local transit boards,	65328
authorities, commissions, counties, municipal corporations, and	65329
private nonprofit organizations operating public transportation	65330
systems;	65331

(5) The degree to which the grant applicant will use state	65332
and local funds to match a federal grant;	65333

(6) Such other factors as the director determines.

65334

Any criteria established by the director for the distribution	65335
of such grants shall be consistent with the requirements of the	65336
United States department of transportation, or any administration	65337
in the department, including, but not limited to, the federal	65338
transit administration. The director may designate in the criteria	65339
certain dates after which applications for specified portions of	65340
the appropriations made for this purpose will not be accepted.	65341

(B) May issue grants from any elderly and handicapped transit	65342
fare assistance grant appropriation to county transit boards,	65343
regional transit authorities, regional transit commissions,	65344
counties, municipal corporations, and private nonprofit	65345
organizations that operate or will operate public transportation	65346
systems for the purpose of reducing the transit or paratransit	65347
fares of elderly or handicapped persons. The director shall	65348
establish criteria for the distribution of such grants.	65349

(C) May administer provisions of federal public	65350
transportation acts or programs applicable within the state,	65351
pursuant to an agreement entered into by the director with an	65352
appropriate official of the federal agency responsible for	65353
implementation of the federal acts or programs. The federal acts	65354
or programs shall include, but are not limited to, programs	65355
authorized under the "Act of July 5, 1994," 108 Stat. 785, 49	65356
U.S.C.A. 5301, as amended.	65357

(D) Shall furnish, upon request and within the limits of	65358
appropriated funds, guidance in technical or policy matters to a	65359
county transit board, regional transit authority, regional transit	65360
commission, county, municipal corporation, or private nonprofit	65361
organization that operates or proposes to operate a public	65362
transportation system, and provide assistance and liaison in the	65363
preparation and submission of applications for federal and state	65364
funds;	65365

(E) May apply for and accept grants or loans from any federal	65366
agency for the purpose of providing for the development or	65367
improvement of public transportation facilities or for the	65368
coordination of any activities related to the development or	65369
improvement of such facilities, and may provide any consideration	65370
from any public transportation grant appropriation and enter into	65371
any contracts that may be required in order to obtain such grants	65372
or loans from a federal agency.	65373

Sec. 5501.51. (A) The state shall reimburse a utility for	65374
the cost of relocation of utility facilities necessitated by the	65375
construction of a highway project only in the event that the	65376
utility can evidence a vested interest in the nature of a fee	65377
interest, an easement interest, or a lesser estate in the real	65378
property it occupies in the event that the utility possesses a	65379
vested interest in such property. The utility shall present	65380
evidence satisfactory to the state substantiating the cost of	65381
relocation. The director may audit all financial records which the	65382
director determines necessary to verify such actual costs.	65383

(B) The director of transportation may establish and enforce	65384
such rules and procedures as the director may determine to be	65385
necessary to assure consistency governing any and all aspects of	65386
the cost of utility relocations. The director may adopt such	65387
amendments to such rules as are necessary and within the	65388
guidelines of this section.	65389

65390

(1) "Cost of relocation" includes the actual cost paid by a	65391
utility directly attributable to relocation after deducting any	65392
increase in the value of the new facility and any salvage value	65393
derived from the old facility.	65394

(2) "Utility" includes publicly, privately, and cooperatively	65395
owned utilities that are subject to the authority of the public	65396
utilities commission of Ohio. "Utility" also includes a cable	65397
operator as defined in the "Cable Communications Policy Act of	65398
1984," 98 Stat. 2780, 47 U.S.C. 522, as amended by the	65399
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151, and	65400
includes the provision of other information or telecommunications	65401
services, or both, and an electric cooperative and a municipal	65402
electric utility, both as defined in section 4928.01 of the	65403
Revised Code.	65404

(3) "Actual cost" means those costs that are eligible for	65405
reimbursement in accordance with 23 C.F.R. 645, subparts A and B.	65406
The information the utility provides to confirm actual cost is not	65407
a public record under section 149.43 of the Revised Code.	65408

Sec. 5502.01. (A) The department of public safety shall	65409
administer and enforce the laws relating to the registration,	65410
licensing, sale, and operation of motor vehicles and the laws	65411
pertaining to the licensing of drivers of motor vehicles.	65412

The department shall compile, analyze, and publish statistics	65413
relative to motor vehicle accidents and the causes of them,	65414
prepare and conduct educational programs for the purpose of	65415
promoting safety in the operation of motor vehicles on the	65416
highways, and conduct research and studies for the purpose of	65417
promoting safety on the highways of this state.	65418

(B) The department shall administer the laws and rules	65419
relative to trauma and emergency medical services specified in	65420
Chapter 4765. of the Revised Code and any laws and rules relative	65421
to commercial medical transportation services as may be specified	65422
in Chapter 4766. of the Revised Code.	65423

(C) The department shall administer and enforce the laws	65424
contained in Chapters 4301. and 4303. of the Revised Code and	65425
enforce the rules and orders of the liquor control commission	65426
pertaining to retail liquor permit holders.	65427

(D) The department shall administer the laws governing the	65428
state emergency management agency and shall enforce all additional	65429
duties and responsibilities as prescribed in the Revised Code	65430
related to emergency management services.	65431

(E) The department shall conduct investigations pursuant to	65432
Chapter 5101. of the Revised Code in support of the duty of the	65433
department of job and family services to administer the	65434
supplemental nutrition assistance program throughout this state.	65435
The department of public safety shall conduct investigations	65436
necessary to protect the state's property rights and interests in	65437
the supplemental nutrition assistance program.	65438

(F) The department of public safety shall enforce compliance	65439
with orders and rules of the public utilities commission and	65440
applicable laws in accordance with Chapters ~~4919.~~4905., 4921.,	65441
and 4923. of the Revised Code regarding commercial motor vehicle	65442
transportation safety, economic, and hazardous materials	65443
requirements.	65444

(G) Notwithstanding Chapter 4117. of the Revised Code, the	65445
department of public safety may establish requirements for its	65446
enforcement personnel, including its enforcement agents described	65447
in section 5502.14 of the Revised Code, that include standards of	65448
conduct, work rules and procedures, and criteria for eligibility	65449
as law enforcement personnel.	65450

(H) The department shall administer, maintain, and operate	65451
the Ohio criminal justice network. The Ohio criminal justice	65452
network shall be a computer network that supports state and local	65453
criminal justice activities. The network shall be an electronic	65454
repository for various data, which may include arrest warrants,	65455
notices of persons wanted by law enforcement agencies, criminal	65456
records, prison inmate records, stolen vehicle records, vehicle	65457
operator's licenses, and vehicle registrations and titles.	65458

(I) The department shall coordinate all homeland security	65459
activities of all state agencies and shall be a liaison between	65460
state agencies and local entities for those activities and related	65461
purposes.	65462

(J) Beginning July 1, 2004, the department shall administer	65463
and enforce the laws relative to private investigators and	65464
security service providers specified in Chapter 4749. of the	65465
Revised Code.	65466

(K) The department shall administer criminal justice services	65467
in accordance with sections 5502.61 to 5502.66 of the Revised	65468
Code.	65469

Sec. 5502.011. (A) As used in this section, "department of	65470
public safety" and "department" include all divisions within the	65471
department of public safety.	65472

(B) The director ~~of the department~~ of public safety is the	65473
chief executive and administrative officer of the department. The	65474
director may establish policies governing the department, the	65475
performance of its employees and officers, the conduct of its	65476
business, and the custody, use, and preservation of departmental	65477
records, papers, books, documents, and property. The director also	65478
may authorize and approve investigations to be conducted by any of	65479
the department's divisions. Whenever the Revised Code imposes a	65480
duty upon or requires an action of the department, the director	65481
may perform the action or duty in the name of the department or	65482
direct such performance to be performed by the director's	65483
designee.	65484

(C) In addition to any other duties enumerated in the Revised	65485
Code, the director or the director's designee shall do all of the	65486
following:	65487

(1) Administer and direct the performance of the duties of	65488
the department;	65489

(2) Pursuant to Chapter 119. of the Revised Code, approve,	65490
adopt, and prescribe such forms and rules as are necessary to	65491
carry out the duties of the department;	65492

(3) On behalf of the department and in addition to any	65493
authority the Revised Code otherwise grants to the department,	65494
have the authority and responsibility for approving and entering	65495
into contracts, agreements, and other business arrangements;	65496

(4) Make appointments for the department as needed to comply	65497
with requirements of the Revised Code;	65498

(5) Approve employment actions of the department, including	65499
appointments, promotions, discipline, investigations, and	65500
terminations;	65501

(6) Accept, hold, and use, for the benefit of the department,	65502
any gift, donation, bequest, or devise, and may agree to and	65503
perform all conditions of the gift, donation, bequest, or devise,	65504
that are not contrary to law;	65505

(7) Apply for, allocate, disburse, and account for grants	65506
made available under federal law or from other federal, state, or	65507
private sources;	65508

(8) Do all other acts necessary or desirable to carry out	65509
this chapter.	65510

(D)(1) The director of public safety may assess a reasonable	65511
fee, plus the amount of any charge or fee passed on from a	65512
financial institution, on a drawer or indorser for each of the	65513
following:	65514

(a) A check, draft, or money order that is returned or	65515
dishonored;	65516

(b) An automatic bank transfer that is declined, due to	65517
insufficient funds or for any other reason;	65518

(c) Any financial transaction device that is returned or	65519
dishonored for any reason.	65520

(2) The director shall deposit any fee collected under this	65521
division in an appropriate fund as determined by the director	65522
based on the tax, fee, or fine being paid.	65523

(3) As used in this division, "financial transaction device"	65524
has the same meaning as in section 113.40 of the Revised Code.	65525

(E) The director shall establish a homeland security advisory	65526
council to advise the director on homeland security, including	65527
homeland security funding efforts. The advisory council shall	65528
include, but not be limited to, state and local government	65529
officials who have homeland security or emergency management	65530
responsibilities and who represent first responders. The director	65531
shall appoint the members of the council, who shall serve without	65532
compensation.	65533

~~(F) The director of public safety shall adopt rules in~~	65534
~~accordance with Chapter 119. of the Revised Code as required by~~	65535
~~section 2909.28 of the Revised Code and division (A)(1) of section~~	65536
~~2909.32 of the Revised Code. The director shall adopt rules as~~	65537
~~required by division (D) of section 2909.32 of the Revised Code,~~	65538
~~division (E) of section 2909.33 of the Revised Code, and division~~	65539
~~(D) of section 2909.34 of the Revised Code. The director may adopt~~	65540
~~rules pursuant to division (A)(2) of section 2909.32 of the~~	65541
~~Revised Code, division (A)(2) of section 2909.33 of the Revised~~	65542
~~Code, and division (A)(2) of section 2909.34 of the Revised Code.~~	65543

~~Sec. 5503.21.~~ Sec. 5502.05. There is hereby created in the	65544
department of public safety, ~~division of state highway patrol,~~ a	65545
driver's license examination section ~~to be administered by the~~	65546
~~superintendent of the state highway patrol~~.	65547

The ~~superintendent, with the approval of the~~ director of	65548
public safety, may appoint necessary driver's license examiners	65549
and clerical personnel necessary to carry out the duties assigned	65550
under this section. The examiners shall be citizens of the United	65551
States and residents of the state and shall have such additional	65552
qualifications as the ~~superintendent, with the approval of the~~	65553
director, prescribes.	65554

The salaries and classifications of examiners and personnel	65555
shall be fixed in accordance with section 124.15 or 124.152 of the	65556
Revised Code.	65557

~~Sec. 5503.22.~~ Sec. 5502.06. Driver's license examiners assigned to	65558
the driver's license examination section shall conduct all	65559
examinations for driver's licenses as required by sections 4507.01	65560
to 4507.36 of the Revised Code, subject to the ~~regulations~~rules	65561
issued by the registrar of motor vehicles.	65562

~~Sec. 5503.23.~~ Sec. 5502.07. The ~~superintendent of the state~~	65563
~~highway patrol, with the approval of the~~ director of public	65564
safety, may conduct training schools for prospective driver's	65565
license examiners~~. The superintendent~~and may establish rules	65566
governing the qualifications for admission to such schools and	65567
provide for competitive examinations to determine the fitness of	65568
such students for prospective examiners, not inconsistent with the	65569
rules of the director of administrative services.	65570

Sec. 5503.02. (A) The state highway patrol shall enforce the	65571
laws of the state relating to the titling, registration, and	65572
licensing of motor vehicles; enforce on all roads and highways,	65573
notwithstanding section 4513.39 of the Revised Code, the laws	65574
relating to the operation and use of vehicles on the highways;	65575
enforce and prevent the violation of the laws relating to the	65576
size, weight, and speed of commercial motor vehicles and all laws	65577
designed for the protection of the highway pavements and	65578
structures on the highways; investigate and enforce rules and laws	65579
of the public utilities commission governing the transportation of	65580
persons and property by motor carriers and report violations of	65581
such rules and laws to the commission; enforce against any motor	65582
~~transportation company~~carrier as defined in section ~~4921.02~~	65583
4923.01 of the Revised Code~~, any contract carrier by motor vehicle~~	65584
~~as defined in section 4923.02 of the Revised Code, any private~~	65585
~~motor carrier as defined in section 4923.20 of the Revised Code,~~	65586
~~and any motor carrier as defined in section 4919.75 of the Revised~~	65587
~~Code~~ those rules and laws that, if violated, may result in a	65588
forfeiture as provided in section ~~4905.83, 4919.99, 4921.99, or~~	65589
4923.99 of the Revised Code; investigate and report violations of	65590
all laws relating to the collection of excise taxes on motor	65591
vehicle fuels; and regulate the movement of traffic on the roads	65592
and highways of the state, notwithstanding section 4513.39 of the	65593
Revised Code.	65594

The patrol, whenever possible, shall determine the identity	65595
of the persons who are causing or who are responsible for the	65596
breaking, damaging, or destruction of any improved surfaced	65597
roadway, structure, sign, marker, guardrail, or other appurtenance	65598
constructed or maintained by the department of transportation and	65599
shall arrest the persons who are responsible for the breaking,	65600
damaging, or destruction and bring them before the proper	65601
officials for prosecution.	65602

State highway patrol troopers shall investigate and report	65603
all motor vehicle accidents on all roads and highways outside of	65604
municipal corporations. The superintendent of the patrol or any	65605
state highway patrol trooper may arrest, without a warrant, any	65606
person, who is the driver of or a passenger in any vehicle	65607
operated or standing on a state highway, whom the superintendent	65608
or trooper has reasonable cause to believe is guilty of a felony,	65609
under the same circumstances and with the same power that any	65610
peace officer may make such an arrest.	65611

The superintendent or any state highway patrol trooper may	65612
enforce the criminal laws on all state properties and state	65613
institutions, owned or leased by the state, and, when so ordered	65614
by the governor in the event of riot, civil disorder, or	65615
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the	65616
Revised Code, arrest offenders against the criminal laws wherever	65617
they may be found within the state if the violations occurred	65618
upon, or resulted in injury to person or property on, state	65619
properties or state institutions, or under the conditions	65620
described in division (B) of this section. This authority of the	65621
superintendent and any state highway patrol trooper to enforce the	65622
criminal laws shall extend to any privately owned correctional	65623
facility housing Ohio inmates in this state, if the facility is	65624
being operated under an agreement with the department of	65625
rehabilitation and correction, to the same extent as if the	65626
facility were owned by this state.	65627

(B) In the event of riot, civil disorder, or insurrection, or	65628
the reasonable threat of riot, civil disorder, or insurrection,	65629
and upon request, as provided in this section, of the sheriff of a	65630
county or the mayor or other chief executive of a municipal	65631
corporation, the governor may order the state highway patrol to	65632
enforce the criminal laws within the area threatened by riot,	65633
civil disorder, or insurrection, as designated by the governor,	65634
upon finding that law enforcement agencies within the counties	65635
involved will not be reasonably capable of controlling the riot,	65636
civil disorder, or insurrection and that additional assistance is	65637
necessary. In cities in which the sheriff is under contract to	65638
provide exclusive police services pursuant to section 311.29 of	65639
the Revised Code, in villages, and in the unincorporated areas of	65640
the county, the sheriff has exclusive authority to request the use	65641
of the patrol. In cities in which the sheriff does not exclusively	65642
provide police services, the mayor, or other chief executive	65643
performing the duties of mayor, has exclusive authority to request	65644
the use of the patrol.	65645

The superintendent or any state highway patrol trooper may	65646
enforce the criminal laws within the area designated by the	65647
governor during the emergency arising out of the riot, civil	65648
disorder, or insurrection until released by the governor upon	65649
consultation with the requesting authority. State highway patrol	65650
troopers shall never be used as peace officers in connection with	65651
any strike or labor dispute.	65652

When a request for the use of the patrol is made pursuant to	65653
this division, the requesting authority shall notify the law	65654
enforcement authorities in contiguous communities and the sheriff	65655
of each county within which the threatened area, or any part of	65656
the threatened area, lies of the request, but the failure to	65657
notify the authorities or a sheriff shall not affect the validity	65658
of the request.	65659

(C) Any person who is arrested by the superintendent or a	65660
state highway patrol trooper shall be taken before any court or	65661
magistrate having jurisdiction of the offense with which the	65662
person is charged. Any person who is arrested or apprehended	65663
within the limits of a municipal corporation shall be brought	65664
before the municipal court or other tribunal of the municipal	65665
corporation.	65666

(D)(1) State highway patrol troopers have the same right and	65667
power of search and seizure as other peace officers.	65668

No state official shall command, order, or direct any state	65669
highway patrol trooper to perform any duty or service that is not	65670
authorized by law. The powers and duties conferred on the patrol	65671
are supplementary to, and in no way a limitation on, the powers	65672
and duties of sheriffs or other peace officers of the state.	65673

(2)(a) A state highway patrol trooper, pursuant to the policy	65674
established by the superintendent of the state highway patrol	65675
under division (D)(2)(b) of this section, may render emergency	65676
assistance to any other peace officer who has arrest authority	65677
under section 2935.03 of the Revised Code, if both of the	65678
following apply:	65679

(i) There is a threat of imminent physical danger to the	65680
peace officer, a threat of physical harm to another person, or any	65681
other serious emergency situation;	65682

(ii) Either the peace officer requests emergency assistance,	65683
or it appears that the peace officer is unable to request	65684
emergency assistance and the circumstances observed by the state	65685
highway patrol trooper reasonably indicate that emergency	65686
assistance is appropriate, or the peace officer requests emergency	65687
assistance and in the request the peace officer specifies a	65688
particular location and the state highway patrol trooper arrives	65689
at that location prior to the time that the peace officer arrives	65690
at that location and the circumstances observed by the state	65691
highway patrol trooper reasonably indicate that emergency	65692
assistance is appropriate.	65693

(b) The superintendent of the state highway patrol shall	65694
establish, within sixty days of August 8, 1991, a policy that sets	65695
forth the manner and procedures by which a state highway patrol	65696
trooper may render emergency assistance to any other peace officer	65697
under division (D)(2)(a) of this section. The policy shall include	65698
a provision that a state highway patrol trooper never be used as a	65699
peace officer in connection with any strike or labor dispute.	65700

(3)(a) A state highway patrol trooper who renders emergency	65701
assistance to any other peace officer under the policy established	65702
by the superintendent pursuant to division (D)(2)(b) of this	65703
section shall be considered to be performing regular employment	65704
for the purposes of compensation, pension, indemnity fund rights,	65705
workers' compensation, and other rights or benefits to which the	65706
trooper may be entitled as incident to regular employment.	65707

(b) A state highway patrol trooper who renders emergency	65708
assistance to any other peace officer under the policy established	65709
by the superintendent pursuant to division (D)(2)(b) of this	65710
section retains personal immunity from liability as specified in	65711
section 9.86 of the Revised Code.	65712

(c) A state highway patrol trooper who renders emergency	65713
assistance under the policy established by the superintendent	65714
pursuant to division (D)(2)(b) of this section has the same	65715
authority as the peace officer for or with whom the state highway	65716
patrol trooper is providing emergency assistance.	65717

(E)(1) Subject to the availability of funds specifically	65718
appropriated by the general assembly for security detail purposes,	65719
the state highway patrol shall provide security as follows:	65720

(a) For the governor;

65721

(b) At the direction of the governor, for other officials of	65722
the state government of this state; officials of the state	65723
governments of other states who are visiting this state; officials	65724
of the United States government who are visiting this state;	65725
officials of the governments of foreign countries or their	65726
political subdivisions who are visiting this state; or other	65727
officials or dignitaries who are visiting this state, including,	65728
but not limited to, members of trade missions;	65729

(c) For the capitol square, as defined in section 105.41 of	65730
the Revised Code;	65731

(d) For other state property.

65732

(2) To carry out the security responsibilities of the patrol	65733
listed in division (E)(1) of this section, the superintendent may	65734
assign state highway patrol troopers to a separate unit that is	65735
responsible for security details. The number of troopers assigned	65736
to particular security details shall be determined by the	65737
superintendent.	65738

(3) The superintendent and any state highway patrol trooper,	65739
when providing security pursuant to division (E)(1)(a) or (b) of	65740
this section, have the same arrest powers as other peace officers	65741
to apprehend offenders against the criminal laws who endanger or	65742
threaten the security of any person being protected, no matter	65743
where the offense occurs.	65744

The superintendent, any state highway patrol trooper, and any	65745
special police officer designated under section 5503.09 of the	65746
Revised Code, when providing security pursuant to division	65747
(E)(1)(c) of this section, shall enforce any rules governing	65748
capitol square adopted by the capitol square review and advisory	65749
board.	65750

(F) The governor may order the state highway patrol to	65751
undertake major criminal investigations that involve state	65752
property interests. If an investigation undertaken pursuant to	65753
this division results in either the issuance of a no bill or the	65754
filing of an indictment, the superintendent shall file a complete	65755
and accurate report of the investigation with the president of the	65756
senate, the speaker of the house of representatives, the minority	65757
leader of the senate, and the minority leader of the house of	65758
representatives within fifteen days after the issuance of the no	65759
bill or the filing of an indictment. If the investigation does not	65760
have as its result any prosecutorial action, the superintendent	65761
shall, upon reporting this fact to the governor, file a complete	65762
and accurate report of the investigation with the president of the	65763
senate, the speaker of the house of representatives, the minority	65764
leader of the senate, and the minority leader of the house of	65765
representatives.	65766

(G) The superintendent may purchase or lease real property	65767
and buildings needed by the patrol, negotiate the sale of real	65768
property owned by the patrol, rent or lease real property owned or	65769
leased by the patrol, and make or cause to be made repairs to all	65770
property owned or under the control of the patrol. Any instrument	65771
by which real property is acquired pursuant to this division shall	65772
identify the agency of the state that has the use and benefit of	65773
the real property as specified in section 5301.012 of the Revised	65774
Code.	65775

Sections 123.01 and 125.02 of the Revised Code do not limit	65776
the powers granted to the superintendent by this division.	65777

Sec. 5503.04. Forty-five per cent of the fines collected	65778
from or moneys arising from bail forfeited by persons apprehended	65779
or arrested by state highway patrol troopers shall be paid into	65780
the state treasury to be credited to the general revenue fund,	65781
five per cent shall be paid into the state treasury to be credited	65782
to the trauma and emergency medical services ~~grants~~ fund created	65783
by ~~division (E) of~~ section 4513.263 of the Revised Code, and fifty	65784
per cent shall be paid into the treasury of the municipal	65785
corporation where the case is prosecuted, if in a mayor's court.	65786
If the prosecution is in a trial court outside a municipal	65787
corporation, or outside the territorial jurisdiction of a	65788
municipal court, the fifty per cent of the fines and moneys that	65789
is not paid into the state treasury shall be paid into the	65790
treasury of the county where the case is prosecuted. The fines and	65791
moneys paid into a county treasury and the fines and moneys paid	65792
into the treasury of a municipal corporation shall be deposited	65793
one-half to the same fund and expended in the same manner as is	65794
the revenue received from the registration of motor vehicles, and	65795
one-half to the general fund of such county or municipal	65796
corporation.	65797

If the prosecution is in a municipal court, forty-five per	65798
cent of the fines and moneys shall be paid into the state treasury	65799
to be credited to the general revenue fund, five per cent shall be	65800
paid into the state treasury to be credited to the trauma and	65801
emergency medical services grants fund created by division (E) of	65802
section 4513.263 of the Revised Code, ten per cent shall be paid	65803
into the county treasury to be credited to the general fund of the	65804
county, and forty per cent shall be paid into the municipal	65805
treasury to be credited to the general fund of the municipal	65806
corporation. In the Auglaize county, Clermont county, Crawford	65807
county, Hocking county, Jackson county, Lawrence county, Madison	65808
county, Miami county, Ottawa county, Portage county, and Wayne	65809
county municipal courts, that portion of money otherwise paid into	65810
the municipal treasury shall be paid into the county treasury.	65811

The trial court shall make remittance of the fines and moneys	65812
as prescribed in this section, and at the same time as the	65813
remittance is made of the state's portion to the state treasury,	65814
the trial court shall notify the superintendent of the state	65815
highway patrol of the case and the amount covered by the	65816
remittance.	65817

This section does not apply to fines for violations of	65818
division (B) of section 4513.263 of the Revised Code, or for	65819
violations of any municipal ordinance that is substantively	65820
comparable to that division, all of which shall be delivered to	65821
the treasurer of state as provided in division (E) of section	65822
4513.263 of the Revised Code.	65823

Sec. 5503.34. There is hereby created in the department of	65824
public safety, division of state highway patrol, a motor carrier	65825
enforcement unit, to be administered by the superintendent of the	65826
state highway patrol. This unit shall be responsible for	65827
enforcement of commercial motor vehicle transportation safety,	65828
~~economic,~~ and hazardous materials requirements.	65829

The superintendent, with the approval of the director of	65830
public safety, may appoint and maintain necessary staff to carry	65831
out the duties assigned under this section.	65832

Employees of the motor carrier enforcement unit shall	65833
cooperate with the public utilities commission to enforce	65834
compliance with orders and rules of the commission, applicable	65835
laws under Chapters ~~4919~~4905., 4921., and 4923. of the Revised	65836
Code, and any other applicable laws or rules.	65837

Uniformed employees of the motor carrier enforcement unit may	65838
stop commercial motor vehicles for the exclusive purpose of	65839
inspecting such vehicles to enforce compliance with orders and	65840
rules of the public utilities commission as required by division	65841
(F) of section 5502.01 of the Revised Code.	65842

Sec. 5505.068. (A) As used in this section and in section	65843
5505.0610 of the Revised Code:	65844

(1) "Agent" means a dealer, as defined in section 1707.01 of	65845
the Revised Code, who is licensed under sections 1707.01 to	65846
1707.45 of the Revised Code or under comparable laws of another	65847
state or of the United States.	65848

(2) "Minority business enterprise" has the same meaning as in	65849
section 122.71 of the Revised Code.	65850

(3) "Ohio-qualified agent" means an agent designated as such	65851
by the state highway patrol retirement board.	65852

(4) "Ohio-qualified investment manager" means an investment	65853
manager designated as such by the state highway patrol retirement	65854
board.	65855

(5) "Principal place of business" means an office in which	65856
the agent regularly provides securities or investment advisory	65857
services and solicits, meets with, or otherwise communicates with	65858
clients.	65859

(B) The state highway patrol retirement board shall, for the	65860
purposes of this section, designate an agent as an Ohio-qualified	65861
agent if the agent meets all of the following requirements:	65862

(1) The agent is subject to taxation under Chapter 5725.,	65863
5726., 5733., or 5747. of the Revised Code.	65864

(2) The agent is authorized to conduct business in this	65865
state;	65866

(3) The agent maintains a principal place of business in this	65867
state and employs at least five residents of this state.	65868

(C) The state highway patrol retirement board shall adopt and	65869
implement a written policy to establish criteria and procedures	65870
used to select agents to execute securities transactions on behalf	65871
of the retirement system. The policy shall address each of the	65872
following:	65873

(1) Commissions charged by the agent, both in the aggregate	65874
and on a per share basis;	65875

(2) The execution speed and trade settlement capabilities of	65876
the agent;	65877

(3) The responsiveness, reliability, and integrity of the	65878
agent;	65879

(4) The nature and value of research provided by the agent;

65880

(5) Any special capabilities of the agent.

65881

(D)(1) The board shall, at least annually, establish a policy	65882
with the goal to increase utilization by the board of	65883
Ohio-qualified agents for the execution of domestic equity and	65884
fixed income trades on behalf of the retirement system, when an	65885
Ohio-qualified agent offers quality, services, and safety	65886
comparable to other agents otherwise available to the board and	65887
meets the criteria established under division (C) of this section.	65888

(2) The board shall review, at least annually, the	65889
performance of the agents that execute securities transactions on	65890
behalf of the board.	65891

(3) The board shall determine whether an agent is an	65892
Ohio-qualified agent, meets the criteria established by the board	65893
pursuant to division (C) of this section, and offers quality,	65894
services, and safety comparable to other agents otherwise	65895
available to the board. The board's determination shall be final.	65896

(E) The board shall, at least annually, submit to the Ohio	65897
retirement study council a report containing the following	65898
information:	65899

(1) The name of each agent designated as an Ohio-qualified	65900
agent under this section;	65901

(2) The name of each agent that executes securities	65902
transactions on behalf of the board;	65903

(3) The amount of equity and fixed-income trades that are	65904
executed by Ohio-qualified agents, expressed as a percentage of	65905
all equity and fixed-income trades that are executed by agents on	65906
behalf of the board;	65907

(4) The compensation paid to Ohio-qualified agents, expressed	65908
as a percentage of total compensation paid to all agents that	65909
execute securities transactions on behalf of the board;	65910

(5) The amount of equity and fixed-income trades that are	65911
executed by agents that are minority business enterprises,	65912
expressed as a percentage of all equity and fixed-income trades	65913
that are executed by agents on behalf of the board;	65914

(6) Any other information requested by the Ohio retirement	65915
study council regarding the board's use of agents.	65916

Sec. 5505.0610. (A) The state highway patrol retirement board	65917
shall, for the purposes of this section, designate an investment	65918
manager as an Ohio-qualified investment manager if the investment	65919
manager meets all of the following requirements:	65920

(1) The investment manager is subject to taxation under	65921
Chapter 5725., 5726., 5733., or 5747. of the Revised Code.	65922

(2) The investment manager meets one of the following	65923
requirements:	65924

(a) Has its corporate headquarters or principal place of	65925
business in this state;	65926

(b) Employs at least five hundred individuals in this state;

65927

(c) Has a principal place of business in this state and	65928
employs at least 20twenty residents of this state.	65929

(B)(1) The board shall, at least annually, establish a policy	65930
with the goal to increase utilization by the board of	65931
Ohio-qualified investment managers, when an Ohio-qualified	65932
investment manager offers quality, services, and safety comparable	65933
to other investment managers otherwise available to the board. The	65934
policy shall also provide for the following:	65935

(a) A process whereby the board can develop a list of	65936
Ohio-qualified investment managers and their investment products;	65937

(b) A process whereby the board can give public notice to	65938
Ohio-qualified investment managers of the board's search for an	65939
investment manager that includes the board's search criteria.	65940

(2) The board shall determine whether an investment manager	65941
is an Ohio-qualified investment manager and whether the investment	65942
manager offers quality, services, and safety comparable to other	65943
investment managers otherwise available to the board. The board's	65944
determination shall be final.	65945

(C) The board shall, at least annually, submit to the Ohio	65946
retirement study council a report containing the following	65947
information:	65948

(1) The name of each investment manager designated as an	65949
Ohio-qualified investment manager under this section;	65950

(2) The name of each investment manager with which the board	65951
contracts;	65952

(3) The amount of assets managed by Ohio-qualified investment	65953
managers, expressed as a percentage of the total assets held by	65954
the retirement system and as a percentage of assets managed by	65955
investment managers with which the board has contracted;	65956

(4) The compensation paid to Ohio-qualified investment	65957
managers, expressed as a percentage of total compensation paid to	65958
all investment managers with which the board has contracted;	65959

(5) Any other information requested by the Ohio retirement	65960
study council regarding the board's use of investment managers.	65961

Sec. 5701.12. (A) The effective date to which this section	65962
refers is the effective date of this section as enacted by H.B.	65963
487 of the 129th general assembly.	65964

(B) Any reference in Title LVII to "consolidated reports of	65965
condition and income" or "call report" means the consolidated	65966
reports of condition and income as those reports existed on the	65967
effective date.	65968

(C) Any reference in Title LVII to "FR Y-9" or "Y-9" means	65969
the FR Y-9 financial statements as those financial statements	65970
existed on the effective date.	65971

(D) This section does not apply to any reference in Title	65972
LVII of the Revised Code to "consolidated reports of condition and	65973
income," "call report," "FR Y-9," or "Y-9" as of a date certain	65974
specifying the day, month, and year.	65975

Sec. 5701.13. (A) As used in this section:

65976

(1) "Nursing home" means a nursing home or a home for the	65977
aging, as those terms are defined in section 3721.01 of the	65978
Revised Code, that is issued a license pursuant to section 3721.02	65979
of the Revised Code.	65980

(2) "Residential care facility" means a residential care	65981
facility, as defined in section 3721.01 of the Revised Code, that	65982
is issued a license pursuant to section 3721.02 of the Revised	65983
Code.	65984

(3) "~~Adult care~~Residential facility" means ~~an adult care~~a	65985
residential facility ~~as defined in~~licensed under section ~~5119.70~~	65986
5119.22 of the Revised Code that ~~is issued a license pursuant to~~	65987
~~section 5119.73 of the Revised Code~~provides accommodations,	65988
supervision, and personal care services for three to sixteen	65989
unrelated adults.	65990

(B) As used in Title LVII of the Revised Code, and for the	65991
purpose of other sections of the Revised Code that refer	65992
specifically to Chapter 5701. or section 5701.13 of the Revised	65993
Code, a "home for the aged" means either of the following:	65994

(1) A place of residence for aged and infirm persons that	65995
satisfies divisions (B)(1)(a) to (e) of this section:	65996

(a) It is a nursing home, residential care facility, or ~~adult~~	65997
~~care~~residential facility.	65998

(b) It is owned by a corporation, unincorporated association,	65999
or trust of a charitable, religious, or fraternal nature, which is	66000
organized and operated not for profit, which is not formed for the	66001
pecuniary gain or profit of, and whose net earnings or any part of	66002
whose net earnings is not distributable to, its members, trustees,	66003
officers, or other private persons, and which is exempt from	66004
federal income taxation under section 501 of the "Internal Revenue	66005
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	66006

(c) It is open to the public without regard to race, color,	66007
or national origin.	66008

(d) It does not pay, directly or indirectly, compensation for	66009
services rendered, interest on debts incurred, or purchase price	66010
for land, building, equipment, supplies, or other goods or	66011
chattels, which compensation, interest, or purchase price is	66012
unreasonably high.	66013

(e) It provides services for the life of each resident	66014
without regard to the resident's ability to continue payment for	66015
the full cost of the services.	66016

(2) A place of residence that satisfies divisions (B)(1)(b),	66017
(d), and (e) of this section; that satisfies the definition of	66018
"nursing home" or "residential care facility" under section	66019
3721.01 of the Revised Code or the definition of "~~adult care~~	66020
residential facility" under ~~section 5119.70 of the Revised Code~~	66021
division (A)(3) of this section regardless of whether it is	66022
licensed as such a home or facility; and that is provided at no	66023
charge to individuals on account of their service without	66024
compensation to a charitable, religious, fraternal, or educational	66025
institution, which individuals are aged or infirm and are members	66026
of the corporation, association, or trust that owns the place of	66027
residence. For the purposes of division (B)(2) of this section,	66028
"compensation" does not include furnishing room and board,	66029
clothing, health care, or other necessities, or stipends or other	66030
de minimis payments to defray the cost thereof.	66031

Exemption from taxation shall be accorded, on proper	66032
application, only to those homes or parts of homes which meet the	66033
standards and provide the services specified in this section.	66034

Nothing in this section shall be construed as preventing a	66035
home from requiring a resident with financial need to apply for	66036
any applicable financial assistance or requiring a home to retain	66037
a resident who willfully refuses to pay for services for which the	66038
resident has contracted even though the resident has sufficient	66039
resources to do so.	66040

(C)(1) If a corporation, unincorporated association, or trust	66041
described in division (B)(1)(b) of this section is granted a	66042
certificate of need pursuant to section 3702.52 of the Revised	66043
Code to construct, add to, or otherwise modify a nursing home, or	66044
is given approval pursuant to section 3791.04 of the Revised Code	66045
to construct, add to, or otherwise modify a residential care	66046
facility or ~~adult care~~residential facility and if the	66047
corporation, association, or trust submits an affidavit to the tax	66048
commissioner stating that, commencing on the date of licensure and	66049
continuing thereafter, the home or facility will be operated in	66050
accordance with the requirements of divisions (B)(1)(a) to (e) of	66051
this section, the corporation, association, or trust shall be	66052
considered to be operating a "home for the aged" within the	66053
meaning of division (B)(1) of this section, beginning on the first	66054
day of January of the year in which such certificate is granted or	66055
approval is given.	66056

(2) If a corporation, association, or trust is considered to	66057
be operating a "home for the aged" pursuant to division (C)(1) of	66058
this section, the corporation, association, or trust shall notify	66059
the tax commissioner in writing upon the occurrence of any of the	66060
following events:	66061

(a) The corporation, association, or trust no longer intends	66062
to complete the construction of, addition to, or modification of	66063
the home or facility, to obtain the appropriate license for the	66064
home or facility, or to commence operation of the home or facility	66065
in accordance with the requirements of divisions (B)(1)(a) to (e)	66066
of this section;	66067

(b) The certificate of approval referred to in division	66068
(C)(1) of this section expires, is revoked, or is otherwise	66069
terminated prior to the completion of the construction of,	66070
addition to, or modification of the home or facility;	66071

(c) The license to operate the home or facility is not	66072
granted by the director of health within one year following	66073
completion of the construction of, addition to, or modification of	66074
the home or facility;	66075

(d) The license to operate the home or facility is not	66076
granted by the director of health within four years following the	66077
date upon which the certificate or approval referred to in	66078
division (C)(1) of this section was granted or given;	66079

(e) The home or facility is granted a license to operate as a	66080
nursing home, residential care facility, or ~~adult care~~residential	66081
facility.	66082

(3) Upon the occurrence of any of the events referred to in	66083
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	66084
corporation, association, or trust shall no longer be considered	66085
to be operating a "home for the aged" pursuant to division (C)(1)	66086
of this section, except that the tax commissioner, for good cause	66087
shown and to the extent the commissioner considers appropriate,	66088
may extend the time period specified in division (C)(2)(c) or (d)	66089
of this section, or both. Nothing in division (C)(3) of this	66090
section shall be construed to prevent a nursing home, residential	66091
care facility, or ~~adult care~~residential facility from qualifying	66092
as a "home for the aged" if, upon proper application made pursuant	66093
to division (B) of this section, it is found to meet the	66094
requirements of divisions (A) and (B) of this section.	66095

Sec. 5703.021. (A) There is hereby established a small claims	66096
division of the board of tax appeals.	66097

(B) The small claims division shall have jurisdiction over	66098
any proceeding that is filed as a small claims case by election of	66099
the appellant and written agreement of all the parties or	66100
reassigned by the board with the written consent of all the	66101
parties, and that is either of the following:	66102

(1) Commenced under section 5717.01 of the Revised Code in	66103
which the property at issue qualifies for the partial tax	66104
exemption described in section 319.302 of the Revised Code; or	66105

(2) Commenced under section 5717.011 or 5717.02 of the	66106
Revised Code when the amount in controversy claimed by the	66107
taxpayer does not exceed ten thousand dollars exclusive of	66108
interest and penalty. The board by rule may modify the	66109
jurisdictional dollar threshold for cases qualifying for the small	66110
claims division.	66111

(C) Notwithstanding division (B) of this section, the board	66112
shall reassign an appeal initially assigned to the small claims	66113
division to the regular docket upon request of a party or when the	66114
appeal presents an issue of public or great general interest or	66115
presents a constitutional issue, or when the board determines that	66116
the appeal does not meet the requirements of division (B) of this	66117
section.	66118

(D) The board may reassign to the small claims docket any	66119
appeal originally assigned to the regular docket with the written	66120
consent of all the parties.	66121

(E) The board shall adopt rules to implement procedures to	66122
provide informal review of the taxpayers' appeals in the small	66123
claims division, which may include telephonic hearings.	66124

(F) A decision or order of the small claims division shall be	66125
conclusive as to all parties and may not be appealed, and shall be	66126
recorded in the journal required by division (C) of section	66127
5703.02 of the Revised Code, but such a decision or order shall	66128
not be considered as precedent in any other case, hearing, or	66129
proceeding.	66130

(G) The appearance of an attorney at law licensed to practice	66131
law in this state on behalf of any party to an appeal assigned to	66132
the small claims docket is permitted but not required. A person	66133
other than a natural person, which is a real party in interest as	66134
taxpayer or claimant, or an entity that may participate by	66135
statute, may commence such an appeal or appear through an attorney	66136
at law licensed to practice law in this state. Such an	66137
organization may, through any bona fide officer, partner, member,	66138
trustee, or salaried employee, file and present its claim or	66139
defense in any appeal in the small claims division, provided the	66140
organization does not, in the absence of representation by an	66141
attorney at law licensed to practice law in this state, engage in	66142
cross-examination, argument, or other acts of advocacy. The board	66143
may provide by rule for additional guidelines applicable to	66144
practice before the board.	66145

Sec. 5703.052. (A) There is hereby created in the state	66146
treasury the tax refund fund, from which refunds shall be paid for	66147
taxes illegally or erroneously assessed or collected, or for any	66148
other reason overpaid, that are levied by Chapter 4301., 4305.,	66149
5726., 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747.,	66150
5748., 5749., 5751., or 5753. and sections 3737.71, 3905.35,	66151
3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and	66152
5727.811 of the Revised Code. Refunds for fees illegally or	66153
erroneously assessed or collected, or for any other reason	66154
overpaid, that are levied by sections 3734.90 to 3734.9014 of the	66155
Revised Code also shall be paid from the fund. Refunds for amounts	66156
illegally or erroneously assessed or collected by the tax	66157
commissioner, or for any other reason overpaid, that are due under	66158
section 1509.50 of the Revised Code shall be paid from the fund.	66159
However, refunds for taxes levied under section 5739.101 of the	66160
Revised Code shall not be paid from the tax refund fund, but shall	66161
be paid as provided in section 5739.104 of the Revised Code.	66162

(B)(1) Upon certification by the tax commissioner to the	66163
treasurer of state of a tax refund, a fee refund, or an other	66164
amount refunded, or by the superintendent of insurance of a	66165
domestic or foreign insurance tax refund, the treasurer of state	66166
shall place the amount certified to the credit of the fund. The	66167
certified amount transferred shall be derived from current	66168
receipts of the same tax, fee, or other amount from which the	66169
refund arose. If current receipts from the tax, fee, or other	66170
amount from which the refund arose are inadequate to make the	66171
transfer of the amount so certified, the treasurer of state shall	66172
transfer such certified amount from current receipts of the sales	66173
tax levied by section 5739.02 of the Revised Code.	66174

(2) When the treasurer of state provides for the payment of a	66175
refund of a tax, fee, or other amount from the current receipts of	66176
the sales tax, and the refund is for a tax, fee, or other amount	66177
that is not levied by the state, the tax commissioner shall	66178
recover the amount of that refund from the next distribution of	66179
that tax, fee, or other amount that otherwise would be made to the	66180
taxing jurisdiction. If the amount to be recovered would exceed	66181
twenty-five per cent of the next distribution of that tax, fee, or	66182
other amount, the commissioner may spread the recovery over more	66183
than one future distribution, taking into account the amount to be	66184
recovered and the amount of the anticipated future distributions.	66185
In no event may the commissioner spread the recovery over a period	66186
to exceed twenty-four months.	66187

Sec. 5703.053. As used in this section, "postal service"	66188
means the United States postal service.	66189

An application to the tax commissioner for a tax refund under	66190
section 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061,	66191
5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10,	66192
5743.05, 5743.53, 5745.11, 5749.08, or 5751.08 of the Revised Code	66193
or division (B) of section 5703.05 of the Revised Code, or a fee	66194
refunded under section 3734.905 of the Revised Code, that is	66195
received after the last day for filing under such section shall be	66196
considered to have been filed in a timely manner if:	66197

(A) The application is delivered by the postal service and	66198
the earliest postal service postmark on the cover in which the	66199
application is enclosed is not later than the last day for filing	66200
the application;	66201

(B) The application is delivered by the postal service, the	66202
only postmark on the cover in which the application is enclosed	66203
was affixed by a private postal meter, the date of that postmark	66204
is not later than the last day for filing the application, and the	66205
application is received within seven days of such last day; or	66206

(C) The application is delivered by the postal service, no	66207
postmark date was affixed to the cover in which the application is	66208
enclosed or the date of the postmark so affixed is not legible,	66209
and the application is received within seven days of the last day	66210
for making the application.	66211

Sec. 5703.061. The tax commissioner may cancel a debt owed to	66212
the state arising from any tax administered by the commissioner if	66213
the total amount of the debt does not exceed fifty dollars and if	66214
the debt consists only of unpaid taxes due for a single reporting	66215
period and of any penalty, interest, assessment, or other charge	66216
arising from such unpaid taxes.	66217

Sec. 5703.261. If(A) As used in this section:

66218

(1) "Instrument" has the same meaning as in section 1303.03	66219
of the Revised Code.	66220

(2) "Financial transaction device" has the same meaning as in	66221
section 113.40 of the Revised Code.	66222

(B) If a taxpayer or employer required by any tax	66223
administered by the department of taxation to pay taxes,	66224
penalties, or interest makes payment of the taxes, penalties, or	66225
interest with a ~~nonnegotiable or~~ dishonored instrument, an	66226
instrument that is determined to be nonnegotiable, or with any	66227
financial transaction device that is declined, returned, or	66228
dishonored, a penalty of fifty dollars shall be added to the	66229
amount due. The penalty imposed by this section shall be assessed	66230
and collected in the same manner as the taxes, penalties, or	66231
interest. All or part of any penalty imposed under this section	66232
may be abated by the tax commissioner.	66233

Sec. 5703.37. (A)(1) Except as provided in division (B) of	66234
this section, whenever service of a notice or order is required in	66235
the manner provided in this section, a copy of the notice or order	66236
shall be served upon the person affected thereby either by	66237
personal service, by certified mail, or by a delivery service	66238
authorized under section 5703.056 of the Revised Code that	66239
notifies the tax commissioner of the date of delivery.	66240

(2) ~~With the permission of the person affected by the notice~~	66241
~~or order, the commissioner may enter into a written agreement to~~	66242
~~deliver a notice or order by~~In lieu of serving a copy of a notice	66243
or order through one of the means provided in division (A)(1) of	66244
this section, the commissioner may serve a notice or order upon	66245
the person affected thereby through alternative means as provided	66246
in this section, including, but not limited to, delivery by secure	66247
electronic mail as provided in division (F) of this section.	66248
Delivery by such means satisfies the requirements for delivery	66249
under this section.	66250

(B)(1)(a) If certified mail is returned because of an	66251
undeliverable address, the commissioner shall first utilize	66252
reasonable means to ascertain a new last known address, including	66253
the use of a change of address service offered by the United	66254
States postal service or an authorized delivery service under	66255
section 5703.056 of the Revised Code. If, after using reasonable	66256
means, the commissioner is unable to ascertain a new last known	66257
address, the assessment is final for purposes of section 131.02 of	66258
the Revised Code sixty days after the notice or order sent by	66259
certified mail is first returned to the commissioner, and the	66260
commissioner shall certify the notice or order, if applicable, to	66261
the attorney general for collection under section 131.02 of the	66262
Revised Code.	66263

(b) Notwithstanding certification to the attorney general	66264
under division (B)(1)(a) of this section, once the commissioner or	66265
attorney general, or the designee of either, makes an initial	66266
contact with the person to whom the notice or order is directed,	66267
the person may protest an assessment by filing a petition for	66268
reassessment within sixty days after the initial contact. The	66269
certification of an assessment under division (B)(1)(a) of this	66270
section is prima-facie evidence that delivery is complete and that	66271
the notice or order is served.	66272

(2) If mailing of a notice or order by certified mail is	66273
returned for some cause other than an undeliverable address, the	66274
~~tax~~ commissioner shall resend the notice or order by ordinary	66275
mail. The notice or order shall show the date the commissioner	66276
sends the notice or order and include the following statement:	66277

"This notice or order is deemed to be served on the addressee	66278
under applicable law ten days from the date this notice or order	66279
was mailed by the commissioner as shown on the notice or order,	66280
and all periods within which an appeal may be filed apply from and	66281
after that date."	66282

Unless the mailing is returned because of an undeliverable	66283
address, the mailing of that information is prima-facie evidence	66284
that delivery of the notice or order was completed ten days after	66285
the commissioner sent the notice or order by ordinary mail and	66286
that the notice or order was served.	66287

If the ordinary mail is subsequently returned because of an	66288
undeliverable address, the commissioner shall proceed under	66289
division (B)(1)(a) of this section. A person may challenge the	66290
presumption of delivery and service under this division in	66291
accordance with division (C) of this section.	66292

(C)(1) A person disputing the presumption of delivery and	66293
service under division (B) of this section bears the burden of	66294
proving by a preponderance of the evidence that the address to	66295
which the notice or order was sent was not an address with which	66296
the person was associated at the time the commissioner originally	66297
mailed the notice or order by certified mail. For the purposes of	66298
this section, a person is associated with an address at the time	66299
the commissioner originally mailed the notice or order if, at that	66300
time, the person was residing, receiving legal documents, or	66301
conducting business at the address; or if, before that time, the	66302
person had conducted business at the address and, when the notice	66303
or order was mailed, the person's agent or the person's affiliate	66304
was conducting business at the address. For the purposes of this	66305
section, a person's affiliate is any other person that, at the	66306
time the notice or order was mailed, owned or controlled at least	66307
twenty per cent, as determined by voting rights, of the	66308
addressee's business.	66309

(2) If the person elects to protest an assessment certified	66310
to the attorney general for collection, the person must do so	66311
within sixty days after the attorney general's initial contact	66312
with the person. The attorney general may enter into a compromise	66313
with the person under sections 131.02 and 5703.06 of the Revised	66314
Code if the person does not file a petition for reassessment with	66315
the ~~tax~~ commissioner.	66316

(D) Nothing in this section prohibits the ~~tax~~ commissioner or	66317
the commissioner's designee from delivering a notice or order by	66318
personal service.	66319

(E) Collection actions taken pursuant to section 131.02 of	66320
the Revised Code upon any assessment being challenged under	66321
division (B)(1)(b) of this section shall be stayed upon the	66322
pendency of an appeal under this section. If a petition for	66323
reassessment is filed pursuant to this section on a claim that has	66324
been certified to the attorney general for collection, the claim	66325
shall be uncertified.	66326

(F) The commissioner may serve a notice or order upon the	66327
person affected by the notice or order through secure electronic	66328
means only with the person's consent. The commissioner must inform	66329
the recipient, electronically or by mail, that a notice or order	66330
is available for electronic review and provide instructions to	66331
access and print the notice or order. The recipient's electronic	66332
access of the notice or order satisfies the requirements for	66333
delivery under this section. If the recipient fails to access the	66334
notice or order electronically within ten business days, the	66335
notice or order shall be served upon the person through one of the	66336
means provided in division (A)(1) of this section.	66337

(G) As used in this section:

66338

(1) "Last known address" means the address the department	66339
has at the time the document is originally sent by certified mail,	66340
or any address the department can ascertain using reasonable means	66341
such as the use of a change of address service offered by the	66342
United States postal service or an authorized delivery service	66343
under section 5703.056 of the Revised Code.	66344

(2) "Undeliverable address" means an address to which the	66345
United States postal service or an authorized delivery service	66346
under section 5703.056 of the Revised Code is not able to deliver	66347
a notice or order, except when the reason for nondelivery is	66348
because the addressee fails to acknowledge or accept the notice or	66349
order.	66350

Sec. 5703.47. (A) As used in this section, "federal	66351
short-term rate" means the rate of the average market yield on	66352
outstanding marketable obligations of the United States with	66353
remaining periods to maturity of three years or less, as	66354
determined under section 1274 of the "Internal Revenue Code of	66355
1986," 100 Stat. 2085, 26 U.S.C.A. 1274, for July of the current	66356
year.	66357

(B) On the fifteenth day of October of each year, the tax	66358
commissioner shall determine the federal short-term rate. For	66359
purposes of any section of the Revised Code requiring interest to	66360
be computed at the rate per annum required by this section, the	66361
rate determined by the commissioner under this section, rounded to	66362
the nearest whole number per cent, plus ~~three~~one per cent, shall	66363
be the interest rate per annum used in making the computation for	66364
interest that accrues during the following calendar year. ~~For the~~	66365
~~purposes of sections 5719.041 and 5731.23 of the Revised Code,~~	66366
~~references to the "federal short-term rate" are references to the~~	66367
~~federal short-term rate as determined by the tax commissioner~~	66368
~~under this section rounded to the nearest whole number per cent.~~	66369

(C) Within ten days after the interest rate per annum is	66370
determined under this section, the tax commissioner shall notify	66371
the auditor of each county ~~in writing~~ of that rate of interest.	66372

Sec. 5703.70. (A) On the filing of an application for refund	66373
under section 3734.905, 4307.05, 4307.07, 5726.30, 5727.28,	66374
5727.91, 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141,	66375
5735.142, 5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05,	66376
5743.53, 5749.08, 5751.08, or 5753.06 of the Revised Code, or an	66377
application for compensation under section 5739.061 of the Revised	66378
Code, if the tax commissioner determines that the amount of the	66379
refund or compensation to which the applicant is entitled is less	66380
than the amount claimed in the application, the commissioner shall	66381
give the applicant written notice by ordinary mail of the amount.	66382
The notice shall be sent to the address shown on the application	66383
unless the applicant notifies the commissioner of a different	66384
address. The applicant shall have sixty days from the date the	66385
commissioner mails the notice to provide additional information to	66386
the commissioner or request a hearing, or both.	66387

(B) If the applicant neither requests a hearing nor provides	66388
additional information to the tax commissioner within the time	66389
prescribed by division (A) of this section, the commissioner shall	66390
take no further action, and the refund or compensation amount	66391
denied becomes final.	66392

(C)(1) If the applicant requests a hearing within the time	66393
prescribed by division (A) of this section, the tax commissioner	66394
shall assign a time and place for the hearing and notify the	66395
applicant of such time and place, but the commissioner may	66396
continue the hearing from time to time as necessary. After the	66397
hearing, the commissioner may make such adjustments to the refund	66398
or compensation as the commissioner finds proper, and shall issue	66399
a final determination thereon.	66400

(2) If the applicant does not request a hearing, but provides	66401
additional information, within the time prescribed by division (A)	66402
of this section, the commissioner shall review the information,	66403
make such adjustments to the refund or compensation as the	66404
commissioner finds proper, and issue a final determination	66405
thereon.	66406

(3) The commissioner shall serve a copy of the final	66407
determination made under division (C)(1) or (2) of this section on	66408
the applicant in the manner provided in section 5703.37 of the	66409
Revised Code, and the decision is final, subject to appeal under	66410
section 5717.02 of the Revised Code.	66411

(D) The tax commissioner shall certify to the director of	66412
budget and management and treasurer of state for payment from the	66413
tax refund fund created by section 5703.052 of the Revised Code,	66414
the amount of the refund to be refunded under division (B) or (C)	66415
of this section. The commissioner also shall certify to the	66416
director and treasurer of state for payment from the general	66417
revenue fund the amount of compensation to be paid under division	66418
(B) or (C) of this section.	66419

Sec. 5705.392. (A) A board of county commissioners may adopt	66420
as a part of its annual appropriation measure a spending plan, or	66421
in the case of an amended appropriation measure, an amended	66422
spending plan, setting forth a quarterly schedule of expenses and	66423
expenditures of all appropriations for the fiscal year from the	66424
county general fund. The spending plan shall be classified to set	66425
forth separately a quarterly schedule of expenses and expenditures	66426
for each office, department, and division, and within each, the	66427
amount appropriated for personal services. Each office,	66428
department, and division shall be limited in its expenses and	66429
expenditures of moneys appropriated from the general fund during	66430
any quarter by the schedule established in the spending plan. The	66431
schedule established in the spending plan shall serve as a	66432
limitation during a quarter on the making of contracts and giving	66433
of orders involving the expenditure of money during that quarter	66434
for purposes of division (D) of section 5705.41 of the Revised	66435
Code.	66436

(B)(1) A board of county commissioners, by resolution, may	66437
adopt a spending plan or an amended spending plan setting forth	66438
separately a quarterly schedule of expenses and expenditures of	66439
appropriations from any county fund, except as provided in	66440
division (C) of this section, for the second half of a fiscal year	66441
and any subsequent fiscal year, for any county office, department,	66442
or division that has spent or encumbered more than six-tenths of	66443
the amount appropriated for personal services and payrolls during	66444
the first half of any fiscal year.	66445

(2) During any fiscal year, a board of county commissioners,	66446
by resolution, may adopt a spending plan or an amended spending	66447
plan setting forth separately a quarterly schedule of expenses and	66448
expenditures of appropriations from any county fund, except as	66449
provided in division (C) of this section, for any county office,	66450
department, or division that, during the previous fiscal year,	66451
spent one hundred ten per cent or more of the total amount	66452
appropriated for personal services and payrolls by the board in	66453
its annual appropriation measure required by section 5705.38 of	66454
the Revised Code. The spending plan or amended spending plan shall	66455
remain in effect for not more than two fiscal years~~, or until~~. But	66456
if the ~~county~~administrating officer of the office, department, or	66457
division for which the plan was adopted is ~~no longer in office,~~	66458
~~including terms of office to which the county officer is~~	66459
~~re-elected, whichever is later~~an elected official, the spending	66460
plan shall not be in effect during a fiscal year in which that	66461
elected official is no longer the administrator of that office,	66462
department, or division.	66463

(3) At least thirty days before adopting a resolution under	66464
division (B)(1) or (2) of this section, the board of county	66465
commissioners shall provide written notice to each county office,	66466
department, or division for which it intends to adopt a spending	66467
plan or an amended spending plan. The notice shall be sent by	66468
regular first class mail or provided by personal service, and	66469
shall include a copy of the proposed spending plan or proposed	66470
amended spending plan. The county office, department, or division	66471
may meet with the board at any regular session of the board to	66472
comment on the notice, or to express concerns or ask questions	66473
about the proposed spending plan or proposed amended spending	66474
plan.	66475

(C) Division (B) of this section shall not apply to any fund	66476
that is subject to rules adopted by the tax commissioner under	66477
division (O) of section 5703.05 of the Revised Code.	66478

Sec. 5707.03. Annual taxes are hereby levied on the kinds of	66479
intangible property, enumerated in this section, on the intangible	66480
property tax list in the office of the treasurer of state at the	66481
following rates:	66482

(A) On investments, five per cent of income yield or of	66483
income as provided by section 5711.10 of the Revised Code for the	66484
1983, 1984, and 1985 return years and no tax for subsequent return	66485
years;	66486

(B) On unproductive investments, two mills on the dollar for	66487
the 1983, 1984, and 1985 return years and no tax for subsequent	66488
return years;	66489

(C) On deposits, one and three-eighths mills on the dollar	66490
for the 1982 and 1983 return years and no tax for subsequent	66491
return years;	66492

(D) On shares of, and capital employed by, dealers in	66493
intangibles, eight mills on the dollar for return years prior to	66494
2014 and no tax under this section for subsequent return years;	66495

(E) On money, credits, and all other taxable intangibles,	66496
three mills on the dollar for the 1983, 1984, and 1985 return	66497
years and no tax for subsequent return years.	66498

The object and distribution of such taxes shall be as	66499
provided in section 5725.24 of the Revised Code.	66500

Sec. 5709.12. (A) As used in this section, "independent	66501
living facilities" means any residential housing facilities and	66502
related property that are not a nursing home, residential care	66503
facility, or ~~adult care~~residential facility as defined in	66504
division (A) of section 5701.13 of the Revised Code.	66505

(B) Lands, houses, and other buildings belonging to a county,	66506
township, or municipal corporation and used exclusively for the	66507
accommodation or support of the poor, or leased to the state or	66508
any political subdivision for public purposes shall be exempt from	66509
taxation. Real and tangible personal property belonging to	66510
institutions that is used exclusively for charitable purposes	66511
shall be exempt from taxation, including real property belonging	66512
to an institution that is a nonprofit corporation that receives a	66513
grant under the Thomas Alva Edison grant program authorized by	66514
division (C) of section 122.33 of the Revised Code at any time	66515
during the tax year and being held for leasing or resale to	66516
others. If, at any time during a tax year for which such property	66517
is exempted from taxation, the corporation ceases to qualify for	66518
such a grant, the director of development shall notify the tax	66519
commissioner, and the tax commissioner shall cause the property to	66520
be restored to the tax list beginning with the following tax year.	66521
All property owned and used by a nonprofit organization	66522
exclusively for a home for the aged, as defined in section 5701.13	66523
of the Revised Code, also shall be exempt from taxation.	66524

(C)(1) If a home for the aged described in division (B)(1) of	66525
section 5701.13 of the Revised Code is operated in conjunction	66526
with or at the same site as independent living facilities, the	66527
exemption granted in division (B) of this section shall include	66528
kitchen, dining room, clinic, entry ways, maintenance and storage	66529
areas, and land necessary for access commonly used by both	66530
residents of the home for the aged and residents of the	66531
independent living facilities. Other facilities commonly used by	66532
both residents of the home for the aged and residents of	66533
independent living units shall be exempt from taxation only if the	66534
other facilities are used primarily by the residents of the home	66535
for the aged. Vacant land currently unused by the home, and	66536
independent living facilities and the lands connected with them	66537
are not exempt from taxation. Except as provided in division	66538
(A)(1) of section 5709.121 of the Revised Code, property of a home	66539
leased for nonresidential purposes is not exempt from taxation.	66540

(2) Independent living facilities are exempt from taxation if	66541
they are operated in conjunction with or at the same site as a	66542
home for the aged described in division (B)(2) of section 5701.13	66543
of the Revised Code; operated by a corporation, association, or	66544
trust described in division (B)(1)(b) of that section; operated	66545
exclusively for the benefit of members of the corporation,	66546
association, or trust who are retired, aged, or infirm; and	66547
provided to those members without charge in consideration of their	66548
service, without compensation, to a charitable, religious,	66549
fraternal, or educational institution. For the purposes of	66550
division (C)(2) of this section, "compensation" does not include	66551
furnishing room and board, clothing, health care, or other	66552
necessities, or stipends or other de minimis payments to defray	66553
the cost thereof.	66554

(D)(1) A private corporation established under federal law,	66555
defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105 Stat. 1629, as	66556
amended, the objects of which include encouraging the advancement	66557
of science generally, or of a particular branch of science, the	66558
promotion of scientific research, the improvement of the	66559
qualifications and usefulness of scientists, or the increase and	66560
diffusion of scientific knowledge is conclusively presumed to be a	66561
charitable or educational institution. A private corporation	66562
established as a nonprofit corporation under the laws of a state,	66563
that is exempt from federal income taxation under section	66564
501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	66565
U.S.C.A. 1, as amended, and has as its principal purpose one or	66566
more of the foregoing objects, also is conclusively presumed to be	66567
a charitable or educational institution.	66568

The fact that an organization described in this division	66569
operates in a manner that results in an excess of revenues over	66570
expenses shall not be used to deny the exemption granted by this	66571
section, provided such excess is used, or is held for use, for	66572
exempt purposes or to establish a reserve against future	66573
contingencies; and, provided further, that such excess may not be	66574
distributed to individual persons or to entities that would not be	66575
entitled to the tax exemptions provided by this chapter. Nor shall	66576
the fact that any scientific information diffused by the	66577
organization is of particular interest or benefit to any of its	66578
individual members be used to deny the exemption granted by this	66579
section, provided that such scientific information is available to	66580
the public for purchase or otherwise.	66581

(2) Division (D)(2) of this section does not apply to real	66582
property exempted from taxation under this section and division	66583
(A)(3) of section 5709.121 of the Revised Code and belonging to a	66584
nonprofit corporation described in division (D)(1) of this section	66585
that has received a grant under the Thomas Alva Edison grant	66586
program authorized by division (C) of section 122.33 of the	66587
Revised Code during any of the tax years the property was exempted	66588
from taxation.	66589

When a private corporation described in division (D)(1) of	66590
this section sells all or any portion of a tract, lot, or parcel	66591
of real estate that has been exempt from taxation under this	66592
section and section 5709.121 of the Revised Code, the portion sold	66593
shall be restored to the tax list for the year following the year	66594
of the sale and, except in connection with a sale and transfer of	66595
such a tract, lot, or parcel to a county land reutilization	66596
corporation organized under Chapter 1724. of the Revised Code, a	66597
charge shall be levied against the sold property in an amount	66598
equal to the tax savings on such property during the four tax	66599
years preceding the year the property is placed on the tax list.	66600
The tax savings equals the amount of the additional taxes that	66601
would have been levied if such property had not been exempt from	66602
taxation.	66603

The charge constitutes a lien of the state upon such property	66604
as of the first day of January of the tax year in which the charge	66605
is levied and continues until discharged as provided by law. The	66606
charge may also be remitted for all or any portion of such	66607
property that the tax commissioner determines is entitled to	66608
exemption from real property taxation for the year such property	66609
is restored to the tax list under any provision of the Revised	66610
Code, other than sections 725.02, 1728.10, 3735.67, 5709.40,	66611
5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78, and 5709.84,	66612
upon an application for exemption covering the year such property	66613
is restored to the tax list filed under section 5715.27 of the	66614
Revised Code.	66615

(E) Real property held by an organization organized and	66616
operated exclusively for charitable purposes as described under	66617
section 501(c)(3) of the Internal Revenue Code and exempt from	66618
federal taxation under section 501(a) of the Internal Revenue	66619
Code, 26 U.S.C.A. 501(a) and (c)(3), as amended, for the purpose	66620
of constructing or rehabilitating residences for eventual transfer	66621
to qualified low-income families through sale, lease, or land	66622
installment contract, shall be exempt from taxation.	66623

The exemption shall commence on the day title to the property	66624
is transferred to the organization and shall continue to the end	66625
of the tax year in which the organization transfers title to the	66626
property to a qualified low-income family. In no case shall the	66627
exemption extend beyond the second succeeding tax year following	66628
the year in which the title was transferred to the organization.	66629
If the title is transferred to the organization and from the	66630
organization to a qualified low-income family in the same tax	66631
year, the exemption shall continue to the end of that tax year.	66632
The proportionate amount of taxes that are a lien but not yet	66633
determined, assessed, and levied for the tax year in which title	66634
is transferred to the organization shall be remitted by the county	66635
auditor for each day of the year that title is held by the	66636
organization.	66637

Upon transferring the title to another person, the	66638
organization shall file with the county auditor an affidavit	66639
affirming that the title was transferred to a qualified low-income	66640
family or that the title was not transferred to a qualified	66641
low-income family, as the case may be; if the title was	66642
transferred to a qualified low-income family, the affidavit shall	66643
identify the transferee by name. If the organization transfers	66644
title to the property to anyone other than a qualified low-income	66645
family, the exemption, if it has not previously expired, shall	66646
terminate, and the property shall be restored to the tax list for	66647
the year following the year of the transfer and a charge shall be	66648
levied against the property in an amount equal to the amount of	66649
additional taxes that would have been levied if such property had	66650
not been exempt from taxation. The charge constitutes a lien of	66651
the state upon such property as of the first day of January of the	66652
tax year in which the charge is levied and continues until	66653
discharged as provided by law.	66654

The application for exemption shall be filed as otherwise	66655
required under section 5715.27 of the Revised Code, except that	66656
the organization holding the property shall file with its	66657
application documentation substantiating its status as an	66658
organization organized and operated exclusively for charitable	66659
purposes under section 501(c)(3) of the Internal Revenue Code and	66660
its qualification for exemption from federal taxation under	66661
section 501(a) of the Internal Revenue Code, and affirming its	66662
intention to construct or rehabilitate the property for the	66663
eventual transfer to qualified low-income families.	66664

As used in this division, "qualified low-income family" means	66665
a family whose income does not exceed two hundred per cent of the	66666
official federal poverty guidelines as revised annually in	66667
accordance with section 673(2) of the "Omnibus Budget	66668
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	66669
amended, for a family size equal to the size of the family whose	66670
income is being determined.	66671

(F) Real property held by a county land reutilization	66672
corporation organized under Chapter 1724. of the Revised Code	66673
shall be exempt from taxation. Notwithstanding section 5715.27 of	66674
the Revised Code, a county land reutilization corporation is not	66675
required to apply to any county or state agency in order to	66676
qualify for the exemption.	66677

The exemption shall commence on the day title to the property	66678
is transferred to the corporation and shall continue to the end of	66679
the tax year in which the instrument transferring title from the	66680
corporation to another owner is recorded, if the use to which the	66681
other owner puts the property does not qualify for an exemption	66682
under this section or any other section of the Revised Code. If	66683
the title to the property is transferred to the corporation and	66684
from the corporation in the same tax year, the exemption shall	66685
continue to the end of that tax year. The proportionate amount of	66686
taxes that are a lien but not yet determined, assessed, and levied	66687
for the tax year in which title is transferred to the corporation	66688
shall be remitted by the county auditor for each day of the year	66689
that title is held by the corporation.	66690

Upon transferring the title to another person, the	66691
corporation shall file with the county auditor an affidavit	66692
affirming that the title was transferred to such other person and	66693
shall identify the transferee by name. If the corporation	66694
transfers title to the property to anyone that does not qualify or	66695
the use to which the property is put does not qualify the property	66696
for an exemption under this section or any other section of the	66697
Revised Code, the exemption, if it has not previously expired,	66698
shall terminate, and the property shall be restored to the tax	66699
list for the year following the year of the transfer. A charge	66700
shall be levied against the property in an amount equal to the	66701
amount of additional taxes that would have been levied if such	66702
property had not been exempt from taxation. The charge constitutes	66703
a lien of the state upon such property as of the first day of	66704
January of the tax year in which the charge is levied and	66705
continues until discharged as provided by law.	66706

In lieu of the application for exemption otherwise required	66707
to be filed as required under section 5715.27 of the Revised Code,	66708
a count land reutilization corporation holding the property shall,	66709
upon the request of any county or state agency, submit its	66710
articles of incorporation substantiating its status as a county	66711
land reutilization corporation.	66712

Sec. 5709.212. (A) With every application for an exempt	66713
facility certificate filed pursuant to section 5709.21 of the	66714
Revised Code, the applicant shall pay a fee equal to one-half of	66715
one per cent of the total exempt facility project cost, not to	66716
exceed two thousand dollars. One-half of the fee received with	66717
applications for exempt facility certificates shall be credited to	66718
the exempt facility administrative fund, which is hereby created	66719
in the state treasury, for appropriation to the department of	66720
taxation for use in administering sections 5709.20 to 5709.27 of	66721
the Revised Code. If the director of environmental protection is	66722
required to provide the opinion for an application, one-half of	66723
the fee shall be credited to the non-Title V clean air fund	66724
created in section 3704.035 of the Revised Code for use in	66725
administering section 5709.211 of the Revised Code, unless the	66726
application is for an industrial water pollution control facility.	66727
If the application is for an industrial water pollution control	66728
facility, one-half of the fee shall be credited to the surface	66729
water protection fund created in section 6111.038 of the Revised	66730
Code for use in administering section 5709.211 of the Revised	66731
Code. If the director of development is required to provide the	66732
opinion for an application, one-half of the fee for each exempt	66733
facility application shall be credited to the exempt facility	66734
inspection fund, which is hereby created in the state treasury,	66735
for appropriation to the department of development for use in	66736
administering section 5709.211 of the Revised Code.	66737

An applicant is not entitled to any tax exemption under	66738
section 5709.25 of the Revised Code until the fee required by this	66739
section is paid. The fee required by this section is not	66740
refundable, and is due with the application for an exempt facility	66741
certificate even if an exempt facility certificate ultimately is	66742
not issued or is withdrawn. Any application submitted without	66743
payment of the fee shall be deemed incomplete until the fee is	66744
paid.	66745

(B) The application fee imposed under division (A) of this	66746
section for a jointly owned facility shall be equal to one-half of	66747
one per cent of the total exempt facility project cost, not to	66748
exceed two thousand dollars for each facility that is the subject	66749
of the application.	66750

Sec. 5709.76. (A) All of the following are exempt from taxes	66751
levied by the state and its subdivisions:	66752

(1) Public obligations;

66753

(2) Interest or interest equivalent on public obligations and	66754
on purchase obligations;	66755

(3) The transfer, and any profit made on the sale, exchange,	66756
or other disposition, of public obligations.	66757

(B) The exemptions granted by division (A) of this section	66758
apply to public obligations and purchase obligations issued,	66759
incurred, or entered into before, on, or after ~~the effective date~~	66760
~~of this section~~March 29, 1988, but only for taxable years ending	66761
on or after the later of July 1, 1988, or ~~the effective date of~~	66762
~~this section~~March 29, 1988.	66763

(C) This section supplements, and does not restrict, limit,	66764
or impair, any exemption from taxation otherwise provided for in	66765
the Ohio Constitution, the Revised Code, or other laws.	66766

(D) As used in this section:

66767

(1) "Fractionalized interests in purchase obligations" means	66768
participations, shares, or other instruments or agreements,	66769
separate from the purchase obligations themselves, evidencing	66770
ownership of interests in purchase obligations or of rights to	66771
receive payments of, or on account of, principal or interest or	66772
their equivalents payable by or on behalf of the state or a	66773
subdivision pursuant to purchase obligations, and does not include	66774
interests or shares in qualified investment trusts.	66775

(2) "Interest or interest equivalent" means those payments or	66776
portions of payments, however denominated, that constitute or	66777
represent consideration for forbearing the collection of money, or	66778
for deferring the receipt of payment of money to a future time, as	66779
determined for federal income tax purposes, and includes those	66780
portions of a qualified investment trust's distributions to its	66781
shareholders or beneficial owners, whether distributed or deemed	66782
distributed in cash or in trust shares or interests, that are	66783
attributable to the trust's receipt of interest or interest	66784
equivalent.	66785

(3) "Internal Revenue Code" has the same meaning as in	66786
division (H) of section 5747.01 of the Revised Code.	66787

(4) "Qualified investment trust" or "trust" means a unit	66788
investment trust, grantor trust, or regulated investment company,	66789
if at all times at least fifty per cent of the value of the total	66790
assets of the trust or company consists of public securities or	66791
purchase obligations, or similar obligations of other states or	66792
their subdivisions.	66793

(5) "Public obligations" means public securities,	66794
fractionalized interests in purchase obligations, and any	66795
obligation or evidence of obligation to pay interest or interest	66796
equivalent on public securities or on fractionalized interests in	66797
purchase obligations, and does not include purchase obligations.	66798

(6) "Public securities" means bonds, notes, certificates of	66799
indebtedness, commercial paper, and other instruments in writing	66800
issued by the state or a subdivision, or by any nonprofit	66801
corporation authorized to issue public securities for or on behalf	66802
of the state or a subdivision, to evidence the obligation of the	66803
state, subdivision, or nonprofit corporation to repay money	66804
borrowed by, or to pay at any future time other money obligations	66805
of, the state, subdivision, or nonprofit corporation, and does not	66806
include purchase obligations. Public securities may be in the form	66807
of either certificated securities or uncertificated securities, as	66808
those terms are defined in section 1308.01 of the Revised Code.	66809

(7) "Purchase obligations" means interest-bearing obligations	66810
of the state or a subdivision to make payments under installment	66811
sale, lease, lease purchase, or similar types of agreements.	66812

(8) "Regulated investment company" means a regulated	66813
investment company as defined in section 851 of the Internal	66814
Revenue Code.	66815

(9) "State" means the state, state officers, and state	66816
agencies, including commissions, institutions, boards, agencies,	66817
authorities, or other instrumentalities.	66818

(10) "Subdivision" means any local taxing authority,	66819
political or governmental subdivision, body corporate and politic,	66820
or other local public or governmental entity in the state, any	66821
combination or consortium of two or more of those subdivisions,	66822
and any public division, district, commission, authority,	66823
department, board, officer, or institution of any one or more of	66824
those subdivisions.	66825

(11) "Taxes" means any direct or indirect taxes, including	66826
income, ad valorem, transfer, and excise taxes, and including the	66827
tax on the net income measure of the issued and outstanding shares	66828
of a corporation under Chapter 5733. of the Revised Code. "Taxes"	66829
does not mean any of the following:	66830

(a) The tax on the net worth measure of the issued and	66831
outstanding shares of corporations and financial institutions	66832
under Chapter 5733. of the Revised Code;	66833

(b) The tax on the value of the gross estate under Chapter	66834
5731. of the Revised Code;	66835

(c) The tax on the value of the capital and surplus of a	66836
domestic insurance company under Chapter 5725. of the Revised	66837
Code;	66838

(d) The tax on the shares of and capital employed by dealers	66839
in intangibles under Chapter 5725. and section 5707.03 of the	66840
Revised Code;	66841

(e) The tax levied on the basis of the total equity capital	66842
of financial institutions under Chapter 5726. of the Revised Code.	66843

Sec. 5711.22. (A) Deposits not taxed at the source shall be	66844
listed and assessed at their amount in dollars on the day they are	66845
required to be listed. Moneys shall be listed and assessed at the	66846
amount thereof in dollars on hand on the day that they are	66847
required to be listed. In listing investments, the amount of the	66848
income yield of each for the calendar year next preceding the date	66849
of listing shall, except as otherwise provided in this chapter, be	66850
stated in dollars and cents and the assessment thereof shall be at	66851
the amount of such income yield; but any property defined as	66852
investments in either division (A) or (B) of section 5701.06 of	66853
the Revised Code that has not been outstanding for the full	66854
calendar year next preceding the date of listing, except shares of	66855
stock of like kind as other shares of the same corporation	66856
outstanding for the full calendar year next preceding the date of	66857
listing, or which has yielded no income during such calendar year	66858
shall be listed and assessed as unproductive investments, at their	66859
true value in money on the day that such investments are required	66860
to be listed.	66861

Credits and other taxable intangibles shall be listed and	66862
assessed at their true value in money on the day as of which the	66863
same are required to be listed.	66864

Shares of stock of a bank holding company, as defined in	66865
Title 12 U.S.C.A., section 1841, that are required to be listed	66866
for taxation under this division and upon which dividends were	66867
paid during the year of their issuance, which dividends are	66868
subject to taxation under the provisions of Chapter 5747. of the	66869
Revised Code, shall be exempt from the intangibles tax for the	66870
year immediately succeeding their issuance. If such shares bear	66871
dividends the first calendar year after their issuance, which	66872
dividends are subject to taxation under the provisions of Chapter	66873
5747. of the Revised Code, it shall be deemed that the	66874
nondelinquent intangible property tax pursuant to division (A) of	66875
section 5707.04 of the Revised Code was paid on those dividends	66876
paid that first calendar year after the issuance of the shares.	66877

(B) For tax years before tax year 2009, boilers, machinery,	66878
equipment, and personal property the true value of which is	66879
determined under division (B) of section 5711.21 of the Revised	66880
Code shall be listed and assessed at an amount equal to the sum of	66881
the products determined under divisions (B)(1), (2), and (3) of	66882
this section:	66883

(1) Multiply the portion of the true value determined under	66884
division (B)(1) of section 5711.21 of the Revised Code by the	66885
assessment rate for the tax year in division (G) of this section;	66886

(2) Multiply the portion of the true value determined under	66887
division (B)(2) of section 5711.21 of the Revised Code by the	66888
assessment rate in section 5727.111 of the Revised Code that is	66889
applicable to the production equipment of an electric company;	66890

(3) Multiply the portion of the true value determined under	66891
division (B)(3) of section 5711.21 of the Revised Code by the	66892
assessment rate in section 5727.111 of the Revised Code that is	66893
applicable to the property of an electric company that is not	66894
production equipment.	66895

(C) For tax years before tax year 2009, personal property	66896
leased to a public utility or interexchange telecommunications	66897
company as defined in section 5727.01 of the Revised Code and used	66898
directly in the rendition of a public utility service as defined	66899
in division (P) of section 5739.01 of the Revised Code shall be	66900
listed and assessed at the same percentage of true value in money	66901
that such property is required to be assessed by section 5727.111	66902
of the Revised Code if owned by the public utility or	66903
interexchange telecommunications company.	66904

(D)(1) Merchandise or an agricultural product shipped from	66905
outside this state and held in this state in a warehouse or a	66906
place of storage without further manufacturing or processing and	66907
for storage only and for shipment outside this state, but that	66908
does not qualify as "not used in business in this state" under	66909
division (B)(1) or (2) of section 5701.08 of the Revised Code, is	66910
nevertheless not used in business in this state for property tax	66911
purposes.	66912

(2) Merchandise or an agricultural product owned by a	66913
qualified out-of-state person shipped from outside this state and	66914
held in this state in a public warehouse without further	66915
manufacturing or processing and for temporary storage only and for	66916
shipment inside this state, but that does not qualify as "not used	66917
in business in this state" under division (B)(1) or (2) of section	66918
5701.08 of the Revised Code, is nevertheless not used in business	66919
in this state for property tax purposes.	66920

(3) As used in division (D)(2) of this section:

66921

(a) "Qualified out-of-state person" means a person that does	66922
not own, lease, or use property, other than merchandise or an	66923
agricultural product described in this division, in this state,	66924
and does not have employees, agents, or representatives in this	66925
state;	66926

(b) "Public warehouse" means a warehouse in this state that	66927
is not subject to the control of or under the supervision of the	66928
owner of the merchandise or agricultural product stored in it, or	66929
staffed by the owner's employees, and from which the property is	66930
to be shipped inside this state.	66931

(E) Personal property valued pursuant to section 5711.15 of	66932
the Revised Code and personal property required to be listed on	66933
the average basis by division (B) of section 5711.16 of the	66934
Revised Code, except property described in division (D) of this	66935
section, business fixtures, and furniture not held for sale in the	66936
course of business, shall be listed and assessed at twenty-three	66937
per cent of its true value in money for tax year 2005 and at the	66938
percentage of such true value specified in division (G) of this	66939
section for tax year 2006 and each tax year thereafter.	66940

(F) All manufacturing equipment as defined in section 5711.16	66941
of the Revised Code shall be listed and assessed at the following	66942
percentage of its true value in money:	66943

(1) For all such property not previously used in business in	66944
this state by the owner thereof, or by related member or	66945
predecessor of the owner, other than as inventory, before January	66946
1, 2005, zero per cent of true value;	66947

(2) For all other such property, at the percentage of true	66948
value specified in division (G) of this section for tax year 2005	66949
and each tax year thereafter.	66950

(G) Unless otherwise provided by law, all other personal	66951
property used in business that has not been legally regarded as an	66952
improvement on land and considered in arriving at the value of the	66953
real property assessed for taxation shall be listed and assessed	66954
at the following percentages of true value in money:	66955

(1) For tax year 2005, twenty-five per cent of true value;

66956

(2) For tax year 2006, eighteen and three-fourths per cent of	66957
true value;	66958

(3) For tax year 2007, twelve and one-half per cent of true	66959
value;	66960

(4) For tax year 2008, six and one-fourth per cent of true	66961
value;	66962

(5) For tax year 2009 and each tax year thereafter, zero per	66963
cent of true value.	66964

(H)(1) For tax year 2007 and thereafter, all personal	66965
property used by a telephone company, telegraph company, or	66966
interexchange telecommunications company shall be listed as	66967
provided in this chapter and assessed at the following percentages	66968
of true value in money:	66969

(a) For tax year 2007, twenty per cent of true value;

66970

(b) For tax year 2008, fifteen per cent of true value;

66971

66972

(d) For tax year 2010, five per cent of true value;

66973

(e) For tax year 2011 and each tax year thereafter, zero per	66974
cent of true value.	66975

(2) The property owned by a telephone, telegraph, or	66976
telecommunications company shall be apportioned to each	66977
appropriate taxing district as provided in section 5727.15 of the	66978
Revised Code.	66979

(I) During and after the tax year in which the assessment	66980
rate equals zero per cent, the property described in division (E),	66981
(F), (G), or (H) of this section shall not be listed for taxation.	66982

(J) Divisions (E), (F), (G), and (H) of this section apply to	66983
the property of a person described in divisions (E)(3) ~~to (10)~~and	66984
(4) of section 5751.01 of the Revised Code. Division (J) of this	66985
section does not prevent the application of the exemption of	66986
property from taxation under section 5725.25 or 5725.26 of the	66987
Revised Code.	66988

Sec. 5717.01. An appeal from a decision of a county board of	66989
revision may be taken to the board of tax appeals within thirty	66990
days after notice of the decision of the county board of revision	66991
is mailed as provided in division (A) of section 5715.20 of the	66992
Revised Code. Such an appeal may be taken by the county auditor,	66993
the tax commissioner, or any board, legislative authority, public	66994
official, or taxpayer authorized by section 5715.19 of the Revised	66995
Code to file complaints against valuations or assessments with the	66996
auditor. Such appeal shall be taken by the filing of a notice of	66997
appeal, in person or by certified mail, express mail, facsimile	66998
transmission, electronic transmission using electronic mail, or	66999
by authorized delivery service, with the board of tax appeals and	67000
with the county board of revision. If notice of appeal is filed by	67001
certified mail, express mail, or authorized delivery service as	67002
provided in section 5703.056 of the Revised Code, the date of the	67003
United States postmark placed on the sender's receipt by the	67004
postal service or the date of receipt recorded by the authorized	67005
delivery service shall be treated as the date of filing. If	67006
notice of appeal is filed by facsimile transmission or electronic	67007
transmission using electronic mail, the date and time of	67008
transmission shall be treated as the date of filing. Upon receipt	67009
of such notice of appeal such county board of revision shall by	67010
certified mail notify all persons thereof who were parties to the	67011
proceeding before such county board of revision, and shall file	67012
proof of such notice with the board of tax appeals. The county	67013
board of revision shall thereupon certify to the board of tax	67014
appeals a transcript of the record of the proceedings of the	67015
county board of revision pertaining to the original complaint, and	67016
all evidence offered in connection therewith. Such appeal may be	67017
heard by the board of tax appeals at its offices in Columbus or in	67018
the county where the property is listed for taxation, or the board	67019
of tax appeals may cause its examiners to conduct such hearing and	67020
to report to it their findings for affirmation or rejection. An	67021
appeal may proceed pursuant to section 5703.021 of the Revised	67022
Code in the small claims division if the appeal qualifies under	67023
that section.	67024

The board of tax appeals may order the appeal to be heard on	67025
the record and the evidence certified to it by the county board of	67026
revision, or it may order the hearing of additional evidence, and	67027
it may make such investigation concerning the appeal as it deems	67028
proper.	67029

Sec. 5717.011. (A) As used in this chapter, "tax	67030
administrator" has the same meaning as in section 718.01 of the	67031
Revised Code.	67032

(B) Appeals from a municipal board of appeal created under	67033
section 718.11 of the Revised Code may be taken by the taxpayer or	67034
the tax administrator to the board of tax appeals or may be taken	67035
by the taxpayer or the tax administrator to a court of common	67036
pleas as otherwise provided by law. If the taxpayer or the tax	67037
administrator elects to make an appeal to the board of tax appeals	67038
or court of common pleas, and subject to section 5703.021 of the	67039
Revised Code with respect to small claims proceedings, the appeal	67040
shall be taken by the filing of a notice of appeal with the board	67041
of tax appeals or court of common pleas, the municipal board of	67042
appeal, and the opposing party. The notice of appeal shall be	67043
filed within sixty days after the day the appellant receives	67044
notice of the decision issued under section 718.11 of the Revised	67045
Code. The notice of appeal may be filed in person or by certified	67046
mail, express mail, facsimile transmission, electronic	67047
transmission using electronic mail, or by authorized delivery	67048
service as provided in section 5703.056 of the Revised Code. If	67049
the notice of appeal is filed by certified mail, express mail, or	67050
authorized delivery service as provided in section 5703.056 of the	67051
Revised Code, the date of the United States postmark placed on the	67052
sender's receipt by the postal service or the date of receipt	67053
recorded by the authorized delivery service shall be treated as	67054
the date of filing. If notice of appeal is filed by facsimile	67055
transmission or electronic transmission using electronic mail, the	67056
date and time of the transmission shall be treated as the date of	67057
filing. The notice of appeal shall have attached thereto and	67058
incorporated therein by reference a true copy of the decision	67059
issued under section 718.11 of the Revised Code and shall specify	67060
the errors therein complained of, but failure to attach a copy of	67061
such notice and incorporate it by reference in the notice of	67062
appeal does not invalidate the appeal.	67063

(C) Upon the filing of a notice of appeal with the board of	67064
tax appeals, the municipal board of appeal shall certify to the	67065
board of tax appeals a transcript of the record of the proceedings	67066
before it, together with all evidence considered by it in	67067
connection therewith. Such appeals may be heard by the board at	67068
its office in Columbus or in the county where the appellant	67069
resides, or it may cause its examiners to conduct such hearings	67070
and to report to it their findings for affirmation or rejection.	67071
The board may order the appeal to be heard upon the record and the	67072
evidence certified to it by the administrator, but upon the	67073
application of any interested party the board shall order the	67074
hearing of additional evidence, and the board may make such	67075
investigation concerning the appeal as it considers proper. An	67076
appeal may proceed pursuant to section 5703.021 of the Revised	67077
Code in the small claims division if the appeals qualifies under	67078
that section.	67079

(D) If an issue being appealed under this section is	67080
addressed in a municipal corporation's ordinance or regulation,	67081
the tax administrator, upon the request of the board of tax	67082
appeals, shall provide a copy of the ordinance or regulation to	67083
the board of tax appeals.	67084

Sec. 5717.02. (A) Except as otherwise provided by law,	67085
appeals from final determinations by the tax commissioner of any	67086
preliminary, amended, or final tax assessments, reassessments,	67087
valuations, determinations, findings, computations, or orders made	67088
by the commissioner may be taken to the board of tax appeals by	67089
the taxpayer, by the person to whom notice of the tax assessment,	67090
reassessment, valuation, determination, finding, computation, or	67091
order by the commissioner is required by law to be given, by the	67092
director of budget and management if the revenues affected by that	67093
decision would accrue primarily to the state treasury, or by the	67094
county auditors of the counties to the undivided general tax funds	67095
of which the revenues affected by that decision would primarily	67096
accrue. Appeals from the redetermination by the director of	67097
development under division (B) of section 5709.64 or division (A)	67098
of section 5709.66 of the Revised Code may be taken to the board	67099
of tax appeals by the enterprise to which notice of the	67100
redetermination is required by law to be given. Appeals from a	67101
decision of the tax commissioner or county auditor concerning an	67102
application for a property tax exemption may be taken to the board	67103
of tax appeals by the applicant or by a school district that filed	67104
a statement concerning that application under division (C) of	67105
section 5715.27 of the Revised Code. Appeals from a	67106
redetermination by the director of job and family services under	67107
section 5733.42 of the Revised Code may be taken by the person to	67108
which the notice of the redetermination is required by law to be	67109
given under that section.	67110

(B) The appeals shall be taken by the filing of a notice of	67111
appeal with the board, and with the tax commissioner if the tax	67112
commissioner's action is the subject of the appeal, with the	67113
county auditor if the county auditor's action is the subject of	67114
the appeal, with the director of development if that director's	67115
action is the subject of the appeal, or with the director of job	67116
and family services if that director's action is the subject of	67117
the appeal. The notice of appeal shall be filed within sixty days	67118
after service of the notice of the tax assessment, reassessment,	67119
valuation, determination, finding, computation, or order by the	67120
commissioner, property tax exemption determination by the	67121
commissioner or the county auditor, or redetermination by the	67122
director has been given as provided in section 5703.37, 5709.64,	67123
5709.66, or 5733.42 of the Revised Code. The notice of appeal may	67124
be filed in person or by certified mail, express mail, facsimile	67125
transmission, electronic transmission using electronic mail, or	67126
by authorized delivery service. If the notice of appeal is filed	67127
by certified mail, express mail, or authorized delivery service as	67128
provided in section 5703.056 of the Revised Code, the date of the	67129
United States postmark placed on the sender's receipt by the	67130
postal service or the date of receipt recorded by the authorized	67131
delivery service shall be treated as the date of filing. If notice	67132
of appeal is filed by facsimile transmission or electronic	67133
transmission using electronic mail, the date and time of the	67134
transmission shall be treated as the date of filing. The notice of	67135
appeal shall have attached to it and incorporated in it by	67136
reference a true copy of the notice sent by the commissioner,	67137
county auditor, or director to the taxpayer, enterprise, or other	67138
person of the final determination or redetermination complained	67139
of, and shall also specify the errors therein complained of, but	67140
failure to attach a copy of that notice and to incorporate it by	67141
reference in the notice of appeal does not invalidate the appeal.	67142

(C) Upon the filing of a notice of appeal, the tax	67143
commissioner, county auditor, or the director, as appropriate,	67144
shall certify to the board a transcript of the record of the	67145
proceedings before the commissioner, auditor, or director,	67146
together with all evidence considered by the commissioner,	67147
auditor, or director in connection with the proceedings. Those	67148
appeals or applications may be heard by the board at its office in	67149
Columbus or in the county where the appellant resides, or it may	67150
cause its examiners to conduct the hearings and to report to it	67151
their findings for affirmation or rejection. The board shall	67152
institute procedures to control and manage appeals governed by	67153
this section. The procedures shall include the conduct of	67154
discovery such that, upon the filing of the statutory transcript	67155
in an appeal, the board, through its attorney examiners, shall	67156
establish a case management schedule in consultation with the	67157
parties and their counsel subject to section 5703.021 of the	67158
Revised Code.	67159

(D) The board may order the appeal to be heard upon the	67160
record and the evidence certified to it by the commissioner,	67161
county auditor, or director, but upon the application of any	67162
interested party the board shall order the hearing of additional	67163
evidence, and it may make an investigation concerning the appeal	67164
that it considers proper. An appeal may proceed pursuant to	67165
section 5703.021 of the Revised Code in the small claims division	67166
if the appeal qualifies under that section.	67167

Sec. 5725.02. ~~The~~For report years prior to 2014, the	67168
cashier or other principal accounting officer of each bank, the	67169
secretary or other principal accounting officer of each other	67170
incorporated financial institution, and the manager or owner of	67171
each unincorporated financial institution shall return to the	67172
department of taxation between the first and second Mondays of	67173
March, annually, a report exhibiting in detail, and under	67174
appropriate heads, the resources and liabilities of such	67175
institution at the close of business on the thirty-first day of	67176
December next preceding.	67177

The report of each financial institution shall also show the	67178
aggregate balances of the taxable deposits of its depositors in	67179
each county in which the institution maintained an office for the	67180
receipt of deposits, at the end of business on the day fixed by	67181
the tax commissioner pursuant to section 5725.05 of the Revised	67182
Code. The report shall show also the names and addresses of all	67183
depositors whose deposits were wholly withdrawn from such	67184
institution between the day so fixed and the date on which notice	67185
of the fixing was received by such institution, or if no such	67186
notice was received, then between the day fixed and the first day	67187
of January next following, and the amount of taxable deposits of	67188
each such ~~depositer~~depositor on the day fixed.	67189

Sec. 5725.14. (A) As used in this section and section 5725.15	67190
of the Revised Code:	67191

(1) "Billing address" of a customer means one of the	67192
following:	67193

(a) The customer's address as set forth in any notice,	67194
statement, bill, or similar acknowledgment shall be presumed to be	67195
the address where the customer is located with respect to the	67196
transaction for which the dealer issued the notice, statement,	67197
bill, or acknowledgment.	67198

(b) If the dealer issues any notice, statement, bill, or	67199
similar acknowledgment electronically to an address other than a	67200
street address or post office box address or if the dealer does	67201
not issue such a notice, statement, bill, or acknowledgment, the	67202
customer's street address as set forth in the records of the	67203
dealer at the time of the transaction shall be presumed to be the	67204
address where the customer is located.	67205

(2) "Commissions" includes but is not limited to brokerage	67206
commissions, asset management fees, and similar fees charged in	67207
the regular course of business to a customer for the maintenance	67208
and management of the customer's account.	67209

(3) "Gross receipts" means one of the following:

67210

(a) In the case of a dealer in intangibles principally	67211
engaged in the business of lending money or discounting loans, the	67212
aggregate amount of loans effected or discounted;	67213

(b) In the case of a dealer in intangibles principally	67214
engaged in the business of selling or buying stocks, bonds, or	67215
other similar securities either on the dealer's own account or as	67216
agent for another, the aggregate amount of all commissions	67217
charged.	67218

(B) Each dealer in intangibles shall return to the tax	67219
commissioner between the first and second Mondays of March,	67220
annually for return years prior to 2014, a report exhibiting in	67221
detail, and under appropriate heads, the dealer's resources and	67222
liabilities at the close of business on the thirty-first day of	67223
December next preceding. In the case of an unincorporated dealer	67224
in intangibles, such report shall also exhibit the amount or value	67225
as of the date of conversion of all property within the year	67226
preceding the date of listing, and on or after the first day of	67227
November converted into bonds or other securities not taxed to the	67228
extent such nontaxable bonds or securities may be shown in the	67229
dealer's resources on such date, without deduction for	67230
indebtedness created in the purchase of such nontaxable bonds or	67231
securities.	67232

If a dealer in intangibles maintains separate business	67233
offices, whether within this state only or within and without this	67234
state, the report shall also show the gross receipts from business	67235
done at each such office during the year ending on the	67236
thirty-first day of December next preceding.	67237

For the purposes of this section and section 5725.15 of the	67238
Revised Code, business is considered done at an office when it	67239
originates at such office, but the receipts from business	67240
originating at one office and consummated at another office shall	67241
be divided equitably between such offices.	67242

(C) For the purposes of this section and section 5725.15 of	67243
the Revised Code, in the case of a dealer in intangibles	67244
principally engaged in the business of selling or buying stocks,	67245
bonds, or other similar securities either on the dealer's own	67246
account or as agent for another, the dealer's capital, surplus,	67247
and undivided profits employed in this state shall bear the same	67248
ratio to the dealer's total capital, surplus, and undivided	67249
profits employed everywhere as the amount described in division	67250
(C)(1) of this section bears to the amount described in division	67251
(C)(2) of this section:	67252

(1) The sum of the commissions earned during the year covered	67253
by the report from transactions with respect to brokerage accounts	67254
owned by customers having billing addresses in this state;	67255

(2) The sum of the commissions earned during that year from	67256
transactions with respect to brokerage accounts owned by all of	67257
the dealer's customers.	67258

(D) An incorporated dealer in intangibles which owns or	67259
controls fifty-one per cent or more of the common stock of another	67260
incorporated dealer in intangibles may, under uniform regulations	67261
prescribed by the tax commissioner, make a consolidated return for	67262
the purpose of sections 5725.01 to 5725.26, inclusive, of the	67263
Revised Code. In such case the parent corporation making such	67264
return is not required to include in its resources any of the	67265
stocks, securities, or other obligations of its subsidiary	67266
dealers, nor permitted to include in its liabilities any of its	67267
own securities or other obligations belonging to its subsidiaries.	67268

Sec. 5725.16. On or before the first Monday of May, annually	67269
for return years prior to 2014, the tax commissioner shall certify	67270
to the treasurer of state the assessment of the shares or property	67271
representing capital, or apportionment of either, of each dealer	67272
in intangibles doing business in the state, showing separately the	67273
amount representing capital employed in each county.	67274

The treasurer of state shall place the amounts certified on	67275
the intangible property tax list in ~~his~~the treasurer of state's	67276
office in the names of the dealers represented by those	67277
certificates.	67278

Any certificate of abatement issued pursuant to section	67279
5703.05 of the Revised Code for the overpayment of the tax on	67280
shares or property representing capital of a dealer in intangibles	67281
may be tendered by the payee or transferee thereof to the	67282
treasurer of state as payment for any taxes allocable to the	67283
county in which the claim for overpayment arose.	67284

Sec. 5725.26. The real estate of a financial institution or	67285
dealer in intangibles shall be taxed in the place where it is	67286
located, the same as the real estate of persons is taxed, but the	67287
taxes provided for in Chapters 5725., 5726., and 5733. of the	67288
Revised Code, shall be in lieu of all other taxes on the other	67289
property and assets of such institution or dealer, except personal	67290
property taxable under Chapter 5711. of the Revised Code and	67291
leased, or held for the purpose of leasing, to others if the owner	67292
or lessor of the property acquired it for the sole purpose of	67293
leasing it to others.	67294

For reports required to be filed under section 5725.14 of the	67295
Revised Code in 2003 and thereafter, nothing in this section shall	67296
be construed to exempt the property of any dealer in intangibles	67297
under section 5725.13 of the Revised Code from the tax imposed	67298
under section 5707.03 of the Revised Code.	67299

Sec. 5725.33. (A) Except as otherwise provided in this	67300
section, terms used in this section have the same meaning as	67301
section 45D of the Internal Revenue Code, any related proposed,	67302
temporary or final regulations promulgated under the Internal	67303
Revenue Code, any rules or guidance of the internal revenue	67304
service or the United States department of the treasury, and any	67305
related rules or guidance issued by the community development	67306
financial institutions fund of the United States department of the	67307
treasury, as such law, regulations, rules, and guidance exist on	67308
the effective date of the ~~enactment~~amendment of this section by	67309
H.....B. 1.... of the ~~128th~~129th general assembly.	67310

As used in this section:

67311

(1) ~~"Adjusted purchase price" means the amount paid for~~	67312
~~qualified equity investments multiplied by the qualified~~	67313
~~low-income community investments made by the issuer in projects~~	67314
~~located in this state as a percentage of the total amount of~~	67315
~~qualified low-income community investments made by the issuer in~~	67316
~~projects located in all states on the credit allowance date during~~	67317
~~the applicable tax year, subject to divisions (B)(1) and (2) of~~	67318
~~this section.~~	67319

~~(2)~~ "Applicable percentage" means ~~zero~~five per cent for each	67320
of the first ~~two~~three credit allowance dates~~, seven per cent for~~	67321
~~the third credit allowance date,~~ and ~~eight~~six per cent for the	67322
four following credit allowance dates.	67323

~~(3)~~(2) "Credit allowance date" means the date, on or after	67324
January 1, 2010, a qualified equity investment is made and each of	67325
the six anniversary dates thereafter. For qualified equity	67326
investments made after ~~the effective date of this section~~October	67327
16, 2009, but before January 1, 2010, the initial credit allowance	67328
date is January 1, 2010, and each of the six anniversary dates	67329
thereafter is on the first day of January of each year.	67330

~~(4) "Qualified active low-income community business" excludes~~	67331
~~any business that derives or projects to derive fifteen per cent~~	67332
~~or more of annual revenue from the rental or sale of real~~	67333
~~property, except any business that is a special purpose entity~~	67334
~~principally owned by a principal user of that property formed~~	67335
~~solely for the purpose of renting, either directly or indirectly,~~	67336
~~or selling real property back to such principal user if such~~	67337
~~principal user does not derive fifteen per cent or more of its~~	67338
~~gross annual revenue from the rental or sale of real property.~~	67339

~~(5)~~(3) "Qualified community development entity" includes only	67340
entities:	67341

(a) That have entered into an allocation agreement with the	67342
community development financial institutions fund of the United	67343
States department of the treasury with respect to credits	67344
authorized by section 45D of the Internal Revenue Code;	67345

(b) Whose service area includes any portion of this state;	67346
and	67347

(c) That will designate an equity investment in such entities	67348
as a qualified equity investment for purposes of both section 45D	67349
of the Internal Revenue Code and this section. The investment may	67350
be committed from any qualified community development entity.	67351

~~(6)~~(4) "Qualified equity investment" is limited to an equity	67352
investment in a qualified community development entity that:	67353

(a) Is acquired after ~~the effective date of the enactment of~~	67354
~~this section~~October 16, 2009, at its original issuance solely in	67355
exchange for cash;	67356

(b) Has at least eighty-five per cent of its cash purchase	67357
price used by the qualified community development entity to make	67358
qualified low-income community investments, provided that in the	67359
seventh year after a qualified equity investment is made, only	67360
seventy-five per cent of such cash purchase price must be used by	67361
the qualified community development entity to make qualified	67362
low-income community investments; and	67363

(c) Is designated by the issuer as a qualified equity	67364
investment.	67365

"Qualified equity investment" includes any equity investment	67366
that would, but for division (A)~~(6)~~(4)(a) of this section, be a	67367
qualified equity investment in the hands of the taxpayer if such	67368
investment was a qualified equity investment in the hands of a	67369
prior holder.	67370

(B) There is hereby allowed a nonrefundable credit against	67371
the tax imposed by section 5725.18 of the Revised Code for an	67372
insurance company holding a qualified equity investment on the	67373
credit allowance date occurring in the calendar year for which the	67374
tax is due. The credit shall equal the applicable percentage of	67375
the ~~adjusted purchase price of~~ qualified low-income community	67376
investments, subject to divisions (B)(1) and (2) of this section:	67377

(1) For the purpose of calculating the amount of qualified	67378
low-income community investments held by a qualified community	67379
development entity, an investment shall be considered held by a	67380
qualified community development entity even if the investment has	67381
been sold or repaid, provided that, at any time before the seventh	67382
anniversary of the issuance of the qualified equity investment,	67383
the qualified community development entity reinvests an amount	67384
equal to the capital returned to or received or recovered by the	67385
qualified community development entity from the original	67386
investment, exclusive of any profits realized and costs incurred	67387
in the sale or repayment, in another qualified low-income	67388
community investment within twelve months of the receipt of such	67389
capital. If the qualified low-income community investment is sold	67390
or repaid after the sixth anniversary of the issuance of the	67391
qualified equity investment, the qualified low-income community	67392
investment shall be considered held by the ~~qualfied~~qualified	67393
community development entity through the seventh anniversary of	67394
the qualified equity investment's issuance.	67395

(2) The qualified low-income community investment shall be	67396
made in projects located in this state and shall equal the sum of	67397
the qualified low-income community investments in each qualified	67398
active low-income community business in this state, not to exceed	67399
two million five hundred sixty-four thousand one hundred three	67400
dollars, in which the qualified community development entity	67401
invests, including such investments in any such businesses in this	67402
state related to that qualified active low-income community	67403
business through majority ownership or control. The credit for the	67404
sum of such investments shall not exceed one million dollars.	67405

The credit shall be claimed in the order prescribed by	67406
section 5725.98 of the Revised Code. If the amount of the credit	67407
exceeds the amount of tax otherwise due after deducting all other	67408
credits in that order, the excess may be carried forward and	67409
applied to the tax due for not more than four ensuing years.	67410

By claiming a tax credit under this section, an insurance	67411
company waives its rights under section 5725.222 of the Revised	67412
Code with respect to the time limitation for the assessment of	67413
taxes as it relates to credits claimed that later become subject	67414
to recapture under division (E) of this section.	67415

(C) The amount of qualified equity investments on the basis	67416
of which credits may be claimed under this section and sections	67417
5729.16 and 5733.58 of the Revised Code shall not exceed the	67418
amount, estimated by the director of development, that would cause	67419
the total amount of credits allowed each fiscal year to exceed ten	67420
million dollars, computed without regard to the potential for	67421
taxpayers to carry tax credits forward to later years.	67422

(D) If any amount of the federal tax credit allowed for a	67423
qualified equity investment for which a credit was received under	67424
this section is recaptured under section 45D of the Internal	67425
Revenue Code, or if the director of development services	67426
determines that an investment for which a tax credit is claimed	67427
under this section is not a qualified equity investment or that	67428
the proceeds of an investment for which a tax credit is claimed	67429
under this section are used to make qualified low-income community	67430
investments other than in a qualified active low-income community	67431
business, all or a portion of the credit received on account of	67432
that investment shall be paid by the insurance company that	67433
received the credit to the superintendent of insurance. The amount	67434
to be recovered shall be determined by the director of development	67435
services pursuant to rules adopted under division (E) of this	67436
section. The director shall certify any amount due under this	67437
division to the superintendent of insurance, and the	67438
superintendent shall notify the treasurer of state of the amount	67439
due. Upon notification, the treasurer shall invoice the insurance	67440
company for the amount due. The amount due is payable not later	67441
than thirty days after the date the treasurer invoices the	67442
insurance company. The amount due shall be considered to be tax	67443
due under section 5725.18 of the Revised Code, and may be	67444
collected by assessment without regard to the time limitations	67445
imposed under section 5725.222 of the Revised Code for the	67446
assessment of taxes by the superintendent. All amounts collected	67447
under this division shall be credited as revenue from the tax	67448
levied under section 5725.18 of the Revised Code.	67449

(E) The tax credits authorized under this section and	67450
sections 5726.54, 5729.16, and 5733.58 of the Revised Code shall	67451
be administered by the department of development services. The	67452
director of development services, in consultation with the tax	67453
commissioner and the superintendent of insurance, pursuant to	67454
Chapter 119. of the Revised Code, shall adopt rules for the	67455
administration of this section and sections 5726.54, 5729.16, and	67456
5733.58 of the Revised Code. The rules shall provide for	67457
determining the recovery of credits under division (D) of this	67458
section~~, division (D) of section~~and under sections 5726.54,	67459
5729.16, and ~~section~~ 5733.58 of the Revised Code, including	67460
prorating the amount of the credit to be recovered on any	67461
reasonable basis, the manner in which credits may be allocated	67462
among claimants, and the amount of any application or other fees	67463
to be charged in connection with a recovery.	67464

(F) There is hereby created in the state treasury the new	67465
markets tax credit operating fund. The director of development	67466
services is authorized to charge reasonable application and other	67467
fees in connection with the administration of tax credits	67468
authorized by this section and sections 5726.54, 5729.16, and	67469
5733.58 of the Revised Code. Any such fees collected shall be	67470
credited to the fund. The director of development services shall	67471
use money in the fund to pay expenses related to the	67472
administration of tax credits authorized under sections 5725.33,	67473
5726.54, 5729.16, and 5733.58 of the Revised Code.	67474

Sec. 5726.01. As used in this chapter:

67475

(A) "Bank organization" means any of the following:

67476

(1) A national bank organized and operating as a national	67477
bank association pursuant to the "National Bank Act," 13 Stat. 100	67478
(1864), 12 U.S.C. 21, et seq.;	67479

(2) A federal savings association or federal savings bank	67480
chartered under 12 U.S.C. 1464;	67481

(3) A bank, banking association, trust company, savings and	67482
loan association, savings bank, or other banking institution that	67483
is organized or incorporated under the laws of the United States,	67484
any state, or a foreign country;	67485

(4) Any corporation organized and operating pursuant to 12	67486
U.S.C. 611, et seq.;	67487

(5) Any agency or branch of a foreign bank, as those terms	67488
are defined in 12 U.S.C. 3101;	67489

(6) An entity licensed as a small business investment company	67490
under the "Small Business Investment Act of 1958," 72 Stat. 689,	67491
15 U.S.C. 661, et seq.;	67492

(7) A company chartered under the "Farm Credit Act of 1933,"	67493
48 Stat. 257, or a successor of such a company.	67494

"Bank organization" does not include an institution organized	67495
under the "Federal Farm Loan Act," 39 Stat. 360 (1916), or a	67496
successor of such an institution, an insurance company, or a	67497
credit union.	67498

(B) "Call report" means the consolidated reports of condition	67499
and income prescribed by the federal financial institutions	67500
examination council that a person is required to file with a	67501
federal regulatory agency pursuant to 12 U.S.C. 161, 12 U.S.C.	67502
324, or 12 U.S.C. 1817.	67503

(C) "Credit union" means a nonprofit cooperative financial	67504
institution organized or chartered under the laws of this state,	67505
any other state, or the United States.	67506

(D) "Document of creation" means the articles of	67507
incorporation of a corporation, articles of organization of a	67508
limited liability company, registration of a foreign limited	67509
liability company, certificate of limited partnership,	67510
registration of a foreign limited partnership, registration of a	67511
domestic or foreign limited liability partnership, or registration	67512
of a trade name.	67513

(E) "Financial institution" means a bank organization, a	67514
holding company of a bank organization, or a nonbank financial	67515
organization, except when one of the following applies:	67516

(1) If two or more such entities are consolidated for the	67517
purposes of filing an FR Y-9, "financial institution" means a	67518
group consisting of all such entities that are included in the FR	67519
Y-9.	67520

(2) If two or more such entities are consolidated for the	67521
purposes of filing a call report, "financial institution" means a	67522
group consisting of all such entities that are included in the	67523
call report and that are not included in a group described in	67524
division (E)(1) of this section.	67525

(3) If a nonbank financial organization directly or	67526
indirectly owns or controls more than fifty per cent of the	67527
ownership interests in one or more other nonbank financial	67528
organizations, or if another common owner owns or controls more	67529
than fifty per cent of the ownership interests in two or more	67530
nonbank financial organizations, "financial institution" means a	67531
group consisting of all such nonbank financial organizations that	67532
are not included in a group described in division (E)(1) or (2) of	67533
this section.	67534

"Financial institution" does not include a diversified	67535
savings and loan holding company as defined in 12 U.S.C. 1467a.	67536

(F) "FR Y-9" means the consolidated or parent-only financial	67537
statements that a holding company is required to file with the	67538
federal reserve board pursuant to 12 U.S.C. 1844. In the case of a	67539
holding company required to file both consolidated and parent-only	67540
financial statements, "FR Y-9" means the consolidated financial	67541
statements that the holding company is required to file.	67542

(G) "Gross receipts" means all items of income, without	67543
deduction for expenses. If the reporting person for a taxpayer is	67544
a holding company, "gross receipts" includes all items of income	67545
reported on the FR Y-9 filed by the holding company. If the	67546
reporting person for a taxpayer is a bank organization, "gross	67547
receipts" includes all items of income reported on the call report	67548
filed by the bank organization. If the reporting person for a	67549
taxpayer is a nonbank financial organization, "gross receipts"	67550
includes all items of income reported in accordance with generally	67551
accepted accounting principles.	67552

(H) "Insurance company" means every corporation, association,	67553
and society engaged in the business of insurance of any character,	67554
or engaged in the business of entering into contracts	67555
substantially amounting to insurance of any character, or of	67556
indemnifying or guaranteeing against loss or damage, or acting as	67557
surety on bonds or undertakings. "Insurance company" also includes	67558
any health insuring corporation as defined in section 1751.01 of	67559
the Revised Code.	67560

(I)(1) "Nonbank financial organization" means every person	67561
that is not a bank organization and that engages in a business	67562
that consists primarily of lending money; discounting,	67563
securitizing, buying, or selling bills of exchange, drafts,	67564
acceptances, notes, mortgages, or other evidences of indebtedness;	67565
or securitizing, buying, or selling bonds, stocks, or other	67566
investment securities, whether on the person's own account, or as	67567
an agent or broker for others, with a view to profit or personal	67568
earnings. The investment of funds as personal accumulations or as	67569
business reserves or working capital shall not constitute engaging	67570
in a business within the meaning of this division, provided that a	67571
"nonbank financial organization" shall include any person that	67572
was, but is not currently, engaged in a business within the	67573
meaning of this division and that remains in business primarily	67574
for the purpose of realizing upon the assets of the business.	67575
"Nonbank financial organization" does not include an institution	67576
organized under the "Federal Farm Loan Act," 39 Stat. 360 (1916),	67577
or a successor of such an institution, an insurance company, a	67578
credit union, or an institution organized and operated exclusively	67579
for charitable purposes within the meaning of section 501(c)(3) of	67580
the Internal Revenue Code.	67581

(2) The tax commissioner shall adopt a rule defining	67582
"primarily" as that term is used in division (I)(1) of this	67583
section.	67584

(J) "Reporting person" means one of the following:

67585

(1) In the case of a financial institution described in	67586
division (E)(1) of this section, the top-tier holding company	67587
required to file an FR Y-9.	67588

(2) In the case of a financial institution described in	67589
division (E)(2) of this section, the bank organizationrequired to	67590
file the call report.	67591

(3) In the case of a financial institution described in	67592
division (E)(3) of this section, the nonbank financial	67593
organization that directly or indirectly owns or controls more	67594
than fifty per cent of the ownership interests in the other	67595
nonbank financial organizations or, if the common owner is not a	67596
nonbank financial organization, a member of the group described in	67597
division (E)(3) of this section selected by the group to be the	67598
reporting person for purposes of this chapter.	67599

(4) In the case of a bank organization or nonbank financial	67600
organization that is not included in a group described in division	67601
(E)(1), (2), or (3) of this section, the bank organization or	67602
nonbank financial organization.	67603

(K) "Tax year" means the calendar year for which the tax	67604
levied under section 5726.02 of the Revised Code is required to be	67605
paid.	67606

(L) "Taxable year" means the calendar year preceding the year	67607
in which an annual report is required to be filed under section	67608
5726.03 of the Revised Code.	67609

(M) "Taxpayer" means a financial institution subject to the	67610
tax levied under section 5726.02 of the Revised Code.	67611

(N) "Total equity capital" means the sum of the common stock	67612
at par value, perpetual preferred stock and related surplus, other	67613
surplus not related to perpetual preferred stock, retained	67614
earnings, accumulated other comprehensive income, treasury stock,	67615
unearned employee stock ownership plan shares, and other equity	67616
components of a financial institution.	67617

(O) "Total Ohio equity capital" means the portion of the	67618
total equity capital of a financial institution apportioned to	67619
Ohio pursuant to section 5726.05 of the Revised Code.	67620

Sec. 5726.02. (A) For the purpose of funding the needs of	67621
this state and its local governments beginning with the tax year	67622
that commences on January 1, 2014, and continuing for every tax	67623
year thereafter, there is hereby levied a tax on each financial	67624
institution for the privilege of doing business in this state.	67625
Financial institutions upon which the tax is levied include	67626
financial institutions organized for profit and conducting	67627
business as a financial institution in this state and financial	67628
institutions otherwise having nexus in or with this state under	67629
the Constitution of the United States. The tax is an annual	67630
privilege tax that shall be paid in each tax year for the	67631
privilege of doing business in this state for any portion of the	67632
calendar year preceding the tax year.	67633

(B) The amount of tax a financial institution is required to	67634
pay under this chapter shall equal the greater of the minimum tax	67635
required under division (A)(1) of section 5726.04 of the Revised	67636
Code or the amount by which the tax calculated under division	67637
(A)(2) of that section exceeds any credits allowed against the	67638
tax.	67639

Sec. 5726.03. (A)(1) Annually, on or before the thirty-first	67640
day of March, or on or before a later date as extended under	67641
division (B) of this section, the reporting person for each	67642
taxpayer shall make a report in writing to the tax commissioner,	67643
in such form as the commissioner prescribes, and shall remit to	67644
the commissioner the amount of tax shown to be due on the report.	67645
The remittance shall be made payable to the treasurer of state.	67646
The remittance shall be made in the form prescribed by the	67647
commissioner, including by electronic funds transfer if so	67648
required under division (D) of this section. The commissioner	67649
shall make available, on the official internet web site of the	67650
department of taxation, copies of the forms prescribed by the	67651
commissioner for the purpose of making the annual report.	67652

(2) A domestic reporting person shall not dissolve, and a	67653
foreign reporting person shall not withdraw or retire from	67654
business in Ohio, on or after the first day of January of any year	67655
without filing an annual report with the commissioner and paying	67656
or securing the tax due for the tax year in which such dissolution	67657
or withdrawal occurs.	67658

(3) An annual report shall be signed by the president,	67659
vice-president, secretary, treasurer, general manager,	67660
superintendent, or managing agent in this state of the reporting	67661
person.	67662

(4) An annual report shall contain the facts, figures,	67663
computations, and attachments that result in the determination of	67664
the amount of tax due from a taxpayer under this chapter.	67665

(B) The tax commissioner may extend, for not more than three	67666
months, the period of time for filing an annual report. The	67667
extension of time to file an annual report shall not extend the	67668
time for payment of the tax. Any tax not paid on or before the due	67669
date for such payment shall be subject to penalty and interest as	67670
provided in this chapter.	67671

(C)(1) In the case of a financial institution described in	67672
division (E)(1) of section 5726.01 of the Revised Code, the annual	67673
report filed for a taxable year shall list, and include	67674
information related to, each person includable in an FR Y-9 filed	67675
by the reporting person for that taxable year.	67676

(2) In the case of a financial institution described in	67677
division (E)(2) of section 5726.01 of the Revised Code, the annual	67678
report for a taxable year shall list, and include information	67679
related to, each person includable in a call report filed by the	67680
reporting person for that taxable year.	67681

(3) In the case of a financial institution described in	67682
division (E)(3) of section 5726.01 of the Revised Code, the annual	67683
report for a taxable year shall list, and include information	67684
related to, each nonbank financial organization that is a member	67685
of the group described in that division.	67686

(D)(1) Except as provided in division (D)(4) of this section,	67687
if the total liability of a taxpayer for the tax imposed by	67688
section 5726.02 of the Revised Code, after reduction for all	67689
credits allowed to the taxpayer, exceeds fifty thousand dollars in	67690
a tax year, the reporting person for the taxpayer shall remit tax	67691
payments for each succeeding tax year by electronic funds transfer	67692
in accordance with division (D) of this section.	67693

If a taxpayer's total tax payments for each of two	67694
consecutive tax years is less than fifty thousand dollars, the	67695
taxpayer is relieved of the requirement to remit taxes by	67696
electronic funds transfer for the tax year that next follows the	67697
second of the consecutive years in which the tax payment is less	67698
than that amount, and is relieved of that requirement for each	67699
succeeding year, unless the tax payment in a subsequent tax year	67700
equals or exceeds fifty thousand dollars.	67701

The tax commissioner shall notify each taxpayer required to	67702
remit taxes by electronic funds transfer of the taxpayer's	67703
obligation to do so. The commissioner shall maintain an updated	67704
list of such taxpayers and provide the list, along with any	67705
additions to or deletions from the list, to the treasurer of	67706
state. Failure by the tax commissioner to notify a taxpayer of its	67707
obligation to remit taxes by electronic funds transfer under	67708
division (D) of this section shall not relieve the taxpayer of	67709
such obligation.	67710

(2) The reporting person for a taxpayer required to remit tax	67711
payments by electronic funds transfer under division (D)(1) of	67712
this section shall remit such payments to the treasurer of state	67713
in the manner prescribed by rules adopted by the treasurer under	67714
section 113.061 of the Revised Code.	67715

(3) The payment of taxes by electronic funds transfer shall	67716
not affect a taxpayer's obligation to file an annual report	67717
required under division (A) of this section.	67718

(4) The reporting person for a taxpayer that is required to	67719
remit tax payments by electronic funds transfer under this section	67720
may apply to the treasurer of state, in the manner prescribed by	67721
the treasurer, to be excused from that requirement. The treasurer	67722
may excuse the taxpayer from remittance by electronic funds	67723
transfer for good cause shown for the period of time requested by	67724
the reporting person or for a portion of that period. The	67725
treasurer shall notify the tax commissioner and the taxpayer of	67726
the treasurer's decision as soon as is practicable.	67727

(5)(a) If the reporting person for a taxpayer that is	67728
required to remit tax payments by electronic funds transfer under	67729
this section remits those payments by some means other than	67730
electronic funds transfer as prescribed by this section and the	67731
rules adopted by the treasurer of state, and if the treasurer	67732
determines that such failure was not due to reasonable cause or	67733
was due to willful neglect, the treasurer shall notify the tax	67734
commissioner of the failure to remit by electronic funds transfer	67735
and shall provide the commissioner with any information used in	67736
making that determination.	67737

(b) For the failure of a reporting person to remit payments	67738
by electronic funds transfer, the tax commissioner may collect an	67739
additional charge by assessment against the taxpayer in the manner	67740
prescribed by section 5726.20 of the Revised Code. The additional	67741
charge shall equal five per cent of the amount of taxes or	67742
estimated tax payments required to be paid by electronic funds	67743
transfer, but shall not exceed five thousand dollars. An	67744
additional charge assessed under this section is in addition to	67745
any other penalty or charge imposed under this chapter and shall	67746
be considered as revenue arising from the tax levied under this	67747
chapter. The tax commissioner may remit all or a portion of such a	67748
charge and may adopt rules governing such remission.	67749

(c) No additional charge shall be assessed under division	67750
(D)(5) of this section against a taxpayer that has been notified	67751
of its obligation to remit taxes under this section and that	67752
remits its first two tax payments after such notification by some	67753
means other than electronic funds transfer. The additional charge	67754
may be assessed upon the remittance of any subsequent tax payment	67755
that the reporting person for the taxpayer remits by some means	67756
other than electronic funds transfer.	67757

Sec. 5726.04. (A) The tax levied on a financial institution	67758
under this chapter shall be the greater of the following:	67759

(1) A minimum tax equal to one thousand dollars;

67760

(2) The product of the total Ohio equity capital of the	67761
financial institution, as determined under this section,	67762
multiplied by eight mills for each dollar of the first five	67763
hundred million dollars of total Ohio equity capital and by two	67764
and one-half mills for each dollar of total Ohio equity capital in	67765
excess of five hundred million dollars.	67766

(B) If the reporting person for a financial institution files	67767
an FR Y-9 or call report, the total equity capital of the	67768
financial institution shall equal the total equity capital shown	67769
on the reporting person's FR Y-9 or call report as of the end of	67770
the taxable year. The total equity capital of all other financial	67771
institutions shall be reported as of the end of the taxable year	67772
in accordance with generally accepted accounting principles.	67773

(C) For the purposes of this section, "total Ohio equity	67774
capital" means the product of the total equity capital of a	67775
financial institution as of the end of a taxable year multiplied	67776
by the Ohio apportionment ratio calculated for the financial	67777
institution under section 5726.05 of the Revised Code.	67778

(D) All payments received from the tax levied under this	67779
chapter shall be credited to the general revenue fund.	67780

(E)(1) As used in this division:

67781

(a) "Target tax amount" means two hundred twenty-five million	67782
dollars.	67783

(b) "Amount of taxes collected" means the amount of taxes	67784
received by the tax commissioner from the tax levied under this	67785
chapter for a tax year, less any amounts refunded to taxpayers for	67786
the same tax year.	67787

(2) If, for the tax year beginning on January 1, 2014, the	67788
total amount of taxes collected from all taxpayers under this	67789
chapter is greater than one hundred ten per cent of the target tax	67790
amount, the tax commissioner shall decrease each tax rate provided	67791
in division (A)(2) of this section by a percentage equal to the	67792
difference of (a) the percentage by which the amount of taxes	67793
collected exceeded the target tax amount minus (b) ten per cent of	67794
the target tax amount.	67795

(3) If, for the tax year beginning on January 1, 2014, the	67796
total amount of taxes collected from all taxpayers under this	67797
chapter is less than ninety per cent of the target tax amount, the	67798
tax commissioner shall increase each tax rate provided in division	67799
(A)(2) of this section by a percentage equal to the difference of	67800
(a) the percentage by which the target tax amount exceeded the	67801
amount of taxes collected minus (b) ten per cent of the target tax	67802
amount.	67803

(4) Tax rates adjusted pursuant to division (E)(2) or (3) of	67804
this section shall be rounded to the nearest one-tenth of one mill	67805
per dollar. The tax commissioner shall publish the new tax rates	67806
by journal entry and provide notice of the new tax rates to	67807
taxpayers. The new tax rates shall apply to tax years beginning on	67808
or after January 1, 2015.	67809

Sec. 5726.05. (A) An apportionment factor shall be used to	67810
determine the total Ohio equity capital of a financial	67811
institution. The factor shall be based upon the gross receipts	67812
generated by the financial institution and reported in the same	67813
manner as provided for the determination of the financial	67814
institution's total equity capital for a tax year under division	67815
(B) of section 5726.04 of the Revised Code.	67816

(B) Gross receipts generated by a financial institution shall	67817
be sitused to this state in the proportion that the customers'	67818
benefit in this state with respect to the services received bears	67819
to the customers' benefit everywhere with respect to the services	67820
received. The physical location where the customer ultimately uses	67821
or receives the benefit of what was received shall be paramount in	67822
determining the proportion of the benefit in this state to the	67823
benefit everywhere. The method of calculating gross receipts for	67824
purposes of the denominator shall be the same as the method used	67825
in determining gross receipts for purposes of the numerator.	67826

(C) Gross receipts from the sale of capital assets shall be	67827
excluded from both the numerator and the denominator of the	67828
apportionment factor.	67829

(D) If the apportionment provisions of this section do not	67830
fairly represent the extent of the taxpayer's business activity in	67831
this state, the taxpayer may request, or the tax commissioner may	67832
require or permit, an alternative method. Such a request must be	67833
made within any applicable statute of limitations set forth in	67834
this chapter.	67835

(E) The tax commissioner shall adopt administrative rules to	67836
provide additional guidance for the application of this section.	67837

Sec. 5726.06. (A) The reporting person for a taxpayer shall	67838
file estimated tax reports and remit the amount of tax estimated	67839
to be due for a tax year to the tax commissioner as follows:	67840

(1) The minimum tax required under division (A)(1) of section	67841
5726.04 of the Revised Code or one-third of the estimated tax,	67842
whichever is greater, on or before the fifteenth day of August of	67843
the year preceding the tax year;	67844

(2) One-half of the amount by which the estimated tax exceeds	67845
the amount paid under division (A)(1) of this section on or before	67846
the fifteenth day of November of the year preceding the tax year;	67847

(3) One-half of the amount by which the estimated tax exceeds	67848
the amount paid under division (A)(1) of this section on or before	67849
the fifteenth day of February of the tax year.	67850

(B)(1) Remittance of the estimated tax shall be made payable	67851
to the treasurer of state and shall be made in the form prescribed	67852
by the tax commissioner, including by electronic funds transfer if	67853
the taxpayeris required to remit payments by that method under	67854
section 5726.03 of the Revised Code.	67855

(2) The tax commissioner shall immediately forward to the	67856
treasurer of state all amounts received under this section, and	67857
the treasurer of state shall credit all payments of such estimated	67858
tax as provided in division (D) of section 5726.04 of the Revised	67859
Code.	67860

(C) If a taxpayer was not subject to the tax imposed by	67861
section 5726.02 of the Revised Code for the tax year in which the	67862
payment is due under division (A)(1) of this section for the	67863
succeeding tax year, "estimated tax" for purposes of this section	67864
means ninety per cent of the amount that the taxpayer estimates to	67865
be the sum of its liability under section 5726.02 of the Revised	67866
Code for that succeeding tax year. If a taxpayer was subject to	67867
the tax for the tax year in which the payment is due under	67868
division (A)(1) of this section for the succeeding tax year,	67869
"estimated tax" for purposes of this section means the lesser of	67870
(1) one hundred per cent of the taxpayer's tax liability for the	67871
current tax year or (2) ninety per cent of the amount the taxpayer	67872
estimates to be the sum of its liability under section 5726.02 of	67873
the Revised Code for the succeeding tax year.	67874

Sec. 5726.07. (A) In the case of an underpayment of estimated	67875
taxes required to be paid under section 5726.06 of the Revised	67876
Code, interest upon the amount of underpayment, calculated at the	67877
rate per annum prescribed by section 5703.47 of the Revised Code	67878
for the period of underpayment, shall be added to the tax due for	67879
the tax year for which the estimated tax is paid.	67880

(B) The amount of underpayment upon which such interest is	67881
computed equals the amount by which division (B)(1) of this	67882
section exceeds division (B)(2) of this section.	67883

(1) The amount of the estimated tax payment that would be	67884
required to be paid if the total estimated tax due were equal to	67885
the amount of tax shown to be due on the annual report filed for	67886
the tax year or, if no report was filed, the total amount of tax	67887
due for the tax year;	67888

(2) The amount, if any, of the estimated tax that has been	67889
paid on or before the last day prescribed for such payment.	67890

(C) The period of underpayment for which such interest is	67891
computed shall run from the date the estimated tax payment was	67892
required to be made to the date the payment is made.	67893

For purposes of this section, a payment of estimated tax on	67894
any payment date shall be considered a payment of any previous	67895
underpayment only to the extent that such payment exceeds the	67896
amount of payment currently due.	67897

Sec. 5726.08. Except as otherwise provided in this section,	67898
if any report, claim, statement, or other document required to be	67899
filed, or any payment required to be made, within a prescribed	67900
period or on or before a prescribed date under this chapter is,	67901
after such period or date, delivered by United States mail to the	67902
agency, officer, or office with which such report, claim,	67903
statement, or other document is required to be filed, or to which	67904
such payment is required to be made, the date of the postmark	67905
stamped on the cover in which such report, claim, statement, or	67906
other document, or payment is mailed shall be deemed the date of	67907
delivery or the date of payment.	67908

If a payment is required to be made by electronic funds	67909
transfer pursuant to division (D) of section 5726.03 of the	67910
Revised Code, the payment is considered to be made when the	67911
payment is received by the treasurer of state or credited to an	67912
account designated by the treasurer of state for the receipt of	67913
tax payments.	67914

As used in this section, "the date of the postmark" means, in	67915
the event there is more than one date on the cover, the earliest	67916
date imprinted on the cover by the post office.	67917

Sec. 5726.10. The tax commissioner shall enforce and	67918
administer this chapter. In addition to any other powers conferred	67919
upon the commissioner by law, the commissioner may do any of the	67920
following:	67921

(A) Prescribe all forms required to be filed pursuant to this	67922
chapter;	67923

(B) Promulgate such rules and regulations as the commissioner	67924
finds necessary to carry out this chapter;	67925

(C) Appoint and employ such personnel as are necessary to	67926
carry out the duties imposed upon the commissioner by this	67927
chapter.	67928

Sec. 5726.20. (A) The tax commissioner may make an	67929
assessment, based on any information in the commissioner's	67930
possession, against any person that fails to file a return or	67931
report or pay any tax as required by this chapter. The reporting	67932
person for a taxpayer shall file the annual report required under	67933
section 5726.02 of the Revised Code and remit the tax imposed by	67934
this chapter. Each person included in the annual report of the	67935
taxpayer is jointly and severally liable for the tax imposed by	67936
this chapter and any penalties and interest thereon. If the	67937
reporting person fails, for any reason, to file and remit any tax,	67938
the amount due may be collected by assessment against the	67939
reporting person and against any or all other persons required to	67940
be included in the annual report of the taxpayer in the manner	67941
provided by this section. The commissioner shall give the person	67942
assessed written notice of the assessment as provided in section	67943
5703.37 of the Revised Code. With the notice, the commissioner	67944
shall provide instructions on the manner in which to petition for	67945
reassessment and request a hearing with respect to the petition.	67946

(B) No assessment shall be made or issued against a person	67947
under this section more than four years after the later of the	67948
final date the report subject to assessment was required to be	67949
filed or the date such report was filed. Such time limit may be	67950
extended if both the person and the commissioner consent in	67951
writing to the extension or if an agreement waiving or extending	67952
the time limit has been entered into pursuant to section 122.171	67953
of the Revised Code. Any such extension shall extend the four-year	67954
time limit prescribed in division (A) of section 5726.30 of the	67955
Revised Code for the same period of time. There shall be no bar or	67956
limit to an assessment against a person that fails to file a	67957
report subject to assessment as required by this chapter, or that	67958
files a fraudulent report.	67959

(C) Unless the person assessed, within sixty days after	67960
service of the notice of assessment, files with the tax	67961
commissioner, either in person or by certified mail, a written	67962
petition for reassessment signed by the person or the person's	67963
authorized agent having knowledge of the facts, the assessment	67964
shall become final, and the amount of the assessment is due and	67965
payable from the person assessed to the treasurer of state. A	67966
petition shall indicate the objections of the person assessed, but	67967
additional objections may be raised in writing if received by the	67968
commissioner prior to the date shown on the final determination.	67969
If a petition for reassessment has been properly filed, the	67970
commissioner shall proceed under section 5703.60 of the Revised	67971
Code.	67972

(D)(1) After an assessment becomes final, if any portion of	67973
the assessment, including any accrued interest, remains unpaid, a	67974
certified copy of the tax commissioner's entry making the	67975
assessment final may be filed in the office of the clerk of the	67976
court of common pleas in the county in which the person resides or	67977
has its principal place of business in this state, or in the	67978
office of the clerk of court of common pleas of Franklin county.	67979

(2) Immediately upon the filing of the entry, the clerk shall	67980
enter judgment for the state against the person assessed in the	67981
amount shown on the entry. The judgment may be filed by the clerk	67982
in a loose-leaf book entitled, "special judgments for the	67983
financial institution tax" and shall have the same effect as other	67984
judgments. Execution shall issue upon the judgment at the request	67985
of the tax commissioner, and all laws applicable to sales on	67986
execution shall apply to sales made under the judgment.	67987

(3) The portion of the assessment not paid within sixty days	67988
after the day the assessment was issued shall bear interest at the	67989
rate per annum prescribed by section 5703.47 of the Revised Code	67990
from the date the tax commissioner issues the assessment until the	67991
date the assessment is paid. Interest shall be paid in the same	67992
manner as the tax and may be collected by the issuance of an	67993
assessment under this section.	67994

(E) If the tax commissioner believes that collection of the	67995
tax imposed by this chapter will be jeopardized unless proceedings	67996
to collect or secure collection of the tax are instituted without	67997
delay, the commissioner may issue a jeopardy assessment against	67998
the person liable for the tax. Immediately upon the issuance of	67999
the jeopardy assessment, the commissioner shall file an entry with	68000
the clerk of the court of common pleas in the manner prescribed by	68001
division (D) of this section. Notice of the jeopardy assessment	68002
shall be served on the person assessed or the person's authorized	68003
agent in the manner provided in section 5703.37 of the Revised	68004
Code within five days of the filing of the entry with the clerk.	68005
The total amount assessed shall be immediately due and payable,	68006
unless the person assessed files a petition for reassessment in	68007
accordance with division (C) of this section and provides security	68008
in a form satisfactory to the commissioner and in an amount	68009
sufficient to satisfy the unpaid balance of the assessment. Full	68010
or partial payment of the assessment shall not prejudice the	68011
commissioner's consideration of the petition for reassessment.	68012

(F) The tax commissioner shall immediately forward to the	68013
treasurer of state all amounts the commissioner receives under	68014
this section. Such amounts shall be considered as revenue arising	68015
from the tax imposed by this chapter.	68016

(G) If the tax commissioner possesses information indicating	68017
that the amount of tax a taxpayer is required to pay under this	68018
chapter exceeds the amount the reporting person for the taxpayer	68019
paid, the tax commissioner may audit a sample of the taxpayer's	68020
gross receipts over a representative period of time to ascertain	68021
the amount of tax due, and may issue an assessment based on the	68022
audit. The tax commissioner shall make a good faith effort to	68023
reach agreement with the taxpayer in selecting a representative	68024
sample. The tax commissioner may apply a sampling method only if	68025
the commissioner has prescribed the method by rule.	68026

(H) If the whereabouts of a person subject to this chapter is	68027
not known to the tax commissioner, the secretary of state is	68028
hereby deemed to be that person's agent for purposes of service of	68029
process or notice of any assessment, action, or proceedings	68030
instituted in this state against the person under this chapter.	68031
Such process or notice shall be served on such person by the	68032
commissioner or by an agent of the commissioner by leaving a true	68033
and attested copy of the process or notice at the office of the	68034
secretary of state at least fifteen days before the return day of	68035
such process or notice, and by sending a copy of the process or	68036
notice to such person by ordinary mail, with an endorsement	68037
thereon of the service upon the secretary of state, addressed to	68038
such person at the person's last known address.	68039

Sec. 5726.21. (A) In addition to any other penalty imposed by	68040
this chapter or Chapter 5703. of the Revised Code, the following	68041
penalties shall apply:	68042

(1) If a taxpayer required to file any report under this	68043
chapter fails to make and file the report within the time	68044
prescribed, including any extensions of time granted by the tax	68045
commissioner, a penalty may be imposed not exceeding the greater	68046
of fifty dollars per month or fraction of a month, not to exceed	68047
five hundred dollars, or five per cent per month or fraction of a	68048
month, not to exceed fifty per cent of the tax required to be	68049
shown on the report, for each month or fraction of a month	68050
elapsing between the due date, including extensions of the due	68051
date, and the date on which the report is filed.	68052

(2) If a taxpayer fails to pay the amount of tax required to	68053
be paid under this chapter, except for estimated tax under section	68054
5726.06 of the Revised Code, by the dates prescribed in this	68055
chapter for payment, a penalty may be imposed not exceeding	68056
fifteen per cent of the delinquent payment.	68057

(3) If a taxpayer files what purports to be a report required	68058
by this chapter that does not contain information upon which the	68059
substantial correctness of the report may be judged or contains	68060
information that on its face indicates that the report is	68061
substantially incorrect, and the filing of the report in that	68062
manner is due to a position that is frivolous or a desire that is	68063
apparent from the report to delay or impede the administration of	68064
the tax levied under this chapter, a penalty of up to five hundred	68065
dollars may be imposed.	68066

(4) If a taxpayer makes a fraudulent attempt to evade the	68067
reporting or payment of the tax required to be shown on any report	68068
required under this chapter, a penalty may be imposed not	68069
exceeding the greater of one thousand dollars or one hundred per	68070
cent of the tax required to be shown on the report.	68071

(5) If a taxpayer makes a false or fraudulent claim for a	68072
refund under this chapter, a penalty may be imposed not exceeding	68073
the greater of one thousand dollars or one hundred per cent of the	68074
claim.	68075

(B) The tax commissioner may collect any penalty imposed by	68076
this section in the same manner as the tax levied under this	68077
chapter. Penalties so collected shall be considered as revenue	68078
arising from the tax levied under this chapter.	68079

(C) For purposes of this section, the tax required to be	68080
shown on the report shall be reduced by the amount of any part of	68081
the tax paid on or before the date, including extensions of the	68082
date, prescribed for filing the report.	68083

(D) The tax commissioner may abate all or a portion of any	68084
penalties imposed under this section and may adopt rules governing	68085
such abatements.	68086

Sec. 5726.30. (A) The tax commissioner shall refund the	68087
amount of taxes imposed under this chapter that a person overpaid,	68088
paid illegally or erroneously, or paid on an illegal or erroneous	68089
assessment. The person shall file an application for refund with	68090
the tax commissioner, on the form prescribed by the commissioner,	68091
within four years after the date of the illegal or erroneous	68092
payment of the tax, or within any additional period allowed under	68093
division (B) of section 5726.20 of the Revised Code. The applicant	68094
shall provide the amount of the requested refund along with the	68095
claimed reasons for, and documentation to support, the issuance of	68096
a refund.	68097

For purposes of this division, a payment that an applicant	68098
made before the due date or extended due date for filing the	68099
report to which the payment relates shall be deemed to have been	68100
made on the due date or extended due date of the report.	68101

(B) Upon the filing of a refund application, the tax	68102
commissioner shall determine the amount of refund to which the	68103
applicant is entitled. If the amount is not less than that	68104
claimed, the commissioner shall certify the amount to the director	68105
of budget and management and treasurer of state for payment from	68106
the tax refund fund created under section 5703.052 of the Revised	68107
Code. If the amount is less than that claimed, the commissioner	68108
shall proceed in accordance with section 5703.70 of the Revised	68109
Code.	68110

(C)(1) Except as provided in division (C)(2) of this section,	68111
interest on a refund applied for under this section, computed at	68112
the rate provided for in section 5703.47 of the Revised Code,	68113
shall be allowed from the later of the date the tax was paid or	68114
the date the tax payment was due until the refund is paid.	68115

(2) No interest shall be allowed under this section on an	68116
amount refunded to a person to the extent that the refund results	68117
from the allowance of a refundable credit against the tax imposed	68118
by section 5726.02 of the Revised Code.	68119

Sec. 5726.31. As used in this section, "debt to this state"	68120
means unpaid taxes due the state, unpaid workers' compensation	68121
premiums due under section 4123.35 of the Revised Code, unpaid	68122
unemployment compensation contributions due under section 4141.25	68123
of the Revised Code, unpaid unemployment compensation payments in	68124
lieu of contributions due under section 4141.241 of the Revised	68125
Code, unpaid claims certified under section 131.02 or 131.021 of	68126
the Revised Code, unpaid fees payable to the state or to the clerk	68127
of courts pursuant to section 4505.06 of the Revised Code or any	68128
unpaid charge, penalty, or interest arising from any of the	68129
foregoing.	68130

If a person entitled to a refund under section 5726.30 of the	68131
Revised Code owes any debt to this state, the amount refundable	68132
may be applied in satisfaction of the debt. If the amount	68133
refundable is less than the amount of the debt, it may be applied	68134
in partial satisfaction of the debt. If the amount refundable is	68135
greater than the amount of the debt, the amount remaining after	68136
satisfaction of the debt shall be refunded. If the taxpayer has	68137
more than one such debt, any debt subject to section 5739.33 or	68138
division (G) of section 5747.07 of the Revised Code shall be	68139
satisfied first.	68140

Except as provided in section 131.021 of the Revised Code,	68141
this section applies only to debts that have become final. For the	68142
purposes of this section, a debt becomes final when, under the	68143
applicable law, any time provided for petition for reassessment,	68144
request for reconsideration, or other appeal of the legality or	68145
validity of the amount giving rise to the debt expires without an	68146
appeal having been filed in the manner provided by law.	68147

The tax commissioner may charge each respective agency of the	68148
state for the commissioner's cost in applying refunds to debts due	68149
to the state and may charge the attorney general for the	68150
commissioner's cost in applying refunds to certified claims. The	68151
commissioner may promulgate rules to implement this section.	68152

The commissioner may, with the consent of the reporting	68153
person for a taxpayer, provide for the crediting of the amount of	68154
any refund due to the taxpayer under this chapter for a tax year	68155
against the tax due for any succeeding tax year.	68156

Sec. 5726.32. If any tax due under this chapter is not paid	68157
on or before the date prescribed for its payment, interest shall	68158
be assessed, collected, and paid, in the same manner as the tax,	68159
upon such unpaid amount at the rate per annum prescribed by	68160
section 5703.47 of the Revised Code from the date prescribed for	68161
the payment of the tax until the date the tax is paid or the date	68162
an assessment is issued under section 5726.20 of the Revised Code,	68163
whichever is earlier. Interest so collected shall be considered as	68164
revenue arising from the tax imposed by this chapter.	68165

Sec. 5726.33. (A) As used in this section, "qualifying refund	68166
overpayment" means an amount received by a taxpayer in excess of a	68167
refund claimed or a request for payment made by the reporting	68168
person for the taxpayer on a return, report, or other document	68169
filed with the tax commissioner.	68170

(B) A taxpayer is not liable for any interest or penalty with	68171
respect to the repayment of a qualifying refund overpayment if the	68172
reporting person for the taxpayer pays the entire amount of the	68173
qualifying refund overpayment to the commissioner not later than	68174
thirty days after the taxpayer receives an assessment for the	68175
amount. If the reporting person does not pay the entire amount of	68176
the overpayment to the commissioner within the time prescribed by	68177
this section, interest shall accrue on the amount of the	68178
deficiency pursuant to section 5726.32 of the Revised Code from	68179
the date the commissioner issues the assessment until the date the	68180
deficiency is paid.	68181

Sec. 5726.36. (A) A person shall notify the tax commissioner	68182
when the person is no longer subject to the tax imposed by this	68183
chapter.	68184

(B) If the ownership structure of a financial institution	68185
changes such that a person is no longer includable in the annual	68186
report of the financial institution, the reporting person for the	68187
financial institution shall notify the commissioner of the change	68188
when the reporting person files its next annual report or in	68189
writing prior to the due date of that report.	68190

Sec. 5726.40. If a person, wherever organized, doing business	68191
in this state or owning or issuing all or part of the entity's	68192
capital or property in this state, and required by law to file any	68193
report or return or to pay any tax or fee under Title LVII of the	68194
Revised Code, fails or neglects to make such report or return or	68195
to pay any such tax or fee for ninety days after the time	68196
prescribed by law for making such report or return or for paying	68197
such tax or fee, the tax commissioner shall certify such fact to	68198
the secretary of state. The secretary of state shall thereupon	68199
cancel the document of creation authorizing the person to do	68200
business in this state. Upon such cancellation, all of the powers,	68201
privileges, and franchises conferred upon that person by its	68202
document of creation shall cease, subject to section 1701.88 of	68203
the Revised Code. The secretary of state shall immediately notify	68204
the person of the action taken by the secretary, and shall also	68205
forward for filing a certificate of the action so taken to the	68206
county recorder of the county in which the principal place of	68207
business of the person in this state is located. No fee shall be	68208
charged for the filing.	68209

Sec. 5726.41. No person shall exercise, or attempt to	68210
exercise, any powers, privileges, or franchises under the person's	68211
document of creation after the document is canceled pursuant to	68212
section 5726.40 of the Revised Code. A penalty of one hundred	68213
dollars shall be imposed for each day a violation of this section	68214
occurs, up to a maximum penalty of five thousand dollars.	68215

Sec. 5726.42. (A)(1) A person whose document of creation has	68216
been canceled by the secretary of state pursuant to section	68217
5726.40 the Revised Code shall be reinstated and again entitled to	68218
exercise its rights, privileges, and franchises in this state upon	68219
compliance with all of the following:	68220

(a) Filing with the secretary of state a certificate from the	68221
tax commissioner that the person has complied with all the	68222
requirements of law as to tax reports and paid all taxes, fees, or	68223
penalties due thereon for every year of delinquency;	68224

(b) Payment to the secretary of state of any additional fees	68225
and penalties required to be paid to the secretary of state;	68226

(c) Payment to the secretary of state of an additional fee of	68227
ten dollars.	68228

Upon the person's compliance with this division, the	68229
secretary of state shall cancel the entry of cancellation filed	68230
under section 5726.40 of the Revised Code.	68231

(2) If a reinstatement is not made within one year from the	68232
date of cancellation of the document of creation, and if it	68233
appears that a document of creation has been issued to a person of	68234
the same or similar name as the applicant for reinstatement, the	68235
secretary of state shall require, as a condition prerequisite to	68236
such reinstatement, that the applicant amend its document of	68237
creation by changing the applicant's name.	68238

(B) Any officer, shareholder, creditor, or receiver of a	68239
person may at any time take all steps required by this section to	68240
effect a reinstatement.	68241

(C) The rights, privileges, and franchises of a person whose	68242
document of creation has been reinstated in accordance with this	68243
section are subject to section 1701.922 of the Revised Code.	68244

(D) Notwithstanding a violation of section 5726.41 of the	68245
Revised Code, upon reinstatement of a person's document of	68246
creation in accordance with this section, neither section 5726.40	68247
nor section 5726.41 of the Revised Code shall be applied to	68248
invalidate the exercise or attempt to exercise any right,	68249
privilege, or franchise on behalf of the person by an officer,	68250
agent, or employee of the person after cancellation and prior to	68251
the reinstatement of the document of creation, if the conditions	68252
set forth in divisions (B)(1)(a) and (b) of section 1701.922 of	68253
the Revised Code are met.	68254

Sec. 5726.43. If any financial institution fails to make and	68255
file any return or report required under this chapter, or to pay	68256
the penalties provided by law for failure to make and file such	68257
reports or returns, for a period of ninety days after the time	68258
prescribed by law, the attorney general, on the request of the tax	68259
commissioner, shall commence an action in quo warranto in the	68260
court of appeals of the county in which the reporting person for	68261
the financial institution has its principal place of business in	68262
this state to forfeit and annul the privileges and franchises of	68263
each person included in the annual report of the financial	68264
institution. If the court is satisfied that any such financial	68265
institution is in default, it shall render judgment ousting each	68266
person included in the annual report of the financial institution	68267
from the exercise of its privileges and franchises within this	68268
state, and shall otherwise proceed as provided in sections 2733.01	68269
to 2733.39 of the Revised Code.	68270

Sec. 5726.50. (A) A taxpayer may claim a refundable tax	68271
credit against the tax imposed under this chapter for each person	68272
included in the annual report of the taxpayer that is granted a	68273
credit by the tax credit authority under section 122.17 or	68274
division (B)(2) or (3) of section 122.171 of the Revised Code.	68275
Such a credit shall not be claimed for any tax year following the	68276
calendar year in which a relocation of employment positions occurs	68277
in violation of an agreement entered into under section 122.171 of	68278
the Revised Code. For the purpose of making tax payments under	68279
this chapter, taxes equal to the amount of the refundable credit	68280
shall be considered to be paid on the first day of the tax year.	68281

(B) A taxpayer may claim a nonrefundable tax credit against	68282
the tax imposed under this chapter for each person included in the	68283
annual report of the taxpayer that is granted a credit by the tax	68284
credit authority under division (B)(1) of section 122.171 of the	68285
Revised Code.	68286

(C) The credits authorized in divisions (A) and (B) of this	68287
section shall be claimed in the order required under section	68288
5726.98 of the Revised Code. If the amount of a credit authorized	68289
in division (A) of this section exceeds the tax otherwise due	68290
under section 5726.02 of the Revised Code after deducting all	68291
other credits preceding the credit in the order prescribed in	68292
section 5726.98 of the Revised Code, the excess shall be refunded	68293
to the taxpayer.	68294

Sec. 5726.51. A taxpayer may claim a nonrefundable credit	68295
against the tax imposed under this chapter for each bank	68296
organization that is organized under Title XI of the Revised Code	68297
and included in the annual report of the taxpayer. The credit	68298
shall equal the sum of the annual assessments such bank	68299
organizations paid during the taxable year to the division of	68300
financial institutions pursuant to Title XI of the Revised Code	68301
and the schedule of fees published by the division.	68302

The credit authorized by this section shall be claimed in the	68303
order required under section 5726.98 of the Revised Code. The	68304
credit shall not be allowed unless there is filed with the	68305
taxpayer's annual report a document certified by the division of	68306
financial institutions verifying the amount of state annual	68307
assessment fees and federal supervisory fees paid by the bank	68308
organizations during the taxable year.	68309

Sec. 5726.52. (A) As used in this section, "certificate	68310
owner" has the same meaning as in section 149.311 of the Revised	68311
Code.	68312

(B) A taxpayer may claim a refundable credit against the tax	68313
imposed by this chapter for each person included in the annual	68314
report of a taxpayer that is a certificate owner of a	68315
rehabilitation tax credit certificate issued under section 149.311	68316
of the Revised Code. The credit shall equal twenty-five per cent	68317
of the dollar amount indicated on each certificate, but shall not	68318
exceed five million dollars for each certificate.	68319

The credit shall be claimed for the calendar year specified	68320
in the certificate and in the order required under section 5726.98	68321
of the Revised Code. If the credit exceeds the amount of tax	68322
otherwise due in that year, the excess shall be refunded to the	68323
taxpayer, provided that, if any amount of the credit is refunded,	68324
the sum of the amount refunded and the amount applied to reduce	68325
the tax otherwise due in that year shall not exceed three million	68326
dollars. The taxpayer may carry forward any balance of the credit	68327
in excess of the amount claimed in that year for not more than	68328
five ensuing years, and shall deduct any amount claimed in any	68329
such year from the amount claimed in an ensuing year.	68330

(C) A taxpayer claiming a credit under this section shall	68331
retain the rehabilitation tax credit certificate for four years	68332
following the end of the year to which the credit was applied, and	68333
shall make the certificate available for inspection by the tax	68334
commissioner upon the request of the commissioner during that	68335
period.	68336

Sec. 5726.53. A taxpayer may claim a refundable credit	68337
against the tax imposed by this chapter for each person included	68338
in the annual report of the taxpayer that was issued a tax credit	68339
certificate by the Ohio venture capital authority under section	68340
150.07 of the Revised Code. The amount of the credit shall equal	68341
the amount specified in the tax credit certificate. The credit	68342
shall be claimed for the tax year specified in the tax credit	68343
certificate. The taxpayer shall claim the credit in the order	68344
required under section 5726.98 of the Revised Code. If the credit	68345
amount exceeds the tax otherwise due under section 5726.02 of the	68346
Revised Code after deducting all other credits preceding the	68347
credit in the order prescribed in section 5726.98 of the Revised	68348
Code, the excess shall be refunded to the taxpayer.	68349

Sec. 5726.54. (A) Any term used in this section has the same	68350
meaning as in section 5725.33 of the Revised Code.	68351

(B) A taxpayer may claim a nonrefundable credit against the	68352
tax imposed by this chapter for each person included in the annual	68353
report of the taxpayer that holds a qualified equity investment on	68354
a credit allowance date occurring in the calendar year immediately	68355
preceding the tax year for which the tax is due. The credit shall	68356
be computed in the same manner prescribed for the computation of	68357
credits allowed under section 5725.33 of the Revised Code.	68358

By claiming a tax credit under this section, a taxpayer	68359
waives its rights under section 5726.20 of the Revised Code with	68360
respect to the time limitation for the assessment of taxes as it	68361
relates to credits claimed under this section that later become	68362
subject to recapture under division (D) of this section.	68363

The credit shall be claimed in the order prescribed by	68364
section 5726.98 of the Revised Code. If the amount of the credit	68365
exceeds the amount of tax otherwise due after deducting all other	68366
credits preceding the credit in the order prescribed in section	68367
5726.98 of the Revised Code, the excess may be carried forward for	68368
not more than four ensuing tax years.	68369

(C) The total amount of qualified equity investments on the	68370
basis of which credits may be claimed under this section and	68371
sections 5725.33, 5729.16, and 5733.58 of the Revised Code is	68372
subject to the limitation of division (C) of section 5725.33 of	68373
the Revised Code.	68374

(D) If any amount of the federal tax credit allowed for a	68375
qualified equity investment for which a credit was received under	68376
this section is recaptured under section 45D of the Internal	68377
Revenue Code, or if the director of development services	68378
determines that an investment for which a tax credit is claimed	68379
under this section is not a qualified equity investment or that	68380
the proceeds of an investment for which a tax credit is claimed	68381
under this section are used to make qualified low-income community	68382
investments other than in a qualified active low-income community	68383
business, all or a portion of the credit received on account of	68384
that investment shall be paid by the taxpayer that received the	68385
credit to the tax commissioner. The amount to be recovered shall	68386
be determined by the director pursuant to rules adopted under	68387
section 5725.33 of the Revised Code. The director shall certify	68388
any amount due under this division to the tax commissioner, and	68389
the commissioner shall notify the taxpayer of the amount due. The	68390
amount due is payable not later than thirty days after the day the	68391
commissioner issues the notice. The amount due shall be considered	68392
to be tax due under section 5726.02 of the Revised Code, and may	68393
be collected by assessment without regard to the limitations	68394
imposed under section 5726.20 of the Revised Code for the	68395
assessment of taxes by the commissioner. All amounts collected	68396
under this division shall be credited as revenue from the tax	68397
levied under section 5726.02 of the Revised Code.	68398

Sec. 5726.55. (A) Any term used in this section has the same	68399
meaning as in section 122.85 of the Revised Code.	68400

(B) A taxpayer may claim a refundable credit against the tax	68401
imposed under this chapter for each person included in the annual	68402
report of the taxpayer that is a certificate owner of a tax credit	68403
certificate issued under section 122.85 of the Revised Code. The	68404
credit shall be claimed for the taxable year in which the	68405
certificate is issued by the director of development services. The	68406
credit amount equals the amount stated in the certificate. The	68407
credit shall be claimed in the order required under section	68408
5726.98 of the Revised Code. If the credit amount exceeds the tax	68409
otherwise due under section 5726.02 of the Revised Code after	68410
deducting all other credits preceding the credit in the order	68411
prescribed in section 5726.98 of the Revised Code, the excess	68412
shall be refunded to the taxpayer.	68413

(C) Nothing in this section shall allow a taxpayer to claim	68414
more than one credit per tax credit-eligible production.	68415

Sec. 5726.98. (A) To provide a uniform procedure for	68416
calculating the amount of tax due under section 5726.02 of the	68417
Revised Code, a taxpayer shall claim any credits to which the	68418
taxpayer is entitled under this chapter in the following order:	68419

(1) The bank organization assessment credit under section	68420
5726.51 of the Revised Code;	68421

(2) The nonrefundable job retention credit under division (B)	68422
of section 5726.50 of the Revised Code;	68423

(3) The nonrefundable credit for purchases of qualified	68424
low-income community investments under section 5726.54 of the	68425
Revised Code;	68426

(4) The refundable credit for rehabilitating an historic	68427
building under section 5726.52 of the Revised Code;	68428

(5) The refundable job retention or job creation credit under	68429
division (A) of section 5726.50 of the Revised Code;	68430

(6) The refundable credit under section 5726.53 of the	68431
Revised Code for losses on loans made under the Ohio venture	68432
capital program under sections 150.01 to 150.10 of the Revised	68433
Code;	68434

(7) The refundable motion picture production credit under	68435
section 5726.55 of the Revised Code.	68436

(B) For any credit except the refundable credits enumerated	68437
in this section, the amount of the credit for a taxable year shall	68438
not exceed the tax due after allowing for any other credit that	68439
precedes it in the order required under this section. Any excess	68440
amount of a particular credit may be carried forward if authorized	68441
under the section creating that credit. Nothing in this chapter	68442
shall be construed to allow a taxpayer to claim, directly or	68443
indirectly, a credit more than once for a taxable year.	68444

Sec. 5726.99. Whoever violates section 5726.41 of the Revised	68445
Code shall be fined not less than one hundred dollars or more than	68446
one thousand dollars.	68447

Sec. 5727.84. (A) As used in this section and sections	68448
5727.85, 5727.86, and 5727.87 of the Revised Code:	68449

(1) "School district" means a city, local, or exempted	68450
village school district.	68451

(2) "Joint vocational school district" means a joint	68452
vocational school district created under section 3311.16 of the	68453
Revised Code, and includes a cooperative education school district	68454
created under section 3311.52 or 3311.521 of the Revised Code and	68455
a county school financing district created under section 3311.50	68456
of the Revised Code.	68457

(3) "Local taxing unit" means a subdivision or taxing unit,	68458
as defined in section 5705.01 of the Revised Code, a park district	68459
created under Chapter 1545. of the Revised Code, or a township	68460
park district established under section 511.23 of the Revised	68461
Code, but excludes school districts and joint vocational school	68462
districts.	68463

(4) "State education aid," for a school district, means the	68464
following:	68465

(a) For fiscal years prior to fiscal year 2010, the sum of	68466
state aid amounts computed for the district under the following	68467
provisions, as they existed for the applicable fiscal year:	68468
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	68469
3317.022; divisions (B), (C), and (D) of section 3317.023;	68470
divisions (G), (L), and (N) of section 3317.024; and sections	68471
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	68472
3317.053 of the Revised Code; and the adjustments required by:	68473
division (C) of section 3310.08; division (C)(2) of section	68474
3310.41; division (C) of section 3314.08; division (D)(2) of	68475
section 3314.091; division (D) of section 3314.13; divisions (E),	68476
(K), (L), (M), and (N) of section 3317.023; division (C) of	68477
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	68478
Code. However, when calculating state education aid for a school	68479
district for fiscal years 2008 and 2009, include the amount	68480
computed for the district under Section 269.20.80 of H.B. 119 of	68481
the 127th general assembly, as subsequently amended, instead of	68482
division (D) of section 3317.022 of the Revised Code; and include	68483
amounts calculated under Section 269.30.80 of H.B. 119 of the	68484
127th general assembly, as subsequently amended.	68485

(b) For fiscal years 2010 and 2011, the sum of the amounts	68486
computed for the district under former sections 3306.052, 3306.12,	68487
3306.13, 3306.19, 3306.191, and 3306.192 of the Revised Code and	68488
the following provisions, as they existed for the applicable	68489
fiscal year: division (G) of section 3317.024; sections 3317.05,	68490
3317.052, and 3317.053 of the Revised Code; and the adjustments	68491
required by division (C) of section 3310.08; division (C)(2) of	68492
section 3310.41; division (C) of section 3314.08; division (D)(2)	68493
of section 3314.091; division (D) of section 3314.13; divisions	68494
(E), (K), (L), (M), and (N) of section 3317.023; division (C) of	68495
section 3317.20; and sections 3313.979, 3313.981, and 3326.33 of	68496
the Revised Code.	68497

(c) For fiscal years 2012 and 2013, the amount paid in	68498
accordance with the section of H.B. 153 of the 129th general	68499
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	68500
SCHOOL DISTRICTS" and the adjustments required by division (C) of	68501
section 3310.08; division (C)(2) of section 3310.41; section	68502
3310.55; division (C) of section 3314.08; division (D)(2) of	68503
section 3314.091; division (D) of section 3314.13; divisions (B),	68504
(H), (I), (J), and (K) of section 3317.023; division (C) of	68505
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	68506
Code.	68507

(5) "State education aid," for a joint vocational school	68508
district, means the following:	68509

(a) For fiscal years prior to fiscal year 2010, the sum of	68510
the state aid amounts computed for the district under division (N)	68511
of section 3317.024 and section 3317.16 of the Revised Code.	68512
However, when calculating state education aid for a joint	68513
vocational school district for fiscal years 2008 and 2009, include	68514
the amount computed for the district under Section 269.30.90 of	68515
H.B. 119 of the 127th general assembly, as subsequently amended.	68516

(b) For fiscal years 2010 and 2011, the amount computed for	68517
the district in accordance with the section of H.B. 1 of the 128th	68518
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	68519
DISTRICTS".	68520

(c) For fiscal years 2012 and 2013, the amount paid in	68521
accordance with the section of H.B. 153 of the 129th general	68522
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	68523

(6) "State education aid offset" means the amount determined	68524
for each school district or joint vocational school district under	68525
division (A)(1) of section 5727.85 of the Revised Code.	68526

(7) "Recognized valuation" has the same meaning as in section	68527
3317.02 of the Revised Code.	68528

(8) "Electric company tax value loss" means the amount	68529
determined under division (D) of this section.	68530

(9) "Natural gas company tax value loss" means the amount	68531
determined under division (E) of this section.	68532

(10) "Tax value loss" means the sum of the electric company	68533
tax value loss and the natural gas company tax value loss.	68534

(11) "Fixed-rate levy" means any tax levied on property other	68535
than a fixed-sum levy.	68536

(12) "Fixed-rate levy loss" means the amount determined under	68537
division (G) of this section.	68538

(13) "Fixed-sum levy" means a tax levied on property at	68539
whatever rate is required to produce a specified amount of tax	68540
money or levied in excess of the ten-mill limitation to pay debt	68541
charges, and includes school district emergency levies ~~imposed~~	68542
charged and payable pursuant to section 5705.194 of the Revised	68543
Code.	68544

(14) "Fixed-sum levy loss" means the amount determined under	68545
division (H) of this section.	68546

(15) "Consumer price index" means the consumer price index	68547
(all items, all urban consumers) prepared by the bureau of labor	68548
statistics of the United States department of labor.	68549

(16) "Total resources" ~~has~~and "total library resources" have	68550
the same ~~meaning~~meanings as in section 5751.20 of the Revised	68551
Code.	68552

(17) "2011 current expense S.B. 3 allocation" means the sum	68553
of payments received by a school district or joint vocational	68554
school district in fiscal year 2011 for current expense levy	68555
losses pursuant to division (C)(2) of section 5727.85 of the	68556
Revised Code. If a fixed-rate levy eligible for reimbursement is	68557
not ~~imposed~~charged and payable in any year after tax year 2010,	68558
"2011 current expense S.B. 3 allocation" used to compute payments	68559
to be made under division (C)(3) of section 5727.85 of the Revised	68560
Code in the tax years following the last year the levy is ~~imposed~~	68561
charged and payable shall be reduced ~~by the amount of~~to the	68562
extent that those payments are attributable to the fixed-rate levy	68563
loss of that levy.	68564

(18) "2010 current expense S.B. 3 allocation" means the sum	68565
of payments received by a municipal corporation in calendar year	68566
2010 for current expense levy losses pursuant to division (A)(1)	68567
of section 5727.86 of the Revised Code, excluding any such	68568
payments received for current expense levy losses attributable to	68569
a tax levied under section 5705.23 of the Revised Code. If a	68570
fixed-rate levy eligible for reimbursement is not ~~imposed~~charged	68571
and payable in any year after tax year 2010, "2010 current expense	68572
S.B. 3 allocation" used to compute payments to be made under	68573
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	68574
in the tax years following the last year the levy is ~~imposed~~	68575
charged and payable shall be reduced ~~by the amount of~~to the	68576
extent that those payments are attributable to the fixed-rate levy	68577
loss of that levy.	68578

(19) "2010 S.B. 3 allocation" means the sum of payments	68579
received by a local taxing unit during calendar year 2010 pursuant	68580
to division (A)(1) of section 5727.86 of the Revised Code,	68581
excluding any such payments received for fixed-rate levy losses	68582
attributable to a tax levied under section 5705.23 of the Revised	68583
Code. If a fixed-rate levy eligible for reimbursement is not	68584
~~imposed~~charged and payable in any year after tax year 2010, "2010	68585
S.B. 3 allocation" used to compute payments to be made under	68586
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	68587
in the tax years following the last year the levy is ~~imposed~~	68588
charged and payable shall be reduced ~~by the amount of~~to the	68589
extent that those payments are attributable to the fixed-rate levy	68590
loss of that levy.	68591

(20) "Total S.B. 3 allocation" means, in the case of a school	68592
district or joint vocational school district, the sum of the	68593
~~amounts~~payments received in fiscal year 2011 pursuant to	68594
divisions (C)(2) and (D) of section 5727.85 of the Revised Code.	68595
In the case of a local taxing unit, "total S.B. 3 allocation"	68596
means the sum of payments received by the unit in calendar year	68597
2010 pursuant to divisions (A)(1) and (4) of section 5727.86 of	68598
the Revised Code, excluding any such payments received for	68599
fixed-rate levy losses attributable to a tax levied under section	68600
5705.23 of the Revised Code. If a fixed-rate levy eligible for	68601
reimbursement is not ~~imposed~~charged and payable in any year after	68602
tax year 2010, "total S.B. 3 allocation" used to compute payments	68603
to be made under division (C)(3) of section 5727.85 or division	68604
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	68605
years following the last year the levy is ~~imposed~~charged and	68606
payable shall be reduced ~~by the amount of~~to the extent that those	68607
payments are attributable to the fixed-rate levy loss of that levy	68608
as would be computed under division (C)(2) of section 5727.85 or	68609
division (A)(1)(b) of section 5727.86 of the Revised Code.	68610

(21) "2011 non-current expense S.B. 3 allocation" means the	68611
difference of a school district's or joint vocational school	68612
district's total S.B. 3 allocation minus the sum of the school	68613
district's 2011 current expense S.B. 3 allocation and the portion	68614
of the school district's total S.B. 3 allocation constituting	68615
reimbursement for debt levies pursuant to division (D) of section	68616
5727.85 of the Revised Code.	68617

(22) "2010 non-current expense S.B. 3 allocation" means the	68618
difference of a municipal corporation's total S.B. 3 allocation	68619
minus the sum of its 2010 current expense S.B. 3 allocation and	68620
the portion of its total S.B. 3 allocation constituting	68621
reimbursement for debt levies pursuant to division (A)(4) of	68622
section 5727.86 of the Revised Code.	68623

(23) "S.B. 3 allocation for library purposes" means, in the	68624
case of a county, municipal corporation, school district, or	68625
township public library that receives the proceeds of a tax levied	68626
under section 5705.23 of the Revised Code, the sum of the payments	68627
received by the public library in calendar year 2010 pursuant to	68628
section 5727.86 of the Revised Code for fixed-rate levy losses	68629
attributable to a tax levied under section 5705.23 of the Revised	68630
Code. If a fixed-rate levy authorized under section 5705.23 of the	68631
Revised Code that is eligible for reimbursement is not charged and	68632
payable in any year after tax year 2010, "S.B. 3 allocation for	68633
library purposes" used to compute payments to be made under	68634
division (A)(1)(f) of section 5727.86 of the Revised Code in the	68635
tax years following the last year the levy is charged and payable	68636
shall be reduced to the extent that those payments are	68637
attributable to the fixed-rate levy loss of that levy as would be	68638
computed under division (A)(1)(b) of section 5727.86 of the	68639
Revised Code.	68640

(24) "Threshold per cent" means, in the case of a school	68641
district or joint vocational school district, two per cent for	68642
fiscal year 2012 and four per cent for fiscal years 2013 and	68643
thereafter. In the case of a local taxing unit or public library	68644
that receives the proceeds of a tax levied under section 5705.23	68645
of the Revised Code, "threshold per cent" means two per cent for	68646
calendar year 2011, four per cent for calendar year 2012, and six	68647
per cent for calendar years 2013 and thereafter.	68648

(B) The kilowatt-hour tax receipts fund is hereby created in	68649
the state treasury and shall consist of money arising from the tax	68650
imposed by section 5727.81 of the Revised Code. All money in the	68651
kilowatt-hour tax receipts fund shall be credited as follows:	68652

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	68653
2001-2011	63.0%	25.4%	11.6%	68654
2012 and thereafter	88.0%	9.0%	3.0%	68655

(C) The natural gas tax receipts fund is hereby created in	68656
the state treasury and shall consist of money arising from the tax	68657
imposed by section 5727.811 of the Revised Code. All money in the	68658
fund shall be credited as follows:	68659

(1) For fiscal years before fiscal year 2012:

68660

(a) Sixty-eight and seven-tenths per cent shall be credited	68661
to the school district property tax replacement fund for the	68662
purpose of making the payments described in section 5727.85 of the	68663
Revised Code.	68664

(b) Thirty-one and three-tenths per cent shall be credited to	68665
the local government property tax replacement fund for the purpose	68666
of making the payments described in section 5727.86 of the Revised	68667
Code.	68668

(2) For fiscal years 2012 and thereafter, one hundred per	68669
cent to the general revenue fund.	68670

(D) Not later than January 1, 2002, the tax commissioner	68671
shall determine for each taxing district its electric company tax	68672
value loss, which is the sum of the applicable amounts described	68673
in divisions (D)(1) to (4) of this section:	68674

(1) The difference obtained by subtracting the amount	68675
described in division (D)(1)(b) from the amount described in	68676
division (D)(1)(a) of this section.	68677

(a) The value of electric company and rural electric company	68678
tangible personal property as assessed by the tax commissioner for	68679
tax year 1998 on a preliminary assessment, or an amended	68680
preliminary assessment if issued prior to March 1, 1999, and as	68681
apportioned to the taxing district for tax year 1998;	68682

(b) The value of electric company and rural electric company	68683
tangible personal property as assessed by the tax commissioner for	68684
tax year 1998 had the property been apportioned to the taxing	68685
district for tax year 2001, and assessed at the rates in effect	68686
for tax year 2001.	68687

(2) The difference obtained by subtracting the amount	68688
described in division (D)(2)(b) from the amount described in	68689
division (D)(2)(a) of this section.	68690

(a) The three-year average for tax years 1996, 1997, and 1998	68691
of the assessed value from nuclear fuel materials and assemblies	68692
assessed against a person under Chapter 5711. of the Revised Code	68693
from the leasing of them to an electric company for those	68694
respective tax years, as reflected in the preliminary assessments;	68695

(b) The three-year average assessed value from nuclear fuel	68696
materials and assemblies assessed under division (D)(2)(a) of this	68697
section for tax years 1996, 1997, and 1998, as reflected in the	68698
preliminary assessments, using an assessment rate of twenty-five	68699
per cent.	68700

(3) In the case of a taxing district having a nuclear power	68701
plant within its territory, any amount, resulting in an electric	68702
company tax value loss, obtained by subtracting the amount	68703
described in division (D)(1) of this section from the difference	68704
obtained by subtracting the amount described in division (D)(3)(b)	68705
of this section from the amount described in division (D)(3)(a) of	68706
this section.	68707

(a) The value of electric company tangible personal property	68708
as assessed by the tax commissioner for tax year 2000 on a	68709
preliminary assessment, or an amended preliminary assessment if	68710
issued prior to March 1, 2001, and as apportioned to the taxing	68711
district for tax year 2000;	68712

(b) The value of electric company tangible personal property	68713
as assessed by the tax commissioner for tax year 2001 on a	68714
preliminary assessment, or an amended preliminary assessment if	68715
issued prior to March 1, 2002, and as apportioned to the taxing	68716
district for tax year 2001.	68717

(4) In the case of a taxing district having a nuclear power	68718
plant within its territory, the difference obtained by subtracting	68719
the amount described in division (D)(4)(b) of this section from	68720
the amount described in division (D)(4)(a) of this section,	68721
provided that such difference is greater than ten per cent of the	68722
amount described in division (D)(4)(a) of this section.	68723

(a) The value of electric company tangible personal property	68724
as assessed by the tax commissioner for tax year 2005 on a	68725
preliminary assessment, or an amended preliminary assessment if	68726
issued prior to March 1, 2006, and as apportioned to the taxing	68727
district for tax year 2005;	68728

(b) The value of electric company tangible personal property	68729
as assessed by the tax commissioner for tax year 2006 on a	68730
preliminary assessment, or an amended preliminary assessment if	68731
issued prior to March 1, 2007, and as apportioned to the taxing	68732
district for tax year 2006.	68733

(E) Not later than January 1, 2002, the tax commissioner	68734
shall determine for each taxing district its natural gas company	68735
tax value loss, which is the sum of the amounts described in	68736
divisions (E)(1) and (2) of this section:	68737

(1) The difference obtained by subtracting the amount	68738
described in division (E)(1)(b) from the amount described in	68739
division (E)(1)(a) of this section.	68740

(a) The value of all natural gas company tangible personal	68741
property, other than property described in division (E)(2) of this	68742
section, as assessed by the tax commissioner for tax year 1999 on	68743
a preliminary assessment, or an amended preliminary assessment if	68744
issued prior to March 1, 2000, and apportioned to the taxing	68745
district for tax year 1999;	68746

(b) The value of all natural gas company tangible personal	68747
property, other than property described in division (E)(2) of this	68748
section, as assessed by the tax commissioner for tax year 1999 had	68749
the property been apportioned to the taxing district for tax year	68750
2001, and assessed at the rates in effect for tax year 2001.	68751

(2) The difference in the value of current gas obtained by	68752
subtracting the amount described in division (E)(2)(b) from the	68753
amount described in division (E)(2)(a) of this section.	68754

(a) The three-year average assessed value of current gas as	68755
assessed by the tax commissioner for tax years 1997, 1998, and	68756
1999 on a preliminary assessment, or an amended preliminary	68757
assessment if issued prior to March 1, 2001, and as apportioned in	68758
the taxing district for those respective years;	68759

(b) The three-year average assessed value from current gas	68760
under division (E)(2)(a) of this section for tax years 1997, 1998,	68761
and 1999, as reflected in the preliminary assessment, using an	68762
assessment rate of twenty-five per cent.	68763

(F) The tax commissioner may request that natural gas	68764
companies, electric companies, and rural electric companies file a	68765
report to help determine the tax value loss under divisions (D)	68766
and (E) of this section. The report shall be filed within thirty	68767
days of the commissioner's request. A company that fails to file	68768
the report or does not timely file the report is subject to the	68769
penalty in section 5727.60 of the Revised Code.	68770

(G) Not later than January 1, 2002, the tax commissioner	68771
shall determine for each school district, joint vocational school	68772
district, and local taxing unit its fixed-rate levy loss, which is	68773
the sum of its electric company tax value loss multiplied by the	68774
tax rate in effect in tax year 1998 for fixed-rate levies and its	68775
natural gas company tax value loss multiplied by the tax rate in	68776
effect in tax year 1999 for fixed-rate levies.	68777

(H) Not later than January 1, 2002, the tax commissioner	68778
shall determine for each school district, joint vocational school	68779
district, and local taxing unit its fixed-sum levy loss, which is	68780
the amount obtained by subtracting the amount described in	68781
division (H)(2) of this section from the amount described in	68782
division (H)(1) of this section:	68783

(1) The sum of the electric company tax value loss multiplied	68784
by the tax rate in effect in tax year 1998, and the natural gas	68785
company tax value loss multiplied by the tax rate in effect in tax	68786
year 1999, for fixed-sum levies for all taxing districts within	68787
each school district, joint vocational school district, and local	68788
taxing unit. For the years 2002 through 2006, this computation	68789
shall include school district emergency levies that existed in	68790
1998 in the case of the electric company tax value loss, and 1999	68791
in the case of the natural gas company tax value loss, and all	68792
other fixed-sum levies that existed in 1998 in the case of the	68793
electric company tax value loss and 1999 in the case of the	68794
natural gas company tax value loss and continue to be charged in	68795
the tax year preceding the distribution year. For the years 2007	68796
through 2016 in the case of school district emergency levies, and	68797
for all years after 2006 in the case of all other fixed-sum	68798
levies, this computation shall exclude all fixed-sum levies that	68799
existed in 1998 in the case of the electric company tax value loss	68800
and 1999 in the case of the natural gas company tax value loss,	68801
but are no longer in effect in the tax year preceding the	68802
distribution year. For the purposes of this section, an emergency	68803
levy that existed in 1998 in the case of the electric company tax	68804
value loss, and 1999 in the case of the natural gas company tax	68805
value loss, continues to exist in a year beginning on or after	68806
January 1, 2007, but before January 1, 2017, if, in that year, the	68807
board of education levies a school district emergency levy for an	68808
annual sum at least equal to the annual sum levied by the board in	68809
tax year 1998 or 1999, respectively, less the amount of the	68810
payment certified under this division for 2002.	68811

(2) The total taxable value in tax year 1999 less the tax	68812
value loss in each school district, joint vocational school	68813
district, and local taxing unit multiplied by one-fourth of one	68814
mill.	68815

If the amount computed under division (H) of this section for	68816
any school district, joint vocational school district, or local	68817
taxing unit is greater than zero, that amount shall equal the	68818
fixed-sum levy loss reimbursed pursuant to division (F) of section	68819
5727.85 of the Revised Code or division (A)(2) of section 5727.86	68820
of the Revised Code, and the one-fourth of one mill that is	68821
subtracted under division (H)(2) of this section shall be	68822
apportioned among all contributing fixed-sum levies in the	68823
proportion of each levy to the sum of all fixed-sum levies within	68824
each school district, joint vocational school district, or local	68825
taxing unit.	68826

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	68827
section, in computing the tax value loss, fixed-rate levy loss,	68828
and fixed-sum levy loss, the tax commissioner shall use the	68829
greater of the 1998 tax rate or the 1999 tax rate in the case of	68830
levy losses associated with the electric company tax value loss,	68831
but the 1999 tax rate shall not include for this purpose any tax	68832
levy approved by the voters after June 30, 1999, and the tax	68833
commissioner shall use the greater of the 1999 or the 2000 tax	68834
rate in the case of levy losses associated with the natural gas	68835
company tax value loss.	68836

(J) Not later than January 1, 2002, the tax commissioner	68837
shall certify to the department of education the tax value loss	68838
determined under divisions (D) and (E) of this section for each	68839
taxing district, the fixed-rate levy loss calculated under	68840
division (G) of this section, and the fixed-sum levy loss	68841
calculated under division (H) of this section. The calculations	68842
under divisions (G) and (H) of this section shall separately	68843
display the levy loss for each levy eligible for reimbursement.	68844

(K) Not later than September 1, 2001, the tax commissioner	68845
shall certify the amount of the fixed-sum levy loss to the county	68846
auditor of each county in which a school district with a fixed-sum	68847
levy loss has territory.	68848

Sec. 5727.86. (A) ~~Not later than January 1, 2002, the~~The	68849
tax commissioner shall compute the payments to be made to each	68850
local taxing unit, and to each public library that receives the	68851
proceeds of a tax levied under section 5705.23 of the Revised	68852
Code, for each year according to divisions (A)(1), (2), (3), and	68853
(4) and division (E) of this section, and shall distribute the	68854
payments in the manner prescribed by division (C) of this section.	68855
The calculation of the fixed-sum levy loss shall cover a time	68856
period sufficient to include all fixed-sum levies for which the	68857
tax commissioner determined, pursuant to division (H) of section	68858
5727.84 of the Revised Code, that a fixed-sum levy loss is to be	68859
reimbursed.	68860

(1) Except as provided in divisions (A)(3) and (4) of this	68861
section, the following amounts shall be paid on or before the	68862
thirty-first day of August and the twenty-eighth day of February:	68863

(a) For years 2002 through 2006, fifty per cent of the	68864
fixed-rate levy loss computed under division (G) of section	68865
5727.84 of the Revised Code;	68866

(b) For years 2007 through 2010, forty per cent of the	68867
fixed-rate levy loss computed under division (G) of section	68868
5727.84 of the Revised Code;	68869

(c) For the payment in 2011 to be made on or before the	68870
twentieth day of February, the amount required to be paid in 2010	68871
on or before the twentieth day of February;	68872

(d) For the payment in 2011 to be made on or before the	68873
thirty-first day of August ~~and for all payments to be made in~~	68874
~~years 2012 and thereafter~~, the sum of the amounts in divisions	68875
(A)(1)(d)(i) or (ii) and (iii) of this section:	68876

(i) If the ratio of fifty per cent of the taxing unit's 2010	68877
S.B. 3 allocation to its total resources is equal to or less than	68878
the threshold per cent, zero;	68879

(ii) If the ratio of fifty per cent of the taxing unit's 2010	68880
S.B. 3 allocation to its total resources is greater than the	68881
threshold per cent, the difference of fifty per cent of the 2010	68882
S.B. 3 allocation minus the product of total resources multiplied	68883
by the threshold per cent;	68884

(iii) In the case of a municipal corporation, fifty per cent	68885
of the product of its 2010 non-current expense S.B. 3 allocation	68886
multiplied by seventy-five per cent ~~for year 2011, fifty per cent~~	68887
~~for year 2012, and twenty-five percent for years 2013 and~~	68888
~~thereafter~~.	68889

(e) For 2012 and each year thereafter, the sum of the amounts	68890
in divisions (A)(1)(e)(i) or (ii) and (iii) of this section:	68891

(i) If the ratio of the taxing unit's 2010 S.B. 3 allocation	68892
to its total resources is equal to or less than the threshold per	68893
cent, zero;	68894

(ii) If the ratio of the taxing unit's 2010 S.B. 3 allocation	68895
to its total resources is greater than the threshold per cent,	68896
fifty per cent of the difference of the 2010 S.B. 3 allocation	68897
minus the product of total resources multiplied by the threshold	68898
per cent;	68899

(iii) In the case of a municipal corporation, fifty per cent	68900
of the product of its 2010 non-current expense S.B. 3 allocation	68901
multiplied by fifty per cent for year 2012 and by twenty-five per	68902
cent for years 2013 and thereafter.	68903

(f) For the payment in 2012 to be made to a public library on	68904
or before the thirty-first day of August and for all such payments	68905
to be made in 2013 and thereafter, the amount in division	68906
(A)(1)(f)(i) or (ii) of this section:	68907

(i) If the ratio of S.B. 3 allocation for library purposes to	68908
total library resources is equal to or less than the threshold per	68909
cent, zero;	68910

(ii) If the ratio of S.B. 3 allocation for library purposes	68911
to total library resources is greater than the threshold per cent,	68912
fifty per cent of the difference of the S.B. 3 allocation for	68913
library purposes minus the product of total library resources	68914
multiplied by the threshold per cent.	68915

(2) For fixed-sum levy losses determined under division (H)	68916
of section 5727.84 of the Revised Code, payments shall be made in	68917
the amount of one hundred per cent of the fixed-sum levy loss for	68918
payments required to be made in 2002 and thereafter.	68919

(3) A local taxing unit in a county of less than two hundred	68920
fifty square miles that receives eighty per cent or more of its	68921
combined general fund and bond retirement fund revenues from	68922
property taxes and rollbacks based on 1997 actual revenues as	68923
presented in its 1999 tax budget, and in which electric companies	68924
and rural electric companies comprise over twenty per cent of its	68925
property valuation, shall receive one hundred per cent of its	68926
fixed-rate levy losses from electric company tax value losses	68927
certified under division (A) of this section in years 2002 to	68928
2010. Beginning in 2011, payments for such local taxing units	68929
shall be determined under division (A)(1) of this section.	68930

(4) For taxes levied within the ten-mill limitation or	68931
pursuant to a municipal charter for debt purposes in tax year 1998	68932
in the case of electric company tax value losses, and in tax year	68933
1999 in the case of natural gas company tax value losses, payments	68934
shall be made equal to one hundred per cent of the loss computed	68935
as if the tax were a fixed-rate levy, but those payments shall	68936
extend from 2011 through 2016 if the levy was ~~imposed~~charged and	68937
payable for debt purposes in tax year 2010. If the levy is not	68938
~~imposed~~charged and payable for debt purposes in tax year 2010 or	68939
any following tax year before tax year 2016, payments for that	68940
levy shall be made under division (A)(1) of this section beginning	68941
with the first year after the year the levy is ~~imposed~~charged and	68942
payable for a purpose other than debt. For the purposes of this	68943
division, taxes levied pursuant to a municipal charter refer to	68944
taxes levied pursuant to a provision of a municipal charter that	68945
permits the tax to be levied without prior voter approval.	68946

(B) Beginning in 2003, by the thirty-first day of January of	68947
each year, the tax commissioner shall review the calculation	68948
originally made under division (A) of this section of the	68949
fixed-sum levy loss determined under division (H) of section	68950
5727.84 of the Revised Code. If the commissioner determines that a	68951
fixed-sum levy that had been scheduled to be reimbursed in the	68952
current year has expired, a revised calculation for that and all	68953
subsequent years shall be made.	68954

(C) Payments to local taxing units and public libraries	68955
required to be made under divisions (A) and (E) of this section	68956
shall be paid from the local government property tax replacement	68957
fund to the county undivided income tax fund in the proper county	68958
treasury. The county treasurer shall distribute amounts paid under	68959
division (A) of this section to the proper local taxing unit or	68960
public library as if they had been levied and collected as taxes,	68961
and the local taxing unit or public library shall apportion the	68962
amounts so received among its funds in the same proportions as if	68963
those amounts had been levied and collected as taxes. Except in	68964
the case of amounts distributed to the county as a local taxing	68965
unit, amounts distributed under division (E)(2) of this section	68966
shall be credited to the general fund of the local taxing unit	68967
that receives them. Amounts distributed to each county as a local	68968
taxing unit under division (E)(2) of this section shall be	68969
credited in the proportion that the current taxes charged and	68970
payable from each levy of or by the county bears to the total	68971
current taxes charged and payable from all levies of or by the	68972
county.	68973

(D) By February 5, 2002, the tax commissioner shall estimate	68974
the amount of money in the local government property tax	68975
replacement fund in excess of the amount necessary to make	68976
payments in that month under division (C) of this section.	68977
Notwithstanding division (A) of this section, the tax commissioner	68978
may pay any local taxing unit, from those excess funds, nine and	68979
four-tenths times the amount computed for 2002 under division	68980
(A)(1) of this section. A payment made under this division shall	68981
be in lieu of the payment to be made in February 2002 under	68982
division (A)(1) of this section. A local taxing unit receiving a	68983
payment under this division will no longer be entitled to any	68984
further payments under division (A)(1) of this section. A payment	68985
made under this division shall be paid from the local government	68986
property tax replacement fund to the county undivided income tax	68987
fund in the proper county treasury. The county treasurer shall	68988
distribute the payment to the proper local taxing unit as if it	68989
had been levied and collected as taxes, and the local taxing unit	68990
shall apportion the amounts so received among its funds in the	68991
same proportions as if those amounts had been levied and collected	68992
as taxes.	68993

(E)(1) On the thirty-first day of July of 2002, 2003, 2004,	68994
2005, and 2006, and on the thirty-first day of January and July of	68995
2007 through January 2011, if the amount credited to the local	68996
government property tax replacement fund exceeds the amount needed	68997
to be distributed from the fund under division (A) of this section	68998
in the following month, the tax commissioner shall distribute the	68999
excess to each county as follows:	69000

(a) One-half shall be distributed to each county in	69001
proportion to each county's population.	69002

(b) One-half shall be distributed to each county in the	69003
proportion that the amounts determined under divisions (G) and (H)	69004
of section 5727.84 of the Revised Code for all local taxing units	69005
in the county is of the total amounts so determined for all local	69006
taxing units in the state.	69007

(2) The amounts distributed to each county under division (E)	69008
of this section shall be distributed by the county auditor to each	69009
local taxing unit in the county in the proportion that the unit's	69010
current taxes charged and payable are of the total current taxes	69011
charged and payable of all the local taxing units in the county.	69012
If the amount that the county auditor determines to be distributed	69013
to a local taxing unit is less than five dollars, that amount	69014
shall not be distributed, and the amount not distributed shall	69015
remain credited to the county undivided income tax fund. At the	69016
time of the next distribution under division (E)(2) of this	69017
section, any amount that had not been distributed in the prior	69018
distribution shall be added to the amount available for the next	69019
distribution prior to calculation of the amount to be distributed.	69020
As used in this division, "current taxes charged and payable"	69021
means the taxes charged and payable as most recently determined	69022
for local taxing units in the county.	69023

After January 2011, any amount that exceeds the amount needed	69024
to be distributed from the fund under division (A) of this section	69025
in the following month shall be transferred to the general revenue	69026
fund.	69027

(F) If the total amount in the local government property tax	69028
replacement fund is insufficient to make all payments under	69029
division (C) of this section at the times the payments are to be	69030
made, the director of budget and management shall transfer from	69031
the general revenue fund to the local government property tax	69032
replacement fund the difference between the total amount to be	69033
paid and the amount in the local government property tax	69034
replacement fund, except that no transfer shall be made by reason	69035
of a deficiency to the extent that it results from the amendment	69036
of section 5727.84 of the Revised Code by Amended Substitute House	69037
Bill 95 of the 125th general assembly.	69038

(G) If all or a part of the territories of two or more local	69039
taxing units are merged, or unincorporated territory of a township	69040
is annexed by a municipal corporation, the tax commissioner shall	69041
adjust the payments made under this section to each of the local	69042
taxing units in proportion to the square mileage apportioned to	69043
the merged or annexed territory, or as otherwise provided by a	69044
written agreement between the legislative authorities of the local	69045
taxing units certified to the tax commissioner not later than the	69046
first day of June of the calendar year in which the payment is to	69047
be made.	69048

Sec. 5731.39. ~~(A)~~This section does not apply to, and the	69049
written permission of the tax commissioner is not required for	69050
asset transfers with respect to, decedents dying on or after	69051
January 1, 2013.	69052

(A) No corporation organized or existing under the laws of	69053
this state shall transfer on its books or issue a new certificate	69054
for any share of its capital stock registered in the name of a	69055
decedent, or in trust for a decedent, or in the name of a decedent	69056
and another person or persons, without the written consent of the	69057
tax commissioner.	69058

(B) No safe deposit company, trust company, financial	69059
institution as defined in division (A) of section 5725.01 of the	69060
Revised Code or other corporation or person, having in possession,	69061
control, or custody a deposit standing in the name of a decedent,	69062
or in trust for a decedent, or in the name of a decedent and	69063
another person or persons, shall deliver or transfer an amount in	69064
excess of three-fourths of the total value of such deposit,	69065
including accrued interest and dividends, as of the date of	69066
decedent's death, without the written consent of the tax	69067
commissioner. The written consent of the tax commissioner need not	69068
be obtained prior to the delivery or transfer of amounts having a	69069
value of three-fourths or less of said total value.	69070

(C) No life insurance company shall pay the proceeds of an	69071
annuity or matured endowment contract, or of a life insurance	69072
contract payable to the estate of a decedent, or of any other	69073
insurance contract taxable under Chapter 5731. of the Revised	69074
Code, without the written consent of the tax commissioner. Any	69075
life insurance company may pay the proceeds of any insurance	69076
contract not specified in this division (C) without the written	69077
consent of the tax commissioner.	69078

(D) No trust company or other corporation or person shall pay	69079
the proceeds of any death benefit, retirement, pension or profit	69080
sharing plan in excess of two thousand dollars, without the	69081
written consent of the tax commissioner. Such trust company or	69082
other corporation or person, however, may pay the proceeds of any	69083
death benefit, retirement, pension, or profit-sharing plan which	69084
consists of insurance on the life of the decedent payable to a	69085
beneficiary other than the estate of the insured without the	69086
written consent of the tax commissioner.	69087

(E) No safe deposit company, trust company, financial	69088
institution as defined in division (A) of section 5725.01 of the	69089
Revised Code, or other corporation or person, having in	69090
possession, control, or custody securities, assets, or other	69091
property (including the shares of the capital stock of, or other	69092
interest in, such safe deposit company, trust company, financial	69093
institution as defined in division (A) of section 5725.01 of the	69094
Revised Code, or other corporation), standing in the name of a	69095
decedent, or in trust for a decedent, or in the name of a decedent	69096
and another person or persons, and the transfer of which is	69097
taxable under Chapter 5731. of the Revised Code, shall deliver or	69098
transfer any such securities, assets, or other property which have	69099
a value as of the date of decedent's death in excess of	69100
three-fourths of the total value thereof, without the written	69101
consent of the tax commissioner. The written consent of the tax	69102
commissioner need not be obtained prior to the delivery or	69103
transfer of any such securities, assets, or other property having	69104
a value of three-fourths or less of said total value.	69105

(F) No safe deposit company, financial institution as defined	69106
in division (A) of section 5725.01 of the Revised Code, or other	69107
corporation or person having possession or control of a safe	69108
deposit box or similar receptacle standing in the name of a	69109
decedent or in the name of the decedent and another person or	69110
persons, or to which the decedent had a right of access, except	69111
when such safe deposit box or other receptacle stands in the name	69112
of a corporation or partnership, or in the name of the decedent as	69113
guardian or executor, shall deliver any of the contents thereof	69114
unless the safe deposit box or similar receptacle has been opened	69115
and inventoried in the presence of the tax commissioner or the	69116
commissioner's agent, and a written consent to transfer issued;	69117
provided, however, that a safe deposit company, financial	69118
institution, or other corporation or person having possession or	69119
control of a safe deposit box may deliver wills, deeds to burial	69120
lots, and insurance policies to a representative of the decedent,	69121
but that a representative of the safe deposit company, financial	69122
institution, or other corporation or person must supervise the	69123
opening of the box and make a written record of the wills, deeds,	69124
and policies removed. Such written record shall be included in the	69125
tax commissioner's inventory records.	69126

(G) Notwithstanding any provision of this section:

69127

(1) The tax commissioner may authorize any delivery or	69128
transfer or waive any of the foregoing requirements under such	69129
terms and conditions as the commissioner may prescribe;	69130

(2) ~~An adult care facility, as defined in section 5119.70 of~~	69131
~~the Revised Code, or a~~A home, as defined in section 3721.10 of	69132
the Revised Code, or a residential facility licensed under section	69133
5119.22 of the Revised Code that provides accommodations,	69134
supervision, and personal care services for three to sixteen	69135
unrelated adults, may transfer or use the money in a personal	69136
needs allowance account in accordance with section 5111.113 of the	69137
Revised Code without the written consent of the tax commissioner,	69138
and without the account having been opened and inventoried in the	69139
presence of the commissioner or the commissioner's agent.	69140

Failure to comply with this section shall render such safe	69141
deposit company, trust company, life insurance company, financial	69142
institution as defined in division (A) of section 5725.01 of the	69143
Revised Code, or other corporation or person liable for the amount	69144
of the taxes and interest due under the provisions of Chapter	69145
5731. of the Revised Code on the transfer of such stock, deposit,	69146
proceeds of an annuity or matured endowment contract or of a life	69147
insurance contract payable to the estate of a decedent, or other	69148
insurance contract taxable under Chapter 5731. of the Revised	69149
Code, proceeds of any death benefit, retirement, pension, or	69150
profit sharing plan in excess of two thousand dollars, or	69151
securities, assets, or other property of any resident decedent,	69152
and in addition thereto, to a penalty of not less than five	69153
hundred or more than five thousand dollars.	69154

Sec. 5733.01. (A) The tax provided by this chapter for	69155
domestic corporations shall be the amount charged against each	69156
corporation organized for profit under the laws of this state and	69157
each nonprofit corporation organized pursuant to Chapter 1729. of	69158
the Revised Code, except as provided in sections 5733.09 and	69159
5733.10 of the Revised Code, for the privilege of exercising its	69160
franchise during the calendar year in which that amount is	69161
payable, and the tax provided by this chapter for foreign	69162
corporations shall be the amount charged against each corporation	69163
organized for profit and each nonprofit corporation organized or	69164
operating in the same or similar manner as nonprofit corporations	69165
organized under Chapter 1729. of the Revised Code, under the laws	69166
of any state or country other than this state, except as provided	69167
in sections 5733.09 and 5733.10 of the Revised Code, for the	69168
privilege of doing business in this state, owning or using a part	69169
or all of its capital or property in this state, holding a	69170
certificate of compliance with the laws of this state authorizing	69171
it to do business in this state, or otherwise having nexus in or	69172
with this state under the Constitution of the United States,	69173
during the calendar year in which that amount is payable.	69174

(B) A corporation is subject to the tax imposed by section	69175
5733.06 of the Revised Code for each calendar year prior to 2014	69176
that it is so organized, doing business, owning or using a part or	69177
all of its capital or property, holding a certificate of	69178
compliance, or otherwise having nexus in or with this state under	69179
the Constitution of the United States, on the first day of January	69180
of that calendar year. No credit authorized by this chapter may be	69181
claimed for tax year 2014 or any tax year thereafter.	69182

(C) Any corporation subject to this chapter that is not	69183
subject to the federal income tax shall file its returns and	69184
compute its tax liability as required by this chapter in the same	69185
manner as if that corporation were subject to the federal income	69186
tax.	69187

(D) For purposes of this chapter, a federally chartered	69188
financial institution shall be deemed to be organized under the	69189
laws of the state within which its principal office is located.	69190

(E) For purposes of this chapter, any person, as defined in	69191
section 5701.01 of the Revised Code, shall be treated as a	69192
corporation if the person is classified for federal income tax	69193
purposes as an association taxable as a corporation, and an equity	69194
interest in the person shall be treated as capital stock of the	69195
person.	69196

(F) For the purposes of this chapter, "disregarded entity"	69197
has the same meaning as in division (D) of section 5745.01 of the	69198
Revised Code.	69199

(1) A person's interest in a disregarded entity, whether held	69200
directly or indirectly, shall be treated as the person's ownership	69201
of the assets and liabilities of the disregarded entity, and the	69202
income, including gain or loss, shall be included in the person's	69203
net income under this chapter.	69204

(2) Any sale, exchange, or other disposition of the person's	69205
interest in the disregarded entity, whether held directly or	69206
indirectly, shall be treated as a sale, exchange, or other	69207
disposition of the person's share of the disregarded entity's	69208
underlying assets or liabilities, and the gain or loss from such	69209
sale, exchange, or disposition shall be included in the person's	69210
net income under this chapter.	69211

(3) The disregarded entity's payroll, property, and sales	69212
factors shall be included in the person's factors.	69213

(G) The tax a corporation is required to pay under this	69214
chapter shall be as follows:	69215

(1)(a) For financial institutions, the greater of the minimum	69216
payment required under division (E) of section 5733.06 of the	69217
Revised Code or the difference between all taxes charged the	69218
financial institution under this chapter, without regard to	69219
division (G)(2) of this section, less any credits allowable	69220
against such tax.	69221

(b) A corporation satisfying the description in division	69222
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	69223
Code, as that section existed before its amendment by H.B. 487 of	69224
the 129th general assembly, that is not a financial institution,	69225
insurance company, or dealer in intangibles is subject to the	69226
taxes imposed under this chapter as a corporation and not subject	69227
to tax as a financial institution, and shall pay the greater of	69228
the minimum payment required under division (E) of section 5733.06	69229
of the Revised Code or the difference between all the taxes	69230
charged under this chapter, without regard to division (G)(2) of	69231
this section, less any credits allowable against such tax.	69232

(2) For all corporations other than those persons described	69233
in division (G)(1)(a) or (b) of this section, the amount under	69234
division (G)(2)(a) of this section applicable to the tax year	69235
specified less the amount under division (G)(2)(b) of this	69236
section:	69237

(a)(i) For tax year 2005, the greater of the minimum payment	69238
required under division (E) of section 5733.06 of the Revised Code	69239
or the difference between all taxes charged the corporation under	69240
this chapter and any credits allowable against such tax;	69241

(ii) For tax year 2006, the greater of the minimum payment	69242
required under division (E) of section 5733.06 of the Revised Code	69243
or four-fifths of the difference between all taxes charged the	69244
corporation under this chapter and any credits allowable against	69245
such tax, except the qualifying pass-through entity tax credit	69246
described in division (A)(30) and the refundable credits described	69247
in divisions (A)(31) to (35) of section 5733.98 of the Revised	69248
Code;	69249

(iii) For tax year 2007, the greater of the minimum payment	69250
required under division (E) of section 5733.06 of the Revised Code	69251
or three-fifths of the difference between all taxes charged the	69252
corporation under this chapter and any credits allowable against	69253
such tax, except the qualifying pass-through entity tax credit	69254
described in division (A)(30) and the refundable credits described	69255
in divisions (A)(31) to (35) of section 5733.98 of the Revised	69256
Code;	69257

(iv) For tax year 2008, the greater of the minimum payment	69258
required under division (E) of section 5733.06 of the Revised Code	69259
or two-fifths of the difference between all taxes charged the	69260
corporation under this chapter and any credits allowable against	69261
such tax, except the qualifying pass-through entity tax credit	69262
described in division (A)(30) and the refundable credits described	69263
in divisions (A)(31) to (35) of section 5733.98 of the Revised	69264
Code;	69265

(v) For tax year 2009, the greater of the minimum payment	69266
required under division (E) of section 5733.06 of the Revised Code	69267
or one-fifth of the difference between all taxes charged the	69268
corporation under this chapter and any credits allowable against	69269
such tax, except the qualifying pass-through entity tax credit	69270
described in division (A)(30) and the refundable credits described	69271
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	69272
the Revised Code;	69273

(vi) For tax year 2010 and each tax year thereafter, no tax.

69274

(b) A corporation shall subtract from the amount calculated	69275
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	69276
any qualifying pass-through entity tax credit described in	69277
division (A)(30) and any refundable credits described in divisions	69278
(A)(31) to (35) of section 5733.98 of the Revised Code to which	69279
the corporation is entitled. Any unused qualifying pass-through	69280
entity tax credit is not refundable.	69281

(c) For the purposes of computing the amount of a credit that	69282
may be carried forward to a subsequent tax year under division	69283
(G)(2) of this section, a credit is utilized against the tax for a	69284
tax year to the extent the credit applies against the tax for that	69285
tax year, even if the difference is then multiplied by the	69286
applicable fraction under division (G)(2)(a) of this section.	69287

(3) Nothing in division (G) of this section eliminates or	69288
reduces the tax imposed by section 5733.41 of the Revised Code on	69289
a qualifying pass-through entity.	69290

Sec. 5733.02. Annually, for tax years prior to tax year	69291
2014, between the first day of January and the thirty-first day of	69292
March or on or before the date as extended under section 5733.13	69293
of the Revised Code, each taxpayer shall make a report in writing	69294
to the tax commissioner in such form as the tax commissioner	69295
prescribes, and shall remit to the commissioner, with the	69296
remittance made payable to the treasurer of state, the amount of	69297
the tax as shown to be due by such report less the amount paid for	69298
the year on a declaration of estimated tax report filed by the	69299
taxpayer as provided by section 5733.021 of the Revised Code.	69300
Remittance shall be made in the form prescribed by the	69301
commissioner, including electronic funds transfer if required by	69302
section 5733.022 of the Revised Code.	69303

The commissioner shall furnish corporations, on request,	69304
copies of the forms prescribed by the commissioner for the purpose	69305
of making such report. A domestic corporation shall not dissolve,	69306
and a foreign corporation shall not withdraw or retire from	69307
business in Ohio, on or after the first day of January in any year	69308
prior to 2014 without making a franchise tax report to the	69309
commissioner and paying or securing the tax charged for the year	69310
in which such dissolution or withdrawal occurs.	69311

The annual corporation report shall be signed by the	69312
president, vice-president, secretary, treasurer, general manager,	69313
superintendent, or managing agent in this state of such	69314
corporation. If a domestic corporation has not completed its	69315
organization, its annual report shall be signed by one of its	69316
incorporators.	69317

The report shall contain the facts, figures, computations,	69318
and attachments that result in the tax charged by this chapter and	69319
determined in the manner provided within the chapter.	69320

Sec. 5733.021. (A) Each taxpayer that does not in January of	69321
any year prior to 2014 file the report and make the payment	69322
required by section 5733.02 of the Revised Code shall make and	69323
file a declaration of estimated tax report for the tax year.	69324

The declaration of estimated tax report shall be filed with	69325
the tax commissioner on or before the last day of January in such	69326
form as prescribed by the tax commissioner, and shall reflect an	69327
estimate of the total amount due under this chapter for the tax	69328
year.	69329

(B) A taxpayer required to file a declaration of estimated	69330
tax report shall make remittance of such estimated tax to the tax	69331
commissioner as follows:	69332

(1) The entire estimated tax at the time of filing the	69333
declaration of estimated tax report, if such estimated tax is not	69334
in excess of the minimum tax as provided in section 5733.06 of the	69335
Revised Code;	69336

(2) If the estimated tax is in excess of the minimum tax:

69337

(a) One-third of the estimated tax at the time of filing the	69338
declaration of estimated tax report;	69339

(b) Two-thirds of the estimated tax on or before the last day	69340
of March of the tax year, if the report required by section	69341
5733.02 of the Revised Code is filed on or before the last day of	69342
March of the tax year.	69343

(3) If the estimated tax is in excess of the minimum tax, and	69344
an extension of time for filing the report required by section	69345
5733.02 of the Revised Code has been granted pursuant to section	69346
5733.13 of the Revised Code:	69347

(a) One-third of the estimated tax at the time of filing the	69348
declaration of estimated tax report;	69349

(b) One-third of the estimated tax on or before the last day	69350
of March of the tax year;	69351

(c) One-third of the estimated tax on or before the last day	69352
of May of the tax year.	69353

Remittance of the estimated tax shall be made payable to the	69354
treasurer of state and shall be made in the form prescribed by the	69355
tax commissioner, including electronic funds transfer if required	69356
by section 5733.022 of the Revised Code.	69357

The tax commissioner shall immediately forward to the	69358
treasurer of state all amounts received under this section, and	69359
the treasurer of state shall credit all payments of such estimated	69360
tax as provided in section 5733.12 of the Revised Code.	69361

(C)(1)(a) For any period of delinquency ending prior to the	69362
first day of June of the tax year, the penalty under division	69363
(A)(2) of section 5733.28 of the Revised Code may be imposed only	69364
on the delinquent portion of the estimated tax required to be paid	69365
under divisions (B)(2)(a) and (b) and (B)(3)(a) and (b) of this	69366
section.	69367

(b) If the taxpayer was not subject to tax for the	69368
immediately preceding tax year, "estimated tax" for purposes of	69369
division (C)(1) of this section is ninety per cent of the	69370
qualifying net tax for the tax year. If the taxpayer was subject	69371
to the tax for the immediately preceding tax year, "estimated tax"	69372
for purposes of division (C)(1) of this section is the lesser of	69373
one hundred per cent of the qualifying net tax for the immediately	69374
preceding tax year or ninety per cent of the qualifying net tax	69375
for the tax year.	69376

(2)(a) For any period of delinquency commencing the first day	69377
of June of the tax year and concluding on the extended due date	69378
pursuant to section 5733.13 of the Revised Code, the penalty under	69379
division (A)(2) of section 5733.28 of the Revised Code may be	69380
imposed only on the delinquent portion of the estimated tax	69381
required to be paid under division (B)(3)(c) of this section.	69382

(b) For purposes of division (C)(2) of this section,	69383
"estimated tax" is ninety per cent of the qualifying net tax for	69384
the tax year.	69385

(3) If the taxpayer did not file a report under section	69386
5733.02 of the Revised Code for the tax year or failed to prepare	69387
and file the report in good faith for the tax year, "qualifying	69388
net tax" as used in division (C) of this section for that tax year	69389
means the amount described in division (C)(3)(a) of this section.	69390
Otherwise, "qualifying net tax" as used in division (C) of this	69391
section for that tax year means the lesser of the amount described	69392
in division (C)(3)(a) or (b) of this section:	69393

(a) The tax imposed by sections 5733.06, 5733.065, and	69394
5733.066 of the Revised Code for that tax year reduced by the	69395
credits listed in section 5733.98 of the Revised Code. If the	69396
credits exceed the total tax, the qualifying net tax is the	69397
minimum tax.	69398

(b) The lesser of the tax shown on the report, prepared and	69399
filed in good faith, reduced by the credits shown on that report,	69400
or the tax shown on an amended report, prepared and filed in good	69401
faith, reduced by the credits shown on that amended report. If the	69402
credits shown exceed the total tax shown, the qualifying net tax	69403
is the minimum tax.	69404

Sec. 5733.06. ~~The~~For tax years prior to tax year 2014, the	69405
tax hereby charged each corporation subject to this chapter shall	69406
be the greater of the sum of divisions (A) and (B) of this	69407
section, after the reduction, if any, provided by division (J) of	69408
this section, or division (C) of this section, after the	69409
reduction, if any, provided by division (J) of this section,	69410
except that the tax hereby charged each financial institution	69411
subject to this chapter shall be the amount computed under	69412
division (D) of this section:	69413

(A) Except as set forth in division (F) of this section, five	69414
and one-tenth per cent upon the first fifty thousand dollars of	69415
the value of the taxpayer's issued and outstanding shares of stock	69416
as determined under division (B) of section 5733.05 of the Revised	69417
Code;	69418

(B) Except as set forth in division (F) of this section,	69419
eight and one-half per cent upon the value so determined in excess	69420
of fifty thousand dollars; or	69421

(C)(1) Except as otherwise provided under division (G) of	69422
this section, four mills times that portion of the value of the	69423
issued and outstanding shares of stock as determined under	69424
division (C) of section 5733.05 of the Revised Code. For the	69425
purposes of division (C) of this section, division (C)(2) of	69426
section 5733.065, and division (C) of section 5733.066 of the	69427
Revised Code, the value of the issued and outstanding shares of	69428
stock of an eligible corporation for tax year 2003 through tax	69429
year 2007, or of a ~~qualified~~qualifying holding company, is zero.	69430

(2) As used in division (C) of this section, "eligible	69431
corporation" means a person treated as a corporation for federal	69432
income tax purposes that meets all of the following criteria:	69433

(a) The corporation conducts business for an entire taxable	69434
year as a qualified trade or business as defined by division (C)	69435
of section 122.15 of the Revised Code.	69436

(b) The corporation uses more than fifty per cent of the	69437
corporation's assets, based on net book value, that are located in	69438
Ohio solely to conduct activities that constitute a qualified	69439
trade or business as defined by section 122.15 of the Revised	69440
Code.	69441

(c) The corporation has been formed or organized not more	69442
than three years before the report required to be filed by section	69443
5733.02 of the Revised Code is due, without regard to any	69444
extensions.	69445

(d) The corporation is not a related member, as defined in	69446
section 5733.042 of the Revised Code, at any time during the	69447
taxable year with respect to another person treated as a	69448
corporation for federal income tax purposes. A corporation is not	69449
a related member if during the entire taxable year at least	69450
seventy-five per cent of the corporation's stock is owned directly	69451
or through a pass-through entity by individuals, estates, and	69452
grantor trusts, and the individuals, estates, and grantor trusts	69453
do not directly or indirectly own more than twenty per cent of the	69454
value of another person treated as a corporation for federal	69455
income tax purposes that is conducting a qualified trade or	69456
business.	69457

(D) The tax charged each financial institution subject to	69458
this chapter shall be that portion of the value of the issued and	69459
outstanding shares of stock as determined under division (A) of	69460
section 5733.05 of the Revised Code, multiplied by the following	69461
amounts:	69462

(1) For tax years prior to the 1999 tax year, fifteen mills;

69463

(2) For the 1999 tax year, fourteen mills;

69464

(3) For tax year 2000 and thereafter, thirteen mills.

69465

(E) No tax shall be charged from any corporation that has	69466
been adjudicated bankrupt, or for which a receiver has been	69467
appointed, or that has made a general assignment for the benefit	69468
of creditors, except for the portion of the then current tax year	69469
during which the tax commissioner finds such corporation had the	69470
power to exercise its corporate franchise unimpaired by such	69471
proceedings or act. The minimum payment for each corporation shall	69472
be as follows:	69473

(1) One thousand dollars in the case of a corporation having	69474
gross receipts for the taxable year equal to at least five million	69475
dollars from activities within or outside this state or in the	69476
case of a corporation employing at least three hundred employees	69477
at some time during the taxable year within or outside this state;	69478

(2) Fifty dollars in the case of any other corporation.

69479

The tax charged to corporations under this chapter for the	69480
privilege of engaging in business in this state, which is an	69481
excise tax levied on the value of the issued and outstanding	69482
shares of stock, shall in no manner be construed as prohibiting or	69483
otherwise limiting the powers of municipal corporations, joint	69484
economic development zones created under section 715.691 of the	69485
Revised Code, and joint economic development districts created	69486
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	69487
Revised Code in this state to impose an income tax on the income	69488
of such corporations.	69489

(F) If two or more taxpayers satisfy the ownership or control	69490
requirements of division (A) of section 5733.052 of the Revised	69491
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	69492
amount" for "fifty thousand dollars" in divisions (A) and (B) of	69493
this section. For purposes of this division, "the taxpayer's	69494
pro-rata amount" is an amount that, when added to the other such	69495
taxpayers' pro-rata amounts, does not exceed fifty thousand	69496
dollars. For the purpose of making that computation, the	69497
taxpayer's pro-rata amount shall not be less than zero. Nothing in	69498
this division derogates from or eliminates the requirement to make	69499
the alternative computation of tax under division (C) of this	69500
section.	69501

(G) The tax liability of any corporation under division (C)	69502
of this section shall not exceed one hundred fifty thousand	69503
dollars.	69504

(H)(1) For the purposes of division (H) of this section,	69505
"exiting corporation" means a corporation that satisfies all of	69506
the following conditions:	69507

(a) The corporation had nexus with or in this state under the	69508
Constitution of the United States during any portion of a calendar	69509
year;	69510

(b) The corporation was not a corporation described in	69511
division (A) of section 5733.01 of the Revised Code on the first	69512
day of January immediately following that calendar year;	69513

(c) The corporation was not a financial institution on the	69514
first day of January immediately following that calendar year;	69515

(d) If the corporation was a transferor as defined in section	69516
5733.053 of the Revised Code, the corporation's transferee was not	69517
required to add to the transferee's net income the income of the	69518
transferor pursuant to division (B) of that section;	69519

(e) During any portion of that calendar year, or any portion	69520
of the immediately preceding calendar year, the corporation had	69521
net income that was not included in a report filed by the	69522
corporation or its transferee pursuant to section 5733.02,	69523
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	69524

(f) The corporation would have been subject to the tax	69525
computed under divisions (A), (B), (C), (F), and (G) of this	69526
section if the corporation is assumed to be a corporation	69527
described in division (A) of section 5733.01 of the Revised Code	69528
on the first day of January immediately following the calendar	69529
year to which division (H)(1)(a) of this section refers.	69530

(2) For the purposes of division (H) of this section,	69531
"unreported net income" means net income that was not previously	69532
included in a report filed pursuant to section 5733.02, 5733.021,	69533
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	69534
realized or recognized during the calendar year to which division	69535
(H)(1) of this section refers or the immediately preceding	69536
calendar year.	69537

(3) Each exiting corporation shall pay a tax computed by	69538
first allocating and apportioning the unreported net income	69539
pursuant to division (B) of section 5733.05 and section 5733.051	69540
and, if applicable, section 5733.052 of the Revised Code. The	69541
exiting corporation then shall compute the tax due on its	69542
unreported net income allocated and apportioned to this state by	69543
applying divisions (A), (B), and (F) of this section to that	69544
income.	69545

(4) Divisions (C) and (G) of this section, division (D)(2) of	69546
section 5733.065, and division (C) of section 5733.066 of the	69547
Revised Code do not apply to an exiting corporation, but exiting	69548
corporations are subject to every other provision of this chapter.	69549

(5) Notwithstanding division (B) of section 5733.01 or	69550
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	69551
contrary, each exiting corporation shall report and pay the tax	69552
due under division (H) of this section on or before the	69553
thirty-first day of May immediately following the calendar year to	69554
which division (H)(1)(a) of this section refers. The exiting	69555
corporation shall file that report on the form most recently	69556
prescribed by the tax commissioner for the purposes of complying	69557
with sections 5733.02 and 5733.03 of the Revised Code. Upon	69558
request by the corporation, the tax commissioner may extend the	69559
date for filing the report.	69560

(6) If, on account of the application of section 5733.053 of	69561
the Revised Code, net income is subject to the tax imposed by	69562
divisions (A) and (B) of this section, such income shall not be	69563
subject to the tax imposed by division (H)(3) of this section.	69564

(7) The amendments made to division (H) of this section by	69565
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	69566
any transfer, as defined in section 5733.053 of the Revised Code,	69567
for which negotiations began prior to January 1, 2001, and that	69568
was commenced in and completed during calendar year 2001, unless	69569
the taxpayer makes an election prior to December 31, 2001, to	69570
apply those amendments.	69571

(8) The tax commissioner may adopt rules governing division	69572
(H) of this section.	69573

(I) Any reference in the Revised Code to "the tax imposed by	69574
section 5733.06 of the Revised Code" or "the tax due under section	69575
5733.06 of the Revised Code" includes the taxes imposed under	69576
sections 5733.065 and 5733.066 of the Revised Code.	69577

(J)(1) Division (J) of this section applies solely to a	69578
combined company. Section 5733.057 of the Revised Code shall apply	69579
when calculating the adjustments required by division (J) of this	69580
section.	69581

(2) Subject to division (J)(4) of this section, the total tax	69582
calculated in divisions (A) and (B) of this section shall be	69583
reduced by an amount calculated by multiplying such tax by a	69584
fraction, the numerator of which is the total taxable gross	69585
receipts attributed to providing public utility activity other	69586
than as an electric company under section 5727.03 of the Revised	69587
Code for the year upon which the taxable gross receipts are	69588
measured immediately preceding the tax year, and the denominator	69589
of which is the total gross receipts from all sources for the year	69590
upon which the taxable gross receipts are measured immediately	69591
preceding the tax year. Nothing herein shall be construed to	69592
exclude from the denominator any item of income described in	69593
section 5733.051 of the Revised Code.	69594

(3) Subject to division (J)(4) of this section, the total tax	69595
calculated in division (C) of this section shall be reduced by an	69596
amount calculated by multiplying such tax by the fraction	69597
described in division (J)(2) of this section.	69598

(4) In no event shall the reduction provided by division	69599
(J)(2) or (J)(3) of this section exceed the amount of the excise	69600
tax paid in accordance with section 5727.38 of the Revised Code,	69601
for the year upon which the taxable gross receipts are measured	69602
immediately preceding the tax year.	69603

Sec. 5733.064. There is hereby allowed a credit against the	69604
tax imposed under sections 5733.06, 5733.065, and 5733.066 of the	69605
Revised Code. The credit shall equal the lesser of fifty per cent	69606
of any cash donations made during the taxable year by the taxpayer	69607
to an Ohio corporation organized prior to January 1, 1987, whose	69608
sole purpose is to promote and encourage recycling and that has	69609
been determined by the internal revenue service to be a nonprofit	69610
corporation regardless of whether the nonprofit corporation	69611
received a grant under section ~~1502.05~~3736.05 of the Revised	69612
Code, or to municipal corporations, counties, townships, park	69613
districts, and boards of education that received grants pursuant	69614
to that section, or one-half of the amount of the taxpayer's	69615
additional tax liability for the tax year resulting from the	69616
additional rates imposed by sections 5733.065 and 5733.066 of the	69617
Revised Code to provide funding for ~~the division of~~ recycling and	69618
litter prevention under Chapter ~~1502.~~3736. of the Revised Code.	69619
The taxpayer shall claim the nonrefundable credit in the order	69620
required under section 5733.98 of the Revised Code.	69621

The tax commissioner may require the taxpayer to furnish such	69622
information as is necessary to support a claim for a credit under	69623
this section, and no credit shall be allowed unless the	69624
information is provided.	69625

Sec. 5733.26. (A) Except as provided in section 5733.261 of	69626
the Revised Code, if the tax imposed by sections 5733.06,	69627
5733.065, and 5733.066 of the Revised Code for the tax year,	69628
reduced by the credits listed in section 5733.98 of the Revised	69629
Code, is not paid on or before the date prescribed for its	69630
payment, interest shall be assessed, collected, and paid, in the	69631
same manner as the tax, upon such unpaid amount at the rate per	69632
annum prescribed by section 5703.47 of the Revised Code from the	69633
date prescribed for its payment until it is paid or until the day	69634
an assessment is issued under section 5733.11 of the Revised Code,	69635
whichever occurs first. For estimated tax payments due under	69636
division (B) of section 5733.021 of the Revised Code, the interest	69637
due on the delinquent portion of the estimated tax required to be	69638
paid under that section shall be based on the tax owed for the tax	69639
year without regard to division (C) of section 5733.021 of the	69640
Revised Code.	69641

(B) ~~Interest~~Except as provided in division (C) of this	69642
section, interest shall be allowed and paid at the rate per annum	69643
prescribed by section 5703.47 of the Revised Code upon amounts	69644
refunded with respect to the tax imposed by sections 5733.06,	69645
5733.065, and 5733.066 of the Revised Code. The interest shall run	69646
from whichever of the following dates is the latest until the date	69647
the refund is paid: the date of the illegal, erroneous, or	69648
excessive payment; the ninetieth day after the final date the	69649
annual report under section 5733.02 of the Revised Code was	69650
required to be filed; or the ninetieth day after the date that	69651
report was filed.	69652

If the overpayment results from the carryback of a net	69653
capital loss to a previous taxable year, the overpayment is deemed	69654
not to have been made prior to the filing date, including any	69655
extension thereof, for the taxable year in which the net capital	69656
loss arises.	69657

(C) If a taxpayer claims a refundable credit against the tax	69658
imposed under section 5733.06 of the Revised Code, any payment	69659
that is refunded to the taxpayer as a result of the allowance of	69660
the credit shall not be considered an illegal, erroneous, or	69661
excessive payment for purposes of division (B) of this section. No	69662
interest shall be allowed on an amount refunded to a taxpayer to	69663
the extent that the refund results from the allowance of a	69664
refundable credit.	69665

Sec. 5735.02. (A) A motor fuel dealer shall not receive, use,	69666
sell, or distribute any motor fuel or engage in business within	69667
this state unless the motor fuel dealer holds an unrevoked license	69668
issued by the tax commissioner to engage in such business. To	69669

(B) To procure ~~such~~a motor fuel dealer's license, every	69670
motor fuel dealer shall file with the commissioner an application	69671
verified under oath by the applicant and in such form as the	69672
commissioner prescribes, setting forth, in addition to such other	69673
information required by the commissioner, the following:	69674

~~(A)~~(1) The name under which the motor fuel dealer will	69675
transact business within the state;	69676

~~(B)~~(2) The location, including street number address, of its	69677
principal office or place of business within this state;	69678

~~(C)~~(3) The name and address of the owner, or the names and	69679
addresses of the partners if such motor fuel dealer is a	69680
partnership, or the names and addresses of the principal officers	69681
if such motor fuel dealer is a corporation or an association;	69682

~~(D)~~(4) If such motor fuel dealer is a corporation organized	69683
under the laws of another state, territory, or country, a	69684
certified copy of the certificate or license issued by the Ohio	69685
secretary of state showing that such corporation is authorized to	69686
transact business in this state;	69687

~~(E)~~(5) An agreement that the motor fuel dealer will assume	69688
the liability and will pay the tax on any shipment of motor fuel	69689
made into the state from any other state or foreign country and	69690
sold or caused to be sold by such motor fuel dealer for delivery	69691
to a person in this state who is not the holder of an unrevoked	69692
motor fuel dealer's license.	69693

An(C)(1) Except as provided in division (C)(2) of this	69694
section, an application for a license shall be accompanied by a	69695
bond, of the character stipulated and in the amount provided for	69696
in section 5735.03 of the Revised Code, which shall be filed with	69697
the commissioner.	69698

(2) The tax commissioner may exempt a motor fuel dealer from	69699
the requirements set forth in division (C)(1) of this section and	69700
section 5735.03 of the Revised Code if the motor fuel dealer only	69701
sells or distributes motor fuel upon which the motor fuel taxes	69702
imposed under this chapter have been paid or are not required to	69703
be paid by the motor fuel dealer.	69704

(D) If any application for a license to transact business as	69705
a motor fuel dealer in the state is filed by any person who has	69706
had any license previously canceled for cause by the tax	69707
commissioner; if the commissioner believes that such application	69708
is not filed in good faith or that such application is filed as a	69709
subterfuge by some person for the real person in interest who has	69710
previously had any license canceled for cause by the tax	69711
commissioner; or if the person has violated any provision of this	69712
chapter, then the tax commissioner, after a hearing, of which the	69713
applicant shall be given five days' notice in writing and at which	69714
said applicant shall have the right to appear in person or by	69715
counsel and present testimony, may refuse to issue to such person	69716
a license to transact business as a motor fuel dealer in the	69717
state.	69718

(E) When the application in proper form has been accepted for	69719
filing, and the bond accepted and approved, the commissioner shall	69720
issue to such motor fuel dealer a license to transact business as	69721
a motor fuel dealer in the state, subject to cancellation of such	69722
license as provided by law.	69723

(F) No person shall make a false or fraudulent statement on	69724
the application required by this section.	69725

Sec. 5735.03. ~~Every~~Except as provided in division (C)(2) of	69726
section 5735.02 of the Revised Code, every motor fuel dealer shall	69727
file with the tax commissioner a surety bond of not less than five	69728
thousand dollars, but may be required by the tax commissioner to	69729
submit a surety bond equal to three months' average tax liability,	69730
on a form approved by and with a surety satisfactory to the	69731
commissioner, upon which the motor fuel dealer shall be the	69732
principal obligor and the state shall be the obligee, conditioned	69733
upon the prompt filing of true reports and the payment by the	69734
motor fuel dealer to the treasurer of state of all motor fuel	69735
excise taxes levied by the state, provided that after notice is	69736
received from the state by the surety of the delinquency of any	69737
taxes, if the surety pays the taxes within thirty days after the	69738
receipt of the notice no penalties or interest shall be charged	69739
against the surety. If the surety does not pay the taxes within	69740
thirty days, but does pay within ninety days from the date of the	69741
receipt of notice from the state by the surety, no penalty shall	69742
be assessed against the surety but the surety shall pay interest	69743
at the rate of six per cent per annum on the unpaid taxes from the	69744
date the taxes are due and payable. If the surety does not pay	69745
within ninety days then the surety shall be liable for interest	69746
and penalties, and the tax commissioner may cancel all bonds	69747
issued by the surety.	69748

The commissioner may increase or reduce the amount of the	69749
bond required to be filed by any licensed motor fuel dealer. If	69750
the commissioner finds that it is necessary to increase the bond	69751
to assure payment of the tax, the bond may be increased to an	69752
amount equal to three months/average liability or fifty thousand	69753
dollars, whichever is greater.	69754

If liability upon the bond thus filed by the motor fuel	69755
dealer with the commissioner is discharged or reduced, whether by	69756
judgment rendered, payment made, or otherwise, or if, in the	69757
opinion of the commissioner any surety on the bond theretofore	69758
given has become unsatisfactory or unacceptable, the commissioner	69759
may require the motor fuel dealer to file a new bond with	69760
satisfactory sureties in the same amount, and if a new bond is not	69761
filed the commissioner shall forthwith cancel the license of the	69762
motor fuel dealer. If a new bond is furnished by the motor fuel	69763
dealer, the commissioner shall cancel and surrender the bond of	69764
the motor fuel dealer for which the new bond is substituted.	69765

A surety on a bond furnished by a motor fuel dealer shall be	69766
released from all liability to the state accruing on the bond	69767
after the expiration of sixty days from the date upon which the	69768
surety lodges with the commissioner a written request to be	69769
released. The request shall not operate to release the surety from	69770
any liability already accrued, or which accrues before the	69771
expiration of the sixty-day period. The commissioner shall	69772
promptly on receipt of notice of the request notify the motor fuel	69773
dealer who furnished the bond and, unless the motor fuel dealer on	69774
or before the expiration of the sixty-day period files with the	69775
commissioner a new bond with a surety satisfactory to the	69776
commissioner in the amount and form provided in this section, the	69777
commissioner shall forthwith cancel the license of the motor fuel	69778
dealer. If the new bond is furnished by said motor fuel dealer,	69779
the commissioner shall cancel and surrender the bond of the motor	69780
fuel dealer for which the new bond is substituted.	69781

The commissioner, in lieu of any surety bond required by this	69782
section, may accept a deposit by a motor fuel dealer of cash. Any	69783
cash thus accepted shall be deposited with the treasurer of state	69784
to be held by the treasurer of state, in the same manner as other	69785
cash required to be deposited with the treasurer of state under	69786
the laws of the state, for the account of such motor fuel dealer	69787
and subject to any lawful claim of the state for any excise tax	69788
upon motor fuel, and penalties and interest thereon levied by the	69789
laws of this state. The state shall have a lien upon cash thus	69790
deposited for the amount of any motor fuel excise taxes and	69791
penalty and interest due to the state from the motor fuel dealer	69792
in whose behalf they were deposited. The amount of cash to be thus	69793
accepted shall in all respects be determined in the same manner as	69794
provided in this section for the amount of surety bonds. Any cash	69795
deposited shall be subject to levy upon execution to satisfy any	69796
judgment secured in any action by the state to recover any motor	69797
fuel excise taxes, and penalties and interest found to be due to	69798
the state from such motor fuel dealer. The cash shall be released	69799
by the treasurer of state upon certificate of the commissioner	69800
that the license of the motor fuel dealer in whose behalf they	69801
have been deposited has been canceled or that other security has	69802
been accepted in lieu thereof, and that the state asserts no claim	69803
thereto.	69804

Sec. 5735.35. (A)(1) If any ~~corporation or business trust~~	69805
person, regardless of organizational form, required to file	69806
reports and to remit taxes imposed under this chapter fails for	69807
any reason to file such reports or pay such taxes, any employees	69808
of the ~~corporation or business trust~~person having control or	69809
supervision of, or charged with the responsibility of, filing	69810
reports and making payments, or any officers or trustees of the	69811
~~corporation or business trust~~person responsible for the execution	69812
of the ~~corporation's or business trust's~~person's fiscal	69813
responsibilities, are personally liable for the ~~unpaid liability~~	69814
~~resulting from the~~ failure ~~to file such reports or pay such taxes~~.	69815

(2) The dissolution, termination, or bankruptcy of a	69816
~~corporation or business trust~~person shall not discharge a	69817
responsible officer's, shareholder's, member's, manager's,	69818
employee's, or trustee's liability for failure of the person to	69819
file reports or remit taxes. The sum due for the liability may be	69820
collected by assessment in the manner provided in sections 5735.12	69821
and 5735.121 of the Revised Code.	69822

(B) If more than one ~~person~~individual is personally liable	69823
under this section for the unpaid tax of a ~~corporation or business~~	69824
~~trust~~person, then the liability of all such individuals shall be	69825
joint and several.	69826

Sec. 5739.01. As used in this chapter:

69827

(A) "Person" includes individuals, receivers, assignees,	69828
trustees in bankruptcy, estates, firms, partnerships,	69829
associations, joint-stock companies, joint ventures, clubs,	69830
societies, corporations, the state and its political subdivisions,	69831
and combinations of individuals of any form.	69832

(B) "Sale" and "selling" include all of the following	69833
transactions for a consideration in any manner, whether absolutely	69834
or conditionally, whether for a price or rental, in money or by	69835
exchange, and by any means whatsoever:	69836

(1) All transactions by which title or possession, or both,	69837
of tangible personal property, is or is to be transferred, or a	69838
license to use or consume tangible personal property is or is to	69839
be granted;	69840

(2) All transactions by which lodging by a hotel is or is to	69841
be furnished to transient guests;	69842

(3) All transactions by which:

69843

(a) An item of tangible personal property is or is to be	69844
repaired, except property, the purchase of which would not be	69845
subject to the tax imposed by section 5739.02 of the Revised Code;	69846

(b) An item of tangible personal property is or is to be	69847
installed, except property, the purchase of which would not be	69848
subject to the tax imposed by section 5739.02 of the Revised Code	69849
or property that is or is to be incorporated into and will become	69850
a part of a production, transmission, transportation, or	69851
distribution system for the delivery of a public utility service;	69852

(c) The service of washing, cleaning, waxing, polishing, or	69853
painting a motor vehicle is or is to be furnished;	69854

(d) Until August 1, 2003, industrial laundry cleaning	69855
services are or are to be provided and, on and after August 1,	69856
2003, laundry and dry cleaning services are or are to be provided;	69857

(e) Automatic data processing, computer services, or	69858
electronic information services are or are to be provided for use	69859
in business when the true object of the transaction is the receipt	69860
by the consumer of automatic data processing, computer services,	69861
or electronic information services rather than the receipt of	69862
personal or professional services to which automatic data	69863
processing, computer services, or electronic information services	69864
are incidental or supplemental. Notwithstanding any other	69865
provision of this chapter, such transactions that occur between	69866
members of an affiliated group are not sales. An "affiliated	69867
group" means two or more persons related in such a way that one	69868
person owns or controls the business operation of another member	69869
of the group. In the case of corporations with stock, one	69870
corporation owns or controls another if it owns more than fifty	69871
per cent of the other corporation's common stock with voting	69872
rights.	69873

(f) Telecommunications service, including prepaid calling	69874
service, prepaid wireless calling service, or ancillary service,	69875
is or is to be provided, but not including coin-operated telephone	69876
service;	69877

(g) Landscaping and lawn care service is or is to be	69878
provided;	69879

(h) Private investigation and security service is or is to be	69880
provided;	69881

(i) Information services or tangible personal property is	69882
provided or ordered by means of a nine hundred telephone call;	69883

(j) Building maintenance and janitorial service is or is to	69884
be provided;	69885

(k) Employment service is or is to be provided;

69886

(l) Employment placement service is or is to be provided;

69887

(m) Exterminating service is or is to be provided;

69888

(n) Physical fitness facility service is or is to be	69889
provided;	69890

(o) Recreation and sports club service is or is to be	69891
provided;	69892

(p) On and after August 1, 2003, satellite broadcasting	69893
service is or is to be provided;	69894

(q) On and after August 1, 2003, personal care service is or	69895
is to be provided to an individual. As used in this division,	69896
"personal care service" includes skin care, the application of	69897
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	69898
piercing, tanning, massage, and other similar services. "Personal	69899
care service" does not include a service provided by or on the	69900
order of a licensed physician or licensed chiropractor, or the	69901
cutting, coloring, or styling of an individual's hair.	69902

(r) On and after August 1, 2003, the transportation of	69903
persons by motor vehicle or aircraft is or is to be provided, when	69904
the transportation is entirely within this state, except for	69905
transportation provided by an ambulance service, by a transit bus,	69906
as defined in section 5735.01 of the Revised Code, and	69907
transportation provided by a citizen of the United States holding	69908
a certificate of public convenience and necessity issued under 49	69909
U.S.C. 41102;	69910

(s) On and after August 1, 2003, motor vehicle towing service	69911
is or is to be provided. As used in this division, "motor vehicle	69912
towing service" means the towing or conveyance of a wrecked,	69913
disabled, or illegally parked motor vehicle.	69914

(t) On and after August 1, 2003, snow removal service is or	69915
is to be provided. As used in this division, "snow removal	69916
service" means the removal of snow by any mechanized means, but	69917
does not include the providing of such service by a person that	69918
has less than five thousand dollars in sales of such service	69919
during the calendar year.	69920

(u) Electronic publishing service is or is to be provided to	69921
a consumer for use in business, except that such transactions	69922
occurring between members of an affiliated group, as defined in	69923
division (B)(3)(e) of this section, are not sales.	69924

(4) All transactions by which printed, imprinted,	69925
overprinted, lithographic, multilithic, blueprinted, photostatic,	69926
or other productions or reproductions of written or graphic matter	69927
are or are to be furnished or transferred;	69928

(5) The production or fabrication of tangible personal	69929
property for a consideration for consumers who furnish either	69930
directly or indirectly the materials used in the production of	69931
fabrication work; and include the furnishing, preparing, or	69932
serving for a consideration of any tangible personal property	69933
consumed on the premises of the person furnishing, preparing, or	69934
serving such tangible personal property. Except as provided in	69935
section 5739.03 of the Revised Code, a construction contract	69936
pursuant to which tangible personal property is or is to be	69937
incorporated into a structure or improvement on and becoming a	69938
part of real property is not a sale of such tangible personal	69939
property. The construction contractor is the consumer of such	69940
tangible personal property, provided that the sale and	69941
installation of carpeting, the sale and installation of	69942
agricultural land tile, the sale and erection or installation of	69943
portable grain bins, or the provision of landscaping and lawn care	69944
service and the transfer of property as part of such service is	69945
never a construction contract.	69946

As used in division (B)(5) of this section:

69947

(a) "Agricultural land tile" means fired clay or concrete	69948
tile, or flexible or rigid perforated plastic pipe or tubing,	69949
incorporated or to be incorporated into a subsurface drainage	69950
system appurtenant to land used or to be used primarily in	69951
production by farming, agriculture, horticulture, or floriculture.	69952
The term does not include such materials when they are or are to	69953
be incorporated into a drainage system appurtenant to a building	69954
or structure even if the building or structure is used or to be	69955
used in such production.	69956

(b) "Portable grain bin" means a structure that is used or to	69957
be used by a person engaged in farming or agriculture to shelter	69958
the person's grain and that is designed to be disassembled without	69959
significant damage to its component parts.	69960

(6) All transactions in which all of the shares of stock of a	69961
closely held corporation are transferred, or an ownership interest	69962
in a pass-through entity, as defined in section 5733.04 of the	69963
Revised Code, is transferred, if the corporation or pass-through	69964
entity is not engaging in business and its entire assets consist	69965
of boats, planes, motor vehicles, or other tangible personal	69966
property operated primarily for the use and enjoyment of the	69967
shareholders or owners;	69968

(7) All transactions in which a warranty, maintenance or	69969
service contract, or similar agreement by which the vendor of the	69970
warranty, contract, or agreement agrees to repair or maintain the	69971
tangible personal property of the consumer is or is to be	69972
provided;	69973

(8) The transfer of copyrighted motion picture films used	69974
solely for advertising purposes, except that the transfer of such	69975
films for exhibition purposes is not a sale;	69976

(9) On and after August 1, 2003, all transactions by which	69977
tangible personal property is or is to be stored, except such	69978
property that the consumer of the storage holds for sale in the	69979
regular course of business;	69980

(10) All transactions in which "guaranteed auto protection"	69981
is provided whereby a person promises to pay to the consumer the	69982
difference between the amount the consumer receives from motor	69983
vehicle insurance and the amount the consumer owes to a person	69984
holding title to or a lien on the consumer's motor vehicle in the	69985
event the consumer's motor vehicle suffers a total loss under the	69986
terms of the motor vehicle insurance policy or is stolen and not	69987
recovered, if the protection and its price are included in the	69988
purchase or lease agreement;	69989

(11)(a) Except as provided in division (B)(11)(b) of this	69990
section, on and after October 1, 2009, all transactions by which	69991
health care services are paid for, reimbursed, provided,	69992
delivered, arranged for, or otherwise made available by a medicaid	69993
health insuring corporation pursuant to the corporation's contract	69994
with the state.	69995

(b) If the centers for medicare and medicaid services of the	69996
United States department of health and human services determines	69997
that the taxation of transactions described in division (B)(11)(a)	69998
of this section constitutes an impermissible health care-related	69999
tax under section 1903(w) of the "Social Security Act," 49 Stat.	70000
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	70001
adopted thereunder, the director of job and family services shall	70002
notify the tax commissioner of that determination. Beginning with	70003
the first day of the month following that notification, the	70004
transactions described in division (B)(11)(a) of this section are	70005
not sales for the purposes of this chapter or Chapter 5741. of the	70006
Revised Code. The tax commissioner shall order that the collection	70007
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	70008
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	70009
shall cease for transactions occurring on or after that date.	70010

Except as provided in this section, "sale" and "selling" do	70011
not include transfers of interest in leased property where the	70012
original lessee and the terms of the original lease agreement	70013
remain unchanged, or professional, insurance, or personal service	70014
transactions that involve the transfer of tangible personal	70015
property as an inconsequential element, for which no separate	70016
charges are made.	70017

(C) "Vendor" means the person providing the service or by	70018
whom the transfer effected or license given by a sale is or is to	70019
be made or given and, for sales described in division (B)(3)(i) of	70020
this section, the telecommunications service vendor that provides	70021
the nine hundred telephone service; if two or more persons are	70022
engaged in business at the same place of business under a single	70023
trade name in which all collections on account of sales by each	70024
are made, such persons shall constitute a single vendor.	70025

Physicians, dentists, hospitals, and veterinarians who are	70026
engaged in selling tangible personal property as received from	70027
others, such as eyeglasses, mouthwashes, dentifrices, or similar	70028
articles, are vendors. Veterinarians who are engaged in	70029
transferring to others for a consideration drugs, the dispensing	70030
of which does not require an order of a licensed veterinarian or	70031
physician under federal law, are vendors.	70032

(D)(1) "Consumer" means the person for whom the service is	70033
provided, to whom the transfer effected or license given by a sale	70034
is or is to be made or given, to whom the service described in	70035
division (B)(3)(f) or (i) of this section is charged, or to whom	70036
the admission is granted.	70037

(2) Physicians, dentists, hospitals, and blood banks operated	70038
by nonprofit institutions and persons licensed to practice	70039
veterinary medicine, surgery, and dentistry are consumers of all	70040
tangible personal property and services purchased by them in	70041
connection with the practice of medicine, dentistry, the rendition	70042
of hospital or blood bank service, or the practice of veterinary	70043
medicine, surgery, and dentistry. In addition to being consumers	70044
of drugs administered by them or by their assistants according to	70045
their direction, veterinarians also are consumers of drugs that	70046
under federal law may be dispensed only by or upon the order of a	70047
licensed veterinarian or physician, when transferred by them to	70048
others for a consideration to provide treatment to animals as	70049
directed by the veterinarian.	70050

(3) A person who performs a facility management, or similar	70051
service contract for a contractee is a consumer of all tangible	70052
personal property and services purchased for use in connection	70053
with the performance of such contract, regardless of whether title	70054
to any such property vests in the contractee. The purchase of such	70055
property and services is not subject to the exception for resale	70056
under division (E)(1) of this section.	70057

(4)(a) In the case of a person who purchases printed matter	70058
for the purpose of distributing it or having it distributed to the	70059
public or to a designated segment of the public, free of charge,	70060
that person is the consumer of that printed matter, and the	70061
purchase of that printed matter for that purpose is a sale.	70062

(b) In the case of a person who produces, rather than	70063
purchases, printed matter for the purpose of distributing it or	70064
having it distributed to the public or to a designated segment of	70065
the public, free of charge, that person is the consumer of all	70066
tangible personal property and services purchased for use or	70067
consumption in the production of that printed matter. That person	70068
is not entitled to claim exemption under division (B)(42)(f) of	70069
section 5739.02 of the Revised Code for any material incorporated	70070
into the printed matter or any equipment, supplies, or services	70071
primarily used to produce the printed matter.	70072

(c) The distribution of printed matter to the public or to a	70073
designated segment of the public, free of charge, is not a sale to	70074
the members of the public to whom the printed matter is	70075
distributed or to any persons who purchase space in the printed	70076
matter for advertising or other purposes.	70077

(5) A person who makes sales of any of the services listed in	70078
division (B)(3) of this section is the consumer of any tangible	70079
personal property used in performing the service. The purchase of	70080
that property is not subject to the resale exception under	70081
division (E)(1) of this section.	70082

(6) A person who engages in highway transportation for hire	70083
is the consumer of all packaging materials purchased by that	70084
person and used in performing the service, except for packaging	70085
materials sold by such person in a transaction separate from the	70086
service.	70087

(7) In the case of a transaction for health care services	70088
under division (B)(11) of this section, a medicaid health insuring	70089
corporation is the consumer of such services. The purchase of such	70090
services by a medicaid health insuring corporation is not subject	70091
to the exception for resale under division (E)(1) of this section	70092
or to the exemptions provided under divisions (B)(12), (18), (19),	70093
and (22) of section 5739.02 of the Revised Code.	70094

(E) "Retail sale" and "sales at retail" include all sales,	70095
except those in which the purpose of the consumer is to resell the	70096
thing transferred or benefit of the service provided, by a person	70097
engaging in business, in the form in which the same is, or is to	70098
be, received by the person.	70099

(F) "Business" includes any activity engaged in by any person	70100
with the object of gain, benefit, or advantage, either direct or	70101
indirect. "Business" does not include the activity of a person in	70102
managing and investing the person's own funds.	70103

(G) "Engaging in business" means commencing, conducting, or	70104
continuing in business, and liquidating a business when the	70105
liquidator thereof holds itself out to the public as conducting	70106
such business. Making a casual sale is not engaging in business.	70107

(H)(1)(a) "Price," except as provided in divisions (H)(2),	70108
(3), and (4) of this section, means the total amount of	70109
consideration, including cash, credit, property, and services, for	70110
which tangible personal property or services are sold, leased, or	70111
rented, valued in money, whether received in money or otherwise,	70112
without any deduction for any of the following:	70113

(i) The vendor's cost of the property sold;

70114

(ii) The cost of materials used, labor or service costs,	70115
interest, losses, all costs of transportation to the vendor, all	70116
taxes imposed on the vendor, including the tax imposed under	70117
Chapter 5751. of the Revised Code, and any other expense of the	70118
vendor;	70119

(iii) Charges by the vendor for any services necessary to	70120
complete the sale;	70121

(iv) On and after August 1, 2003, delivery charges. As used	70122
in this division, "delivery charges" means charges by the vendor	70123
for preparation and delivery to a location designated by the	70124
consumer of tangible personal property or a service, including	70125
transportation, shipping, postage, handling, crating, and packing.	70126

(v) Installation charges;

70127

(vi) Credit for any trade-in.

70128

(b) "Price" includes consideration received by the vendor	70129
from a third party, if the vendor actually receives the	70130
consideration from a party other than the consumer, and the	70131
consideration is directly related to a price reduction or discount	70132
on the sale; the vendor has an obligation to pass the price	70133
reduction or discount through to the consumer; the amount of the	70134
consideration attributable to the sale is fixed and determinable	70135
by the vendor at the time of the sale of the item to the consumer;	70136
and one of the following criteria is met:	70137

(i) The consumer presents a coupon, certificate, or other	70138
document to the vendor to claim a price reduction or discount	70139
where the coupon, certificate, or document is authorized,	70140
distributed, or granted by a third party with the understanding	70141
that the third party will reimburse any vendor to whom the coupon,	70142
certificate, or document is presented;	70143

(ii) The consumer identifies the consumer's self to the	70144
seller as a member of a group or organization entitled to a price	70145
reduction or discount. A preferred customer card that is available	70146
to any patron does not constitute membership in such a group or	70147
organization.	70148

(iii) The price reduction or discount is identified as a	70149
third party price reduction or discount on the invoice received by	70150
the consumer, or on a coupon, certificate, or other document	70151
presented by the consumer.	70152

70153

(i) Discounts, including cash, term, or coupons that are not	70154
reimbursed by a third party that are allowed by a vendor and taken	70155
by a consumer on a sale;	70156

(ii) Interest, financing, and carrying charges from credit	70157
extended on the sale of tangible personal property or services, if	70158
the amount is separately stated on the invoice, bill of sale, or	70159
similar document given to the purchaser;	70160

(iii) Any taxes legally imposed directly on the consumer that	70161
are separately stated on the invoice, bill of sale, or similar	70162
document given to the consumer. For the purpose of this division,	70163
the tax imposed under Chapter 5751. of the Revised Code is not a	70164
tax directly on the consumer, even if the tax or a portion thereof	70165
is separately stated.	70166

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	70167
section, any discount allowed by an automobile manufacturer to its	70168
employee, or to the employee of a supplier, on the purchase of a	70169
new motor vehicle from a new motor vehicle dealer in this state.	70170

(v) The dollar value of a gift card that is not sold by a	70171
vendor or purchased by a consumer and that is redeemed by the	70172
consumer in purchasing tangible personal property or services if	70173
the vendor is not reimbursed and does not receive compensation	70174
from a third party to cover all or part of the gift card value.	70175
For the purposes of this division, a gift card is not sold by a	70176
vendor or purchased by a consumer if it is distributed pursuant to	70177
an awards, loyalty, or promotional program. Past and present	70178
purchases of tangible personal property or services by the	70179
consumer shall not be treated as consideration exchanged for a	70180
gift card.	70181

(2) In the case of a sale of any new motor vehicle by a new	70182
motor vehicle dealer, as defined in section 4517.01 of the Revised	70183
Code, in which another motor vehicle is accepted by the dealer as	70184
part of the consideration received, "price" has the same meaning	70185
as in division (H)(1) of this section, reduced by the credit	70186
afforded the consumer by the dealer for the motor vehicle received	70187
in trade.	70188

(3) In the case of a sale of any watercraft or outboard motor	70189
by a watercraft dealer licensed in accordance with section	70190
1547.543 of the Revised Code, in which another watercraft,	70191
watercraft and trailer, or outboard motor is accepted by the	70192
dealer as part of the consideration received, "price" has the same	70193
meaning as in division (H)(1) of this section, reduced by the	70194
credit afforded the consumer by the dealer for the watercraft,	70195
watercraft and trailer, or outboard motor received in trade. As	70196
used in this division, "watercraft" includes an outdrive unit	70197
attached to the watercraft.	70198

(4) In the case of transactions for health care services	70199
under division (B)(11) of this section, "price" means the amount	70200
of managed care premiums received each month by a medicaid health	70201
insuring corporation.	70202

(I) "Receipts" means the total amount of the prices of the	70203
sales of vendors, provided that the dollar value of gift cards	70204
distributed pursuant to an awards, loyalty, or promotional	70205
program, and cash discounts allowed and taken on sales at the time	70206
they are consummated are not included, minus any amount deducted	70207
as a bad debt pursuant to section 5739.121 of the Revised Code.	70208
"Receipts" does not include the sale price of property returned or	70209
services rejected by consumers when the full sale price and tax	70210
are refunded either in cash or by credit.	70211

(J) "Place of business" means any location at which a person	70212
engages in business.	70213

(K) "Premises" includes any real property or portion thereof	70214
upon which any person engages in selling tangible personal	70215
property at retail or making retail sales and also includes any	70216
real property or portion thereof designated for, or devoted to,	70217
use in conjunction with the business engaged in by such person.	70218

(L) "Casual sale" means a sale of an item of tangible	70219
personal property that was obtained by the person making the sale,	70220
through purchase or otherwise, for the person's own use and was	70221
previously subject to any state's taxing jurisdiction on its sale	70222
or use, and includes such items acquired for the seller's use that	70223
are sold by an auctioneer employed directly by the person for such	70224
purpose, provided the location of such sales is not the	70225
auctioneer's permanent place of business. As used in this	70226
division, "permanent place of business" includes any location	70227
where such auctioneer has conducted more than two auctions during	70228
the year.	70229

(M) "Hotel" means every establishment kept, used, maintained,	70230
advertised, or held out to the public to be a place where sleeping	70231
accommodations are offered to guests, in which five or more rooms	70232
are used for the accommodation of such guests, whether the rooms	70233
are in one or several structures, except as otherwise provided in	70234
division (G) of section 5739.09 of the Revised Code.	70235

(N) "Transient guests" means persons occupying a room or	70236
rooms for sleeping accommodations for less than thirty consecutive	70237
days.	70238

(O) "Making retail sales" means the effecting of transactions	70239
wherein one party is obligated to pay the price and the other	70240
party is obligated to provide a service or to transfer title to or	70241
possession of the item sold. "Making retail sales" does not	70242
include the preliminary acts of promoting or soliciting the retail	70243
sales, other than the distribution of printed matter which	70244
displays or describes and prices the item offered for sale, nor	70245
does it include delivery of a predetermined quantity of tangible	70246
personal property or transportation of property or personnel to or	70247
from a place where a service is performed~~, regardless of whether~~	70248
~~the vendor is a delivery vendor~~.	70249

(P) "Used directly in the rendition of a public utility	70250
service" means that property that is to be incorporated into and	70251
will become a part of the consumer's production, transmission,	70252
transportation, or distribution system and that retains its	70253
classification as tangible personal property after such	70254
incorporation; fuel or power used in the production, transmission,	70255
transportation, or distribution system; and tangible personal	70256
property used in the repair and maintenance of the production,	70257
transmission, transportation, or distribution system, including	70258
only such motor vehicles as are specially designed and equipped	70259
for such use. Tangible personal property and services used	70260
primarily in providing highway transportation for hire are not	70261
used directly in the rendition of a public utility service. In	70262
this definition, "public utility" includes a citizen of the United	70263
States holding, and required to hold, a certificate of public	70264
convenience and necessity issued under 49 U.S.C. 41102.	70265

(Q) "Refining" means removing or separating a desirable	70266
product from raw or contaminated materials by distillation or	70267
physical, mechanical, or chemical processes.	70268

(R) "Assembly" and "assembling" mean attaching or fitting	70269
together parts to form a product, but do not include packaging a	70270
product.	70271

(S) "Manufacturing operation" means a process in which	70272
materials are changed, converted, or transformed into a different	70273
state or form from which they previously existed and includes	70274
refining materials, assembling parts, and preparing raw materials	70275
and parts by mixing, measuring, blending, or otherwise committing	70276
such materials or parts to the manufacturing process.	70277
"Manufacturing operation" does not include packaging.	70278

(T) "Fiscal officer" means, with respect to a regional	70279
transit authority, the secretary-treasurer thereof, and with	70280
respect to a county that is a transit authority, the fiscal	70281
officer of the county transit board if one is appointed pursuant	70282
to section 306.03 of the Revised Code or the county auditor if the	70283
board of county commissioners operates the county transit system.	70284

(U) "Transit authority" means a regional transit authority	70285
created pursuant to section 306.31 of the Revised Code or a county	70286
in which a county transit system is created pursuant to section	70287
306.01 of the Revised Code. For the purposes of this chapter, a	70288
transit authority must extend to at least the entire area of a	70289
single county. A transit authority that includes territory in more	70290
than one county must include all the area of the most populous	70291
county that is a part of such transit authority. County population	70292
shall be measured by the most recent census taken by the United	70293
States census bureau.	70294

(V) "Legislative authority" means, with respect to a regional	70295
transit authority, the board of trustees thereof, and with respect	70296
to a county that is a transit authority, the board of county	70297
commissioners.	70298

(W) "Territory of the transit authority" means all of the	70299
area included within the territorial boundaries of a transit	70300
authority as they from time to time exist. Such territorial	70301
boundaries must at all times include all the area of a single	70302
county or all the area of the most populous county that is a part	70303
of such transit authority. County population shall be measured by	70304
the most recent census taken by the United States census bureau.	70305

(X) "Providing a service" means providing or furnishing	70306
anything described in division (B)(3) of this section for	70307
consideration.	70308

(Y)(1)(a) "Automatic data processing" means processing of	70309
others' data, including keypunching or similar data entry services	70310
together with verification thereof, or providing access to	70311
computer equipment for the purpose of processing data.	70312

(b) "Computer services" means providing services consisting	70313
of specifying computer hardware configurations and evaluating	70314
technical processing characteristics, computer programming, and	70315
training of computer programmers and operators, provided in	70316
conjunction with and to support the sale, lease, or operation of	70317
taxable computer equipment or systems.	70318

(c) "Electronic information services" means providing access	70319
to computer equipment by means of telecommunications equipment for	70320
the purpose of either of the following:	70321

(i) Examining or acquiring data stored in or accessible to	70322
the computer equipment;	70323

(ii) Placing data into the computer equipment to be retrieved	70324
by designated recipients with access to the computer equipment.	70325

For transactions occurring on or after the effective date of	70326
the amendment of this section by H.B. 157 of the 127th general	70327
assembly, December 21, 2007, "electronic information services"	70328
does not include electronic publishing as defined in division	70329
(LLL) of this section.	70330

(d) "Automatic data processing, computer services, or	70331
electronic information services" shall not include personal or	70332
professional services.	70333

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	70334
section, "personal and professional services" means all services	70335
other than automatic data processing, computer services, or	70336
electronic information services, including but not limited to:	70337

(a) Accounting and legal services such as advice on tax	70338
matters, asset management, budgetary matters, quality control,	70339
information security, and auditing and any other situation where	70340
the service provider receives data or information and studies,	70341
alters, analyzes, interprets, or adjusts such material;	70342

(b) Analyzing business policies and procedures;

70343

70344

(d) Feasibility studies, including economic and technical	70345
analysis of existing or potential computer hardware or software	70346
needs and alternatives;	70347

(e) Designing policies, procedures, and custom software for	70348
collecting business information, and determining how data should	70349
be summarized, sequenced, formatted, processed, controlled, and	70350
reported so that it will be meaningful to management;	70351

(f) Developing policies and procedures that document how	70352
business events and transactions are to be authorized, executed,	70353
and controlled;	70354

(g) Testing of business procedures;

70355

(h) Training personnel in business procedure applications;

70356

(i) Providing credit information to users of such information	70357
by a consumer reporting agency, as defined in the "Fair Credit	70358
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	70359
as hereafter amended, including but not limited to gathering,	70360
organizing, analyzing, recording, and furnishing such information	70361
by any oral, written, graphic, or electronic medium;	70362

(j) Providing debt collection services by any oral, written,	70363
graphic, or electronic means.	70364

The services listed in divisions (Y)(2)(a) to (j) of this	70365
section are not automatic data processing or computer services.	70366

(Z) "Highway transportation for hire" means the	70367
transportation of personal property belonging to others for	70368
consideration by any of the following:	70369

(1) The holder of a permit or certificate issued by this	70370
state or the United States authorizing the holder to engage in	70371
transportation of personal property belonging to others for	70372
consideration over or on highways, roadways, streets, or any	70373
similar public thoroughfare;	70374

(2) A person who engages in the transportation of personal	70375
property belonging to others for consideration over or on	70376
highways, roadways, streets, or any similar public thoroughfare	70377
but who could not have engaged in such transportation on December	70378
11, 1985, unless the person was the holder of a permit or	70379
certificate of the types described in division (Z)(1) of this	70380
section;	70381

(3) A person who leases a motor vehicle to and operates it	70382
for a person described by division (Z)(1) or (2) of this section.	70383

(AA)(1) "Telecommunications service" means the electronic	70384
transmission, conveyance, or routing of voice, data, audio, video,	70385
or any other information or signals to a point, or between or	70386
among points. "Telecommunications service" includes such	70387
transmission, conveyance, or routing in which computer processing	70388
applications are used to act on the form, code, or protocol of the	70389
content for purposes of transmission, conveyance, or routing	70390
without regard to whether the service is referred to as voice-over	70391
internet protocol service or is classified by the federal	70392
communications commission as enhanced or value-added.	70393
"Telecommunications service" does not include any of the	70394
following:	70395

(a) Data processing and information services that allow data	70396
to be generated, acquired, stored, processed, or retrieved and	70397
delivered by an electronic transmission to a consumer where the	70398
consumer's primary purpose for the underlying transaction is the	70399
processed data or information;	70400

(b) Installation or maintenance of wiring or equipment on a	70401
customer's premises;	70402

70403

(d) Advertising, including directory advertising;

70404

(e) Billing and collection services provided to third	70405
parties;	70406

(f) Internet access service;

70407

(g) Radio and television audio and video programming	70408
services, regardless of the medium, including the furnishing of	70409
transmission, conveyance, and routing of such services by the	70410
programming service provider. Radio and television audio and video	70411
programming services include, but are not limited to, cable	70412
service, as defined in 47 U.S.C. 522(6), and audio and video	70413
programming services delivered by commercial mobile radio service	70414
providers, as defined in 47 C.F.R. 20.3;	70415

(h) Ancillary service;

70416

(i) Digital products delivered electronically, including	70417
software, music, video, reading materials, or ring tones.	70418

(2) "Ancillary service" means a service that is associated	70419
with or incidental to the provision of telecommunications service,	70420
including conference bridging service, detailed telecommunications	70421
billing service, directory assistance, vertical service, and voice	70422
mail service. As used in this division:	70423

(a) "Conference bridging service" means an ancillary service	70424
that links two or more participants of an audio or video	70425
conference call, including providing a telephone number.	70426
"Conference bridging service" does not include telecommunications	70427
services used to reach the conference bridge.	70428

(b) "Detailed telecommunications billing service" means an	70429
ancillary service of separately stating information pertaining to	70430
individual calls on a customer's billing statement.	70431

(c) "Directory assistance" means an ancillary service of	70432
providing telephone number or address information.	70433

(d) "Vertical service" means an ancillary service that is	70434
offered in connection with one or more telecommunications	70435
services, which offers advanced calling features that allow	70436
customers to identify callers and manage multiple calls and call	70437
connections, including conference bridging service.	70438

(e) "Voice mail service" means an ancillary service that	70439
enables the customer to store, send, or receive recorded messages.	70440
"Voice mail service" does not include any vertical services that	70441
the customer may be required to have in order to utilize the voice	70442
mail service.	70443

(3) "900 service" means an inbound toll telecommunications	70444
service purchased by a subscriber that allows the subscriber's	70445
customers to call in to the subscriber's prerecorded announcement	70446
or live service, and which is typically marketed under the name	70447
"900" service and any subsequent numbers designated by the federal	70448
communications commission. "900 service" does not include the	70449
charge for collection services provided by the seller of the	70450
telecommunications service to the subscriber, or services or	70451
products sold by the subscriber to the subscriber's customer.	70452

(4) "Prepaid calling service" means the right to access	70453
exclusively telecommunications services, which must be paid for in	70454
advance and which enables the origination of calls using an access	70455
number or authorization code, whether manually or electronically	70456
dialed, and that is sold in predetermined units ofor dollars of	70457
which the number declines with use in a known amount.	70458

(5) "Prepaid wireless calling service" means a	70459
telecommunications service that provides the right to utilize	70460
mobile telecommunications service as well as other	70461
non-telecommunications services, including the download of digital	70462
products delivered electronically, and content and ancillary	70463
services, that must be paid for in advance and that is sold in	70464
predetermined units ofor dollars of which the number declines	70465
with use in a known amount.	70466

(6) "Value-added non-voice data service" means a	70467
telecommunications service in which computer processing	70468
applications are used to act on the form, content, code, or	70469
protocol of the information or data primarily for a purpose other	70470
than transmission, conveyance, or routing.	70471

(7) "Coin-operated telephone service" means a	70472
telecommunications service paid for by inserting money into a	70473
telephone accepting direct deposits of money to operate.	70474

(8) "Customer" has the same meaning as in section 5739.034 of	70475
the Revised Code.	70476

(BB) "Laundry and dry cleaning services" means removing soil	70477
or dirt from towels, linens, articles of clothing, or other fabric	70478
items that belong to others and supplying towels, linens, articles	70479
of clothing, or other fabric items. "Laundry and dry cleaning	70480
services" does not include the provision of self-service	70481
facilities for use by consumers to remove soil or dirt from	70482
towels, linens, articles of clothing, or other fabric items.	70483

(CC) "Magazines distributed as controlled circulation	70484
publications" means magazines containing at least twenty-four	70485
pages, at least twenty-five per cent editorial content, issued at	70486
regular intervals four or more times a year, and circulated	70487
without charge to the recipient, provided that such magazines are	70488
not owned or controlled by individuals or business concerns which	70489
conduct such publications as an auxiliary to, and essentially for	70490
the advancement of the main business or calling of, those who own	70491
or control them.	70492

(DD) "Landscaping and lawn care service" means the services	70493
of planting, seeding, sodding, removing, cutting, trimming,	70494
pruning, mulching, aerating, applying chemicals, watering,	70495
fertilizing, and providing similar services to establish, promote,	70496
or control the growth of trees, shrubs, flowers, grass, ground	70497
cover, and other flora, or otherwise maintaining a lawn or	70498
landscape grown or maintained by the owner for ornamentation or	70499
other nonagricultural purpose. However, "landscaping and lawn care	70500
service" does not include the providing of such services by a	70501
person who has less than five thousand dollars in sales of such	70502
services during the calendar year.	70503

(EE) "Private investigation and security service" means the	70504
performance of any activity for which the provider of such service	70505
is required to be licensed pursuant to Chapter 4749. of the	70506
Revised Code, or would be required to be so licensed in performing	70507
such services in this state, and also includes the services of	70508
conducting polygraph examinations and of monitoring or overseeing	70509
the activities on or in, or the condition of, the consumer's home,	70510
business, or other facility by means of electronic or similar	70511
monitoring devices. "Private investigation and security service"	70512
does not include special duty services provided by off-duty police	70513
officers, deputy sheriffs, and other peace officers regularly	70514
employed by the state or a political subdivision.	70515

(FF) "Information services" means providing conversation,	70516
giving consultation or advice, playing or making a voice or other	70517
recording, making or keeping a record of the number of callers,	70518
and any other service provided to a consumer by means of a nine	70519
hundred telephone call, except when the nine hundred telephone	70520
call is the means by which the consumer makes a contribution to a	70521
recognized charity.	70522

(GG) "Research and development" means designing, creating, or	70523
formulating new or enhanced products, equipment, or manufacturing	70524
processes, and also means conducting scientific or technological	70525
inquiry and experimentation in the physical sciences with the goal	70526
of increasing scientific knowledge which may reveal the bases for	70527
new or enhanced products, equipment, or manufacturing processes.	70528

(HH) "Qualified research and development equipment" means	70529
capitalized tangible personal property, and leased personal	70530
property that would be capitalized if purchased, used by a person	70531
primarily to perform research and development. Tangible personal	70532
property primarily used in testing, as defined in division (A)(4)	70533
of section 5739.011 of the Revised Code, or used for recording or	70534
storing test results, is not qualified research and development	70535
equipment unless such property is primarily used by the consumer	70536
in testing the product, equipment, or manufacturing process being	70537
created, designed, or formulated by the consumer in the research	70538
and development activity or in recording or storing such test	70539
results.	70540

(II) "Building maintenance and janitorial service" means	70541
cleaning the interior or exterior of a building and any tangible	70542
personal property located therein or thereon, including any	70543
services incidental to such cleaning for which no separate charge	70544
is made. However, "building maintenance and janitorial service"	70545
does not include the providing of such service by a person who has	70546
less than five thousand dollars in sales of such service during	70547
the calendar year.	70548

(JJ) "Employment service" means providing or supplying	70549
personnel, on a temporary or long-term basis, to perform work or	70550
labor under the supervision or control of another, when the	70551
personnel so provided or supplied receive their wages, salary, or	70552
other compensation from the provider or supplier of the employment	70553
service or from a third party that provided or supplied the	70554
personnel to the provider or supplier. "Employment service" does	70555
not include:	70556

(1) Acting as a contractor or subcontractor, where the	70557
personnel performing the work are not under the direct control of	70558
the purchaser.	70559

(2) Medical and health care services.

70560

(3) Supplying personnel to a purchaser pursuant to a contract	70561
of at least one year between the service provider and the	70562
purchaser that specifies that each employee covered under the	70563
contract is assigned to the purchaser on a permanent basis.	70564

(4) Transactions between members of an affiliated group, as	70565
defined in division (B)(3)(e) of this section.	70566

(5) Transactions where the personnel so provided or supplied	70567
by a provider or supplier to a purchaser of an employment service	70568
are then provided or supplied by that purchaser to a third party	70569
as an employment service, except "employment service" does include	70570
the transaction between that purchaser and the third party.	70571

(KK) "Employment placement service" means locating or finding	70572
employment for a person or finding or locating an employee to fill	70573
an available position.	70574

(LL) "Exterminating service" means eradicating or attempting	70575
to eradicate vermin infestations from a building or structure, or	70576
the area surrounding a building or structure, and includes	70577
activities to inspect, detect, or prevent vermin infestation of a	70578
building or structure.	70579

(MM) "Physical fitness facility service" means all	70580
transactions by which a membership is granted, maintained, or	70581
renewed, including initiation fees, membership dues, renewal fees,	70582
monthly minimum fees, and other similar fees and dues, by a	70583
physical fitness facility such as an athletic club, health spa, or	70584
gymnasium, which entitles the member to use the facility for	70585
physical exercise.	70586

(NN) "Recreation and sports club service" means all	70587
transactions by which a membership is granted, maintained, or	70588
renewed, including initiation fees, membership dues, renewal fees,	70589
monthly minimum fees, and other similar fees and dues, by a	70590
recreation and sports club, which entitles the member to use the	70591
facilities of the organization. "Recreation and sports club" means	70592
an organization that has ownership of, or controls or leases on a	70593
continuing, long-term basis, the facilities used by its members	70594
and includes an aviation club, gun or shooting club, yacht club,	70595
card club, swimming club, tennis club, golf club, country club,	70596
riding club, amateur sports club, or similar organization.	70597

(OO) "Livestock" means farm animals commonly raised for food,	70598
food production, or other agricultural purposes, including, but	70599
not limited to, cattle, sheep, goats, swine, poultry, and captive	70600
deer. "Livestock" does not include invertebrates, amphibians,	70601
reptiles, domestic pets, animals for use in laboratories or for	70602
exhibition, or other animals not commonly raised for food or food	70603
production.	70604

(PP) "Livestock structure" means a building or structure used	70605
exclusively for the housing, raising, feeding, or sheltering of	70606
livestock, and includes feed storage or handling structures and	70607
structures for livestock waste handling.	70608

(QQ) "Horticulture" means the growing, cultivation, and	70609
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	70610
and nursery stock. As used in this division, "nursery stock" has	70611
the same meaning as in section 927.51 of the Revised Code.	70612

(RR) "Horticulture structure" means a building or structure	70613
used exclusively for the commercial growing, raising, or	70614
overwintering of horticultural products, and includes the area	70615
used for stocking, storing, and packing horticultural products	70616
when done in conjunction with the production of those products.	70617

(SS) "Newspaper" means an unbound publication bearing a title	70618
or name that is regularly published, at least as frequently as	70619
biweekly, and distributed from a fixed place of business to the	70620
public in a specific geographic area, and that contains a	70621
substantial amount of news matter of international, national, or	70622
local events of interest to the general public.	70623

(TT) "Professional racing team" means a person that employs	70624
at least twenty full-time employees for the purpose of conducting	70625
a motor vehicle racing business for profit. The person must	70626
conduct the business with the purpose of racing one or more motor	70627
racing vehicles in at least ten competitive professional racing	70628
events each year that comprise all or part of a motor racing	70629
series sanctioned by one or more motor racing sanctioning	70630
organizations. A "motor racing vehicle" means a vehicle for which	70631
the chassis, engine, and parts are designed exclusively for motor	70632
racing, and does not include a stock or production model vehicle	70633
that may be modified for use in racing. For the purposes of this	70634
division:	70635

(1) A "competitive professional racing event" is a motor	70636
vehicle racing event sanctioned by one or more motor racing	70637
sanctioning organizations, at which aggregate cash prizes in	70638
excess of eight hundred thousand dollars are awarded to the	70639
competitors.	70640

(2) "Full-time employee" means an individual who is employed	70641
for consideration for thirty-five or more hours a week, or who	70642
renders any other standard of service generally accepted by custom	70643
or specified by contract as full-time employment.	70644

(UU)(1) "Lease" or "rental" means any transfer of the	70645
possession or control of tangible personal property for a fixed or	70646
indefinite term, for consideration. "Lease" or "rental" includes	70647
future options to purchase or extend, and agreements described in	70648
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	70649
the amount of consideration may be increased or decreased by	70650
reference to the amount realized upon the sale or disposition of	70651
the property. "Lease" or "rental" does not include:	70652

(a) A transfer of possession or control of tangible personal	70653
property under a security agreement or a deferred payment plan	70654
that requires the transfer of title upon completion of the	70655
required payments;	70656

(b) A transfer of possession or control of tangible personal	70657
property under an agreement that requires the transfer of title	70658
upon completion of required payments and payment of an option	70659
price that does not exceed the greater of one hundred dollars or	70660
one per cent of the total required payments;	70661

(c) Providing tangible personal property along with an	70662
operator for a fixed or indefinite period of time, if the operator	70663
is necessary for the property to perform as designed. For purposes	70664
of this division, the operator must do more than maintain,	70665
inspect, or set-up the tangible personal property.	70666

(2) "Lease" and "rental," as defined in division (UU) of this	70667
section, shall not apply to leases or rentals that exist before	70668
June 26, 2003.	70669

(3) "Lease" and "rental" have the same meaning as in division	70670
(UU)(1) of this section regardless of whether a transaction is	70671
characterized as a lease or rental under generally accepted	70672
accounting principles, the Internal Revenue Code, Title XIII of	70673
the Revised Code, or other federal, state, or local laws.	70674

(VV) "Mobile telecommunications service" has the same meaning	70675
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	70676
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	70677
on and after August 1, 2003, includes related fees and ancillary	70678
services, including universal service fees, detailed billing	70679
service, directory assistance, service initiation, voice mail	70680
service, and vertical services, such as caller ID and three-way	70681
calling.	70682

(WW) "Certified service provider" has the same meaning as in	70683
section 5740.01 of the Revised Code.	70684

(XX) "Satellite broadcasting service" means the distribution	70685
or broadcasting of programming or services by satellite directly	70686
to the subscriber's receiving equipment without the use of ground	70687
receiving or distribution equipment, except the subscriber's	70688
receiving equipment or equipment used in the uplink process to the	70689
satellite, and includes all service and rental charges, premium	70690
channels or other special services, installation and repair	70691
service charges, and any other charges having any connection with	70692
the provision of the satellite broadcasting service.	70693

(YY) "Tangible personal property" means personal property	70694
that can be seen, weighed, measured, felt, or touched, or that is	70695
in any other manner perceptible to the senses. For purposes of	70696
this chapter and Chapter 5741. of the Revised Code, "tangible	70697
personal property" includes motor vehicles, electricity, water,	70698
gas, steam, and prewritten computer software.	70699

(ZZ) "Direct mail" means printed material delivered or	70700
distributed by United States mail or other delivery service to a	70701
mass audience or to addressees on a mailing list provided by the	70702
consumer or at the direction of the consumer when the cost of the	70703
items are not billed directly to the recipients. "Direct mail"	70704
includes tangible personal property supplied directly or	70705
indirectly by the consumer to the direct mail vendor for inclusion	70706
in the package containing the printed material. "Direct mail" does	70707
not include multiple items of printed material delivered to a	70708
single address.	70709

(AAA) "Computer" means an electronic device that accepts	70710
information in digital or similar form and manipulates it for a	70711
result based on a sequence of instructions.	70712

(BBB) "Computer software" means a set of coded instructions	70713
designed to cause a computer or automatic data processing	70714
equipment to perform a task.	70715

(CCC) "Delivered electronically" means delivery of computer	70716
software from the seller to the purchaser by means other than	70717
tangible storage media.	70718

(DDD) "Prewritten computer software" means computer software,	70719
including prewritten upgrades, that is not designed and developed	70720
by the author or other creator to the specifications of a specific	70721
purchaser. The combining of two or more prewritten computer	70722
software programs or prewritten portions thereof does not cause	70723
the combination to be other than prewritten computer software.	70724
"Prewritten computer software" includes software designed and	70725
developed by the author or other creator to the specifications of	70726
a specific purchaser when it is sold to a person other than the	70727
purchaser. If a person modifies or enhances computer software of	70728
which the person is not the author or creator, the person shall be	70729
deemed to be the author or creator only of such person's	70730
modifications or enhancements. Prewritten computer software or a	70731
prewritten portion thereof that is modified or enhanced to any	70732
degree, where such modification or enhancement is designed and	70733
developed to the specifications of a specific purchaser, remains	70734
prewritten computer software; provided, however, that where there	70735
is a reasonable, separately stated charge or an invoice or other	70736
statement of the price given to the purchaser for the modification	70737
or enhancement, the modification or enhancement shall not	70738
constitute prewritten computer software.	70739

(EEE)(1) "Food" means substances, whether in liquid,	70740
concentrated, solid, frozen, dried, or dehydrated form, that are	70741
sold for ingestion or chewing by humans and are consumed for their	70742
taste or nutritional value. "Food" does not include alcoholic	70743
beverages, dietary supplements, soft drinks, or tobacco.	70744

(2) As used in division (EEE)(1) of this section:

70745

(a) "Alcoholic beverages" means beverages that are suitable	70746
for human consumption and contain one-half of one per cent or more	70747
of alcohol by volume.	70748

(b) "Dietary supplements" means any product, other than	70749
tobacco, that is intended to supplement the diet and that is	70750
intended for ingestion in tablet, capsule, powder, softgel,	70751
gelcap, or liquid form, or, if not intended for ingestion in such	70752
a form, is not represented as conventional food for use as a sole	70753
item of a meal or of the diet; that is required to be labeled as a	70754
dietary supplement, identifiable by the "supplement facts" box	70755
found on the label, as required by 21 C.F.R. 101.36; and that	70756
contains one or more of the following dietary ingredients:	70757

(i) A vitamin;

70758

(ii) A mineral;

70759

(iii) An herb or other botanical;

70760

(iv) An amino acid;

70761

(v) A dietary substance for use by humans to supplement the	70762
diet by increasing the total dietary intake;	70763

(vi) A concentrate, metabolite, constituent, extract, or	70764
combination of any ingredient described in divisions	70765
(EEE)(2)(b)(i) to (v) of this section.	70766

(c) "Soft drinks" means nonalcoholic beverages that contain	70767
natural or artificial sweeteners. "Soft drinks" does not include	70768
beverages that contain milk or milk products, soy, rice, or	70769
similar milk substitutes, or that contains greater than fifty per	70770
cent vegetable or fruit juice by volume.	70771

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	70772
tobacco, or any other item that contains tobacco.	70773

(FFF) "Drug" means a compound, substance, or preparation, and	70774
any component of a compound, substance, or preparation, other than	70775
food, dietary supplements, or alcoholic beverages that is	70776
recognized in the official United States pharmacopoeia, official	70777
homeopathic pharmacopoeia of the United States, or official	70778
national formulary, and supplements to them; is intended for use	70779
in the diagnosis, cure, mitigation, treatment, or prevention of	70780
disease; or is intended to affect the structure or any function of	70781
the body.	70782

(GGG) "Prescription" means an order, formula, or recipe	70783
issued in any form of oral, written, electronic, or other means of	70784
transmission by a duly licensed practitioner authorized by the	70785
laws of this state to issue a prescription.	70786

(HHH) "Durable medical equipment" means equipment, including	70787
repair and replacement parts for such equipment, that can	70788
withstand repeated use, is primarily and customarily used to serve	70789
a medical purpose, generally is not useful to a person in the	70790
absence of illness or injury, and is not worn in or on the body.	70791
"Durable medical equipment" does not include mobility enhancing	70792
equipment.	70793

(III) "Mobility enhancing equipment" means equipment,	70794
including repair and replacement parts for such equipment, that is	70795
primarily and customarily used to provide or increase the ability	70796
to move from one place to another and is appropriate for use	70797
either in a home or a motor vehicle, that is not generally used by	70798
persons with normal mobility, and that does not include any motor	70799
vehicle or equipment on a motor vehicle normally provided by a	70800
motor vehicle manufacturer. "Mobility enhancing equipment" does	70801
not include durable medical equipment.	70802

(JJJ) "Prosthetic device" means a replacement, corrective, or	70803
supportive device, including repair and replacement parts for the	70804
device, worn on or in the human body to artificially replace a	70805
missing portion of the body, prevent or correct physical deformity	70806
or malfunction, or support a weak or deformed portion of the body.	70807
As used in this division, "prosthetic device" does not include	70808
corrective eyeglasses, contact lenses, or dental prosthesis.	70809

(KKK)(1) "Fractional aircraft ownership program" means a	70810
program in which persons within an affiliated group sell and	70811
manage fractional ownership program aircraft, provided that at	70812
least one hundred airworthy aircraft are operated in the program	70813
and the program meets all of the following criteria:	70814

(a) Management services are provided by at least one program	70815
manager within an affiliated group on behalf of the fractional	70816
owners.	70817

(b) Each program aircraft is owned or possessed by at least	70818
one fractional owner.	70819

(c) Each fractional owner owns or possesses at least a	70820
one-sixteenth interest in at least one fixed-wing program	70821
aircraft.	70822

(d) A dry-lease aircraft interchange arrangement is in effect	70823
among all of the fractional owners.	70824

(e) Multi-year program agreements are in effect regarding the	70825
fractional ownership, management services, and dry-lease aircraft	70826
interchange arrangement aspects of the program.	70827

(2) As used in division (KKK)(1) of this section:

70828

(a) "Affiliated group" has the same meaning as in division	70829
(B)(3)(e) of this section.	70830

(b) "Fractional owner" means a person that owns or possesses	70831
at least a one-sixteenth interest in a program aircraft and has	70832
entered into the agreements described in division (KKK)(1)(e) of	70833
this section.	70834

(c) "Fractional ownership program aircraft" or "program	70835
aircraft" means a turbojet aircraft that is owned or possessed by	70836
a fractional owner and that has been included in a dry-lease	70837
aircraft interchange arrangement and agreement under divisions	70838
(KKK)(1)(d) and (e) of this section, or an aircraft a program	70839
manager owns or possesses primarily for use in a fractional	70840
aircraft ownership program.	70841

(d) "Management services" means administrative and aviation	70842
support services furnished under a fractional aircraft ownership	70843
program in accordance with a management services agreement under	70844
division (KKK)(1)(e) of this section, and offered by the program	70845
manager to the fractional owners, including, at a minimum, the	70846
establishment and implementation of safety guidelines; the	70847
coordination of the scheduling of the program aircraft and crews;	70848
program aircraft maintenance; program aircraft insurance; crew	70849
training for crews employed, furnished, or contracted by the	70850
program manager or the fractional owner; the satisfaction of	70851
record-keeping requirements; and the development and use of an	70852
operations manual and a maintenance manual for the fractional	70853
aircraft ownership program.	70854

(e) "Program manager" means the person that offers management	70855
services to fractional owners pursuant to a management services	70856
agreement under division (KKK)(1)(e) of this section.	70857

(LLL) "Electronic publishing" means providing access to one	70858
or more of the following primarily for business customers,	70859
including the federal government or a state government or a	70860
political subdivision thereof, to conduct research: news;	70861
business, financial, legal, consumer, or credit materials;	70862
editorials, columns, reader commentary, or features; photos or	70863
images; archival or research material; legal notices, identity	70864
verification, or public records; scientific, educational,	70865
instructional, technical, professional, trade, or other literary	70866
materials; or other similar information which has been gathered	70867
and made available by the provider to the consumer in an	70868
electronic format. Providing electronic publishing includes the	70869
functions necessary for the acquisition, formatting, editing,	70870
storage, and dissemination of data or information that is the	70871
subject of a sale.	70872

(MMM) "Medicaid health insuring corporation" means a health	70873
insuring corporation that holds a certificate of authority under	70874
Chapter 1751. of the Revised Code and is under contract with the	70875
department of job and family services pursuant to section 5111.17	70876
of the Revised Code.	70877

(NNN) "Managed care premium" means any premium, capitation,	70878
or other payment a medicaid health insuring corporation receives	70879
for providing or arranging for the provision of health care	70880
services to its members or enrollees residing in this state.	70881

(OOO) "Captive deer" means deer and other cervidae that have	70882
been legally acquired, or their offspring, that are privately	70883
owned for agricultural or farming purposes.	70884

(PPP) "Gift card" means a document, card, certificate, or	70885
other record, whether tangible or intangible, that may be redeemed	70886
by a consumer for a dollar value when making a purchase of	70887
tangible personal property or services.	70888

Sec. 5739.02. For the purpose of providing revenue with	70889
which to meet the needs of the state, for the use of the general	70890
revenue fund of the state, for the purpose of securing a thorough	70891
and efficient system of common schools throughout the state, for	70892
the purpose of affording revenues, in addition to those from	70893
general property taxes, permitted under constitutional	70894
limitations, and from other sources, for the support of local	70895
governmental functions, and for the purpose of reimbursing the	70896
state for the expense of administering this chapter, an excise tax	70897
is hereby levied on each retail sale made in this state.	70898

(A)(1) The tax shall be collected as provided in section	70899
5739.025 of the Revised Code. The rate of the tax shall be five	70900
and one-half per cent. The tax applies and is collectible when the	70901
sale is made, regardless of the time when the price is paid or	70902
delivered.	70903

(2) In the case of the lease or rental, with a fixed term of	70904
more than thirty days or an indefinite term with a minimum period	70905
of more than thirty days, of any motor vehicles designed by the	70906
manufacturer to carry a load of not more than one ton, watercraft,	70907
outboard motor, or aircraft, or of any tangible personal property,	70908
other than motor vehicles designed by the manufacturer to carry a	70909
load of more than one ton, to be used by the lessee or renter	70910
primarily for business purposes, the tax shall be collected by the	70911
vendor at the time the lease or rental is consummated and shall be	70912
calculated by the vendor on the basis of the total amount to be	70913
paid by the lessee or renter under the lease agreement. If the	70914
total amount of the consideration for the lease or rental includes	70915
amounts that are not calculated at the time the lease or rental is	70916
executed, the tax shall be calculated and collected by the vendor	70917
at the time such amounts are billed to the lessee or renter. In	70918
the case of an open-end lease or rental, the tax shall be	70919
calculated by the vendor on the basis of the total amount to be	70920
paid during the initial fixed term of the lease or rental, and for	70921
each subsequent renewal period as it comes due. As used in this	70922
division, "motor vehicle" has the same meaning as in section	70923
4501.01 of the Revised Code, and "watercraft" includes an outdrive	70924
unit attached to the watercraft.	70925

A lease with a renewal clause and a termination penalty or	70926
similar provision that applies if the renewal clause is not	70927
exercised is presumed to be a sham transaction. In such a case,	70928
the tax shall be calculated and paid on the basis of the entire	70929
length of the lease period, including any renewal periods, until	70930
the termination penalty or similar provision no longer applies.	70931
The taxpayer shall bear the burden, by a preponderance of the	70932
evidence, that the transaction or series of transactions is not a	70933
sham transaction.	70934

(3) Except as provided in division (A)(2) of this section, in	70935
the case of a sale, the price of which consists in whole or in	70936
part of the lease or rental of tangible personal property, the tax	70937
shall be measured by the installments of that lease or rental.	70938

(4) In the case of a sale of a physical fitness facility	70939
service or recreation and sports club service, the price of which	70940
consists in whole or in part of a membership for the receipt of	70941
the benefit of the service, the tax applicable to the sale shall	70942
be measured by the installments thereof.	70943

(B) The tax does not apply to the following:

70944

(1) Sales to the state or any of its political subdivisions,	70945
or to any other state or its political subdivisions if the laws of	70946
that state exempt from taxation sales made to this state and its	70947
political subdivisions;	70948

(2) Sales of food for human consumption off the premises	70949
where sold;	70950

(3) Sales of food sold to students only in a cafeteria,	70951
dormitory, fraternity, or sorority maintained in a private,	70952
public, or parochial school, college, or university;	70953

(4) Sales of newspapers and of magazine subscriptions and	70954
sales or transfers of magazines distributed as controlled	70955
circulation publications;	70956

(5) The furnishing, preparing, or serving of meals without	70957
charge by an employer to an employee provided the employer records	70958
the meals as part compensation for services performed or work	70959
done;	70960

(6) Sales of motor fuel upon receipt, use, distribution, or	70961
sale of which in this state a tax is imposed by the law of this	70962
state, but this exemption shall not apply to the sale of motor	70963
fuel on which a refund of the tax is allowable under division (A)	70964
of section 5735.14 of the Revised Code; and the tax commissioner	70965
may deduct the amount of tax levied by this section applicable to	70966
the price of motor fuel when granting a refund of motor fuel tax	70967
pursuant to division (A) of section 5735.14 of the Revised Code	70968
and shall cause the amount deducted to be paid into the general	70969
revenue fund of this state;	70970

(7) Sales of natural gas by a natural gas company, of water	70971
by a water-works company, or of steam by a heating company, if in	70972
each case the thing sold is delivered to consumers through pipes	70973
or conduits, and all sales of communications services by a	70974
telegraph company, all terms as defined in section 5727.01 of the	70975
Revised Code, and sales of electricity delivered through wires;	70976

(8) Casual sales by a person, or auctioneer employed directly	70977
by the person to conduct such sales, except as to such sales of	70978
motor vehicles, watercraft or outboard motors required to be	70979
titled under section 1548.06 of the Revised Code, watercraft	70980
documented with the United States coast guard, snowmobiles, and	70981
all-purpose vehicles as defined in section 4519.01 of the Revised	70982
Code;	70983

(9)(a) Sales of services or tangible personal property, other	70984
than motor vehicles, mobile homes, and manufactured homes, by	70985
churches, organizations exempt from taxation under section	70986
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	70987
organizations operated exclusively for charitable purposes as	70988
defined in division (B)(12) of this section, provided that the	70989
number of days on which such tangible personal property or	70990
services, other than items never subject to the tax, are sold does	70991
not exceed six in any calendar year, except as otherwise provided	70992
in division (B)(9)(b) of this section. If the number of days on	70993
which such sales are made exceeds six in any calendar year, the	70994
church or organization shall be considered to be engaged in	70995
business and all subsequent sales by it shall be subject to the	70996
tax. In counting the number of days, all sales by groups within a	70997
church or within an organization shall be considered to be sales	70998
of that church or organization.	70999

(b) The limitation on the number of days on which tax-exempt	71000
sales may be made by a church or organization under division	71001
(B)(9)(a) of this section does not apply to sales made by student	71002
clubs and other groups of students of a primary or secondary	71003
school, or a parent-teacher association, booster group, or similar	71004
organization that raises money to support or fund curricular or	71005
extracurricular activities of a primary or secondary school.	71006

(c) Divisions (B)(9)(a) and (b) of this section do not apply	71007
to sales by a noncommercial educational radio or television	71008
broadcasting station.	71009

(10) Sales not within the taxing power of this state under	71010
the Constitution of the United States;	71011

(11) Except for transactions that are sales under division	71012
(B)(3)(r) of section 5739.01 of the Revised Code, the	71013
transportation of persons or property, unless the transportation	71014
is by a private investigation and security service;	71015

(12) Sales of tangible personal property or services to	71016
churches, to organizations exempt from taxation under section	71017
501(c)(3) of the Internal Revenue Code of 1986, and to any other	71018
nonprofit organizations operated exclusively for charitable	71019
purposes in this state, no part of the net income of which inures	71020
to the benefit of any private shareholder or individual, and no	71021
substantial part of the activities of which consists of carrying	71022
on propaganda or otherwise attempting to influence legislation;	71023
sales to offices administering one or more homes for the aged or	71024
one or more hospital facilities exempt under section 140.08 of the	71025
Revised Code; and sales to organizations described in division (D)	71026
of section 5709.12 of the Revised Code.	71027

"Charitable purposes" means the relief of poverty; the	71028
improvement of health through the alleviation of illness, disease,	71029
or injury; the operation of an organization exclusively for the	71030
provision of professional, laundry, printing, and purchasing	71031
services to hospitals or charitable institutions; the operation of	71032
a home for the aged, as defined in section 5701.13 of the Revised	71033
Code; the operation of a radio or television broadcasting station	71034
that is licensed by the federal communications commission as a	71035
noncommercial educational radio or television station; the	71036
operation of a nonprofit animal adoption service or a county	71037
humane society; the promotion of education by an institution of	71038
learning that maintains a faculty of qualified instructors,	71039
teaches regular continuous courses of study, and confers a	71040
recognized diploma upon completion of a specific curriculum; the	71041
operation of a parent-teacher association, booster group, or	71042
similar organization primarily engaged in the promotion and	71043
support of the curricular or extracurricular activities of a	71044
primary or secondary school; the operation of a community or area	71045
center in which presentations in music, dramatics, the arts, and	71046
related fields are made in order to foster public interest and	71047
education therein; the production of performances in music,	71048
dramatics, and the arts; or the promotion of education by an	71049
organization engaged in carrying on research in, or the	71050
dissemination of, scientific and technological knowledge and	71051
information primarily for the public.	71052

Nothing in this division shall be deemed to exempt sales to	71053
any organization for use in the operation or carrying on of a	71054
trade or business, or sales to a home for the aged for use in the	71055
operation of independent living facilities as defined in division	71056
(A) of section 5709.12 of the Revised Code.	71057

(13) Building and construction materials and services sold to	71058
construction contractors for incorporation into a structure or	71059
improvement to real property under a construction contract with	71060
this state or a political subdivision of this state, or with the	71061
United States government or any of its agencies; building and	71062
construction materials and services sold to construction	71063
contractors for incorporation into a structure or improvement to	71064
real property that are accepted for ownership by this state or any	71065
of its political subdivisions, or by the United States government	71066
or any of its agencies at the time of completion of the structures	71067
or improvements; building and construction materials sold to	71068
construction contractors for incorporation into a horticulture	71069
structure or livestock structure for a person engaged in the	71070
business of horticulture or producing livestock; building	71071
materials and services sold to a construction contractor for	71072
incorporation into a house of public worship or religious	71073
education, or a building used exclusively for charitable purposes	71074
under a construction contract with an organization whose purpose	71075
is as described in division (B)(12) of this section; building	71076
materials and services sold to a construction contractor for	71077
incorporation into a building under a construction contract with	71078
an organization exempt from taxation under section 501(c)(3) of	71079
the Internal Revenue Code of 1986 when the building is to be used	71080
exclusively for the organization's exempt purposes; building and	71081
construction materials sold for incorporation into the original	71082
construction of a sports facility under section 307.696 of the	71083
Revised Code; building and construction materials and services	71084
sold to a construction contractor for incorporation into real	71085
property outside this state if such materials and services, when	71086
sold to a construction contractor in the state in which the real	71087
property is located for incorporation into real property in that	71088
state, would be exempt from a tax on sales levied by that state;	71089
and, until one calendar year after the construction of a	71090
convention center that qualifies for property tax exemption under	71091
section 5709.084 of the Revised Code is completed, building and	71092
construction materials and services sold to a construction	71093
contractor for incorporation into the real property comprising	71094
that convention center;	71095

(14) Sales of ships or vessels or rail rolling stock used or	71096
to be used principally in interstate or foreign commerce, and	71097
repairs, alterations, fuel, and lubricants for such ships or	71098
vessels or rail rolling stock;	71099

(15) Sales to persons primarily engaged in any of the	71100
activities mentioned in division (B)(42)(a), (g), or (h) of this	71101
section, to persons engaged in making retail sales, or to persons	71102
who purchase for sale from a manufacturer tangible personal	71103
property that was produced by the manufacturer in accordance with	71104
specific designs provided by the purchaser, of packages, including	71105
material, labels, and parts for packages, and of machinery,	71106
equipment, and material for use primarily in packaging tangible	71107
personal property produced for sale, including any machinery,	71108
equipment, and supplies used to make labels or packages, to	71109
prepare packages or products for labeling, or to label packages or	71110
products, by or on the order of the person doing the packaging, or	71111
sold at retail. "Packages" includes bags, baskets, cartons,	71112
crates, boxes, cans, bottles, bindings, wrappings, and other	71113
similar devices and containers, but does not include motor	71114
vehicles or bulk tanks, trailers, or similar devices attached to	71115
motor vehicles. "Packaging" means placing in a package. Division	71116
(B)(15) of this section does not apply to persons engaged in	71117
highway transportation for hire.	71118

(16) Sales of food to persons using supplemental nutrition	71119
assistance program benefits to purchase the food. As used in this	71120
division, "food" has the same meaning as in 7 U.S.C. 2012 and	71121
federal regulations adopted pursuant to the Food and Nutrition Act	71122
of 2008.	71123

(17) Sales to persons engaged in farming, agriculture,	71124
horticulture, or floriculture, of tangible personal property for	71125
use or consumption primarily in the production by farming,	71126
agriculture, horticulture, or floriculture of other tangible	71127
personal property for use or consumption primarily in the	71128
production of tangible personal property for sale by farming,	71129
agriculture, horticulture, or floriculture; or material and parts	71130
for incorporation into any such tangible personal property for use	71131
or consumption in production; and of tangible personal property	71132
for such use or consumption in the conditioning or holding of	71133
products produced by and for such use, consumption, or sale by	71134
persons engaged in farming, agriculture, horticulture, or	71135
floriculture, except where such property is incorporated into real	71136
property;	71137

(18) Sales of drugs for a human being that may be dispensed	71138
only pursuant to a prescription; insulin as recognized in the	71139
official United States pharmacopoeia; urine and blood testing	71140
materials when used by diabetics or persons with hypoglycemia to	71141
test for glucose or acetone; hypodermic syringes and needles when	71142
used by diabetics for insulin injections; epoetin alfa when	71143
purchased for use in the treatment of persons with medical	71144
disease; hospital beds when purchased by hospitals, nursing homes,	71145
or other medical facilities; and medical oxygen and medical	71146
oxygen-dispensing equipment when purchased by hospitals, nursing	71147
homes, or other medical facilities;	71148

(19) Sales of prosthetic devices, durable medical equipment	71149
for home use, or mobility enhancing equipment, when made pursuant	71150
to a prescription and when such devices or equipment are for use	71151
by a human being.	71152

(20) Sales of emergency and fire protection vehicles and	71153
equipment to nonprofit organizations for use solely in providing	71154
fire protection and emergency services, including trauma care and	71155
emergency medical services, for political subdivisions of the	71156
state;	71157

(21) Sales of tangible personal property manufactured in this	71158
state, if sold by the manufacturer in this state to a retailer for	71159
use in the retail business of the retailer outside of this state	71160
and if possession is taken from the manufacturer by the purchaser	71161
within this state for the sole purpose of immediately removing the	71162
same from this state in a vehicle owned by the purchaser;	71163

(22) Sales of services provided by the state or any of its	71164
political subdivisions, agencies, instrumentalities, institutions,	71165
or authorities, or by governmental entities of the state or any of	71166
its political subdivisions, agencies, instrumentalities,	71167
institutions, or authorities;	71168

(23) Sales of motor vehicles to nonresidents of this state	71169
under the circumstances described in division (B) of section	71170
5739.029 of the Revised Code;	71171

(24) Sales to persons engaged in the preparation of eggs for	71172
sale of tangible personal property used or consumed directly in	71173
such preparation, including such tangible personal property used	71174
for cleaning, sanitizing, preserving, grading, sorting, and	71175
classifying by size; packages, including material and parts for	71176
packages, and machinery, equipment, and material for use in	71177
packaging eggs for sale; and handling and transportation equipment	71178
and parts therefor, except motor vehicles licensed to operate on	71179
public highways, used in intraplant or interplant transfers or	71180
shipment of eggs in the process of preparation for sale, when the	71181
plant or plants within or between which such transfers or	71182
shipments occur are operated by the same person. "Packages"	71183
includes containers, cases, baskets, flats, fillers, filler flats,	71184
cartons, closure materials, labels, and labeling materials, and	71185
"packaging" means placing therein.	71186

(25)(a) Sales of water to a consumer for residential use,	71187
~~except the sale of bottled water, distilled water, mineral water,~~	71188
~~carbonated water, or ice~~;	71189

(b) Sales of water by a nonprofit corporation engaged	71190
exclusively in the treatment, distribution, and sale of water to	71191
consumers, if such water is delivered to consumers through pipes	71192
or tubing.	71193

(26) Fees charged for inspection or reinspection of motor	71194
vehicles under section 3704.14 of the Revised Code;	71195

(27) Sales to persons licensed to conduct a food service	71196
operation pursuant to section 3717.43 of the Revised Code, of	71197
tangible personal property primarily used directly for the	71198
following:	71199

(a) To prepare food for human consumption for sale;

71200

(b) To preserve food that has been or will be prepared for	71201
human consumption for sale by the food service operator, not	71202
including tangible personal property used to display food for	71203
selection by the consumer;	71204

(c) To clean tangible personal property used to prepare or	71205
serve food for human consumption for sale.	71206

(28) Sales of animals by nonprofit animal adoption services	71207
or county humane societies;	71208

(29) Sales of services to a corporation described in division	71209
(A) of section 5709.72 of the Revised Code, and sales of tangible	71210
personal property that qualifies for exemption from taxation under	71211
section 5709.72 of the Revised Code;	71212

(30) Sales and installation of agricultural land tile, as	71213
defined in division (B)(5)(a) of section 5739.01 of the Revised	71214
Code;	71215

(31) Sales and erection or installation of portable grain	71216
bins, as defined in division (B)(5)(b) of section 5739.01 of the	71217
Revised Code;	71218

(32) The sale, lease, repair, and maintenance of, parts for,	71219
or items attached to or incorporated in, motor vehicles that are	71220
primarily used for transporting tangible personal property	71221
belonging to others by a person engaged in highway transportation	71222
for hire, except for packages and packaging used for the	71223
transportation of tangible personal property;	71224

(33) Sales to the state headquarters of any veterans'	71225
organization in this state that is either incorporated and issued	71226
a charter by the congress of the United States or is recognized by	71227
the United States veterans administration, for use by the	71228
headquarters;	71229

(34) Sales to a telecommunications service vendor, mobile	71230
telecommunications service vendor, or satellite broadcasting	71231
service vendor of tangible personal property and services used	71232
directly and primarily in transmitting, receiving, switching, or	71233
recording any interactive, one- or two-way electromagnetic	71234
communications, including voice, image, data, and information,	71235
through the use of any medium, including, but not limited to,	71236
poles, wires, cables, switching equipment, computers, and record	71237
storage devices and media, and component parts for the tangible	71238
personal property. The exemption provided in this division shall	71239
be in lieu of all other exemptions under division (B)(42)(a) or	71240
(n) of this section to which the vendor may otherwise be entitled,	71241
based upon the use of the thing purchased in providing the	71242
telecommunications, mobile telecommunications, or satellite	71243
broadcasting service.	71244

(35)(a) Sales where the purpose of the consumer is to use or	71245
consume the things transferred in making retail sales and	71246
consisting of newspaper inserts, catalogues, coupons, flyers, gift	71247
certificates, or other advertising material that prices and	71248
describes tangible personal property offered for retail sale.	71249

(b) Sales to direct marketing vendors of preliminary	71250
materials such as photographs, artwork, and typesetting that will	71251
be used in printing advertising material; of printed matter that	71252
offers free merchandise or chances to win sweepstake prizes and	71253
that is mailed to potential customers with advertising material	71254
described in division (B)(35)(a) of this section; and of equipment	71255
such as telephones, computers, facsimile machines, and similar	71256
tangible personal property primarily used to accept orders for	71257
direct marketing retail sales.	71258

(c) Sales of automatic food vending machines that preserve	71259
food with a shelf life of forty-five days or less by refrigeration	71260
and dispense it to the consumer.	71261

For purposes of division (B)(35) of this section, "direct	71262
marketing" means the method of selling where consumers order	71263
tangible personal property by United States mail, delivery	71264
service, or telecommunication and the vendor delivers or ships the	71265
tangible personal property sold to the consumer from a warehouse,	71266
catalogue distribution center, or similar fulfillment facility by	71267
means of the United States mail, delivery service, or common	71268
carrier.	71269

(36) Sales to a person engaged in the business of	71270
horticulture or producing livestock of materials to be	71271
incorporated into a horticulture structure or livestock structure;	71272

(37) Sales of personal computers, computer monitors, computer	71273
keyboards, modems, and other peripheral computer equipment to an	71274
individual who is licensed or certified to teach in an elementary	71275
or a secondary school in this state for use by that individual in	71276
preparation for teaching elementary or secondary school students;	71277

(38) Sales to a professional racing team of any of the	71278
following:	71279

(a) Motor racing vehicles;

71280

(b) Repair services for motor racing vehicles;

71281

(c) Items of property that are attached to or incorporated in	71282
motor racing vehicles, including engines, chassis, and all other	71283
components of the vehicles, and all spare, replacement, and	71284
rebuilt parts or components of the vehicles; except not including	71285
tires, consumable fluids, paint, and accessories consisting of	71286
instrumentation sensors and related items added to the vehicle to	71287
collect and transmit data by means of telemetry and other forms of	71288
communication.	71289

(39) Sales of used manufactured homes and used mobile homes,	71290
as defined in section 5739.0210 of the Revised Code, made on or	71291
after January 1, 2000;	71292

(40) Sales of tangible personal property and services to a	71293
provider of electricity used or consumed directly and primarily in	71294
generating, transmitting, or distributing electricity for use by	71295
others, including property that is or is to be incorporated into	71296
and will become a part of the consumer's production, transmission,	71297
or distribution system and that retains its classification as	71298
tangible personal property after incorporation; fuel or power used	71299
in the production, transmission, or distribution of electricity;	71300
energy conversion equipment as defined in section 5727.01 of the	71301
Revised Code; and tangible personal property and services used in	71302
the repair and maintenance of the production, transmission, or	71303
distribution system, including only those motor vehicles as are	71304
specially designed and equipped for such use. The exemption	71305
provided in this division shall be in lieu of all other exemptions	71306
in division (B)(42)(a) or (n) of this section to which a provider	71307
of electricity may otherwise be entitled based on the use of the	71308
tangible personal property or service purchased in generating,	71309
transmitting, or distributing electricity.	71310

(41) Sales to a person providing services under division	71311
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	71312
personal property and services used directly and primarily in	71313
providing taxable services under that section.	71314

(42) Sales where the purpose of the purchaser is to do any of	71315
the following:	71316

(a) To incorporate the thing transferred as a material or a	71317
part into tangible personal property to be produced for sale by	71318
manufacturing, assembling, processing, or refining; or to use or	71319
consume the thing transferred directly in producing tangible	71320
personal property for sale by mining, including, without	71321
limitation, the extraction from the earth of all substances that	71322
are classed geologically as minerals, production of crude oil and	71323
natural gas, or directly in the rendition of a public utility	71324
service, except that the sales tax levied by this section shall be	71325
collected upon all meals, drinks, and food for human consumption	71326
sold when transporting persons. Persons engaged in rendering	71327
services in the exploration for, and production of, crude oil and	71328
natural gas for others are deemed engaged directly in the	71329
exploration for, and production of, crude oil and natural gas.	71330
This paragraph does not exempt from "retail sale" or "sales at	71331
retail" the sale of tangible personal property that is to be	71332
incorporated into a structure or improvement to real property.	71333

(b) To hold the thing transferred as security for the	71334
performance of an obligation of the vendor;	71335

(c) To resell, hold, use, or consume the thing transferred as	71336
evidence of a contract of insurance;	71337

(d) To use or consume the thing directly in commercial	71338
fishing;	71339

(e) To incorporate the thing transferred as a material or a	71340
part into, or to use or consume the thing transferred directly in	71341
the production of, magazines distributed as controlled circulation	71342
publications;	71343

(f) To use or consume the thing transferred in the production	71344
and preparation in suitable condition for market and sale of	71345
printed, imprinted, overprinted, lithographic, multilithic,	71346
blueprinted, photostatic, or other productions or reproductions of	71347
written or graphic matter;	71348

(g) To use the thing transferred, as described in section	71349
5739.011 of the Revised Code, primarily in a manufacturing	71350
operation to produce tangible personal property for sale;	71351

(h) To use the benefit of a warranty, maintenance or service	71352
contract, or similar agreement, as described in division (B)(7) of	71353
section 5739.01 of the Revised Code, to repair or maintain	71354
tangible personal property, if all of the property that is the	71355
subject of the warranty, contract, or agreement would not be	71356
subject to the tax imposed by this section;	71357

(i) To use the thing transferred as qualified research and	71358
development equipment;	71359

(j) To use or consume the thing transferred primarily in	71360
storing, transporting, mailing, or otherwise handling purchased	71361
sales inventory in a warehouse, distribution center, or similar	71362
facility when the inventory is primarily distributed outside this	71363
state to retail stores of the person who owns or controls the	71364
warehouse, distribution center, or similar facility, to retail	71365
stores of an affiliated group of which that person is a member, or	71366
by means of direct marketing. This division does not apply to	71367
motor vehicles registered for operation on the public highways. As	71368
used in this division, "affiliated group" has the same meaning as	71369
in division (B)(3)(e) of section 5739.01 of the Revised Code and	71370
"direct marketing" has the same meaning as in division (B)(35) of	71371
this section.	71372

(k) To use or consume the thing transferred to fulfill a	71373
contractual obligation incurred by a warrantor pursuant to a	71374
warranty provided as a part of the price of the tangible personal	71375
property sold or by a vendor of a warranty, maintenance or service	71376
contract, or similar agreement the provision of which is defined	71377
as a sale under division (B)(7) of section 5739.01 of the Revised	71378
Code;	71379

(l) To use or consume the thing transferred in the production	71380
of a newspaper for distribution to the public;	71381

(m) To use tangible personal property to perform a service	71382
listed in division (B)(3) of section 5739.01 of the Revised Code,	71383
if the property is or is to be permanently transferred to the	71384
consumer of the service as an integral part of the performance of	71385
the service;	71386

(n) To use or consume the thing transferred primarily in	71387
producing tangible personal property for sale by farming,	71388
agriculture, horticulture, or floriculture. Persons engaged in	71389
rendering farming, agriculture, horticulture, or floriculture	71390
services for others are deemed engaged primarily in farming,	71391
agriculture, horticulture, or floriculture. This paragraph does	71392
not exempt from "retail sale" or "sales at retail" the sale of	71393
tangible personal property that is to be incorporated into a	71394
structure or improvement to real property.	71395

(o) To use or consume the thing transferred in acquiring,	71396
formatting, editing, storing, and disseminating data or	71397
information by electronic publishing.	71398

As used in division (B)(42) of this section, "thing" includes	71399
all transactions included in divisions (B)(3)(a), (b), and (e) of	71400
section 5739.01 of the Revised Code.	71401

(43) Sales conducted through a coin operated device that	71402
activates vacuum equipment or equipment that dispenses water,	71403
whether or not in combination with soap or other cleaning agents	71404
or wax, to the consumer for the consumer's use on the premises in	71405
washing, cleaning, or waxing a motor vehicle, provided no other	71406
personal property or personal service is provided as part of the	71407
transaction.	71408

(44) Sales of replacement and modification parts for engines,	71409
airframes, instruments, and interiors in, and paint for, aircraft	71410
used primarily in a fractional aircraft ownership program, and	71411
sales of services for the repair, modification, and maintenance of	71412
such aircraft, and machinery, equipment, and supplies primarily	71413
used to provide those services.	71414

(45) Sales of telecommunications service that is used	71415
directly and primarily to perform the functions of a call center.	71416
As used in this division, "call center" means any physical	71417
location where telephone calls are placed or received in high	71418
volume for the purpose of making sales, marketing, customer	71419
service, technical support, or other specialized business	71420
activity, and that employs at least fifty individuals that engage	71421
in call center activities on a full-time basis, or sufficient	71422
individuals to fill fifty full-time equivalent positions.	71423

(46) Sales by a telecommunications service vendor of 900	71424
service to a subscriber. This division does not apply to	71425
information services, as defined in division (FF) of section	71426
5739.01 of the Revised Code.	71427

(47) Sales of value-added non-voice data service. This	71428
division does not apply to any similar service that is not	71429
otherwise a telecommunications service.	71430

(48)(a) Sales of machinery, equipment, and software to a	71431
qualified direct selling entity for use in a warehouse or	71432
distribution center primarily for storing, transporting, or	71433
otherwise handling inventory that is held for sale to independent	71434
salespersons who operate as direct sellers and that is held	71435
primarily for distribution outside this state;	71436

(b) As used in division (B)(48)(a) of this section:

71437

(i) "Direct seller" means a person selling consumer products	71438
to individuals for personal or household use and not from a fixed	71439
retail location, including selling such product at in-home product	71440
demonstrations, parties, and other one-on-one selling.	71441

(ii) "Qualified direct selling entity" means an entity	71442
selling to direct sellers at the time the entity enters into a tax	71443
credit agreement with the tax credit authority pursuant to section	71444
122.17 of the Revised Code, provided that the agreement was	71445
entered into on or after January 1, 2007. Neither contingencies	71446
relevant to the granting of, nor later developments with respect	71447
to, the tax credit shall impair the status of the qualified direct	71448
selling entity under division (B)(48) of this section after	71449
execution of the tax credit agreement by the tax credit authority.	71450

(c) Division (B)(48) of this section is limited to machinery,	71451
equipment, and software first stored, used, or consumed in this	71452
state within the period commencing June 24, 2008, and ending on	71453
the date that is five years after that date.	71454

(49) Sales of materials, parts, equipment, or engines used in	71455
the repair or maintenance of aircraft or avionics systems of such	71456
aircraft, and sales of repair, remodeling, replacement, or	71457
maintenance services in this state performed on aircraft or on an	71458
aircraft's avionics, engine, or component materials or parts. As	71459
used in division (B)(49) of this section, "aircraft" means	71460
aircraft of more than six thousand pounds maximum certified	71461
takeoff weight or used exclusively in general aviation.	71462

(50) Sales of full flight simulators that are used for pilot	71463
or flight-crew training, sales of repair or replacement parts or	71464
components, and sales of repair or maintenance services for such	71465
full flight simulators. "Full flight simulator" means a replica of	71466
a specific type, or make, model, and series of aircraft cockpit.	71467
It includes the assemblage of equipment and computer programs	71468
necessary to represent aircraft operations in ground and flight	71469
conditions, a visual system providing an out-of-the-cockpit view,	71470
and a system that provides cues at least equivalent to those of a	71471
three-degree-of-freedom motion system, and has the full range of	71472
capabilities of the systems installed in the device as described	71473
in appendices A and B of part 60 of chapter 1 of title 14 of the	71474
Code of Federal Regulations.	71475

(51) Any transfer or lease of tangible personal property	71476
between the state and a successful proposer in accordance with	71477
sections 126.60 to 126.605 of the Revised Code, provided the	71478
property is part of a project as defined in section 126.60 of the	71479
Revised Code and the state retains ownership of the project or	71480
part thereof that is being transferred or leased, between the	71481
state and JobsOhio in accordance with section 4313.02 of the	71482
Revised Code.	71483

(C) For the purpose of the proper administration of this	71484
chapter, and to prevent the evasion of the tax, it is presumed	71485
that all sales made in this state are subject to the tax until the	71486
contrary is established.	71487

(D) The levy of this tax on retail sales of recreation and	71488
sports club service shall not prevent a municipal corporation from	71489
levying any tax on recreation and sports club dues or on any	71490
income generated by recreation and sports club dues.	71491

(E) The tax collected by the vendor from the consumer under	71492
this chapter is not part of the price, but is a tax collection for	71493
the benefit of the state, and of counties levying an additional	71494
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	71495
Code and of transit authorities levying an additional sales tax	71496
pursuant to section 5739.023 of the Revised Code. Except for the	71497
discount authorized under section 5739.12 of the Revised Code and	71498
the effects of any rounding pursuant to section 5703.055 of the	71499
Revised Code, no person other than the state or such a county or	71500
transit authority shall derive any benefit from the collection or	71501
payment of the tax levied by this section or section 5739.021,	71502
5739.023, or 5739.026 of the Revised Code.	71503

Sec. 5739.021. (A) For the purpose of providing additional	71504
general revenues for the county or supporting criminal and	71505
administrative justice services in the county, or both, and to pay	71506
the expenses of administering such levy, any county may levy a tax	71507
at the rate of not more than one per cent at any multiple of	71508
one-fourth of one per cent upon every retail sale made in the	71509
county, except sales of watercraft and outboard motors required to	71510
be titled pursuant to Chapter 1548. of the Revised Code and sales	71511
of motor vehicles, and may increase the rate of an existing tax to	71512
not more than one per cent at any multiple of one-fourth of one	71513
per cent.	71514

The tax shall be levied and the rate increased pursuant to a	71515
resolution of the board of county commissioners. The resolution	71516
shall state the purpose for which the tax is to be levied and the	71517
number of years for which the tax is to be levied, or that it is	71518
for a continuing period of time. If the tax is to be levied for	71519
the purpose of providing additional general revenues and for the	71520
purpose of supporting criminal and administrative justice	71521
services, the resolution shall state the rate or amount of the tax	71522
to be apportioned to each such purpose. The rate or amount may be	71523
different for each year the tax is to be levied, but the rates or	71524
amounts actually apportioned each year shall not be different from	71525
that stated in the resolution for that year. If the resolution is	71526
adopted as an emergency measure necessary for the immediate	71527
preservation of the public peace, health, or safety, it must	71528
receive an affirmative vote of all of the members of the board of	71529
county commissioners and shall state the reasons for such	71530
necessity. The board shall deliver a certified copy of the	71531
resolution to the tax commissioner, not later than the sixty-fifth	71532
day prior to the date on which the tax is to become effective,	71533
which shall be the first day of the calendar quarter.	71534

Prior to the adoption of any resolution under this section,	71535
the board of county commissioners shall conduct two public	71536
hearings on the resolution, the second hearing to be not less than	71537
three nor more than ten days after the first. Notice of the date,	71538
time, and place of the hearings shall be given by publication in a	71539
newspaper of general circulation in the county, or as provided in	71540
section 7.16 of the Revised Code, once a week on the same day of	71541
the week for two consecutive weeks, the second publication being	71542
not less than ten nor more than thirty days prior to the first	71543
hearing.	71544

Except as provided in division (B)(3) of this section, the	71545
resolution shall be subject to a referendum as provided in	71546
sections 305.31 to 305.41 of the Revised Code.	71547

If a petition for a referendum is filed, the county auditor	71548
with whom the petition was filed shall, within five days, notify	71549
the board of county commissioners and the tax commissioner of the	71550
filing of the petition by certified mail. If the board of	71551
elections with which the petition was filed declares the petition	71552
invalid, the board of elections, within five days, shall notify	71553
the board of county commissioners and the tax commissioner of that	71554
declaration by certified mail. If the petition is declared to be	71555
invalid, the effective date of the tax or increased rate of tax	71556
levied by this section shall be the first day of a calendar	71557
quarter following the expiration of sixty-five days from the date	71558
the commissioner receives notice from the board of elections that	71559
the petition is invalid.	71560

(B)(1) A resolution that is not adopted as an emergency	71561
measure may direct the board of elections to submit the question	71562
of levying the tax or increasing the rate of tax to the electors	71563
of the county at a special election held on the date specified by	71564
the board of county commissioners in the resolution, provided that	71565
the election occurs not less than ninety days after a certified	71566
copy of such resolution is transmitted to the board of elections	71567
and the election is not held in February or August of any year.	71568
Upon transmission of the resolution to the board of elections, the	71569
board of county commissioners shall notify the tax commissioner in	71570
writing of the levy question to be submitted to the electors. No	71571
resolution adopted under this division shall go into effect unless	71572
approved by a majority of those voting upon it, and, except as	71573
provided in division (B)(3) of this section, shall become	71574
effective on the first day of a calendar quarter following the	71575
expiration of sixty-five days from the date the tax commissioner	71576
receives notice from the board of elections of the affirmative	71577
vote.	71578

(2) A resolution that is adopted as an emergency measure	71579
shall go into effect as provided in division (A) of this section,	71580
but may direct the board of elections to submit the question of	71581
repealing the tax or increase in the rate of the tax to the	71582
electors of the county at the next general election in the county	71583
occurring not less than ninety days after a certified copy of the	71584
resolution is transmitted to the board of elections. Upon	71585
transmission of the resolution to the board of elections, the	71586
board of county commissioners shall notify the tax commissioner in	71587
writing of the levy question to be submitted to the electors. The	71588
ballot question shall be the same as that prescribed in section	71589
5739.022 of the Revised Code. The board of elections shall notify	71590
the board of county commissioners and the tax commissioner of the	71591
result of the election immediately after the result has been	71592
declared. If a majority of the qualified electors voting on the	71593
question of repealing the tax or increase in the rate of the tax	71594
vote for repeal of the tax or repeal of the increase, the board of	71595
county commissioners, on the first day of a calendar quarter	71596
following the expiration of sixty-five days after the date the	71597
board and tax commissioner receive notice of the result of the	71598
election, shall, in the case of a repeal of the tax, cease to levy	71599
the tax, or, in the case of a repeal of an increase in the rate of	71600
the tax, cease to levy the increased rate and levy the tax at the	71601
rate at which it was imposed immediately prior to the increase in	71602
rate.	71603

(3) If a vendor ~~that is registered with the central~~	71604
~~electronic registration system provided for in section 5740.05 of~~	71605
~~the Revised Code~~ makes a sale in this state by printed catalog and	71606
the consumer computed the tax on the sale based on local rates	71607
published in the catalog, any tax levied or repealed or rate	71608
changed under this section shall not apply to such a sale until	71609
the first day of a calendar quarter following the expiration of	71610
one hundred twenty days from the date of notice by the tax	71611
commissioner pursuant to division (H) of this section.	71612

(C) If a resolution is rejected at a referendum or if a	71613
resolution adopted after January 1, 1982, as an emergency measure	71614
is repealed by the electors pursuant to division (B)(2) of this	71615
section or section 5739.022 of the Revised Code, then for one year	71616
after the date of the election at which the resolution was	71617
rejected or repealed the board of county commissioners may not	71618
adopt any resolution authorized by this section as an emergency	71619
measure.	71620

(D) The board of county commissioners, at any time while a	71621
tax levied under this section is in effect, may by resolution	71622
reduce the rate at which the tax is levied to a lower rate	71623
authorized by this section. Any reduction in the rate at which the	71624
tax is levied shall be made effective on the first day of a	71625
calendar quarter next following the sixty-fifth day after a	71626
certified copy of the resolution is delivered to the tax	71627
commissioner.	71628

(E) The tax on every retail sale subject to a tax levied	71629
pursuant to this section shall be in addition to the tax levied by	71630
section 5739.02 of the Revised Code and any tax levied pursuant to	71631
section 5739.023 or 5739.026 of the Revised Code.	71632

A county that levies a tax pursuant to this section shall	71633
levy a tax at the same rate pursuant to section 5741.021 of the	71634
Revised Code.	71635

The additional tax levied by the county shall be collected	71636
pursuant to section 5739.025 of the Revised Code. If the	71637
additional tax or some portion thereof is levied for the purpose	71638
of criminal and administrative justice services, the revenue from	71639
the tax, or the amount or rate apportioned to that purpose, shall	71640
be credited to a special fund created in the county treasury for	71641
receipt of that revenue.	71642

Any tax levied pursuant to this section is subject to the	71643
exemptions provided in section 5739.02 of the Revised Code and in	71644
addition shall not be applicable to sales not within the taxing	71645
power of a county under the Constitution of the United States or	71646
the Ohio Constitution.	71647

(F) For purposes of this section, a copy of a resolution is	71648
"certified" when it contains a written statement attesting that	71649
the copy is a true and exact reproduction of the original	71650
resolution.	71651

(G) If a board of commissioners intends to adopt a resolution	71652
to levy a tax in whole or in part for the purpose of criminal and	71653
administrative justice services, the board shall prepare and make	71654
available at the first public hearing at which the resolution is	71655
considered a statement containing the following information:	71656

(1) For each of the two preceding fiscal years, the amount of	71657
expenditures made by the county from the county general fund for	71658
the purpose of criminal and administrative justice services;	71659

(2) For the fiscal year in which the resolution is adopted,	71660
the board's estimate of the amount of expenditures to be made by	71661
the county from the county general fund for the purpose of	71662
criminal and administrative justice services;	71663

(3) For each of the two fiscal years after the fiscal year in	71664
which the resolution is adopted, the board's preliminary plan for	71665
expenditures to be made from the county general fund for the	71666
purpose of criminal and administrative justice services, both	71667
under the assumption that the tax will be imposed for that purpose	71668
and under the assumption that the tax would not be imposed for	71669
that purpose, and for expenditures to be made from the special	71670
fund created under division (E) of this section under the	71671
assumption that the tax will be imposed for that purpose.	71672

The board shall prepare the statement and the preliminary	71673
plan using the best information available to the board at the time	71674
the statement is prepared. Neither the statement nor the	71675
preliminary plan shall be used as a basis to challenge the	71676
validity of the tax in any court of competent jurisdiction, nor	71677
shall the statement or preliminary plan limit the authority of the	71678
board to appropriate, pursuant to section 5705.38 of the Revised	71679
Code, an amount different from that specified in the preliminary	71680
plan.	71681

(H) Upon receipt from a board of county commissioners of a	71682
certified copy of a resolution required by division (A) or (D) of	71683
this section, or from the board of elections of a notice of the	71684
results of an election required by division (A) or (B)(1) or (2)	71685
of this section, the tax commissioner shall provide notice of a	71686
tax rate change in a manner that is reasonably accessible to all	71687
affected vendors. The commissioner shall provide this notice at	71688
least sixty days prior to the effective date of the rate change.	71689
The commissioner, by rule, may establish the method by which	71690
notice will be provided.	71691

(I) As used in this section, "criminal and administrative	71692
justice services" means the exercise by the county sheriff of all	71693
powers and duties vested in that office by law; the exercise by	71694
the county prosecuting attorney of all powers and duties vested in	71695
that office by law; the exercise by any court in the county of all	71696
powers and duties vested in that court; the exercise by the clerk	71697
of the court of common pleas, any clerk of a municipal court	71698
having jurisdiction throughout the county, or the clerk of any	71699
county court of all powers and duties vested in the clerk by law	71700
except, in the case of the clerk of the court of common pleas, the	71701
titling of motor vehicles or watercraft pursuant to Chapter 1548.	71702
or 4505. of the Revised Code; the exercise by the county coroner	71703
of all powers and duties vested in that office by law; making	71704
payments to any other public agency or a private, nonprofit	71705
agency, the purposes of which in the county include the diversion,	71706
adjudication, detention, or rehabilitation of criminals or	71707
juvenile offenders; the operation and maintenance of any detention	71708
facility, as defined in section 2921.01 of the Revised Code; and	71709
the construction, acquisition, equipping, or repair of such a	71710
detention facility, including the payment of any debt charges	71711
incurred in the issuance of securities pursuant to Chapter 133. of	71712
the Revised Code for the purpose of constructing, acquiring,	71713
equipping, or repairing such a facility.	71714

Sec. 5739.023. (A)(1) For the purpose of providing	71715
additional general revenues for a transit authority and paying the	71716
expenses of administering such levy, any transit authority as	71717
defined in division (U) of section 5739.01 of the Revised Code may	71718
levy a tax upon every retail sale made in the territory of the	71719
transit authority, except sales of watercraft and outboard motors	71720
required to be titled pursuant to Chapter 1548. of the Revised	71721
Code and sales of motor vehicles, at a rate of not more than one	71722
and one-half per cent at any multiple of one-fourth of one per	71723
cent and may increase the existing rate of tax to not more than	71724
one and one-half per cent at any multiple of one-fourth of one per	71725
cent. The tax shall be levied and the rate increased pursuant to a	71726
resolution of the legislative authority of the transit authority	71727
and a certified copy of the resolution shall be delivered by the	71728
fiscal officer to the board of elections as provided in section	71729
3505.071 of the Revised Code and to the tax commissioner. The	71730
resolution shall specify the number of years for which the tax is	71731
to be in effect or that the tax is for a continuing period of	71732
time, and the date of the election on the question of the tax	71733
pursuant to section 306.70 of the Revised Code. The board of	71734
elections shall certify the results of the election to the transit	71735
authority and tax commissioner.	71736

(2) Except as provided in division (C) of this section, the	71737
tax levied by the resolution shall become effective on the first	71738
day of a calendar quarter next following the sixty-fifth day	71739
following the date the tax commissioner receives from the board of	71740
elections the certification of the results of the election on the	71741
question of the tax.	71742

(B) The legislative authority may, at any time while the tax	71743
is in effect, by resolution fix the rate of the tax at any rate	71744
authorized by this section and not in excess of that approved by	71745
the voters pursuant to section 306.70 of the Revised Code. Except	71746
as provided in division (C) of this section, any change in the	71747
rate of the tax shall be made effective on the first day of a	71748
calendar quarter next following the sixty-fifth day following the	71749
date the tax commissioner receives the certification of the	71750
resolution; provided, that in any case where bonds, or notes in	71751
anticipation of bonds, of a regional transit authority have been	71752
issued under section 306.40 of the Revised Code without a vote of	71753
the electors while the tax proposed to be reduced was in effect,	71754
the board of trustees of the regional transit authority shall	71755
continue to levy and collect under authority of the original	71756
election authorizing the tax a rate of tax that the board of	71757
trustees reasonably estimates will produce an amount in that year	71758
equal to the amount of principal of and interest on those bonds as	71759
is payable in that year.	71760

(C) Upon receipt from the board of elections of the	71761
certification of the results of the election required by division	71762
(A) of this section, or from the legislative authority of the	71763
certification of a resolution under division (B) of this section,	71764
the tax commissioner shall provide notice of a tax rate change in	71765
a manner that is reasonably accessible to all affected vendors.	71766
The commissioner shall provide this notice at least sixty days	71767
prior to the effective date of the rate change. The commissioner,	71768
by rule, may establish the method by which notice will be	71769
provided.	71770

(D) If a vendor ~~that is registered with the central~~	71771
~~electronic registration system provided for in section 5740.05 of~~	71772
~~the Revised Code~~ makes a sale in this state by printed catalog and	71773
the consumer computed the tax on the sale based on local rates	71774
published in the catalog, any tax levied or rate changed under	71775
this section shall not apply to such a sale until the first day of	71776
a calendar quarter following the expiration of one hundred twenty	71777
days from the date of notice by the tax commissioner pursuant to	71778
division (C) of this section.	71779

(E) The tax on every retail sale subject to a tax levied	71780
pursuant to this section is in addition to the tax levied by	71781
section 5739.02 of the Revised Code and any tax levied pursuant to	71782
section 5739.021 or 5739.026 of the Revised Code.	71783

(F) The additional tax levied by the transit authority shall	71784
be collected pursuant to section 5739.025 of the Revised Code.	71785

(G) Any tax levied pursuant to this section is subject to the	71786
exemptions provided in section 5739.02 of the Revised Code and in	71787
addition shall not be applicable to sales not within the taxing	71788
power of a transit authority under the constitution of the United	71789
States or the constitution of this state.	71790

(H) The rate of a tax levied under this section is subject to	71791
reduction under section 5739.028 of the Revised Code, if a ballot	71792
question is approved by voters pursuant to that section.	71793

Sec. 5739.026. (A) A board of county commissioners may levy	71794
a tax of one-fourth or one-half of one per cent on every retail	71795
sale in the county, except sales of watercraft and outboard motors	71796
required to be titled pursuant to Chapter 1548. of the Revised	71797
Code and sales of motor vehicles, and may increase an existing	71798
rate of one-fourth of one per cent to one-half of one per cent, to	71799
pay the expenses of administering the tax and, except as provided	71800
in division (A)(6) of this section, for any one or more of the	71801
following purposes provided that the aggregate levy for all such	71802
purposes does not exceed one-half of one per cent:	71803

(1) To provide additional revenues for the payment of bonds	71804
or notes issued in anticipation of bonds issued by a convention	71805
facilities authority established by the board of county	71806
commissioners under Chapter 351. of the Revised Code and to	71807
provide additional operating revenues for the convention	71808
facilities authority;	71809

(2) To provide additional revenues for a transit authority	71810
operating in the county;	71811

(3) To provide additional revenue for the county's general	71812
fund;	71813

(4) To provide additional revenue for permanent improvements	71814
within the county to be distributed by the community improvements	71815
board in accordance with section 307.283 and to pay principal,	71816
interest, and premium on bonds issued under section 307.284 of the	71817
Revised Code;	71818

(5) To provide additional revenue for the acquisition,	71819
construction, equipping, or repair of any specific permanent	71820
improvement or any class or group of permanent improvements, which	71821
improvement or class or group of improvements shall be enumerated	71822
in the resolution required by division (D) of this section, and to	71823
pay principal, interest, premium, and other costs associated with	71824
the issuance of bonds or notes in anticipation of bonds issued	71825
pursuant to Chapter 133. of the Revised Code for the acquisition,	71826
construction, equipping, or repair of the specific permanent	71827
improvement or class or group of permanent improvements;	71828

(6) To provide revenue for the implementation and operation	71829
of a 9-1-1 system in the county. If the tax is levied or the rate	71830
increased exclusively for such purpose, the tax shall not be	71831
levied or the rate increased for more than five years. At the end	71832
of the last year the tax is levied or the rate increased, any	71833
balance remaining in the special fund established for such purpose	71834
shall remain in that fund and be used exclusively for such purpose	71835
until the fund is completely expended, and, notwithstanding	71836
section 5705.16 of the Revised Code, the board of county	71837
commissioners shall not petition for the transfer of money from	71838
such special fund, and the tax commissioner shall not approve such	71839
a petition.	71840

If the tax is levied or the rate increased for such purpose	71841
for more than five years, the board of county commissioners also	71842
shall levy the tax or increase the rate of the tax for one or more	71843
of the purposes described in divisions (A)(1) to (5) of this	71844
section and shall prescribe the method for allocating the revenues	71845
from the tax each year in the manner required by division (C) of	71846
this section.	71847

(7) To provide additional revenue for the operation or	71848
maintenance of a detention facility, as that term is defined under	71849
division (F) of section 2921.01 of the Revised Code;	71850

(8) To provide revenue to finance the construction or	71851
renovation of a sports facility, but only if the tax is levied for	71852
that purpose in the manner prescribed by section 5739.028 of the	71853
Revised Code.	71854

As used in division (A)(8) of this section:

71855

(a) "Sports facility" means a facility intended to house	71856
major league professional athletic teams.	71857

(b) "Constructing" or "construction" includes providing	71858
fixtures, furnishings, and equipment.	71859

(9) To provide additional revenue for the acquisition of	71860
agricultural easements, as defined in section 5301.67 of the	71861
Revised Code; to pay principal, interest, and premium on bonds	71862
issued under section 133.60 of the Revised Code; and for the	71863
supervision and enforcement of agricultural easements held by the	71864
county;	71865

(10) To provide revenue for the provision of ambulance,	71866
paramedic, or other emergency medical services.	71867

Pursuant to section 755.171 of the Revised Code, a board of	71868
county commissioners may pledge and contribute revenue from a tax	71869
levied for the purpose of division (A)(5) of this section to the	71870
payment of debt charges on bonds issued under section 755.17 of	71871
the Revised Code.	71872

The rate of tax shall be a multiple of one-fourth of one per	71873
cent, unless a portion of the rate of an existing tax levied under	71874
section 5739.023 of the Revised Code has been reduced, and the	71875
rate of tax levied under this section has been increased, pursuant	71876
to section 5739.028 of the Revised Code, in which case the	71877
aggregate of the rates of tax levied under this section and	71878
section 5739.023 of the Revised Code shall be a multiple of	71879
one-fourth of one per cent. The tax shall be levied and the rate	71880
increased pursuant to a resolution adopted by a majority of the	71881
members of the board. The board shall deliver a certified copy of	71882
the resolution to the tax commissioner, not later than the	71883
sixty-fifth day prior to the date on which the tax is to become	71884
effective, which shall be the first day of a calendar quarter.	71885

Prior to the adoption of any resolution to levy the tax or to	71886
increase the rate of tax exclusively for the purpose set forth in	71887
division (A)(3) of this section, the board of county commissioners	71888
shall conduct two public hearings on the resolution, the second	71889
hearing to be no fewer than three nor more than ten days after the	71890
first. Notice of the date, time, and place of the hearings shall	71891
be given by publication in a newspaper of general circulation in	71892
the county, or as provided in section 7.16 of the Revised Code,	71893
once a week on the same day of the week for two consecutive weeks.	71894
The second publication shall be no fewer than ten nor more than	71895
thirty days prior to the first hearing. Except as provided in	71896
division (E) of this section, the resolution shall be subject to a	71897
referendum as provided in sections 305.31 to 305.41 of the Revised	71898
Code. If the resolution is adopted as an emergency measure	71899
necessary for the immediate preservation of the public peace,	71900
health, or safety, it must receive an affirmative vote of all of	71901
the members of the board of county commissioners and shall state	71902
the reasons for the necessity.	71903

If the tax is for more than one of the purposes set forth in	71904
divisions (A)(1) to (7), (9), and (10) of this section, or is	71905
exclusively for one of the purposes set forth in division (A)(1),	71906
(2), (4), (5), (6), (7), (9), or (10) of this section, the	71907
resolution shall not go into effect unless it is approved by a	71908
majority of the electors voting on the question of the tax.	71909

(B) The board of county commissioners shall adopt a	71910
resolution under section 351.02 of the Revised Code creating the	71911
convention facilities authority, or under section 307.283 of the	71912
Revised Code creating the community improvements board, before	71913
adopting a resolution levying a tax for the purpose of a	71914
convention facilities authority under division (A)(1) of this	71915
section or for the purpose of a community improvements board under	71916
division (A)(4) of this section.	71917

(C)(1) If the tax is to be used for more than one of the	71918
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	71919
this section, the board of county commissioners shall establish	71920
the method that will be used to determine the amount or proportion	71921
of the tax revenue received by the county during each year that	71922
will be distributed for each of those purposes, including, if	71923
applicable, provisions governing the reallocation of a convention	71924
facilities authority's allocation if the authority is dissolved	71925
while the tax is in effect. The allocation method may provide that	71926
different proportions or amounts of the tax shall be distributed	71927
among the purposes in different years, but it shall clearly	71928
describe the method that will be used for each year. Except as	71929
otherwise provided in division (C)(2) of this section, the	71930
allocation method established by the board is not subject to	71931
amendment during the life of the tax.	71932

(2) Subsequent to holding a public hearing on the proposed	71933
amendment, the board of county commissioners may amend the	71934
allocation method established under division (C)(1) of this	71935
section for any year, if the amendment is approved by the	71936
governing board of each entity whose allocation for the year would	71937
be reduced by the proposed amendment. In the case of a tax that is	71938
levied for a continuing period of time, the board may not so amend	71939
the allocation method for any year before the sixth year that the	71940
tax is in effect.	71941

(a) If the additional revenues provided to the convention	71942
facilities authority are pledged by the authority for the payment	71943
of convention facilities authority revenue bonds for as long as	71944
such bonds are outstanding, no reduction of the authority's	71945
allocation of the tax shall be made for any year except to the	71946
extent that the reduced authority allocation, when combined with	71947
the authority's other revenues pledged for that purpose, is	71948
sufficient to meet the debt service requirements for that year on	71949
such bonds.	71950

(b) If the additional revenues provided to the county are	71951
pledged by the county for the payment of bonds or notes described	71952
in division (A)(4) or (5) of this section, for as long as such	71953
bonds or notes are outstanding, no reduction of the county's or	71954
the community improvements board's allocation of the tax shall be	71955
made for any year, except to the extent that the reduced county or	71956
community improvements board allocation is sufficient to meet the	71957
debt service requirements for that year on such bonds or notes.	71958

(c) If the additional revenues provided to the transit	71959
authority are pledged by the authority for the payment of revenue	71960
bonds issued under section 306.37 of the Revised Code, for as long	71961
as such bonds are outstanding, no reduction of the authority's	71962
allocation of tax shall be made for any year, except to the extent	71963
that the authority's reduced allocation, when combined with the	71964
authority's other revenues pledged for that purpose, is sufficient	71965
to meet the debt service requirements for that year on such bonds.	71966

(d) If the additional revenues provided to the county are	71967
pledged by the county for the payment of bonds or notes issued	71968
under section 133.60 of the Revised Code, for so long as the bonds	71969
or notes are outstanding, no reduction of the county's allocation	71970
of the tax shall be made for any year, except to the extent that	71971
the reduced county allocation is sufficient to meet the debt	71972
service requirements for that year on the bonds or notes.	71973

(D)(1) The resolution levying the tax or increasing the rate	71974
of tax shall state the rate of the tax or the rate of the	71975
increase; the purpose or purposes for which it is to be levied;	71976
the number of years for which it is to be levied or that it is for	71977
a continuing period of time; the allocation method required by	71978
division (C) of this section; and if required to be submitted to	71979
the electors of the county under division (A) of this section, the	71980
date of the election at which the proposal shall be submitted to	71981
the electors of the county, which shall be not less than ninety	71982
days after the certification of a copy of the resolution to the	71983
board of elections and, if the tax is to be levied exclusively for	71984
the purpose set forth in division (A)(3) of this section, shall	71985
not occur in February or August of any year. Upon certification of	71986
the resolution to the board of elections, the board of county	71987
commissioners shall notify the tax commissioner in writing of the	71988
levy question to be submitted to the electors. If approved by a	71989
majority of the electors, the tax shall become effective on the	71990
first day of a calendar quarter next following the sixty-fifth day	71991
following the date the board of county commissioners and tax	71992
commissioner receive from the board of elections the certification	71993
of the results of the election, except as provided in division (E)	71994
of this section.	71995

(2)(a) A resolution specifying that the tax is to be used	71996
exclusively for the purpose set forth in division (A)(3) of this	71997
section that is not adopted as an emergency measure may direct the	71998
board of elections to submit the question of levying the tax or	71999
increasing the rate of the tax to the electors of the county at a	72000
special election held on the date specified by the board of county	72001
commissioners in the resolution, provided that the election occurs	72002
not less than ninety days after the resolution is certified to the	72003
board of elections and the election is not held in February or	72004
August of any year. Upon certification of the resolution to the	72005
board of elections, the board of county commissioners shall notify	72006
the tax commissioner in writing of the levy question to be	72007
submitted to the electors. No resolution adopted under division	72008
(D)(2)(a) of this section shall go into effect unless approved by	72009
a majority of those voting upon it and, except as provided in	72010
division (E) of this section, not until the first day of a	72011
calendar quarter following the expiration of sixty-five days from	72012
the date the tax commissioner receives notice from the board of	72013
elections of the affirmative vote.	72014

(b) A resolution specifying that the tax is to be used	72015
exclusively for the purpose set forth in division (A)(3) of this	72016
section that is adopted as an emergency measure shall become	72017
effective as provided in division (A) of this section, but may	72018
direct the board of elections to submit the question of repealing	72019
the tax or increase in the rate of the tax to the electors of the	72020
county at the next general election in the county occurring not	72021
less than ninety days after the resolution is certified to the	72022
board of elections. Upon certification of the resolution to the	72023
board of elections, the board of county commissioners shall notify	72024
the tax commissioner in writing of the levy question to be	72025
submitted to the electors. The ballot question shall be the same	72026
as that prescribed in section 5739.022 of the Revised Code. The	72027
board of elections shall notify the board of county commissioners	72028
and the tax commissioner of the result of the election immediately	72029
after the result has been declared. If a majority of the qualified	72030
electors voting on the question of repealing the tax or increase	72031
in the rate of the tax vote for repeal of the tax or repeal of the	72032
increase, the board of county commissioners, on the first day of a	72033
calendar quarter following the expiration of sixty-five days after	72034
the date the board and tax commissioner received notice of the	72035
result of the election, shall, in the case of a repeal of the tax,	72036
cease to levy the tax, or, in the case of a repeal of an increase	72037
in the rate of the tax, cease to levy the increased rate and levy	72038
the tax at the rate at which it was imposed immediately prior to	72039
the increase in rate.	72040

(c) A board of county commissioners, by resolution, may	72041
reduce the rate of a tax levied exclusively for the purpose set	72042
forth in division (A)(3) of this section to a lower rate	72043
authorized by this section. Any such reduction shall be made	72044
effective on the first day of the calendar quarter next following	72045
the sixty-fifth day after the tax commissioner receives a	72046
certified copy of the resolution from the board.	72047

(E) If a vendor ~~that is registered with the central~~	72048
~~electronic registration system provided for in section 5740.05 of~~	72049
~~the Revised Code~~ makes a sale in this state by printed catalog and	72050
the consumer computed the tax on the sale based on local rates	72051
published in the catalog, any tax levied or repealed or rate	72052
changed under this section shall not apply to such a sale until	72053
the first day of a calendar quarter following the expiration of	72054
one hundred twenty days from the date of notice by the tax	72055
commissioner pursuant to division (G) of this section.	72056

(F) The tax levied pursuant to this section shall be in	72057
addition to the tax levied by section 5739.02 of the Revised Code	72058
and any tax levied pursuant to section 5739.021 or 5739.023 of the	72059
Revised Code.	72060

A county that levies a tax pursuant to this section shall	72061
levy a tax at the same rate pursuant to section 5741.023 of the	72062
Revised Code.	72063

The additional tax levied by the county shall be collected	72064
pursuant to section 5739.025 of the Revised Code.	72065

Any tax levied pursuant to this section is subject to the	72066
exemptions provided in section 5739.02 of the Revised Code and in	72067
addition shall not be applicable to sales not within the taxing	72068
power of a county under the Constitution of the United States or	72069
the Ohio Constitution.	72070

(G) Upon receipt from a board of county commissioners of a	72071
certified copy of a resolution required by division (A) of this	72072
section, or from the board of elections a notice of the results of	72073
an election required by division (D)(1), (2)(a), (b), or (c) of	72074
this section, the tax commissioner shall provide notice of a tax	72075
rate change in a manner that is reasonably accessible to all	72076
affected vendors. The commissioner shall provide this notice at	72077
least sixty days prior to the effective date of the rate change.	72078
The commissioner, by rule, may establish the method by which	72079
notice will be provided.	72080

Sec. 5739.04. If modification of a county's jurisdictional	72081
boundaries or a transit authority's territory results in a change	72082
in the tax rate levied under section 5739.021, 5739.023, or	72083
5739.026 of the Revised Code, the tax commissioner, within thirty	72084
days of such change, shall notify any vendor ~~that is registered~~	72085
~~with the central electronic registration system provided for in~~	72086
~~section 5740.05 of the Revised Code~~ or the vendor's certified	72087
service provider, if the vendor has selected one, of such change.	72088
The rate change shall not apply to sales made by such vendor until	72089
the first day of a calendar quarter following the expiration of	72090
sixty days from the date of notice by the ~~tax~~ commissioner.	72091

Sec. 5739.17. (A) No person shall engage in making retail	72092
sales subject to a tax imposed by or pursuant to section 5739.02,	72093
5739.021, 5739.023, or 5739.026 of the Revised Code as a business	72094
without having a license therefor, except as otherwise provided in	72095
divisions (A)(1), (2), and (3) of this section.	72096

(1) In the dissolution of a partnership by death, the	72097
surviving partner may operate under the license of the partnership	72098
for a period of sixty days.	72099

(2) The heirs or legal representatives of deceased persons,	72100
and receivers and trustees in bankruptcy, appointed by any	72101
competent authority, may operate under the license of the person	72102
so succeeded in possession.	72103

(3) Two or more persons who are not partners may operate a	72104
single place of business under one license. In such case neither	72105
the retirement of any such person from business at that place of	72106
business, nor the entrance of any person, under an existing	72107
arrangement, shall affect the license or require the issuance of a	72108
new license, unless the person retiring from the business is the	72109
individual named on the vendor's license.	72110

Except as otherwise provided in this section, each applicant	72111
for a license shall make out and deliver to the county auditor of	72112
each county in which the applicant desires to engage in business,	72113
upon a blank to be furnished by such auditor for that purpose, a	72114
statement showing the name of the applicant, each place of	72115
business in the county where the applicant will make retail sales,	72116
the nature of the business, and any other information the tax	72117
commissioner reasonably prescribes in the form of a statement	72118
prescribed by the commissioner.	72119

At the time of making the application, the applicant shall	72120
pay into the county treasury a license fee in the sum of	72121
twenty-five dollars for each fixed place of business in the county	72122
that will be the situs of retail sales. Upon receipt of the	72123
application and exhibition of the county treasurer's receipt,	72124
showing the payment of the license fee, the county auditor shall	72125
issue to the applicant a license for each fixed place of business	72126
designated in the application, authorizing the applicant to engage	72127
in business at that location. If	72128

(B) If a vendor's identity changes, the vendor shall apply	72129
for a new license. If a vendor wishes to move an existing fixed	72130
place of business to a new location within the same county, the	72131
vendor shall obtain a new vendor's license or submit a request to	72132
the ~~tax~~ commissioner to transfer the existing vendor's license to	72133
the new location. When the new location has been verified as being	72134
within the same county, the commissioner shall authorize the	72135
transfer and notify the county auditor of the change of location.	72136
If a vendor wishes to move an existing fixed place of business to	72137
another county, the vendor's license shall not transfer and the	72138
vendor shall obtain a new vendor's license from the county in	72139
which the business is to be located. The form of the license shall	72140
be prescribed by the commissioner. The fees collected shall be	72141
credited to the general fund of the county. If a vendor fails to	72142
notify the commissioner of a change of location of its fixed place	72143
of business or that its business has closed, the commissioner may	72144
cancel the vendor's license if ordinary mail sent to the location	72145
shown on the license is returned because of an undeliverable	72146
address.	72147

(C) The ~~tax~~ commissioner may establish or participate in a	72148
registration system whereby any vendor may obtain a vendor's	72149
license by submitting to the commissioner a vendor's license	72150
application and a license fee of twenty-five dollars for each	72151
fixed place of business at which the vendor intends to make retail	72152
sales. Under this registration system, the commissioner shall	72153
issue a vendor's license to the applicant on behalf of the county	72154
auditor of the county in which the applicant desires to engage in	72155
business, and shall forward a copy of the application and license	72156
fee to that county. All such license fees received by the	72157
commissioner for the issuance of vendor's licenses shall be	72158
deposited into the vendor's license application fund, which is	72159
hereby created in the state treasury. The commissioner shall	72160
certify to the director of budget and management within ten	72161
business days after the close of a month the license fees to be	72162
transmitted to each county from the vendor's license application	72163
fund for vendor's license applications received by the	72164
commissioner during that month. License fees transmitted to a	72165
county for which payment was not received by the commissioner may	72166
be netted against a future distribution to that county, including	72167
distributions made pursuant to section 5739.21 of the Revised	72168
Code.	72169

A vendor that makes retail sales subject to tax under Chapter	72170
5739. of the Revised Code pursuant to a permit issued by the	72171
division of liquor control shall obtain a vendor's license in the	72172
identical name and for the identical address as shown on the	72173
permit.	72174

Except as otherwise provided in this section, if a vendor has	72175
no fixed place of business and sells from a vehicle, each vehicle	72176
intended to be used within a county constitutes a place of	72177
business for the purpose of this section.	72178

~~(B)~~(D) As used in this ~~division~~section, "transient vendor"	72179
means any person who makes sales of tangible personal property	72180
from vending machines located on land owned by others, who leases	72181
titled motor vehicles, titled watercraft, or titled outboard	72182
motors, who effectuates leases that are taxed according to	72183
division (A)(2) of section 5739.02 of the Revised Code, or who, in	72184
the usual course of the person's business, transports inventory,	72185
stock of goods, or similar tangible personal property to a	72186
temporary place of business or temporary exhibition, show, fair,	72187
flea market, or similar event in a county in which the person has	72188
no fixed place of business, for the purpose of making retail sales	72189
of such property. A "temporary place of business" means any public	72190
or quasi-public place including, but not limited to, a hotel,	72191
rooming house, storeroom, building, part of a building, tent,	72192
vacant lot, railroad car, or motor vehicle that is temporarily	72193
occupied for the purpose of making retail sales of goods to the	72194
public. A place of business is not temporary if the same person	72195
conducted business at the place continuously for more than six	72196
months or occupied the premises as the person's permanent	72197
residence for more than six months, or if the person intends it to	72198
be a fixed place of business.	72199

Any transient vendor, in lieu of obtaining a vendor's license	72200
under division (A) of this section for counties in which the	72201
transient vendor has no fixed place of business, may apply to the	72202
tax commissioner, on a form prescribed by the commissioner, for a	72203
transient vendor's license. The transient vendor's license	72204
authorizes the transient vendor to make retail sales in any county	72205
in which the transient vendor does not maintain a fixed place of	72206
business. Any holder of a transient vendor's license shall not be	72207
required to obtain a separate vendor's license from the county	72208
auditor in that county. Upon the commissioner's determination that	72209
an applicant is a transient vendor, the applicant shall pay a	72210
license fee in the amount of twenty-five dollars, at which time	72211
the tax commissioner shall issue the license. The tax commissioner	72212
may require a vendor to be licensed as a transient vendor if, in	72213
the opinion of the commissioner, such licensing is necessary for	72214
the efficient administration of the tax.	72215

Any holder of a valid transient vendor's license may make	72216
retail sales at a temporary place of business or temporary	72217
exhibition, show, fair, flea market, or similar event, held	72218
anywhere in the state without complying with any provision of	72219
section 311.37 of the Revised Code. Any holder of a valid vendor's	72220
license may make retail sales as a transient vendor at a temporary	72221
place of business or temporary exhibition, show, fair, flea	72222
market, or similar event held in any county in which the vendor	72223
maintains a fixed place of business for which the vendor holds a	72224
vendor's license without obtaining a transient vendor's license.	72225

~~(C) As used in this division, "service vendor" means any~~	72226
~~person who, in the usual course of the person's business, sells~~	72227
~~services described in division (B)(3)(e), (f), (g), (h), (i), (j),~~	72228
~~(k), (l), (m), (p), or (t) of section 5739.01 of the Revised Code.~~	72229

~~Every service vendor shall make application to the tax~~	72230
~~commissioner for a service vendor's license. Each applicant shall~~	72231
~~pay a license fee in the amount of twenty-five dollars. Upon the~~	72232
~~commissioner's determination that an applicant is a service vendor~~	72233
~~and payment of the fee, the commissioner shall issue the applicant~~	72234
~~a service vendor's license.~~	72235

~~Only sales described in division (B)(3)(e), (f), (g), (h),~~	72236
~~(i), (j), (k), (l), (m), (p), or (t) of section 5739.01 of the~~	72237
~~Revised Code may be made under authority of a service vendor's~~	72238
~~license, and that license authorizes sales to be made at any place~~	72239
~~in this state. Any service vendor who makes sales of other~~	72240
~~services or tangible personal property subject to the sales tax~~	72241
~~also shall be licensed under division (A), (B), or (D) of this~~	72242
~~section.~~	72243

~~(D) As used in this division, "delivery vendor" means any~~	72244
~~vendor who engages in one or more of the activities described in~~	72245
~~divisions (D)(1) to (4) of this section, and who maintains no~~	72246
~~store, showroom, or similar fixed place of business or other~~	72247
~~location where merchandise regularly is offered for sale or~~	72248
~~displayed or shown in catalogs for selection or pick-up by~~	72249
~~consumers, or where consumers bring goods for repair or other~~	72250
~~service.~~	72251

~~(1) The vendor makes retail sales of tangible personal~~	72252
~~property;~~	72253

~~(2) The vendor rents or leases, at retail, tangible personal~~	72254
~~property, except titled motor vehicles, titled watercraft, or~~	72255
~~titled outboard motors;~~	72256

~~(3) The vendor provides a service, at retail, described in~~	72257
~~division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the~~	72258
~~Revised Code; or~~	72259

~~(4) The vendor makes retail sales of warranty, maintenance or~~	72260
~~service contracts, or similar agreements as described in division~~	72261
~~(B)(7) of section 5739.01 of the Revised Code.~~	72262

~~A transient vendor or a seller registered pursuant to section~~	72263
~~5741.17 of the Revised Code is not a delivery vendor.~~	72264

~~Delivery vendors shall apply to the tax commissioner, on a~~	72265
~~form prescribed by the commissioner, for a delivery vendor's~~	72266
~~license. Each applicant shall pay a license fee of twenty-five~~	72267
~~dollars for each delivery vendor's license, to be credited to the~~	72268
~~general revenue fund. Upon the commissioner's determination that~~	72269
~~the applicant is a delivery vendor, the commissioner shall issue~~	72270
~~the license. A delivery vendor's license authorizes retail sales~~	72271
~~to be made throughout the state. All sales of the vendor must be~~	72272
~~reported under the delivery license. The commissioner may require~~	72273
~~a vendor to be licensed as a delivery vendor if, in the opinion of~~	72274
~~the commissioner, such licensing is necessary for the efficient~~	72275
~~administration of the tax. The commissioner shall not issue a~~	72276
~~delivery vendor license to a vendor who holds a license issued~~	72277
~~under division (A) of this section.~~	72278

(E) Any ~~transient~~ vendor who is issued a license pursuant to	72279
this section shall display the license or a copy of it	72280
prominently, in plain view, at every place of business of the	72281
~~transient~~ vendor. ~~Every~~	72282

(F) No owner, organizer, or promoter who operates a fair,	72283
flea market, show, exhibition, convention, or similar event at	72284
which transient vendors are present shall fail to keep a	72285
comprehensive record of all such vendors, listing the vendor's	72286
name, permanent address, vendor's license number, and the type of	72287
goods sold. Such records shall be kept for four years and shall be	72288
open to inspection by the ~~tax~~ commissioner.	72289

(G) The commissioner may issue additional types of licenses	72290
if required to efficiently administer the tax imposed by this	72291
chapter.	72292

Sec. 5741.08. If modification of a county's jurisdictional	72293
boundaries or a transit authority's territory results in a change	72294
in the tax rate levied under section 5741.021, 5741.022, or	72295
5741.023 of the Revised Code, the tax commissioner, within thirty	72296
days of such change, shall notify any seller ~~that is registered~~	72297
~~with the central electronic registration system provided for in~~	72298
~~section 5740.05 of the Revised Code~~ or the seller's certified	72299
service provider, if the seller has selected one, of such change.	72300
The rate change shall not apply until the first day of a calendar	72301
quarter following the expiration of sixty days from the date of	72302
notice by the ~~tax~~ commissioner.	72303

Sec. 5743.031. (A) A wholesale dealer may affix stamps only	72304
to packages of cigarettes that the dealer received directly from a	72305
manufacturer or importer of cigarettes that possesses a valid and	72306
current license under section 5743.15 of the Revised Code, or to	72307
packages of cigarettes that the dealer received from another	72308
wholesale dealer that possesses a valid and current license under	72309
section 5743.15 of the Revised Code, provided that the tax	72310
commissioner has authorized the sale of the cigarettes between	72311
those wholesale dealers and that the wholesale dealer that sells	72312
the cigarettes received them directly from a manufacturer or	72313
importer of cigarettes that possesses a valid and current license	72314
under section 5743.15 of the Revised Code.	72315

(B) Only a wholesale dealer that possesses a valid and	72316
current license under section 5743.15 of the Revised Code may	72317
purchase or obtain tax stamps. A wholesale dealer may not sell or	72318
provide such stamps to any other wholesale dealer or any other	72319
person.	72320

(C) Any person shipping unstamped packages of cigarettes into	72321
this state to a person other than a wholesale dealer licensed	72322
under section 5743.15 of the Revised Code shall, before such	72323
shipment, file notice of the shipment with the tax commissioner.	72324
Any person that transports unstamped packages of cigarettes into	72325
or within this state shall carry in the vehicle used to convey the	72326
shipment invoices or equivalent documentation of the shipment for	72327
all cigarettes in the shipment. The invoices or other	72328
documentation shall show the true name and address of the	72329
consignor or seller, the true name and address of the consignee or	72330
purchaser, and the quantity of the cigarettes being transported.	72331
This division does not apply to any ~~common or contract~~for-hire	72332
motor carrier transporting cigarettes through this state to	72333
another location under a proper bill of lading or freight bill	72334
that states the quantity, source, and destination of the	72335
cigarettes.	72336

Sec. 5743.20. No person shall sell any cigarettes both as a	72337
retail dealer and as a wholesale dealer at the same place of	72338
business. No person other than a licensed wholesale dealer shall	72339
sell cigarettes to a licensed retail dealer. No retail dealer	72340
shall purchase cigarettes from any person other than a licensed	72341
wholesale dealer.	72342

Subject to section 5743.031 of the Revised Code, a licensed	72343
wholesale dealer may not sell cigarettes to any person in this	72344
state other than a licensed retail dealer, except a licensed	72345
wholesale dealer may sell cigarettes to another licensed wholesale	72346
dealer if the tax commissioner has authorized the sale of the	72347
cigarettes between those wholesale dealers and the wholesale	72348
dealer that sells the cigarettes received them directly from a	72349
licensed manufacturer or licensed importer.	72350

The tax commissioner shall adopt rules governing sales of	72351
cigarettes between licensed wholesale dealers, including rules	72352
establishing criteria for authorizing such sales.	72353

No manufacturer or importer shall sell cigarettes to any	72354
person in this state other than to a licensed wholesale dealer or	72355
licensed importer. No importer shall purchase cigarettes from any	72356
person other than a licensed manufacturer or licensed importer.	72357

A retail dealer may purchase other tobacco products only from	72358
a licensed distributor. A licensed distributor may sell tobacco	72359
products only to a retail dealer, except a licensed distributor	72360
may sell tobacco products to another licensed distributor if the	72361
tax commissioner has authorized the sale of the tobacco products	72362
between those distributors and the distributor that sells the	72363
tobacco products received them directly from a manufacturer or	72364
importer of tobacco products.	72365

The tax commissioner may adopt rules governing sales of	72366
tobacco products between licensed distributors, including rules	72367
establishing criteria for authorizing such sales.	72368

The identities of cigarette manufacturers and importers,	72369
licensed cigarette wholesalers, licensed distributors of other	72370
tobacco products, and registered manufacturers,and importers~~, and~~	72371
~~brokers~~ of other tobacco products are subject to public	72372
disclosure. The tax commissioner shall maintain an alphabetical	72373
list of all such manufacturers, importers, wholesalers, and	72374
distributors, ~~and brokers,~~ shall post the list on a web site	72375
accessible to the public through the internet, and shall	72376
periodically update the web site posting.	72377

As used in this section, "licensed" means the manufacturer,	72378
importer, wholesale dealer, or distributor holds a current and	72379
valid license issued under section 5743.15 or 5743.61 of the	72380
Revised Code, and "registered" means registered with the ~~tax~~	72381
commissioner under section 5743.66 of the Revised Code.	72382

Sec. 5743.61. (A) Except as otherwise provided in this	72383
division, no distributor shall engage in the business of	72384
distributing tobacco products within this state without having a	72385
license issued by the department of taxation to engage in that	72386
business. On the dissolution of a partnership by death, the	72387
surviving partner may operate under the license of the partnership	72388
until the expiration of the license, and the heirs or legal	72389
representatives of deceased persons, and receivers and trustees in	72390
bankruptcy appointed by any competent authority, may operate under	72391
the license of the person succeeded in possession by the heir,	72392
representative, receiver, or trustee in bankruptcy if the partner	72393
or successor notifies the department of taxation of the	72394
dissolution or succession within thirty days after the dissolution	72395
or succession.	72396

(B)(1) Each applicant for a license to engage in the business	72397
of distributing tobacco products, annually, on or before the first	72398
day of February, shall make and deliver to the tax commissioner,	72399
upon a form furnished by the commissioner for that purpose, a	72400
statement showing the name of the applicant, each physical place	72401
from which the applicant distributes to distributors, retail	72402
dealers, or wholesale dealers, and any other information the	72403
commissioner considers necessary for the administration of	72404
sections 5743.51 to 5743.66 of the Revised Code.	72405

(2) At the time of making the license application, the	72406
applicant shall pay an application fee of one thousand dollars for	72407
each place listed on the application where the applicant proposes	72408
to carry on that business. The fee charged for the application	72409
shall accompany the application and shall be made payable to the	72410
treasurer of state for deposit into the cigarette tax enforcement	72411
fund.	72412

(3) Upon receipt of the application and payment of any	72413
licensing fee required by this section, the commissioner shall	72414
issue to the applicant a license for each place of distribution	72415
designated in the application authorizing the applicant to engage	72416
in business at that location for one year commencing on the first	72417
day of February. For licenses issued after the first day of	72418
February, the license application fee shall be reduced	72419
proportionately by the remainder of the twelve-month period for	72420
which the license is issued, except that the application fee	72421
required to be paid under this section shall be not less than two	72422
hundred dollars. If the original license is lost, destroyed, or	72423
defaced, a duplicate license may be obtained from the commissioner	72424
upon payment of a license replacement fee of twenty-five dollars.	72425

(C) The holder of a tobacco products license may transfer the	72426
license to a place of business on condition that the licensee's	72427
ownership and business structure remains unchanged and the	72428
licensee applies to the commissioner for the transfer on a form	72429
issued by the commissioner, and pays a transfer fee of twenty-five	72430
dollars.	72431

(D) If a distributor fails to file forms as required under	72432
Chapter 1346. or section 5743.52 of the Revised Code or pay the	72433
tax due for two consecutive periods or three periods during any	72434
twelve-month period, the commissioner may suspend the license	72435
issued to the distributor under this section. The suspension is	72436
effective ten days after the commissioner notifies the distributor	72437
of the suspension in writing personally or by certified mail. The	72438
commissioner shall lift the suspension when the distributor files	72439
the delinquent forms and pays the tax due, including any	72440
penalties, interest, and additional charges. The commissioner may	72441
refuse to issue the annual renewal of the license required by this	72442
section and may refuse to issue a new license for the same	72443
location until all delinquent forms are filed and outstanding	72444
taxes are paid. This division does not apply to any unpaid or	72445
underpaid tax liability that is the subject of a petition or	72446
appeal filed pursuant to section 5743.56, 5717.02, or 5717.04 of	72447
the Revised Code.	72448

(E)(1) The tax commissioner may impose a penalty of up to one	72449
thousand dollars on any person found to be engaging in the	72450
business of distributing tobacco products without a license as	72451
required by this section.	72452

(2) Any person engaging in the business of distributing	72453
tobacco products without a license as required by this section	72454
shall comply with divisions (B)(1) and (2) of this section within	72455
ten days after being notified of the requirement to do so. Failure	72456
to comply with division (E)(2) of this section subjects a person	72457
to penalties imposed under section 5743.99 of the Revised Code.	72458

Sec. 5743.66. (A) Each manufacturer,or importer~~, or broker~~	72459
of tobacco products shall register with the tax commissioner	72460
before it sells or distributes tobacco products to distributors in	72461
this state, and, upon the request of the ~~tax~~ commissioner, shall	72462
provide complete information on sales made to distributors in this	72463
state and a current list of prices charged for tobacco products	72464
sold to distributors in this state.	72465

(B) On or before the last day of each month, every	72466
manufacturer,or importer~~, or broker~~ of tobacco products shall	72467
file a report with the commissioner listing all sales of tobacco	72468
products to distributors located in this state during the	72469
preceding month and any other information the commissioner finds	72470
necessary for the proper administration of sections 5743.51 to	72471
5743.66 of the Revised Code.	72472

Sec. 5747.01. Except as otherwise expressly provided or	72473
clearly appearing from the context, any term used in this chapter	72474
that is not otherwise defined in this section has the same meaning	72475
as when used in a comparable context in the laws of the United	72476
States relating to federal income taxes or if not used in a	72477
comparable context in those laws, has the same meaning as in	72478
section 5733.40 of the Revised Code. Any reference in this chapter	72479
to the Internal Revenue Code includes other laws of the United	72480
States relating to federal income taxes.	72481

As used in this chapter:

72482

(A) "Adjusted gross income" or "Ohio adjusted gross income"	72483
means federal adjusted gross income, as defined and used in the	72484
Internal Revenue Code, adjusted as provided in this section:	72485

(1) Add interest or dividends on obligations or securities of	72486
any state or of any political subdivision or authority of any	72487
state, other than this state and its subdivisions and authorities.	72488

(2) Add interest or dividends on obligations of any	72489
authority, commission, instrumentality, territory, or possession	72490
of the United States to the extent that the interest or dividends	72491
are exempt from federal income taxes but not from state income	72492
taxes.	72493

(3) Deduct interest or dividends on obligations of the United	72494
States and its territories and possessions or of any authority,	72495
commission, or instrumentality of the United States to the extent	72496
that the interest or dividends are included in federal adjusted	72497
gross income but exempt from state income taxes under the laws of	72498
the United States.	72499

(4) Deduct disability and survivor's benefits to the extent	72500
included in federal adjusted gross income.	72501

(5) Deduct benefits under Title II of the Social Security Act	72502
and tier 1 railroad retirement benefits to the extent included in	72503
federal adjusted gross income under section 86 of the Internal	72504
Revenue Code.	72505

(6) In the case of a taxpayer who is a beneficiary of a trust	72506
that makes an accumulation distribution as defined in section 665	72507
of the Internal Revenue Code, add, for the beneficiary's taxable	72508
years beginning before 2002, the portion, if any, of such	72509
distribution that does not exceed the undistributed net income of	72510
the trust for the three taxable years preceding the taxable year	72511
in which the distribution is made to the extent that the portion	72512
was not included in the trust's taxable income for any of the	72513
trust's taxable years beginning in 2002 or thereafter.	72514
"Undistributed net income of a trust" means the taxable income of	72515
the trust increased by (a)(i) the additions to adjusted gross	72516
income required under division (A) of this section and (ii) the	72517
personal exemptions allowed to the trust pursuant to section	72518
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	72519
deductions to adjusted gross income required under division (A) of	72520
this section, (ii) the amount of federal income taxes attributable	72521
to such income, and (iii) the amount of taxable income that has	72522
been included in the adjusted gross income of a beneficiary by	72523
reason of a prior accumulation distribution. Any undistributed net	72524
income included in the adjusted gross income of a beneficiary	72525
shall reduce the undistributed net income of the trust commencing	72526
with the earliest years of the accumulation period.	72527

(7) Deduct the amount of wages and salaries, if any, not	72528
otherwise allowable as a deduction but that would have been	72529
allowable as a deduction in computing federal adjusted gross	72530
income for the taxable year, had the targeted jobs credit allowed	72531
and determined under sections 38, 51, and 52 of the Internal	72532
Revenue Code not been in effect.	72533

(8) Deduct any interest or interest equivalent on public	72534
obligations and purchase obligations to the extent that the	72535
interest or interest equivalent is included in federal adjusted	72536
gross income.	72537

(9) Add any loss or deduct any gain resulting from the sale,	72538
exchange, or other disposition of public obligations to the extent	72539
that the loss has been deducted or the gain has been included in	72540
computing federal adjusted gross income.	72541

(10) Deduct or add amounts, as provided under section 5747.70	72542
of the Revised Code, related to contributions to variable college	72543
savings program accounts made or tuition units purchased pursuant	72544
to Chapter 3334. of the Revised Code.	72545

(11)(a) Deduct, to the extent not otherwise allowable as a	72546
deduction or exclusion in computing federal or Ohio adjusted gross	72547
income for the taxable year, the amount the taxpayer paid during	72548
the taxable year for medical care insurance and qualified	72549
long-term care insurance for the taxpayer, the taxpayer's spouse,	72550
and dependents. No deduction for medical care insurance under	72551
division (A)(11) of this section shall be allowed either to any	72552
taxpayer who is eligible to participate in any subsidized health	72553
plan maintained by any employer of the taxpayer or of the	72554
taxpayer's spouse, or to any taxpayer who is entitled to, or on	72555
application would be entitled to, benefits under part A of Title	72556
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	72557
301, as amended. For the purposes of division (A)(11)(a) of this	72558
section, "subsidized health plan" means a health plan for which	72559
the employer pays any portion of the plan's cost. The deduction	72560
allowed under division (A)(11)(a) of this section shall be the net	72561
of any related premium refunds, related premium reimbursements, or	72562
related insurance premium dividends received during the taxable	72563
year.	72564

(b) Deduct, to the extent not otherwise deducted or excluded	72565
in computing federal or Ohio adjusted gross income during the	72566
taxable year, the amount the taxpayer paid during the taxable	72567
year, not compensated for by any insurance or otherwise, for	72568
medical care of the taxpayer, the taxpayer's spouse, and	72569
dependents, to the extent the expenses exceed seven and one-half	72570
per cent of the taxpayer's federal adjusted gross income.	72571

(c) Deduct, to the extent not otherwise deducted or excluded	72572
in computing federal or Ohio adjusted gross income, any amount	72573
included in federal adjusted gross income under section 105 or not	72574
excluded under section 106 of the Internal Revenue Code solely	72575
because it relates to an accident and health plan for a person who	72576
otherwise would be a "qualifying relative" and thus a "dependent"	72577
under section 152 of the Internal Revenue Code but for the fact	72578
that the person fails to meet the income and support limitations	72579
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	72580

(d) For purposes of division (A)(11) of this section,	72581
"medical care" has the meaning given in section 213 of the	72582
Internal Revenue Code, subject to the special rules, limitations,	72583
and exclusions set forth therein, and "qualified long-term care"	72584
has the same meaning given in section 7702B(c) of the Internal	72585
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	72586
of this section, "dependent" includes a person who otherwise would	72587
be a "qualifying relative" and thus a "dependent" under section	72588
152 of the Internal Revenue Code but for the fact that the person	72589
fails to meet the income and support limitations under section	72590
152(d)(1)(B) and (C) of the Internal Revenue Code.	72591

(12)(a) Deduct any amount included in federal adjusted gross	72592
income solely because the amount represents a reimbursement or	72593
refund of expenses that in any year the taxpayer had deducted as	72594
an itemized deduction pursuant to section 63 of the Internal	72595
Revenue Code and applicable United States department of the	72596
treasury regulations. The deduction otherwise allowed under	72597
division (A)(12)(a) of this section shall be reduced to the extent	72598
the reimbursement is attributable to an amount the taxpayer	72599
deducted under this section in any taxable year.	72600

(b) Add any amount not otherwise included in Ohio adjusted	72601
gross income for any taxable year to the extent that the amount is	72602
attributable to the recovery during the taxable year of any amount	72603
deducted or excluded in computing federal or Ohio adjusted gross	72604
income in any taxable year.	72605

(13) Deduct any portion of the deduction described in section	72606
1341(a)(2) of the Internal Revenue Code, for repaying previously	72607
reported income received under a claim of right, that meets both	72608
of the following requirements:	72609

(a) It is allowable for repayment of an item that was	72610
included in the taxpayer's adjusted gross income for a prior	72611
taxable year and did not qualify for a credit under division (A)	72612
or (B) of section 5747.05 of the Revised Code for that year;	72613

(b) It does not otherwise reduce the taxpayer's adjusted	72614
gross income for the current or any other taxable year.	72615

(14) Deduct an amount equal to the deposits made to, and net	72616
investment earnings of, a medical savings account during the	72617
taxable year, in accordance with section 3924.66 of the Revised	72618
Code. The deduction allowed by division (A)(14) of this section	72619
does not apply to medical savings account deposits and earnings	72620
otherwise deducted or excluded for the current or any other	72621
taxable year from the taxpayer's federal adjusted gross income.	72622

(15)(a) Add an amount equal to the funds withdrawn from a	72623
medical savings account during the taxable year, and the net	72624
investment earnings on those funds, when the funds withdrawn were	72625
used for any purpose other than to reimburse an account holder	72626
for, or to pay, eligible medical expenses, in accordance with	72627
section 3924.66 of the Revised Code;	72628

(b) Add the amounts distributed from a medical savings	72629
account under division (A)(2) of section 3924.68 of the Revised	72630
Code during the taxable year.	72631

(16) Add any amount claimed as a credit under section	72632
5747.059 or 5747.65 of the Revised Code to the extent that such	72633
amount satisfies either of the following:	72634

(a) The amount was deducted or excluded from the computation	72635
of the taxpayer's federal adjusted gross income as required to be	72636
reported for the taxpayer's taxable year under the Internal	72637
Revenue Code;	72638

(b) The amount resulted in a reduction of the taxpayer's	72639
federal adjusted gross income as required to be reported for any	72640
of the taxpayer's taxable years under the Internal Revenue Code.	72641

(17) Deduct the amount contributed by the taxpayer to an	72642
individual development account program established by a county	72643
department of job and family services pursuant to sections 329.11	72644
to 329.14 of the Revised Code for the purpose of matching funds	72645
deposited by program participants. On request of the tax	72646
commissioner, the taxpayer shall provide any information that, in	72647
the tax commissioner's opinion, is necessary to establish the	72648
amount deducted under division (A)(17) of this section.	72649

(18) Beginning in taxable year 2001 but not for any taxable	72650
year beginning after December 31, 2005, if the taxpayer is married	72651
and files a joint return and the combined federal adjusted gross	72652
income of the taxpayer and the taxpayer's spouse for the taxable	72653
year does not exceed one hundred thousand dollars, or if the	72654
taxpayer is single and has a federal adjusted gross income for the	72655
taxable year not exceeding fifty thousand dollars, deduct amounts	72656
paid during the taxable year for qualified tuition and fees paid	72657
to an eligible institution for the taxpayer, the taxpayer's	72658
spouse, or any dependent of the taxpayer, who is a resident of	72659
this state and is enrolled in or attending a program that	72660
culminates in a degree or diploma at an eligible institution. The	72661
deduction may be claimed only to the extent that qualified tuition	72662
and fees are not otherwise deducted or excluded for any taxable	72663
year from federal or Ohio adjusted gross income. The deduction may	72664
not be claimed for educational expenses for which the taxpayer	72665
claims a credit under section 5747.27 of the Revised Code.	72666

(19) Add any reimbursement received during the taxable year	72667
of any amount the taxpayer deducted under division (A)(18) of this	72668
section in any previous taxable year to the extent the amount is	72669
not otherwise included in Ohio adjusted gross income.	72670

(20)(a)(i) Add five-sixths of the amount of depreciation	72671
expense allowed by subsection (k) of section 168 of the Internal	72672
Revenue Code, including the taxpayer's proportionate or	72673
distributive share of the amount of depreciation expense allowed	72674
by that subsection to a pass-through entity in which the taxpayer	72675
has a direct or indirect ownership interest.	72676

(ii) Add five-sixths of the amount of qualifying section 179	72677
depreciation expense, including a person's proportionate or	72678
distributive share of the amount of qualifying section 179	72679
depreciation expense allowed to any pass-through entity in which	72680
the person has a direct or indirect ownership. For the purposes of	72681
this division, "qualifying section 179 depreciation expense" means	72682
the difference between (I) the amount of depreciation expense	72683
directly or indirectly allowed to the taxpayer under section 179	72684
of the Internal Revenue Code, and (II) the amount of depreciation	72685
expense directly or indirectly allowed to the taxpayer under	72686
section 179 of the Internal Revenue Code as that section existed	72687
on December 31, 2002.	72688

The tax commissioner, under procedures established by the	72689
commissioner, may waive the add-backs related to a pass-through	72690
entity if the taxpayer owns, directly or indirectly, less than	72691
five per cent of the pass-through entity.	72692

(b) Nothing in division (A)(20) of this section shall be	72693
construed to adjust or modify the adjusted basis of any asset.	72694

(c) To the extent the add-back required under division	72695
(A)(20)(a) of this section is attributable to property generating	72696
nonbusiness income or loss allocated under section 5747.20 of the	72697
Revised Code, the add-back shall be sitused to the same location	72698
as the nonbusiness income or loss generated by the property for	72699
the purpose of determining the credit under division (A) of	72700
section 5747.05 of the Revised Code. Otherwise, the add-back shall	72701
be apportioned, subject to one or more of the four alternative	72702
methods of apportionment enumerated in section 5747.21 of the	72703
Revised Code.	72704

(d) For the purposes of division (A) of this section, net	72705
operating loss carryback and carryforward shall not include	72706
five-sixths of the allowance of any net operating loss deduction	72707
carryback or carryforward to the taxable year to the extent such	72708
loss resulted from depreciation allowed by section 168(k) of the	72709
Internal Revenue Code and by the qualifying section 179	72710
depreciation expense amount.	72711

(21)(a) If the taxpayer was required to add an amount under	72712
division (A)(20)(a) of this section for a taxable year, deduct	72713
one-fifth of the amount so added for each of the five succeeding	72714
taxable years.	72715

(b) If the amount deducted under division (A)(21)(a) of this	72716
section is attributable to an add-back allocated under division	72717
(A)(20)(c) of this section, the amount deducted shall be sitused	72718
to the same location. Otherwise, the add-back shall be apportioned	72719
using the apportionment factors for the taxable year in which the	72720
deduction is taken, subject to one or more of the four alternative	72721
methods of apportionment enumerated in section 5747.21 of the	72722
Revised Code.	72723

(c) No deduction is available under division (A)(21)(a) of	72724
this section with regard to any depreciation allowed by section	72725
168(k) of the Internal Revenue Code and by the qualifying section	72726
179 depreciation expense amount to the extent that such	72727
depreciation resulted in or increased a federal net operating loss	72728
carryback or carryforward to a taxable year to which division	72729
(A)(20)(d) of this section does not apply.	72730

(22) Deduct, to the extent not otherwise deducted or excluded	72731
in computing federal or Ohio adjusted gross income for the taxable	72732
year, the amount the taxpayer received during the taxable year as	72733
reimbursement for life insurance premiums under section 5919.31 of	72734
the Revised Code.	72735

(23) Deduct, to the extent not otherwise deducted or excluded	72736
in computing federal or Ohio adjusted gross income for the taxable	72737
year, the amount the taxpayer received during the taxable year as	72738
a death benefit paid by the adjutant general under section 5919.33	72739
of the Revised Code.	72740

(24) Deduct, to the extent included in federal adjusted gross	72741
income and not otherwise allowable as a deduction or exclusion in	72742
computing federal or Ohio adjusted gross income for the taxable	72743
year, military pay and allowances received by the taxpayer during	72744
the taxable year for active duty service in the United States	72745
army, air force, navy, marine corps, or coast guard or reserve	72746
components thereof or the national guard. The deduction may not be	72747
claimed for military pay and allowances received by the taxpayer	72748
while the taxpayer is stationed in this state.	72749

(25) Deduct, to the extent not otherwise allowable as a	72750
deduction or exclusion in computing federal or Ohio adjusted gross	72751
income for the taxable year and not otherwise compensated for by	72752
any other source, the amount of qualified organ donation expenses	72753
incurred by the taxpayer during the taxable year, not to exceed	72754
ten thousand dollars. A taxpayer may deduct qualified organ	72755
donation expenses only once for all taxable years beginning with	72756
taxable years beginning in 2007.	72757

For the purposes of division (A)(25) of this section:

72758

(a) "Human organ" means all or any portion of a human liver,	72759
pancreas, kidney, intestine, or lung, and any portion of human	72760
bone marrow.	72761

(b) "Qualified organ donation expenses" means travel	72762
expenses, lodging expenses, and wages and salary forgone by a	72763
taxpayer in connection with the taxpayer's donation, while living,	72764
of one or more of the taxpayer's human organs to another human	72765
being.	72766

(26) Deduct, to the extent not otherwise deducted or excluded	72767
in computing federal or Ohio adjusted gross income for the taxable	72768
year, amounts received by the taxpayer as retired military	72769
personnel pay for service in the United States army, navy, air	72770
force, coast guard, or marine corps or reserve components thereof,	72771
or the national guard, or received by the surviving spouse or	72772
former spouse of such a taxpayer under the survivor benefit plan	72773
on account of such a taxpayer's death. If the taxpayer receives	72774
income on account of retirement paid under the federal civil	72775
service retirement system or federal employees retirement system,	72776
or under any successor retirement program enacted by the congress	72777
of the United States that is established and maintained for	72778
retired employees of the United States government, and such	72779
retirement income is based, in whole or in part, on credit for the	72780
taxpayer's military service, the deduction allowed under this	72781
division shall include only that portion of such retirement income	72782
that is attributable to the taxpayer's military service, to the	72783
extent that portion of such retirement income is otherwise	72784
included in federal adjusted gross income and is not otherwise	72785
deducted under this section. Any amount deducted under division	72786
(A)(26) of this section is not included in a taxpayer's adjusted	72787
gross income for the purposes of section 5747.055 of the Revised	72788
Code. No amount may be deducted under division (A)(26) of this	72789
section on the basis of which a credit was claimed under section	72790
5747.055 of the Revised Code.	72791

(27) Deduct, to the extent not otherwise deducted or excluded	72792
in computing federal or Ohio adjusted gross income for the taxable	72793
year, the amount the taxpayer received during the taxable year	72794
from the military injury relief fund created in section 5101.98 of	72795
the Revised Code.	72796

(28) Deduct, to the extent not otherwise deducted or excluded	72797
in computing federal or Ohio adjusted gross income for the taxable	72798
year, the amount the taxpayer received as a veterans bonus during	72799
the taxable year from the Ohio department of veterans services as	72800
authorized by Section 2r of Article VIII, Ohio Constitution.	72801

(29) Deduct, to the extent not otherwise deducted or excluded	72802
in computing federal or Ohio adjusted gross income for the taxable	72803
year, any loss from wagering transactions that is allowed as an	72804
itemized deduction under section 165 of the Internal Revenue Code	72805
and that the taxpayer deducted in computing federal taxable	72806
income.	72807

(30) Deduct, to the extent not otherwise deducted or excluded	72808
in computing federal or Ohio adjusted gross income for the taxable	72809
year, any income derived from providing public services under a	72810
contract through a project owned by the state, as described in	72811
section 126.604 of the Revised Code or derived from a transfer	72812
agreement or from the enterprise transferred under that agreement	72813
under section 4313.02 of the Revised Code.	72814

(31) Deduct, to the extent not otherwise deducted or excluded	72815
in computing federal or Ohio adjusted gross income for the taxable	72816
year, Ohio college opportunity or federal Pell grant amounts	72817
received by the taxpayer or the taxpayer's spouse or dependent	72818
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	72819
1070a, et seq., and used to pay room or board furnished by the	72820
educational institution for which the grant was awarded at the	72821
institution's facilities, including meal plans administered by the	72822
institution. For the purposes of this division, receipt of a grant	72823
includes the distribution of a grant directly to an educational	72824
institution and the crediting of the grant to the enrollee's	72825
account with the institution.	72826

(B) "Business income" means income, including gain or loss,	72827
arising from transactions, activities, and sources in the regular	72828
course of a trade or business and includes income, gain, or loss	72829
from real property, tangible property, and intangible property if	72830
the acquisition, rental, management, and disposition of the	72831
property constitute integral parts of the regular course of a	72832
trade or business operation. "Business income" includes income,	72833
including gain or loss, from a partial or complete liquidation of	72834
a business, including, but not limited to, gain or loss from the	72835
sale or other disposition of goodwill.	72836

(C) "Nonbusiness income" means all income other than business	72837
income and may include, but is not limited to, compensation, rents	72838
and royalties from real or tangible personal property, capital	72839
gains, interest, dividends and distributions, patent or copyright	72840
royalties, or lottery winnings, prizes, and awards.	72841

(D) "Compensation" means any form of remuneration paid to an	72842
employee for personal services.	72843

(E) "Fiduciary" means a guardian, trustee, executor,	72844
administrator, receiver, conservator, or any other person acting	72845
in any fiduciary capacity for any individual, trust, or estate.	72846

(F) "Fiscal year" means an accounting period of twelve months	72847
ending on the last day of any month other than December.	72848

(G) "Individual" means any natural person.

72849

(H) "Internal Revenue Code" means the "Internal Revenue Code	72850
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	72851

(I) "Resident" means any of the following, provided that	72852
division (I)(3) of this section applies only to taxable years of a	72853
trust beginning in 2002 or thereafter:	72854

(1) An individual who is domiciled in this state, subject to	72855
section 5747.24 of the Revised Code;	72856

(2) The estate of a decedent who at the time of death was	72857
domiciled in this state. The domicile tests of section 5747.24 of	72858
the Revised Code are not controlling for purposes of division	72859
(I)(2) of this section.	72860

(3) A trust that, in whole or part, resides in this state. If	72861
only part of a trust resides in this state, the trust is a	72862
resident only with respect to that part.	72863

For the purposes of division (I)(3) of this section:

72864

(a) A trust resides in this state for the trust's current	72865
taxable year to the extent, as described in division (I)(3)(d) of	72866
this section, that the trust consists directly or indirectly, in	72867
whole or in part, of assets, net of any related liabilities, that	72868
were transferred, or caused to be transferred, directly or	72869
indirectly, to the trust by any of the following:	72870

(i) A person, a court, or a governmental entity or	72871
instrumentality on account of the death of a decedent, but only if	72872
the trust is described in division (I)(3)(e)(i) or (ii) of this	72873
section;	72874

(ii) A person who was domiciled in this state for the	72875
purposes of this chapter when the person directly or indirectly	72876
transferred assets to an irrevocable trust, but only if at least	72877
one of the trust's qualifying beneficiaries is domiciled in this	72878
state for the purposes of this chapter during all or some portion	72879
of the trust's current taxable year;	72880

(iii) A person who was domiciled in this state for the	72881
purposes of this chapter when the trust document or instrument or	72882
part of the trust document or instrument became irrevocable, but	72883
only if at least one of the trust's qualifying beneficiaries is a	72884
resident domiciled in this state for the purposes of this chapter	72885
during all or some portion of the trust's current taxable year. If	72886
a trust document or instrument became irrevocable upon the death	72887
of a person who at the time of death was domiciled in this state	72888
for purposes of this chapter, that person is a person described in	72889
division (I)(3)(a)(iii) of this section.	72890

(b) A trust is irrevocable to the extent that the transferor	72891
is not considered to be the owner of the net assets of the trust	72892
under sections 671 to 678 of the Internal Revenue Code.	72893

(c) With respect to a trust other than a charitable lead	72894
trust, "qualifying beneficiary" has the same meaning as "potential	72895
current beneficiary" as defined in section 1361(e)(2) of the	72896
Internal Revenue Code, and with respect to a charitable lead trust	72897
"qualifying beneficiary" is any current, future, or contingent	72898
beneficiary, but with respect to any trust "qualifying	72899
beneficiary" excludes a person or a governmental entity or	72900
instrumentality to any of which a contribution would qualify for	72901
the charitable deduction under section 170 of the Internal Revenue	72902
Code.	72903

(d) For the purposes of division (I)(3)(a) of this section,	72904
the extent to which a trust consists directly or indirectly, in	72905
whole or in part, of assets, net of any related liabilities, that	72906
were transferred directly or indirectly, in whole or part, to the	72907
trust by any of the sources enumerated in that division shall be	72908
ascertained by multiplying the fair market value of the trust's	72909
assets, net of related liabilities, by the qualifying ratio, which	72910
shall be computed as follows:	72911

(i) The first time the trust receives assets, the numerator	72912
of the qualifying ratio is the fair market value of those assets	72913
at that time, net of any related liabilities, from sources	72914
enumerated in division (I)(3)(a) of this section. The denominator	72915
of the qualifying ratio is the fair market value of all the	72916
trust's assets at that time, net of any related liabilities.	72917

(ii) Each subsequent time the trust receives assets, a	72918
revised qualifying ratio shall be computed. The numerator of the	72919
revised qualifying ratio is the sum of (1) the fair market value	72920
of the trust's assets immediately prior to the subsequent	72921
transfer, net of any related liabilities, multiplied by the	72922
qualifying ratio last computed without regard to the subsequent	72923
transfer, and (2) the fair market value of the subsequently	72924
transferred assets at the time transferred, net of any related	72925
liabilities, from sources enumerated in division (I)(3)(a) of this	72926
section. The denominator of the revised qualifying ratio is the	72927
fair market value of all the trust's assets immediately after the	72928
subsequent transfer, net of any related liabilities.	72929

(iii) Whether a transfer to the trust is by or from any of	72930
the sources enumerated in division (I)(3)(a) of this section shall	72931
be ascertained without regard to the domicile of the trust's	72932
beneficiaries.	72933

(e) For the purposes of division (I)(3)(a)(i) of this	72934
section:	72935

(i) A trust is described in division (I)(3)(e)(i) of this	72936
section if the trust is a testamentary trust and the testator of	72937
that testamentary trust was domiciled in this state at the time of	72938
the testator's death for purposes of the taxes levied under	72939
Chapter 5731. of the Revised Code.	72940

(ii) A trust is described in division (I)(3)(e)(ii) of this	72941
section if the transfer is a qualifying transfer described in any	72942
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	72943
irrevocable inter vivos trust, and at least one of the trust's	72944
qualifying beneficiaries is domiciled in this state for purposes	72945
of this chapter during all or some portion of the trust's current	72946
taxable year.	72947

(f) For the purposes of division (I)(3)(e)(ii) of this	72948
section, a "qualifying transfer" is a transfer of assets, net of	72949
any related liabilities, directly or indirectly to a trust, if the	72950
transfer is described in any of the following:	72951

(i) The transfer is made to a trust, created by the decedent	72952
before the decedent's death and while the decedent was domiciled	72953
in this state for the purposes of this chapter, and, prior to the	72954
death of the decedent, the trust became irrevocable while the	72955
decedent was domiciled in this state for the purposes of this	72956
chapter.	72957

(ii) The transfer is made to a trust to which the decedent,	72958
prior to the decedent's death, had directly or indirectly	72959
transferred assets, net of any related liabilities, while the	72960
decedent was domiciled in this state for the purposes of this	72961
chapter, and prior to the death of the decedent the trust became	72962
irrevocable while the decedent was domiciled in this state for the	72963
purposes of this chapter.	72964

(iii) The transfer is made on account of a contractual	72965
relationship existing directly or indirectly between the	72966
transferor and either the decedent or the estate of the decedent	72967
at any time prior to the date of the decedent's death, and the	72968
decedent was domiciled in this state at the time of death for	72969
purposes of the taxes levied under Chapter 5731. of the Revised	72970
Code.	72971

(iv) The transfer is made to a trust on account of a	72972
contractual relationship existing directly or indirectly between	72973
the transferor and another person who at the time of the	72974
decedent's death was domiciled in this state for purposes of this	72975
chapter.	72976

(v) The transfer is made to a trust on account of the will of	72977
a testator who was domiciled in this state at the time of the	72978
testator's death for purposes of the taxes levied under Chapter	72979
5731. of the Revised Code.	72980

(vi) The transfer is made to a trust created by or caused to	72981
be created by a court, and the trust was directly or indirectly	72982
created in connection with or as a result of the death of an	72983
individual who, for purposes of the taxes levied under Chapter	72984
5731. of the Revised Code, was domiciled in this state at the time	72985
of the individual's death.	72986

(g) The tax commissioner may adopt rules to ascertain the	72987
part of a trust residing in this state.	72988

(J) "Nonresident" means an individual or estate that is not a	72989
resident. An individual who is a resident for only part of a	72990
taxable year is a nonresident for the remainder of that taxable	72991
year.	72992

(K) "Pass-through entity" has the same meaning as in section	72993
5733.04 of the Revised Code.	72994

(L) "Return" means the notifications and reports required to	72995
be filed pursuant to this chapter for the purpose of reporting the	72996
tax due and includes declarations of estimated tax when so	72997
required.	72998

(M) "Taxable year" means the calendar year or the taxpayer's	72999
fiscal year ending during the calendar year, or fractional part	73000
thereof, upon which the adjusted gross income is calculated	73001
pursuant to this chapter.	73002

(N) "Taxpayer" means any person subject to the tax imposed by	73003
section 5747.02 of the Revised Code or any pass-through entity	73004
that makes the election under division (D) of section 5747.08 of	73005
the Revised Code.	73006

(O) "Dependents" means dependents as defined in the Internal	73007
Revenue Code and as claimed in the taxpayer's federal income tax	73008
return for the taxable year or which the taxpayer would have been	73009
permitted to claim had the taxpayer filed a federal income tax	73010
return.	73011

(P) "Principal county of employment" means, in the case of a	73012
nonresident, the county within the state in which a taxpayer	73013
performs services for an employer or, if those services are	73014
performed in more than one county, the county in which the major	73015
portion of the services are performed.	73016

(Q) As used in sections 5747.50 to 5747.55 of the Revised	73017
Code:	73018

(1) "Subdivision" means any county, municipal corporation,	73019
park district, or township.	73020

(2) "Essential local government purposes" includes all	73021
functions that any subdivision is required by general law to	73022
exercise, including like functions that are exercised under a	73023
charter adopted pursuant to the Ohio Constitution.	73024

(R) "Overpayment" means any amount already paid that exceeds	73025
the figure determined to be the correct amount of the tax.	73026

(S) "Taxable income" or "Ohio taxable income" applies only to	73027
estates and trusts, and means federal taxable income, as defined	73028
and used in the Internal Revenue Code, adjusted as follows:	73029

(1) Add interest or dividends, net of ordinary, necessary,	73030
and reasonable expenses not deducted in computing federal taxable	73031
income, on obligations or securities of any state or of any	73032
political subdivision or authority of any state, other than this	73033
state and its subdivisions and authorities, but only to the extent	73034
that such net amount is not otherwise includible in Ohio taxable	73035
income and is described in either division (S)(1)(a) or (b) of	73036
this section:	73037

(a) The net amount is not attributable to the S portion of an	73038
electing small business trust and has not been distributed to	73039
beneficiaries for the taxable year;	73040

(b) The net amount is attributable to the S portion of an	73041
electing small business trust for the taxable year.	73042

(2) Add interest or dividends, net of ordinary, necessary,	73043
and reasonable expenses not deducted in computing federal taxable	73044
income, on obligations of any authority, commission,	73045
instrumentality, territory, or possession of the United States to	73046
the extent that the interest or dividends are exempt from federal	73047
income taxes but not from state income taxes, but only to the	73048
extent that such net amount is not otherwise includible in Ohio	73049
taxable income and is described in either division (S)(1)(a) or	73050
(b) of this section;	73051

(3) Add the amount of personal exemption allowed to the	73052
estate pursuant to section 642(b) of the Internal Revenue Code;	73053

(4) Deduct interest or dividends, net of related expenses	73054
deducted in computing federal taxable income, on obligations of	73055
the United States and its territories and possessions or of any	73056
authority, commission, or instrumentality of the United States to	73057
the extent that the interest or dividends are exempt from state	73058
taxes under the laws of the United States, but only to the extent	73059
that such amount is included in federal taxable income and is	73060
described in either division (S)(1)(a) or (b) of this section;	73061

(5) Deduct the amount of wages and salaries, if any, not	73062
otherwise allowable as a deduction but that would have been	73063
allowable as a deduction in computing federal taxable income for	73064
the taxable year, had the targeted jobs credit allowed under	73065
sections 38, 51, and 52 of the Internal Revenue Code not been in	73066
effect, but only to the extent such amount relates either to	73067
income included in federal taxable income for the taxable year or	73068
to income of the S portion of an electing small business trust for	73069
the taxable year;	73070

(6) Deduct any interest or interest equivalent, net of	73071
related expenses deducted in computing federal taxable income, on	73072
public obligations and purchase obligations, but only to the	73073
extent that such net amount relates either to income included in	73074
federal taxable income for the taxable year or to income of the S	73075
portion of an electing small business trust for the taxable year;	73076

(7) Add any loss or deduct any gain resulting from sale,	73077
exchange, or other disposition of public obligations to the extent	73078
that such loss has been deducted or such gain has been included in	73079
computing either federal taxable income or income of the S portion	73080
of an electing small business trust for the taxable year;	73081

(8) Except in the case of the final return of an estate, add	73082
any amount deducted by the taxpayer on both its Ohio estate tax	73083
return pursuant to section 5731.14 of the Revised Code, and on its	73084
federal income tax return in determining federal taxable income;	73085

(9)(a) Deduct any amount included in federal taxable income	73086
solely because the amount represents a reimbursement or refund of	73087
expenses that in a previous year the decedent had deducted as an	73088
itemized deduction pursuant to section 63 of the Internal Revenue	73089
Code and applicable treasury regulations. The deduction otherwise	73090
allowed under division (S)(9)(a) of this section shall be reduced	73091
to the extent the reimbursement is attributable to an amount the	73092
taxpayer or decedent deducted under this section in any taxable	73093
year.	73094

(b) Add any amount not otherwise included in Ohio taxable	73095
income for any taxable year to the extent that the amount is	73096
attributable to the recovery during the taxable year of any amount	73097
deducted or excluded in computing federal or Ohio taxable income	73098
in any taxable year, but only to the extent such amount has not	73099
been distributed to beneficiaries for the taxable year.	73100

(10) Deduct any portion of the deduction described in section	73101
1341(a)(2) of the Internal Revenue Code, for repaying previously	73102
reported income received under a claim of right, that meets both	73103
of the following requirements:	73104

(a) It is allowable for repayment of an item that was	73105
included in the taxpayer's taxable income or the decedent's	73106
adjusted gross income for a prior taxable year and did not qualify	73107
for a credit under division (A) or (B) of section 5747.05 of the	73108
Revised Code for that year.	73109

(b) It does not otherwise reduce the taxpayer's taxable	73110
income or the decedent's adjusted gross income for the current or	73111
any other taxable year.	73112

(11) Add any amount claimed as a credit under section	73113
5747.059 or 5747.65 of the Revised Code to the extent that the	73114
amount satisfies either of the following:	73115

(a) The amount was deducted or excluded from the computation	73116
of the taxpayer's federal taxable income as required to be	73117
reported for the taxpayer's taxable year under the Internal	73118
Revenue Code;	73119

(b) The amount resulted in a reduction in the taxpayer's	73120
federal taxable income as required to be reported for any of the	73121
taxpayer's taxable years under the Internal Revenue Code.	73122

(12) Deduct any amount, net of related expenses deducted in	73123
computing federal taxable income, that a trust is required to	73124
report as farm income on its federal income tax return, but only	73125
if the assets of the trust include at least ten acres of land	73126
satisfying the definition of "land devoted exclusively to	73127
agricultural use" under section 5713.30 of the Revised Code,	73128
regardless of whether the land is valued for tax purposes as such	73129
land under sections 5713.30 to 5713.38 of the Revised Code. If the	73130
trust is a pass-through entity investor, section 5747.231 of the	73131
Revised Code applies in ascertaining if the trust is eligible to	73132
claim the deduction provided by division (S)(12) of this section	73133
in connection with the pass-through entity's farm income.	73134

Except for farm income attributable to the S portion of an	73135
electing small business trust, the deduction provided by division	73136
(S)(12) of this section is allowed only to the extent that the	73137
trust has not distributed such farm income. Division (S)(12) of	73138
this section applies only to taxable years of a trust beginning in	73139
2002 or thereafter.	73140

(13) Add the net amount of income described in section 641(c)	73141
of the Internal Revenue Code to the extent that amount is not	73142
included in federal taxable income.	73143

(14) Add or deduct the amount the taxpayer would be required	73144
to add or deduct under division (A)(20) or (21) of this section if	73145
the taxpayer's Ohio taxable income were computed in the same	73146
manner as an individual's Ohio adjusted gross income is computed	73147
under this section. In the case of a trust, division (S)(14) of	73148
this section applies only to any of the trust's taxable years	73149
beginning in 2002 or thereafter.	73150

(T) "School district income" and "school district income tax"	73151
have the same meanings as in section 5748.01 of the Revised Code.	73152

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	73153
of this section, "public obligations," "purchase obligations," and	73154
"interest or interest equivalent" have the same meanings as in	73155
section 5709.76 of the Revised Code.	73156

(V) "Limited liability company" means any limited liability	73157
company formed under Chapter 1705. of the Revised Code or under	73158
the laws of any other state.	73159

(W) "Pass-through entity investor" means any person who,	73160
during any portion of a taxable year of a pass-through entity, is	73161
a partner, member, shareholder, or equity investor in that	73162
pass-through entity.	73163

(X) "Banking day" has the same meaning as in section 1304.01	73164
of the Revised Code.	73165

(Y) "Month" means a calendar month.

73166

(Z) "Quarter" means the first three months, the second three	73167
months, the third three months, or the last three months of the	73168
taxpayer's taxable year.	73169

(AA)(1) "Eligible institution" means a state university or	73170
state institution of higher education as defined in section	73171
3345.011 of the Revised Code, or a private, nonprofit college,	73172
university, or other post-secondary institution located in this	73173
state that possesses a certificate of authorization issued by the	73174
Ohio board of regents pursuant to Chapter 1713. of the Revised	73175
Code or a certificate of registration issued by the state board of	73176
career colleges and schools under Chapter 3332. of the Revised	73177
Code.	73178

(2) "Qualified tuition and fees" means tuition and fees	73179
imposed by an eligible institution as a condition of enrollment or	73180
attendance, not exceeding two thousand five hundred dollars in	73181
each of the individual's first two years of post-secondary	73182
education. If the individual is a part-time student, "qualified	73183
tuition and fees" includes tuition and fees paid for the academic	73184
equivalent of the first two years of post-secondary education	73185
during a maximum of five taxable years, not exceeding a total of	73186
five thousand dollars. "Qualified tuition and fees" does not	73187
include:	73188

(a) Expenses for any course or activity involving sports,	73189
games, or hobbies unless the course or activity is part of the	73190
individual's degree or diploma program;	73191

(b) The cost of books, room and board, student activity fees,	73192
athletic fees, insurance expenses, or other expenses unrelated to	73193
the individual's academic course of instruction;	73194

(c) Tuition, fees, or other expenses paid or reimbursed	73195
through an employer, scholarship, grant in aid, or other	73196
educational benefit program.	73197

(BB)(1) "Modified business income" means the business income	73198
included in a trust's Ohio taxable income after such taxable	73199
income is first reduced by the qualifying trust amount, if any.	73200

(2) "Qualifying trust amount" of a trust means capital gains	73201
and losses from the sale, exchange, or other disposition of equity	73202
or ownership interests in, or debt obligations of, a qualifying	73203
investee to the extent included in the trust's Ohio taxable	73204
income, but only if the following requirements are satisfied:	73205

(a) The book value of the qualifying investee's physical	73206
assets in this state and everywhere, as of the last day of the	73207
qualifying investee's fiscal or calendar year ending immediately	73208
prior to the date on which the trust recognizes the gain or loss,	73209
is available to the trust.	73210

(b) The requirements of section 5747.011 of the Revised Code	73211
are satisfied for the trust's taxable year in which the trust	73212
recognizes the gain or loss.	73213

Any gain or loss that is not a qualifying trust amount is	73214
modified business income, qualifying investment income, or	73215
modified nonbusiness income, as the case may be.	73216

(3) "Modified nonbusiness income" means a trust's Ohio	73217
taxable income other than modified business income, other than the	73218
qualifying trust amount, and other than qualifying investment	73219
income, as defined in section 5747.012 of the Revised Code, to the	73220
extent such qualifying investment income is not otherwise part of	73221
modified business income.	73222

(4) "Modified Ohio taxable income" applies only to trusts,	73223
and means the sum of the amounts described in divisions (BB)(4)(a)	73224
to (c) of this section:	73225

(a) The fraction, calculated under section 5747.013, and	73226
applying section 5747.231 of the Revised Code, multiplied by the	73227
sum of the following amounts:	73228

(i) The trust's modified business income;

73229

(ii) The trust's qualifying investment income, as defined in	73230
section 5747.012 of the Revised Code, but only to the extent the	73231
qualifying investment income does not otherwise constitute	73232
modified business income and does not otherwise constitute a	73233
qualifying trust amount.	73234

(b) The qualifying trust amount multiplied by a fraction, the	73235
numerator of which is the sum of the book value of the qualifying	73236
investee's physical assets in this state on the last day of the	73237
qualifying investee's fiscal or calendar year ending immediately	73238
prior to the day on which the trust recognizes the qualifying	73239
trust amount, and the denominator of which is the sum of the book	73240
value of the qualifying investee's total physical assets	73241
everywhere on the last day of the qualifying investee's fiscal or	73242
calendar year ending immediately prior to the day on which the	73243
trust recognizes the qualifying trust amount. If, for a taxable	73244
year, the trust recognizes a qualifying trust amount with respect	73245
to more than one qualifying investee, the amount described in	73246
division (BB)(4)(b) of this section shall equal the sum of the	73247
products so computed for each such qualifying investee.	73248

(c)(i) With respect to a trust or portion of a trust that is	73249
a resident as ascertained in accordance with division (I)(3)(d) of	73250
this section, its modified nonbusiness income.	73251

(ii) With respect to a trust or portion of a trust that is	73252
not a resident as ascertained in accordance with division	73253
(I)(3)(d) of this section, the amount of its modified nonbusiness	73254
income satisfying the descriptions in divisions (B)(2) to (5) of	73255
section 5747.20 of the Revised Code, except as otherwise provided	73256
in division (BB)(4)(c)(ii) of this section. With respect to a	73257
trust or portion of a trust that is not a resident as ascertained	73258
in accordance with division (I)(3)(d) of this section, the trust's	73259
portion of modified nonbusiness income recognized from the sale,	73260
exchange, or other disposition of a debt interest in or equity	73261
interest in a section 5747.212 entity, as defined in section	73262
5747.212 of the Revised Code, without regard to division (A) of	73263
that section, shall not be allocated to this state in accordance	73264
with section 5747.20 of the Revised Code but shall be apportioned	73265
to this state in accordance with division (B) of section 5747.212	73266
of the Revised Code without regard to division (A) of that	73267
section.	73268

If the allocation and apportionment of a trust's income under	73269
divisions (BB)(4)(a) and (c) of this section do not fairly	73270
represent the modified Ohio taxable income of the trust in this	73271
state, the alternative methods described in division (C) of	73272
section 5747.21 of the Revised Code may be applied in the manner	73273
and to the same extent provided in that section.	73274

(5)(a) Except as set forth in division (BB)(5)(b) of this	73275
section, "qualifying investee" means a person in which a trust has	73276
an equity or ownership interest, or a person or unit of government	73277
the debt obligations of either of which are owned by a trust. For	73278
the purposes of division (BB)(2)(a) of this section and for the	73279
purpose of computing the fraction described in division (BB)(4)(b)	73280
of this section, all of the following apply:	73281

(i) If the qualifying investee is a member of a qualifying	73282
controlled group on the last day of the qualifying investee's	73283
fiscal or calendar year ending immediately prior to the date on	73284
which the trust recognizes the gain or loss, then "qualifying	73285
investee" includes all persons in the qualifying controlled group	73286
on such last day.	73287

(ii) If the qualifying investee, or if the qualifying	73288
investee and any members of the qualifying controlled group of	73289
which the qualifying investee is a member on the last day of the	73290
qualifying investee's fiscal or calendar year ending immediately	73291
prior to the date on which the trust recognizes the gain or loss,	73292
separately or cumulatively own, directly or indirectly, on the	73293
last day of the qualifying investee's fiscal or calendar year	73294
ending immediately prior to the date on which the trust recognizes	73295
the qualifying trust amount, more than fifty per cent of the	73296
equity of a pass-through entity, then the qualifying investee and	73297
the other members are deemed to own the proportionate share of the	73298
pass-through entity's physical assets which the pass-through	73299
entity directly or indirectly owns on the last day of the	73300
pass-through entity's calendar or fiscal year ending within or	73301
with the last day of the qualifying investee's fiscal or calendar	73302
year ending immediately prior to the date on which the trust	73303
recognizes the qualifying trust amount.	73304

(iii) For the purposes of division (BB)(5)(a)(iii) of this	73305
section, "upper level pass-through entity" means a pass-through	73306
entity directly or indirectly owning any equity of another	73307
pass-through entity, and "lower level pass-through entity" means	73308
that other pass-through entity.	73309

An upper level pass-through entity, whether or not it is also	73310
a qualifying investee, is deemed to own, on the last day of the	73311
upper level pass-through entity's calendar or fiscal year, the	73312
proportionate share of the lower level pass-through entity's	73313
physical assets that the lower level pass-through entity directly	73314
or indirectly owns on the last day of the lower level pass-through	73315
entity's calendar or fiscal year ending within or with the last	73316
day of the upper level pass-through entity's fiscal or calendar	73317
year. If the upper level pass-through entity directly and	73318
indirectly owns less than fifty per cent of the equity of the	73319
lower level pass-through entity on each day of the upper level	73320
pass-through entity's calendar or fiscal year in which or with	73321
which ends the calendar or fiscal year of the lower level	73322
pass-through entity and if, based upon clear and convincing	73323
evidence, complete information about the location and cost of the	73324
physical assets of the lower pass-through entity is not available	73325
to the upper level pass-through entity, then solely for purposes	73326
of ascertaining if a gain or loss constitutes a qualifying trust	73327
amount, the upper level pass-through entity shall be deemed as	73328
owning no equity of the lower level pass-through entity for each	73329
day during the upper level pass-through entity's calendar or	73330
fiscal year in which or with which ends the lower level	73331
pass-through entity's calendar or fiscal year. Nothing in division	73332
(BB)(5)(a)(iii) of this section shall be construed to provide for	73333
any deduction or exclusion in computing any trust's Ohio taxable	73334
income.	73335

(b) With respect to a trust that is not a resident for the	73336
taxable year and with respect to a part of a trust that is not a	73337
resident for the taxable year, "qualifying investee" for that	73338
taxable year does not include a C corporation if both of the	73339
following apply:	73340

(i) During the taxable year the trust or part of the trust	73341
recognizes a gain or loss from the sale, exchange, or other	73342
disposition of equity or ownership interests in, or debt	73343
obligations of, the C corporation.	73344

(ii) Such gain or loss constitutes nonbusiness income.

73345

(6) "Available" means information is such that a person is	73346
able to learn of the information by the due date plus extensions,	73347
if any, for filing the return for the taxable year in which the	73348
trust recognizes the gain or loss.	73349

(CC) "Qualifying controlled group" has the same meaning as in	73350
section 5733.04 of the Revised Code.	73351

(DD) "Related member" has the same meaning as in section	73352
5733.042 of the Revised Code.	73353

(EE)(1) For the purposes of division (EE) of this section:

73354

(a) "Qualifying person" means any person other than a	73355
qualifying corporation.	73356

(b) "Qualifying corporation" means any person classified for	73357
federal income tax purposes as an association taxable as a	73358
corporation, except either of the following:	73359

(i) A corporation that has made an election under subchapter	73360
S, chapter one, subtitle A, of the Internal Revenue Code for its	73361
taxable year ending within, or on the last day of, the investor's	73362
taxable year;	73363

(ii) A subsidiary that is wholly owned by any corporation	73364
that has made an election under subchapter S, chapter one,	73365
subtitle A of the Internal Revenue Code for its taxable year	73366
ending within, or on the last day of, the investor's taxable year.	73367

(2) For the purposes of this chapter, unless expressly stated	73368
otherwise, no qualifying person indirectly owns any asset directly	73369
or indirectly owned by any qualifying corporation.	73370

(FF) For purposes of this chapter and Chapter 5751. of the	73371
Revised Code:	73372

(1) "Trust" does not include a qualified pre-income tax	73373
trust.	73374

(2) A "qualified pre-income tax trust" is any pre-income tax	73375
trust that makes a qualifying pre-income tax trust election as	73376
described in division (FF)(3) of this section.	73377

(3) A "qualifying pre-income tax trust election" is an	73378
election by a pre-income tax trust to subject to the tax imposed	73379
by section 5751.02 of the Revised Code the pre-income tax trust	73380
and all pass-through entities of which the trust owns or controls,	73381
directly, indirectly, or constructively through related interests,	73382
five per cent or more of the ownership or equity interests. The	73383
trustee shall notify the tax commissioner in writing of the	73384
election on or before April 15, 2006. The election, if timely	73385
made, shall be effective on and after January 1, 2006, and shall	73386
apply for all tax periods and tax years until revoked by the	73387
trustee of the trust.	73388

(4) A "pre-income tax trust" is a trust that satisfies all of	73389
the following requirements:	73390

(a) The document or instrument creating the trust was	73391
executed by the grantor before January 1, 1972;	73392

(b) The trust became irrevocable upon the creation of the	73393
trust; and	73394

(c) The grantor was domiciled in this state at the time the	73395
trust was created.	73396

Sec. 5747.082. (A) As used in this section:

73397

(1) "Electronic technology" means electronic technology	73398
acceptable to the tax commissioner under division (B) of this	73399
section.	73400

(2) "Original tax return" means any report, return, or other	73401
tax document required to be filed under this chapter for the	73402
purpose of reporting the taxes due under, and withholdings	73403
required by, this chapter. "Original tax return" does not include	73404
an amended return or any declaration or form required by or filed	73405
in connection with section 5747.09 of the Revised Code.	73406

(3) "Related member" has the same meaning as in section	73407
5733.042 of the Revised Code.	73408

(4) "Tax return preparer" means any person that operates a	73409
business that prepares, or directly or indirectly employs another	73410
person to prepare, for a taxpayer an original tax return in	73411
exchange for compensation or remuneration from the taxpayer or the	73412
taxpayer's related member. With respect to the preparation of a	73413
return or application for refund under this chapter, "tax return	73414
preparer" does not include an individual who performs only one or	73415
more of the following activities:	73416

(a) Furnishes typing, reproducing, or other mechanical	73417
assistance;	73418

(b) Prepares an application for refund or a return on behalf	73419
of an employer by whom the individual is regularly and	73420
continuously employed, or on behalf of an officer or employee of	73421
that employer;	73422

(c) Prepares as a fiduciary an application for refund or a	73423
return;	73424

(d) Prepares an application for refund or a return for a	73425
taxpayer in response to a notice of deficiency issued to the	73426
taxpayer or the taxpayer's related member, or in response to a	73427
waiver of restriction after the commencement of an audit of the	73428
taxpayer or the taxpayer's related member.	73429

(B) Divisions (C) and (D) of this section apply to the filing	73430
of original tax returns that are due in a calendar year only if	73431
the tax commissioner, by the last day of the calendar year	73432
immediately preceding the calendar year in which such returns are	73433
due, has published on the department of taxation's official	73434
internet web site at least one method of electronic technology	73435
acceptable to the commissioner for filing such returns.	73436

(C) A tax return preparer that prepares more than	73437
seventy-five original tax returns during any calendar year that	73438
~~begins on or after January 1, 2008~~ends before January 1, 2013, or	73439
that prepares more than eleven original tax returns during any	73440
calendar year that begins on or after January 1, 2013, shall,	73441
~~beginning January 1, 2010,~~ use electronic technology to file with	73442
the tax commissioner all original tax returns prepared by the tax	73443
return preparer. This division does not apply to a tax return	73444
preparer ~~for a~~in any calendar year that ends before January 1,	73445
2013, if, during the previous calendar year, the tax return	73446
preparer prepared no more than twenty-five original tax returns.	73447
This division does not apply to a tax return preparer in any	73448
calendar year that begins on or after January 1, 2013, if, during	73449
the previous calendar year, the tax return preparer prepared not	73450
more than ten original tax returns.	73451

(D) If a tax return preparer required by this section to	73452
submit original tax returns by electronic technology files an	73453
original tax return by some means other than by electronic	73454
technology, the tax commissioner shall impose a penalty of fifty	73455
dollars for each return, in excess of seventy-five in a calendar	73456
year 2010, 2011, or 2012, or in excess of eleven in any calendar	73457
year thereafter, that is not filed by electronic technology. Upon	73458
good cause shown by the tax return preparer, the tax commissioner	73459
may waive all or any portion of the penalty or may refund all or	73460
any portion of the penalty the tax return preparer has paid.	73461

Sec. 5747.11. (A) The tax commissioner shall refund to	73462
employers, qualifying entities, or taxpayers, with respect to any	73463
tax imposed under section 5733.41, 5747.02, or 5747.41, or Chapter	73464
5748. of the Revised Code:	73465

(1) Overpayments of more than one dollar;

73466

(2) Amounts in excess of one dollar paid illegally or	73467
erroneously;	73468

(3) Amounts in excess of one dollar paid on an illegal,	73469
erroneous, or excessive assessment.	73470

(B) Except as otherwise provided under divisions ~~(D)~~(E) and	73471
~~(E)~~(F) of this section, applications for refund shall be filed	73472
with the tax commissioner, on the form prescribed by the	73473
commissioner, within four years from the date of the illegal,	73474
erroneous, or excessive payment of the tax, or within any	73475
additional period allowed by division (B)(3)(b) of section	73476
5747.05, division (B) of section 5747.10, division (A) of section	73477
5747.13, or division (C) of section 5747.45 of the Revised Code.	73478

On filing of the refund application, the commissioner shall	73479
determine the amount of refund due and certify such amount to the	73480
director of budget and management and treasurer of state for	73481
payment from the tax refund fund created by section 5703.052 of	73482
the Revised Code. Payment shall be made as provided in division	73483
(C) of section 126.35 of the Revised Code.	73484

(C) If a taxpayer claims a refundable credit against the tax	73485
imposed under section 5747.02 of the Revised Code, any payment	73486
that is refunded to the taxpayer as a result of the allowance of	73487
the credit shall not be considered an illegal, erroneous, or	73488
excessive payment for purposes of division (B) of this section. No	73489
interest shall be allowed on an amount refunded to a taxpayer to	73490
the extent that the refund results from the allowance of a	73491
refundable credit.	73492

(D)(1) Interest shall be allowed and paid upon any illegal or	73493
erroneous assessment in excess of one dollar in respect of the tax	73494
imposed under section 5747.02 or Chapter 5748. of the Revised Code	73495
at the rate per annum prescribed by section 5703.47 of the Revised	73496
Code ~~from the date of the payment of the illegal or erroneous~~	73497
~~assessment until the date the refund of such amount is paid. If~~	73498
~~such refund results from the filing of a return or report, or the~~	73499
~~payment accompanying such return or report, by an employer or~~	73500
~~taxpayer, rather than from an assessment by the commissioner, such~~	73501
~~interest shall run from a period ninety days after the final~~	73502
~~filing date of the annual return until the date the refund is~~	73503
~~paid~~.	73504

(2) Interest shall be allowed and paid at the rate per annum	73505
prescribed by section 5703.47 of the Revised Code upon any	73506
overpayment in excess of one dollar in respect of the tax imposed	73507
under section 5747.02 or Chapter 5748. of the Revised Code from	73508
the date of the overpayment until the date of the refund of the	73509
overpayment, except that if any overpayment is refunded within	73510
ninety days after the final filing date of the annual return or	73511
ninety days after the return is filed, whichever is later, no	73512
interest shall be allowed on such overpayment. If the overpayment	73513
results from the carryback of a net operating loss or net capital	73514
loss to a previous taxable year, the overpayment is deemed not to	73515
have been made prior to the filing date, including any extension	73516
thereof, for the taxable year in which the net operating loss or	73517
net capital loss arises. For purposes of the payment of interest	73518
on overpayments, no amount of tax, for any taxable year, shall be	73519
treated as having been paid before the date on which the tax	73520
return for that year was due without regard to any extension of	73521
time for filing such return.	73522

(3) Interest shall be allowed at the rate per annum	73523
prescribed by section 5703.47 of the Revised Code on amounts	73524
refunded with respect to the taxes imposed under sections 5733.41	73525
and 5747.41 of the Revised Code. The interest shall run from	73526
whichever of the following days is the latest until the day the	73527
refund is paid: the day the illegal, erroneous, or excessive	73528
payment was made; the ninetieth day after the final day the annual	73529
report was required to be filed under section 5747.42 of the	73530
Revised Code; or the ninetieth day after the day that report was	73531
filed.	73532

~~(D)~~(4) If an amount refunded with respect to any tax imposed	73533
under section 5733.41, 5747.02, or 5747.41 or Chapter 5748. of the	73534
Revised Code results from the filing of an amended return or	73535
report, or the payment accompanying an amended return or report,	73536
by an employer or taxpayer, interest on the amount refunded shall	73537
run from the date the amended return or report was filed, as	73538
determined under division (H) of section 5747.08 of the Revised	73539
Code, until the date the refund is paid.	73540

(E) "Ninety days" shall be substituted for "four years" in	73541
division (B) of this section if the taxpayer satisfies both of the	73542
following conditions:	73543

(1) The taxpayer has applied for a refund based in whole or	73544
in part upon section 5747.059 of the Revised Code;	73545

(2) The taxpayer asserts that either the imposition or	73546
collection of the tax imposed or charged by this chapter or any	73547
portion of such tax violates the Constitution of the United States	73548
or the Constitution of Ohio.	73549

~~(E)~~(F)(1) Division ~~(E)~~(F)(2) of this section applies only if	73550
all of the following conditions are satisfied:	73551

(a) A qualifying entity pays an amount of the tax imposed by	73552
section 5733.41 or 5747.41 of the Revised Code;	73553

(b) The taxpayer is a qualifying investor as to that	73554
qualifying entity;	73555

(c) The taxpayer did not claim the credit provided for in	73556
section 5747.059 of the Revised Code as to the tax described in	73557
division ~~(E)~~(F)(1)(a) of this section;	73558

(d) The four-year period described in division (B) of this	73559
section has ended as to the taxable year for which the taxpayer	73560
otherwise would have claimed that credit.	73561

(2) A taxpayer shall file an application for refund pursuant	73562
to division ~~(E)~~(F) of this section within one year after the date	73563
the payment described in division ~~(E)~~(F)(1)(a) of this section is	73564
made. An application filed under division ~~(E)~~(F)(2) of this	73565
section shall claim refund only of overpayments resulting from the	73566
taxpayer's failure to claim the credit described in division	73567
~~(E)~~(F)(1)(c) of this section. Nothing in division ~~(E)~~(F) of this	73568
section shall be construed to relieve a taxpayer from complying	73569
with division (A)(16) of section 5747.01 of the Revised Code.	73570

Sec. 5747.65. There is hereby allowed a refundable credit	73571
against the tax imposed under section 5747.02 of the Revised Code.	73572
The amount of the credit shall equal the taxpayer's proportionate	73573
share of the lesser of either the tax due or the tax paid for the	73574
tax imposed by section 5726.02 of the Revised Code by a	73575
pass-through entity for the pass-through entity's taxable year	73576
ending in the taxpayer's taxable year.	73577

The taxpayer shall claim the credit for the taxpayer's	73578
taxable year that includes the last day of the pass-through	73579
entity's taxable year. For purposes of making tax payments under	73580
this chapter, taxes equal to the amount of the credit shall be	73581
considered to be paid by the taxpayer on the day the pass-through	73582
entity pays to the treasurer of state the amount due for the tax	73583
imposed by section 5726.02 of the Revised Code.	73584

In claiming the credit and determining the taxpayer's	73585
proportionate share of the tax due and the tax paid by a	73586
pass-through entity, the taxpayer shall follow the concepts set	73587
forth in subchapters J and K of the Internal Revenue Code.	73588

The credit shall be claimed in the order required under	73589
section 5747.98 of the Revised Code. If the amount of the credit	73590
exceeds the amount of tax otherwise due under section 5747.02 of	73591
the Revised Code after deduction of all other credits in that	73592
order, the taxpayer is entitled to a refund of the excess.	73593

Sec. 5747.98. (A) To provide a uniform procedure for	73594
calculating the amount of tax due under section 5747.02 of the	73595
Revised Code, a taxpayer shall claim any credits to which the	73596
taxpayer is entitled in the following order:	73597

(1) The retirement income credit under division (B) of	73598
section 5747.055 of the Revised Code;	73599

(2) The senior citizen credit under division (C) of section	73600
5747.05 of the Revised Code;	73601

(3) The lump sum distribution credit under division (D) of	73602
section 5747.05 of the Revised Code;	73603

(4) The dependent care credit under section 5747.054 of the	73604
Revised Code;	73605

(5) The lump sum retirement income credit under division (C)	73606
of section 5747.055 of the Revised Code;	73607

(6) The lump sum retirement income credit under division (D)	73608
of section 5747.055 of the Revised Code;	73609

(7) The lump sum retirement income credit under division (E)	73610
of section 5747.055 of the Revised Code;	73611

(8) The low-income credit under section 5747.056 of the	73612
Revised Code;	73613

(9) The credit for displaced workers who pay for job training	73614
under section 5747.27 of the Revised Code;	73615

(10) The campaign contribution credit under section 5747.29	73616
of the Revised Code;	73617

(11) The twenty-dollar personal exemption credit under	73618
section 5747.022 of the Revised Code;	73619

(12) The joint filing credit under division (G) of section	73620
5747.05 of the Revised Code;	73621

(13) The nonresident credit under division (A) of section	73622
5747.05 of the Revised Code;	73623

(14) The credit for a resident's out-of-state income under	73624
division (B) of section 5747.05 of the Revised Code;	73625

(15) The credit for employers that enter into agreements with	73626
child day-care centers under section 5747.34 of the Revised Code;	73627

(16) The credit for employers that reimburse employee child	73628
care expenses under section 5747.36 of the Revised Code;	73629

(17) The credit for adoption of a minor child under section	73630
5747.37 of the Revised Code;	73631

(18) The credit for purchases of lights and reflectors under	73632
section 5747.38 of the Revised Code;	73633

(19) The nonrefundable job retention credit under division	73634
(B) of section 5747.058 of the Revised Code;	73635

(20) The credit for selling alternative fuel under section	73636
5747.77 of the Revised Code;	73637

(21) The second credit for purchases of new manufacturing	73638
machinery and equipment and the credit for using Ohio coal under	73639
section 5747.31 of the Revised Code;	73640

(22) The job training credit under section 5747.39 of the	73641
Revised Code;	73642

(23) The enterprise zone credit under section 5709.66 of the	73643
Revised Code;	73644

(24) The credit for the eligible costs associated with a	73645
voluntary action under section 5747.32 of the Revised Code;	73646

(25) The credit for employers that establish on-site child	73647
day-care centers under section 5747.35 of the Revised Code;	73648

(26) The ethanol plant investment credit under section	73649
5747.75 of the Revised Code;	73650

(27) The credit for purchases of qualifying grape production	73651
property under section 5747.28 of the Revised Code;	73652

(28) The small business investment credit under section	73653
5747.81 of the Revised Code;	73654

(29) The credit for research and development and technology	73655
transfer investors under section 5747.33 of the Revised Code;	73656

(30) The enterprise zone credits under section 5709.65 of the	73657
Revised Code;	73658

(31) The research and development credit under section	73659
5747.331 of the Revised Code;	73660

(32) The credit for rehabilitating a historic building under	73661
section 5747.76 of the Revised Code;	73662

(33) The refundable credit for rehabilitating a historic	73663
building under section 5747.76 of the Revised Code;	73664

(34) The refundable jobs creation credit or job retention	73665
credit under division (A) of section 5747.058 of the Revised Code;	73666

(35) The refundable credit for taxes paid by a qualifying	73667
entity granted under section 5747.059 of the Revised Code;	73668

(36) The refundable credits for taxes paid by a qualifying	73669
pass-through entity granted under division (J) of section 5747.08	73670
of the Revised Code;	73671

(37) The refundable credit for tax withheld under division	73672
(B)(1) of section 5747.062 of the Revised Code;	73673

(38) The refundable credit for tax withheld under section	73674
5747.063 of the Revised Code;	73675

(39) The refundable credit under section 5747.80 of the	73676
Revised Code for losses on loans made to the Ohio venture capital	73677
program under sections 150.01 to 150.10 of the Revised Code;	73678

(40) The refundable motion picture production credit under	73679
section 5747.66 of the Revised Code;	73680

(41) The refundable credit for financial institution taxes	73681
paid by a pass-through entity granted under section 5747.65 of the	73682
Revised Code.	73683

(B) For any credit, except the refundable credits enumerated	73684
in this section and the credit granted under division (I) of	73685
section 5747.08 of the Revised Code, the amount of the credit for	73686
a taxable year shall not exceed the tax due after allowing for any	73687
other credit that precedes it in the order required under this	73688
section. Any excess amount of a particular credit may be carried	73689
forward if authorized under the section creating that credit.	73690
Nothing in this chapter shall be construed to allow a taxpayer to	73691
claim, directly or indirectly, a credit more than once for a	73692
taxable year.	73693

Sec. 5751.01. As used in this chapter:

73694

(A) "Person" means, but is not limited to, individuals,	73695
combinations of individuals of any form, receivers, assignees,	73696
trustees in bankruptcy, firms, companies, joint-stock companies,	73697
business trusts, estates, partnerships, limited liability	73698
partnerships, limited liability companies, associations, joint	73699
ventures, clubs, societies, for-profit corporations, S	73700
corporations, qualified subchapter S subsidiaries, qualified	73701
subchapter S trusts, trusts, entities that are disregarded for	73702
federal income tax purposes, and any other entities.	73703

(B) "Consolidated elected taxpayer" means a group of two or	73704
more persons treated as a single taxpayer for purposes of this	73705
chapter as the result of an election made under section 5751.011	73706
of the Revised Code.	73707

(C) "Combined taxpayer" means a group of two or more persons	73708
treated as a single taxpayer for purposes of this chapter under	73709
section 5751.012 of the Revised Code.	73710

(D) "Taxpayer" means any person, or any group of persons in	73711
the case of a consolidated elected taxpayer or combined taxpayer	73712
treated as one taxpayer, required to register or pay tax under	73713
this chapter. "Taxpayer" does not include excluded persons.	73714

(E) "Excluded person" means any of the following:

73715

(1) Any person with not more than one hundred fifty thousand	73716
dollars of taxable gross receipts during the calendar year.	73717
Division (E)(1) of this section does not apply to a person that is	73718
a member of a consolidated elected taxpayer;	73719

(2) A public utility that paid the excise tax imposed by	73720
section 5727.24 or 5727.30 of the Revised Code based on one or	73721
more measurement periods that include the entire tax period under	73722
this chapter, except that a public utility that is a combined	73723
company is a taxpayer with regard to the following gross receipts:	73724

(a) Taxable gross receipts directly attributed to a public	73725
utility activity, but not directly attributed to an activity that	73726
is subject to the excise tax imposed by section 5727.24 or 5727.30	73727
of the Revised Code;	73728

(b) Taxable gross receipts that cannot be directly attributed	73729
to any activity, multiplied by a fraction whose numerator is the	73730
taxable gross receipts described in division (E)(2)(a) of this	73731
section and whose denominator is the total taxable gross receipts	73732
that can be directly attributed to any activity;	73733

(c) Except for any differences resulting from the use of an	73734
accrual basis method of accounting for purposes of determining	73735
gross receipts under this chapter and the use of the cash basis	73736
method of accounting for purposes of determining gross receipts	73737
under section 5727.24 of the Revised Code, the gross receipts	73738
directly attributed to the activity of a natural gas company shall	73739
be determined in a manner consistent with division (D) of section	73740
5727.03 of the Revised Code.	73741

As used in division (E)(2) of this section, "combined	73742
company" and "public utility" have the same meanings as in section	73743
5727.01 of the Revised Code.	73744

(3) A financial institution, as defined in section ~~5725.01~~	73745
5726.01 of the Revised Code, that paid the ~~corporation franchise~~	73746
tax ~~charged by division (D) of~~imposed by section ~~5733.06~~5726.02	73747
of the Revised Code based on one or more taxable years that	73748
include the entire tax period under this chapter;	73749

(4) ~~A dealer in intangibles, as defined in section 5725.01 of~~	73750
~~the Revised Code, that paid the dealer in intangibles tax levied~~	73751
~~by division (D) of section 5707.03 of the Revised Code based on~~	73752
~~one or more measurement periods that include the entire tax period~~	73753
~~under this chapter;~~	73754

~~(5) A financial holding company as defined in the "Bank~~	73755
~~Holding Company Act," 12 U.S.C. 1841(p);~~	73756

~~(6) A bank holding company as defined in the "Bank Holding~~	73757
~~Company Act," 12 U.S.C. 1841(a);~~	73758

~~(7) A savings and loan holding company as defined in the~~	73759
~~"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging~~	73760
~~only in activities or investments permissible for a financial~~	73761
~~holding company under 12 U.S.C. 1843(k);~~	73762

~~(8) A person directly or indirectly owned by one or more~~	73763
~~financial institutions, financial holding companies, bank holding~~	73764
~~companies, or savings and loan holding companies described in~~	73765
~~division (E)(3), (5), (6), or (7) of this section that is engaged~~	73766
~~in activities permissible for a financial holding company under 12~~	73767
~~U.S.C. 1843(k), except that any such person held pursuant to~~	73768
~~merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12~~	73769
~~U.S.C. 1843(k)(4)(I) is not an excluded person, or a person~~	73770
~~directly or indirectly owned by one or more insurance companies~~	73771
~~described in division (E)(9) of this section that is authorized to~~	73772
~~do the business of insurance in this state.~~	73773

~~For the purposes of division (E)(8) of this section, a person~~	73774
~~owns another person under the following circumstances:~~	73775

~~(a) In the case of corporations issuing capital stock, one~~	73776
~~corporation owns another corporation if it owns fifty per cent or~~	73777
~~more of the other corporation's capital stock with current voting~~	73778
~~rights;~~	73779

~~(b) In the case of a limited liability company, one person~~	73780
~~owns the company if that person's membership interest, as defined~~	73781
~~in section 1705.01 of the Revised Code, is fifty per cent or more~~	73782
~~of the combined membership interests of all persons owning such~~	73783
~~interests in the company~~;	73784

~~(c) In the case of a partnership, trust, or other~~	73785
~~unincorporated business organization other than a limited~~	73786
~~liability company, one person owns the organization if, under the~~	73787
~~articles of organization or other instrument governing the affairs~~	73788
~~of the organization, that person has a beneficial interest in the~~	73789
~~organization's profits, surpluses, losses, or distributions of~~	73790
~~fifty per cent or more of the combined beneficial interests of all~~	73791
~~persons having such an interest in the organization;~~	73792

~~(d) In the case of multiple ownership, the ownership~~	73793
~~interests of more than one person may be aggregated to meet the~~	73794
~~fifty per cent ownership tests in this division only when each~~	73795
~~such owner is described in division (E)(3), (5), (6), or (7) of~~	73796
~~this section and is engaged in activities permissible for a~~	73797
~~financial holding company under 12 U.S.C. 1843(k) or is a person~~	73798
~~directly or indirectly owned by one or more insurance companies~~	73799
~~described in division (E)(9) of this section that is authorized to~~	73800
~~do the business of insurance in this state.~~	73801

~~(9)~~ A domestic insurance company or foreign insurance	73802
company, as defined in section 5725.01 of the Revised Code, that	73803
paid the insurance company premiums tax imposed by section 5725.18	73804
or Chapter 5729. of the Revised Code based on one or more	73805
measurement periods that include the entire tax period under this	73806
chapter;	73807

~~(10) A person that solely facilitates or services one or more~~	73808
~~securitizations or similar transactions for any person described~~	73809
~~in division (E)(3), (5), (6), (7), (8), or (9) of this section.~~	73810
~~For purposes of this division, "securitization" means transferring~~	73811
~~one or more assets to one or more persons and then issuing~~	73812
~~securities backed by the right to receive payment from the asset~~	73813
~~or assets so transferred.~~	73814

~~(11)~~(5) Except as otherwise provided in this division, a	73815
pre-income tax trust as defined in division (FF)(4) of section	73816
5747.01 of the Revised Code and any pass-through entity of which	73817
such pre-income tax trust owns or controls, directly, indirectly,	73818
or constructively through related interests, more than five per	73819
cent of the ownership or equity interests. If the pre-income tax	73820
trust has made a qualifying pre-income tax trust election under	73821
division (FF)(3) of section 5747.01 of the Revised Code, then the	73822
trust and the pass-through entities of which it owns or controls,	73823
directly, indirectly, or constructively through related interests,	73824
more than five per cent of the ownership or equity interests,	73825
shall not be excluded persons for purposes of the tax imposed	73826
under section 5751.02 of the Revised Code.	73827

~~(12)~~(6) Nonprofit organizations or the state and its	73828
agencies, instrumentalities, or political subdivisions.	73829

(F) Except as otherwise provided in divisions (F)(2), (3),	73830
and (4) of this section, "gross receipts" means the total amount	73831
realized by a person, without deduction for the cost of goods sold	73832
or other expenses incurred, ~~that contributes to the production of~~	73833
~~gross income of the person,~~ including the fair market value of any	73834
property and any services received, and any debt transferred or	73835
forgiven as consideration.	73836

(1) The following are examples of gross receipts:

73837

(a) Amounts realized from the sale, exchange, or other	73838
disposition of the taxpayer's property to or with another;	73839

(b) Amounts realized from the taxpayer's performance of	73840
services for another;	73841

(c) Amounts realized from another's use or possession of the	73842
taxpayer's property or capital;	73843

(d) Any combination of the foregoing amounts.

73844

(2) "Gross receipts" excludes the following amounts:

73845

(a) Interest income except interest on credit sales;

73846

(b) Dividends and distributions from corporations, and	73847
distributive or proportionate shares of receipts and income from a	73848
pass-through entity as defined under section 5733.04 of the	73849
Revised Code;	73850

(c) Receipts from the sale, exchange, or other disposition of	73851
an asset described in section 1221 or 1231 of the Internal Revenue	73852
Code, without regard to the length of time the person held the	73853
asset. Notwithstanding section 1221 of the Internal Revenue Code,	73854
receipts from hedging transactions also are excluded to the extent	73855
the transactions are entered into primarily to protect a financial	73856
position, such as managing the risk of exposure to (i) foreign	73857
currency fluctuations that affect assets, liabilities, profits,	73858
losses, equity, or investments in foreign operations; (ii)	73859
interest rate fluctuations; or (iii) commodity price fluctuations.	73860
As used in division (F)(2)(c) of this section, "hedging	73861
transaction" has the same meaning as used in section 1221 of the	73862
Internal Revenue Code and also includes transactions accorded	73863
hedge accounting treatment under statement of financial accounting	73864
standards number 133 of the financial accounting standards board.	73865
For the purposes of division (F)(2)(c) of this section, the actual	73866
transfer of title of real or tangible personal property to another	73867
entity is not a hedging transaction.	73868

(d) Proceeds received attributable to the repayment,	73869
maturity, or redemption of the principal of a loan, bond, mutual	73870
fund, certificate of deposit, or marketable instrument;	73871

(e) The principal amount received under a repurchase	73872
agreement or on account of any transaction properly characterized	73873
as a loan to the person;	73874

(f) Contributions received by a trust, plan, or other	73875
arrangement, any of which is described in section 501(a) of the	73876
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	73877
1, Subchapter (D) of the Internal Revenue Code applies;	73878

(g) Compensation, whether current or deferred, and whether in	73879
cash or in kind, received or to be received by an employee, former	73880
employee, or the employee's legal successor for services rendered	73881
to or for an employer, including reimbursements received by or for	73882
an individual for medical or education expenses, health insurance	73883
premiums, or employee expenses, or on account of a dependent care	73884
spending account, legal services plan, any cafeteria plan	73885
described in section 125 of the Internal Revenue Code, or any	73886
similar employee reimbursement;	73887

(h) Proceeds received from the issuance of the taxpayer's own	73888
stock, options, warrants, puts, or calls, or from the sale of the	73889
taxpayer's treasury stock;	73890

(i) Proceeds received on the account of payments from	73891
insurance policies, except those proceeds received for the loss of	73892
business revenue;	73893

(j) Gifts or charitable contributions received; membership	73894
dues received by trade, professional, homeowners', or condominium	73895
associations; and payments received for educational courses,	73896
meetings, meals, or similar payments to a trade, professional, or	73897
other similar association; and fundraising receipts received by	73898
any person when any excess receipts are donated or used	73899
exclusively for charitable purposes;	73900

(k) Damages received as the result of litigation in excess of	73901
amounts that, if received without litigation, would be gross	73902
receipts;	73903

(l) Property, money, and other amounts received or acquired	73904
by an agent on behalf of another in excess of the agent's	73905
commission, fee, or other remuneration;	73906

(m) Tax refunds, other tax benefit recoveries, and	73907
reimbursements for the tax imposed under this chapter made by	73908
entities that are part of the same combined taxpayer or	73909
consolidated elected taxpayer group, and reimbursements made by	73910
entities that are not members of a combined taxpayer or	73911
consolidated elected taxpayer group that are required to be made	73912
for economic parity among multiple owners of an entity whose tax	73913
obligation under this chapter is required to be reported and paid	73914
entirely by one owner, pursuant to the requirements of sections	73915
5751.011 and 5751.012 of the Revised Code;	73916

(n) Pension reversions;

73917

(o) Contributions to capital;

73918

(p) Sales or use taxes collected as a vendor or an	73919
out-of-state seller on behalf of the taxing jurisdiction from a	73920
consumer or other taxes the taxpayer is required by law to collect	73921
directly from a purchaser and remit to a local, state, or federal	73922
tax authority;	73923

(q) In the case of receipts from the sale of cigarettes or	73924
tobacco products by a wholesale dealer, retail dealer,	73925
distributor, manufacturer, or seller, all as defined in section	73926
5743.01 of the Revised Code, an amount equal to the federal and	73927
state excise taxes paid by any person on or for such cigarettes or	73928
tobacco products under subtitle E of the Internal Revenue Code or	73929
Chapter 5743. of the Revised Code;	73930

(r) In the case of receipts from the sale of motor fuel by a	73931
licensed motor fuel dealer, licensed retail dealer, or licensed	73932
permissive motor fuel dealer, all as defined in section 5735.01 of	73933
the Revised Code, an amount equal to federal and state excise	73934
taxes paid by any person on such motor fuel under section 4081 of	73935
the Internal Revenue Code or Chapter 5735. of the Revised Code;	73936

(s) In the case of receipts from the sale of beer or	73937
intoxicating liquor, as defined in section 4301.01 of the Revised	73938
Code, by a person holding a permit issued under Chapter 4301. or	73939
4303. of the Revised Code, an amount equal to federal and state	73940
excise taxes paid by any person on or for such beer or	73941
intoxicating liquor under subtitle E of the Internal Revenue Code	73942
or Chapter 4301. or 4305. of the Revised Code;	73943

(t) Receipts realized by a new motor vehicle dealer or used	73944
motor vehicle dealer, as defined in section 4517.01 of the Revised	73945
Code, from the sale or other transfer of a motor vehicle, as	73946
defined in that section, to another motor vehicle dealer for the	73947
purpose of resale by the transferee motor vehicle dealer, but only	73948
if the sale or other transfer was based upon the transferee's need	73949
to meet a specific customer's preference for a motor vehicle;	73950

(u) Receipts from a financial institution described in	73951
division (E)(3) of this section for services provided to the	73952
financial institution in connection with the issuance, processing,	73953
servicing, and management of loans or credit accounts, if such	73954
financial institution and the recipient of such receipts have at	73955
least fifty per cent of their ownership interests owned or	73956
controlled, directly or constructively through related interests,	73957
by common owners;	73958

(v) Receipts realized from administering anti-neoplastic	73959
drugs and other cancer chemotherapy, biologicals, therapeutic	73960
agents, and supportive drugs in a physician's office to patients	73961
with cancer;	73962

(w) Funds received or used by a mortgage broker that is not a	73963
dealer in intangibles, other than fees or other consideration,	73964
pursuant to a table-funding mortgage loan or warehouse-lending	73965
mortgage loan. Terms used in division (F)(2)(w) of this section	73966
have the same meanings as in section 1322.01 of the Revised Code,	73967
except "mortgage broker" means a person assisting a buyer in	73968
obtaining a mortgage loan for a fee or other consideration paid by	73969
the buyer or a lender, or a person engaged in table-funding or	73970
warehouse-lending mortgage loans that are first lien mortgage	73971
loans.	73972

(x) Property, money, and other amounts received by a	73973
professional employer organization, as defined in section 4125.01	73974
of the Revised Code, from a client employer, as defined in that	73975
section, in excess of the administrative fee charged by the	73976
professional employer organization to the client employer;	73977

(y) In the case of amounts retained as commissions by a	73978
permit holder under Chapter 3769. of the Revised Code, an amount	73979
equal to the amounts specified under that chapter that must be	73980
paid to or collected by the tax commissioner as a tax and the	73981
amounts specified under that chapter to be used as purse money;	73982

(z) Qualifying distribution center receipts.

73983

(i) For purposes of division (F)(2)(z) of this section:

73984

(I) "Qualifying distribution center receipts" means receipts	73985
of a supplier from qualified property that is delivered to a	73986
qualified distribution center, multiplied by a quantity that	73987
equals one minus the Ohio delivery percentage.	73988

(II) "Qualified property" means tangible personal property	73989
delivered to a qualified distribution center that is shipped to	73990
that qualified distribution center solely for further shipping by	73991
the qualified distribution center to another location in this	73992
state or elsewhere. "Further shipping" includes storing and	73993
repackaging such property into smaller or larger bundles, so long	73994
as such property is not subject to further manufacturing or	73995
processing.	73996

(III) "Qualified distribution center" means a warehouse or	73997
other similar facility in this state that, for the qualifying	73998
year, is operated by a person that is not part of a combined	73999
taxpayer group and that has a qualifying certificate. However, all	74000
warehouses or other similar facilities that are operated by	74001
persons in the same taxpayer group and that are located within one	74002
mile of each other shall be treated as one qualified distribution	74003
center.	74004

(IV) "Qualifying year" means the calendar year to which the	74005
qualifying certificate applies.	74006

(V) "Qualifying period" means the period of the first day of	74007
July of the second year preceding the qualifying year through the	74008
thirtieth day of June of the year preceding the qualifying year.	74009

(VI) "Qualifying certificate" means the certificate issued by	74010
the tax commissioner after the operator of a distribution center	74011
files an annual application with the commissioner. The application	74012
and annual fee shall be filed and paid for each qualified	74013
distribution center on or before the first day of September before	74014
the qualifying year or within forty-five days after the	74015
distribution center opens, whichever is later.	74016

The applicant must substantiate to the commissioner's	74017
satisfaction that, for the qualifying period, all persons	74018
operating the distribution center have more than fifty per cent of	74019
the cost of the qualified property shipped to a location such that	74020
it would be sitused outside this state under the provisions of	74021
division (E) of section 5751.033 of the Revised Code. The	74022
applicant must also substantiate that the distribution center	74023
cumulatively had costs from its suppliers equal to or exceeding	74024
five hundred million dollars during the qualifying period. (For	74025
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	74026
excludes any person that is part of the consolidated elected	74027
taxpayer group, if applicable, of the operator of the qualified	74028
distribution center.) The commissioner may require the applicant	74029
to have an independent certified public accountant certify that	74030
the calculation of the minimum thresholds required for a qualified	74031
distribution center by the operator of a distribution center has	74032
been made in accordance with generally accepted accounting	74033
principles. The commissioner shall issue or deny the issuance of a	74034
certificate within sixty days after the receipt of the	74035
application. A denial is subject to appeal under section 5717.02	74036
of the Revised Code. If the operator files a timely appeal under	74037
section 5717.02 of the Revised Code, the operator shall be granted	74038
a qualifying certificate, provided that the operator is liable for	74039
any tax, interest, or penalty upon amounts claimed as qualifying	74040
distribution center receipts, other than those receipts exempt	74041
under division (C)(1) of section 5751.011 of the Revised Code,	74042
that would have otherwise not been owed by its suppliers if the	74043
qualifying certificate was valid.	74044

(VII) "Ohio delivery percentage" means the proportion of the	74045
total property delivered to a destination inside Ohio from the	74046
qualified distribution center during the qualifying period	74047
compared with total deliveries from such distribution center	74048
everywhere during the qualifying period.	74049

(ii) If the distribution center is new and was not open for	74050
the entire qualifying period, the operator of the distribution	74051
center may request that the commissioner grant a qualifying	74052
certificate. If the certificate is granted and it is later	74053
determined that more than fifty per cent of the qualified property	74054
during that year was not shipped to a location such that it would	74055
be sitused outside of this state under the provisions of division	74056
(E) of section 5751.033 of the Revised Code or if it is later	74057
determined that the person that operates the distribution center	74058
had average monthly costs from its suppliers of less than forty	74059
million dollars during that year, then the operator of the	74060
distribution center shall be liable for any tax, interest, or	74061
penalty upon amounts claimed as qualifying distribution center	74062
receipts, other than those receipts exempt under division (C)(1)	74063
of section 5751.011 of the Revised Code, that would have not	74064
otherwise been owed by its suppliers during the qualifying year if	74065
the qualifying certificate was valid. (For purposes of division	74066
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	74067
is part of the consolidated elected taxpayer group, if applicable,	74068
of the operator of the qualified distribution center.)	74069

(iii) When filing an application for a qualifying certificate	74070
under division (F)(2)(z)(i)(VI) of this section, the operator of a	74071
qualified distribution center also shall provide documentation, as	74072
the commissioner requires, for the commissioner to ascertain the	74073
Ohio delivery percentage. The commissioner, upon issuing the	74074
qualifying certificate, also shall certify the Ohio delivery	74075
percentage. The operator of the qualified distribution center may	74076
appeal the commissioner's certification of the Ohio delivery	74077
percentage in the same manner as an appeal is taken from the	74078
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	74079
of this section.	74080

Within thirty days after all appeals have been exhausted, the	74081
operator of the qualified distribution center shall notify the	74082
affected suppliers of qualified property that such suppliers are	74083
required to file, within sixty days after receiving notice from	74084
the operator of the qualified distribution center, amended reports	74085
for the impacted calendar quarter or quarters or calendar year,	74086
whichever the case may be. Any additional tax liability or tax	74087
overpayment shall be subject to interest but shall not be subject	74088
to the imposition of any penalty so long as the amended returns	74089
are timely filed. The supplier of tangible personal property	74090
delivered to the qualified distribution center shall include in	74091
its report of taxable gross receipts the receipts from the total	74092
sales of property delivered to the qualified distribution center	74093
for the calendar quarter or calendar year, whichever the case may	74094
be, multiplied by the Ohio delivery percentage for the qualifying	74095
year. Nothing in division (F)(2)(z)(iii) of this section shall be	74096
construed as imposing liability on the operator of a qualified	74097
distribution center for the tax imposed by this chapter arising	74098
from any change to the Ohio delivery percentage.	74099

(iv) In the case where the distribution center is new and not	74100
open for the entire qualifying period, the operator shall make a	74101
good faith estimate of an Ohio delivery percentage for use by	74102
suppliers in their reports of taxable gross receipts for the	74103
remainder of the qualifying period. The operator of the facility	74104
shall disclose to the suppliers that such Ohio delivery percentage	74105
is an estimate and is subject to recalculation. By the due date of	74106
the next application for a qualifying certificate, the operator	74107
shall determine the actual Ohio delivery percentage for the	74108
estimated qualifying period and proceed as provided in division	74109
(F)(2)(z)(iii) of this section with respect to the calculation and	74110
recalculation of the Ohio delivery percentage. The supplier is	74111
required to file, within sixty days after receiving notice from	74112
the operator of the qualified distribution center, amended reports	74113
for the impacted calendar quarter or quarters or calendar year,	74114
whichever the case may be. Any additional tax liability or tax	74115
overpayment shall be subject to interest but shall not be subject	74116
to the imposition of any penalty so long as the amended returns	74117
are timely filed.	74118

(v) Qualifying certificates and Ohio delivery percentages	74119
issued by the commissioner shall be open to public inspection and	74120
shall be timely published by the commissioner. A supplier relying	74121
in good faith on a certificate issued under this division shall	74122
not be subject to tax on the qualifying distribution center	74123
receipts under division (F)(2)(z) of this section. A person	74124
receiving a qualifying certificate is responsible for paying the	74125
tax, interest, and penalty upon amounts claimed as qualifying	74126
distribution center receipts that would not otherwise have been	74127
owed by the supplier if the qualifying certificate were available	74128
when it is later determined that the qualifying certificate should	74129
not have been issued because the statutory requirements were in	74130
fact not met.	74131

(vi) The annual fee for a qualifying certificate shall be one	74132
hundred thousand dollars for each qualified distribution center.	74133
If a qualifying certificate is not issued, the annual fee is	74134
subject to refund after the exhaustion of all appeals provided for	74135
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	74136
under this division may be assessed in the same manner as the tax	74137
imposed under this chapter. The first one hundred thousand dollars	74138
of the annual application fees collected each calendar year shall	74139
be credited to the ~~commercial activity tax administrative~~revenue	74140
enhancement fund. The remainder of the annual application fees	74141
collected shall be distributed in the same manner required under	74142
section 5751.20 of the Revised Code.	74143

(vii) The tax commissioner may require that adequate security	74144
be posted by the operator of the distribution center on appeal	74145
when the commissioner disagrees that the applicant has met the	74146
minimum thresholds for a qualified distribution center as set	74147
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	74148
section.	74149

(aa) Receipts of an employer from payroll deductions relating	74150
to the reimbursement of the employer for advancing moneys to an	74151
unrelated third party on an employee's behalf;	74152

(bb) Cash discounts allowed and taken;

74153

(cc) Returns and allowances;

74154

(dd) Bad debts from receipts on the basis of which the tax	74155
imposed by this chapter was paid in a prior quarterly tax payment	74156
period. For the purpose of this division, "bad debts" means any	74157
debts that have become worthless or uncollectible between the	74158
preceding and current quarterly tax payment periods, have been	74159
uncollected for at least six months, and that may be claimed as a	74160
deduction under section 166 of the Internal Revenue Code and the	74161
regulations adopted under that section, or that could be claimed	74162
as such if the taxpayer kept its accounts on the accrual basis.	74163
"Bad debts" does not include repossessed property, uncollectible	74164
amounts on property that remains in the possession of the taxpayer	74165
until the full purchase price is paid, or expenses in attempting	74166
to collect any account receivable or for any portion of the debt	74167
recovered;	74168

(ee) Any amount realized from the sale of an account	74169
receivable to the extent the receipts from the underlying	74170
transaction giving rise to the account receivable were included in	74171
the gross receipts of the taxpayer;	74172

(ff) Any receipts directly attributed to providing public	74173
services pursuant to sections 126.60 to 126.605 of the Revised	74174
Code, or any receipts directly attributed to a transfer agreement	74175
or to the enterprise transferred under that agreement under	74176
section 4313.02 of the Revised Code.	74177

(gg) ~~Any receipts for which the tax imposed by this chapter~~	74178
~~is prohibited by the Constitution or laws of the United States or~~	74179
~~the Constitution of Ohio.~~	74180

~~(hh)~~(i) As used in this division:

74181

(I) "Qualified uranium receipts" means receipts from the	74182
sale, exchange, lease, loan, production, processing, or other	74183
disposition of uranium within a uranium enrichment zone certified	74184
by the tax commissioner under division	74185
~~(F)(2)(hh)(ii)~~(F)(2)(gg)(ii) of this section. "Qualified uranium	74186
receipts" does not include any receipts with a situs in this state	74187
outside a uranium enrichment zone certified by the tax	74188
commissioner under division ~~(F)(2)(hh)(ii)~~(F)(2)(gg)(ii) of this	74189
section.	74190

(II) "Uranium enrichment zone" means all real property that	74191
is part of a uranium enrichment facility licensed by the United	74192
States nuclear regulatory commission and that was or is owned or	74193
controlled by the United States department of energy or its	74194
successor.	74195

(ii) Any person that owns, leases, or operates real or	74196
tangible personal property constituting or located within a	74197
uranium enrichment zone may apply to the tax commissioner to have	74198
the uranium enrichment zone certified for the purpose of excluding	74199
qualified uranium receipts under division ~~(F)(2)(hh)~~(F)(2)(gg) of	74200
this section. The application shall include such information that	74201
the tax commissioner prescribes. Within sixty days after receiving	74202
the application, the tax commissioner shall certify the zone for	74203
that purpose if the commissioner determines that the property	74204
qualifies as a uranium enrichment zone as defined in division	74205
~~(F)(2)(hh)~~(F)(2)(gg) of this section, or, if the tax commissioner	74206
determines that the property does not qualify, the commissioner	74207
shall deny the application or request additional information from	74208
the applicant. If the tax commissioner denies an application, the	74209
commissioner shall state the reasons for the denial. The applicant	74210
may appeal the denial of an application to the board of tax	74211
appeals pursuant to section 5717.02 of the Revised Code. If the	74212
applicant files a timely appeal, the tax commissioner shall	74213
conditionally certify the applicant's property. The conditional	74214
certification shall expire when all of the applicant's appeals are	74215
exhausted. Until final resolution of the appeal, the applicant	74216
shall retain the applicant's records in accordance with section	74217
5751.12 of the Revised Code, notwithstanding any time limit on the	74218
preservation of records under that section.	74219

~~(ii)~~(hh) Amounts realized by licensed motor fuel dealers or	74220
licensed permissive motor fuel dealers from the exchange of	74221
petroleum products, including motor fuel, between such dealers,	74222
provided that delivery of the petroleum products occurs at a	74223
refinery, terminal, pipeline, or marine vessel and that the	74224
exchanging dealers agree neither dealer shall require monetary	74225
compensation from the other for the value of the exchanged	74226
petroleum products other than such compensation for differences in	74227
product location or grade. Division ~~(F)(2)(ii)~~(F)(2)(hh) of this	74228
section does not apply to amounts realized as a result of	74229
differences in location or grade of exchanged petroleum products	74230
or from handling, lubricity, dye, or other additive injections	74231
fees, pipeline security fees, or similar fees. As used in this	74232
division, "motor fuel," "licensed motor fuel dealer," "licensed	74233
permissive motor fuel dealer," and "terminal" have the same	74234
meanings as in section 5735.01 of the Revised Code.	74235

~~(hh)~~(ii) In the case of amounts collected by a licensed	74236
casino operator from casino gaming, amounts in excess of the	74237
casino operator's gross casino revenue. In this division, "casino	74238
operator" and "casino gaming" have the meanings defined in section	74239
3772.01 of the Revised Code, and "gross casino revenue" has the	74240
meaning defined in section 5753.01 of the Revised Code.	74241

(jj) Any receipts for which the tax imposed by this chapter	74242
is prohibited by the constitution or laws of the United States or	74243
the constitution of this state.	74244

(3) In the case of a taxpayer when acting as a real estate	74245
broker, "gross receipts" includes only the portion of any fee for	74246
the service of a real estate broker, or service of a real estate	74247
salesperson associated with that broker, that is retained by the	74248
broker and not paid to an associated real estate salesperson or	74249
another real estate broker. For the purposes of this division,	74250
"real estate broker" and "real estate salesperson" have the same	74251
meanings as in section 4735.01 of the Revised Code.	74252

(4) A taxpayer's method of accounting for gross receipts for	74253
a tax period shall be the same as the taxpayer's method of	74254
accounting for federal income tax purposes for the taxpayer's	74255
federal taxable year that includes the tax period. If a taxpayer's	74256
method of accounting for federal income tax purposes changes, its	74257
method of accounting for gross receipts under this chapter shall	74258
be changed accordingly.	74259

(G) "Taxable gross receipts" means gross receipts sitused to	74260
this state under section 5751.033 of the Revised Code.	74261

(H) A person has "substantial nexus with this state" if any	74262
of the following applies. The person:	74263

(1) Owns or uses a part or all of its capital in this state;

74264

(2) Holds a certificate of compliance with the laws of this	74265
state authorizing the person to do business in this state;	74266

(3) Has bright-line presence in this state;

74267

(4) Otherwise has nexus with this state to an extent that the	74268
person can be required to remit the tax imposed under this chapter	74269
under the Constitution of the United States.	74270

(I) A person has "bright-line presence" in this state for a	74271
reporting period and for the remaining portion of the calendar	74272
year if any of the following applies. The person:	74273

(1) Has at any time during the calendar year property in this	74274
state with an aggregate value of at least fifty thousand dollars.	74275
For the purpose of division (I)(1) of this section, owned property	74276
is valued at original cost and rented property is valued at eight	74277
times the net annual rental charge.	74278

(2) Has during the calendar year payroll in this state of at	74279
least fifty thousand dollars. Payroll in this state includes all	74280
of the following:	74281

(a) Any amount subject to withholding by the person under	74282
section 5747.06 of the Revised Code;	74283

(b) Any other amount the person pays as compensation to an	74284
individual under the supervision or control of the person for work	74285
done in this state; and	74286

(c) Any amount the person pays for services performed in this	74287
state on its behalf by another.	74288

(3) Has during the calendar year taxable gross receipts of at	74289
least five hundred thousand dollars.	74290

(4) Has at any time during the calendar year within this	74291
state at least twenty-five per cent of the person's total	74292
property, total payroll, or total gross receipts.	74293

(5) Is domiciled in this state as an individual or for	74294
corporate, commercial, or other business purposes.	74295

(J) "Tangible personal property" has the same meaning as in	74296
section 5739.01 of the Revised Code.	74297

(K) "Internal Revenue Code" means the Internal Revenue Code	74298
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	74299
this chapter that is not otherwise defined has the same meaning as	74300
when used in a comparable context in the laws of the United States	74301
relating to federal income taxes unless a different meaning is	74302
clearly required. Any reference in this chapter to the Internal	74303
Revenue Code includes other laws of the United States relating to	74304
federal income taxes.	74305

(L) "Calendar quarter" means a three-month period ending on	74306
the thirty-first day of March, the thirtieth day of June, the	74307
thirtieth day of September, or the thirty-first day of December.	74308

(M) "Tax period" means the calendar quarter or calendar year	74309
on the basis of which a taxpayer is required to pay the tax	74310
imposed under this chapter.	74311

(N) "Calendar year taxpayer" means a taxpayer for which the	74312
tax period is a calendar year.	74313

(O) "Calendar quarter taxpayer" means a taxpayer for which	74314
the tax period is a calendar quarter.	74315

(P) "Agent" means a person authorized by another person to	74316
act on its behalf to undertake a transaction for the other,	74317
including any of the following:	74318

(1) A person receiving a fee to sell financial instruments;

74319

(2) A person retaining only a commission from a transaction	74320
with the other proceeds from the transaction being remitted to	74321
another person;	74322

(3) A person issuing licenses and permits under section	74323
1533.13 of the Revised Code;	74324

(4) A lottery sales agent holding a valid license issued	74325
under section 3770.05 of the Revised Code;	74326

(5) A person acting as an agent of the division of liquor	74327
control under section 4301.17 of the Revised Code.	74328

(Q) "Received" includes amounts accrued under the accrual	74329
method of accounting.	74330

(R) "Reporting person" means a person in a consolidated	74331
elected taxpayer or combined taxpayer group that is designated by	74332
that group to legally bind the group for all filings and tax	74333
liabilities and to receive all legal notices with respect to	74334
matters under this chapter, or, for the purposes of section	74335
5751.04 of the Revised Code, a separate taxpayer that is not a	74336
member of such a group.	74337

Sec. 5751.011. (A) A group of two or more persons may elect	74338
to be a consolidated elected taxpayer for the purposes of this	74339
chapter if the group satisfies all of the following requirements:	74340

(1) The group elects to include all persons, including	74341
persons enumerated in divisions (E)(2) to ~~(10)~~(4) of section	74342
5751.01 of the Revised Code, having at least eighty per cent, or	74343
having at least fifty per cent, of the value of their ownership	74344
interests owned or controlled, directly or constructively through	74345
related interests, by common owners during all or any portion of	74346
the tax period, together with the common owners.	74347

A group making its initial election on the basis of the	74348
eighty per cent ownership test may change its election so that its	74349
consolidated elected taxpayer group is formed on the basis of the	74350
fifty per cent ownership test if all of the following are	74351
satisfied:	74352

(a) When the initial election was made, the group did not	74353
have any persons satisfying the fifty per cent ownership test;	74354

(b) One or more of the persons in the initial group	74355
subsequently acquires ownership interests in a person such that	74356
the fifty per cent ownership test is satisfied, the eighty per	74357
cent ownership test is not satisfied, and the acquired person	74358
would be required to be included in a combined taxpayer group	74359
under section 5751.012 of the Revised Code;	74360

(c) The group requests the change in ~~a written request~~	74361
writing to the ~~tax~~ commissioner ~~on or before the due date for~~	74362
~~filing the first return due under section 5751.051 of the Revised~~	74363
~~Code after the date of the acquisition~~as required by division (D)	74364
of this section;	74365

(d) The group has not previously changed its election.

74366

At the election of the group, all entities that are not	74367
incorporated or formed under the laws of a state or of the United	74368
States and that meet the consolidated elected ownership test shall	74369
either be included in the group or all shall be excluded from the	74370
group. If, at the time of registration, the group does not include	74371
any such entities that meet the consolidated elected ownership	74372
test, the group shall elect to either include or exclude the newly	74373
acquired entities before the due date of the first return due	74374
after the date of the acquisition.	74375

~~Each group shall notify the tax commissioner of the foregoing~~	74376
~~elections before the due date of the return for the period in~~	74377
~~which the election becomes binding.~~ If fifty per cent of the value	74378
of a person's ownership interests is owned or controlled by each	74379
of two consolidated elected taxpayer groups formed under the fifty	74380
per cent ownership or control test, that person is a member of	74381
each group for the purposes of this section, and each group shall	74382
include in the group's taxable gross receipts fifty per cent of	74383
that person's taxable gross receipts. Otherwise, all of that	74384
person's taxable gross receipts shall be included in the taxable	74385
gross receipts of the consolidated elected taxpayer group of which	74386
the person is a member. In no event shall the ownership or control	74387
of fifty per cent of the value of a person's ownership interests	74388
by two otherwise unrelated groups form the basis for consolidating	74389
the groups into a single consolidated elected taxpayer group or	74390
permit any exclusion under division (C) of this section of taxable	74391
gross receipts between members of the two groups. Division (A)(3)	74392
of this section applies with respect to the elections described in	74393
this division.	74394

(2) The group makes the election to be treated as a	74395
consolidated elected taxpayer in the manner prescribed under	74396
division (D) of this section.	74397

(3) Subject to review and audit by the tax commissioner, the	74398
group agrees that all of the following apply:	74399

(a) The group shall file reports as a single taxpayer for at	74400
least the next eight calendar quarters following the election so	74401
long as at least two or more of the members of the group meet the	74402
requirements of division (A)(1) of this section.	74403

(b) Before the expiration of the eighth such calendar	74404
quarter, the group shall notify the commissioner if it elects to	74405
cancel its designation as a consolidated elected taxpayer. If the	74406
group does not so notify the tax commissioner, the election	74407
remains in effect for another eight calendar quarters.	74408

(c) If, at any time during any of those eight calendar	74409
quarters following the election, a former member of the group no	74410
longer meets the requirements under division (A)(1) of this	74411
section, that member shall report and pay the tax imposed under	74412
this chapter separately, as a member of a combined taxpayer, or,	74413
if the former member satisfies such requirements with respect to	74414
another consolidated elected group, as a member of that	74415
consolidated elected group.	74416

(d) The group agrees to the application of division (B) of	74417
this section.	74418

(B) A group of persons making the election under this section	74419
shall report and pay tax on all of the group's taxable gross	74420
receipts even if substantial nexus with this state does not exist	74421
for one or more persons in the group.	74422

(C)(1)(a) Members of a consolidated elected taxpayer group	74423
shall exclude gross receipts among persons included in the	74424
consolidated elected taxpayer group.	74425

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	74426
section, nothing in this section shall have the effect of	74427
requiring a consolidated elected taxpayer group to include gross	74428
receipts received by a person enumerated in divisions (E)(2) to	74429
~~(10)~~(4) of section 5751.01 of the Revised Code if that person is a	74430
member of the group pursuant to the elections made by the group	74431
under division (A)(1) of this section.	74432

(c)(i) As used in division (C)(1)(c) of this section, "dealer	74433
transfer" means a transfer of property that satisfies both of the	74434
following: (I) the property is directly transferred by any means	74435
from one member of the group to another member of the group that	74436
is a dealer in intangibles but is not a qualifying dealer as	74437
defined in section 5707.031 of the Revised Code; and (II) the	74438
property is subsequently delivered by the dealer in intangibles to	74439
a person that is not a member of the group.	74440

(ii) In the event of a dealer transfer, a consolidated	74441
elected taxpayer group shall not exclude, under division (C) of	74442
this section, gross receipts from the transfer described in	74443
division (C)(1)(c)(i)(I) of this section.	74444

(2) Gross receipts related to the sale or transmission of	74445
electricity through the use of an intermediary regional	74446
transmission organization approved by the federal energy	74447
regulatory commission shall be excluded from taxable gross	74448
receipts under division (C)(1) of this section if all other	74449
requirements of that division are met, even if the receipts are	74450
from and to the same member of the group.	74451

(D) To make the election to be a consolidated elected	74452
taxpayer, a group of persons shall notify the ~~tax~~ commissioner of	74453
the election ~~in the manner prescribed by the commissioner and pay~~	74454
~~the commissioner a registration fee equal to the lesser of two~~	74455
~~hundred dollars or twenty dollars for each person in the group. No~~	74456
~~additional fee shall be imposed for the addition of new members to~~	74457
~~the group once the group has remitted a fee in the amount of two~~	74458
~~hundred dollars. The election~~on a form prescribed by the	74459
commissioner for that purpose, which shall be signed by one or	74460
more individuals with authority, separately or together, to make a	74461
binding election on behalf of all persons in the group. Elections	74462
under division (A) of this section shall be made ~~and the fee paid~~	74463
on or before the ~~beginning of~~due date for filing the first	74464
~~calendar quarter to which~~return due after the election applies.	74465
~~The fee shall be collected and used in the same manner as provided~~	74466
~~in section 5751.04 of the Revised Code.~~	74467

~~The election shall be made on a form prescribed by the tax~~	74468
~~commissioner for that purpose and shall be signed by one or more~~	74469
~~individuals with authority, separately or together, to make a~~	74470
~~binding election on behalf of all persons in the group.~~	74471

Any person acquired or formed after the filing of the	74472
registration shall be included in the group if the person meets	74473
the requirements of division (A)(1) of this section, and the group	74474
shall notify the ~~tax~~ commissioner of any additions to the group	74475
~~with the next tax return it files with~~on a form prescribed by the	74476
commissioner for such purpose.	74477

Sec. 5751.012. (A) All persons, other than persons	74478
enumerated in divisions (E)(2) to ~~(10)~~(4) of section 5751.01 of	74479
the Revised Code, having more than fifty per cent of the value of	74480
their ownership interest owned or controlled, directly or	74481
constructively through related interests, by common owners during	74482
all or any portion of the tax period, together with the common	74483
owners, shall be members of a combined taxpayer group if those	74484
persons are not members of a consolidated elected taxpayer group	74485
pursuant to an election under section 5751.011 of the Revised	74486
Code.	74487

(B) A combined taxpayer group shall register, file returns,	74488
and pay taxes under this chapter as a single taxpayer.	74489

~~(C) A combined taxpayer~~and shall neither exclude taxable	74490
gross receipts between its members nor from others that are not	74491
members.	74492

~~(D) A combined taxpayer shall pay to the tax commissioner a~~	74493
~~registration fee equal to the lesser of two hundred dollars or~~	74494
~~twenty dollars for each person in the group. No additional fee~~	74495
~~shall be imposed for the addition of new members to the group once~~	74496
~~the group has remitted a fee in the amount of two hundred dollars.~~	74497
~~The fee shall be timely paid before the later of the beginning of~~	74498
~~the first calendar quarter or November 15, 2005. The fee shall be~~	74499
~~collected and used in the same manner as provided in section~~	74500
~~5751.04 of the Revised Code.~~	74501

(C) Any person acquired or formed after the filing of the	74502
registration shall be included in the group if the person meets	74503
the requirements of division (A) of this section, and the group	74504
must notify the ~~tax~~ commissioner of any additions ~~with the next~~	74505
~~quarterly tax return it files with~~to the group on a form	74506
prescribed by the commissioner for such purpose.	74507

Sec. 5751.03. (A) Except as provided in ~~divisions~~division	74508
(B) ~~and (D)~~ of this section and in ~~sections~~section 5751.031 ~~and~~	74509
~~5751.032~~ of the Revised Code, the tax levied under this section	74510
for each tax period shall be the product of two and six-tenths	74511
mills per dollar times the remainder of the taxpayer's taxable	74512
gross receipts for the tax period after subtracting the exclusion	74513
amount provided for in division (C) of this section.	74514

(B) Notwithstanding division (C) of this section, the tax on	74515
the first one million dollars in taxable gross receipts each	74516
calendar year shall be one hundred fifty dollars. ~~For calendar~~	74517
~~year 2006, the tax imposed under this division shall be paid not~~	74518
~~later than May 10, 2006, by both calendar year taxpayers and~~	74519
~~calendar quarter taxpayers. For calendar years 2007, 2008, and~~	74520
~~2009, the tax imposed under this division shall be paid with the~~	74521
~~fourth-quarter tax return or annual tax return for the prior~~	74522
~~calendar year by both calendar year taxpayers and calendar quarter~~	74523
~~taxpayers. For calendar years 2010 and thereafter, the~~The tax	74524
imposed under this division shall be paid not later than the tenth	74525
day of May of each year along with the first quarter or annual tax	74526
return, as applicable.	74527

(C)(1) Each ~~calendar quarter~~ taxpayer may exclude the first	74528
~~two hundred fifty thousand~~one million dollars of taxable gross	74529
receipts for a calendar ~~quarter~~year. Calendar quarter taxpayers	74530
may apply the full exclusion amount to the first calendar quarter	74531
return the taxpayer files that calendar year and may carry forward	74532
and apply any unused exclusion amount to ~~the three~~ subsequent	74533
calendar quarters within that same calendar year. ~~Each calendar~~	74534
~~year taxpayer may exclude the first one million dollars of taxable~~	74535
~~gross receipts for a calendar year.~~	74536

(2) A taxpayer switching from a calendar year tax period to a	74537
calendar quarter tax period may, for the first quarter of the	74538
change, apply the ~~prior calendar quarter~~full one-million-dollar	74539
exclusion ~~amounts~~amount to the first calendar quarter return the	74540
taxpayer files that calendar year. Such taxpayers may carry	74541
forward and apply any unused exclusion amount to subsequent	74542
calendar quarters within that same calendar year. The tax rate	74543
shall be based on the rate imposed that calendar quarter when the	74544
taxpayer switches from a calendar year to a calendar quarter tax	74545
period.	74546

~~(D) There is hereby allowed a credit against the tax imposed~~	74547
~~under this chapter for each of the following calendar years if a~~	74548
~~transfer was made in the preceding calendar year from the general~~	74549
~~revenue fund to the commercial activity tax refund fund under~~	74550
~~division (D) of section 5751.032 of the Revised Code: calendar~~	74551
~~years 2008, 2010, and 2012. The credit is allowed for taxpayers~~	74552
~~that paid in full the tax imposed under this chapter for the~~	74553
~~calendar year in which the transfer was made. The amount of a~~	74554
~~taxpayer's credit equals the amount computed under division (D) of~~	74555
~~section 5751.032 of the Revised Code~~(3) A taxpayer shall not	74556
exclude more than one million dollars pursuant to division (C) of	74557
this section in a calendar year.	74558

Sec. 5751.033. For the purposes of this chapter, gross	74559
receipts shall be sitused to this state as follows:	74560

(A) Gross rents and royalties from real property located in	74561
this state shall be sitused to this state.	74562

(B) Gross rents and royalties from tangible personal property	74563
shall be sitused to this state to the extent the tangible personal	74564
property is located or used in this state.	74565

(C) Gross receipts from the sale of electricity and electric	74566
transmission and distribution services shall be sitused to this	74567
state in the manner provided under section 5733.059 of the Revised	74568
Code.	74569

(D) Gross receipts from the sale of real property located in	74570
this state shall be sitused to this state.	74571

(E) Gross receipts from the sale of tangible personal	74572
property shall be sitused to this state if the property is	74573
received in this state by the purchaser. In the case of delivery	74574
of tangible personal property by ~~common~~motor carrier or by other	74575
means of transportation, the place at which such property is	74576
ultimately received after all transportation has been completed	74577
shall be considered the place where the purchaser receives the	74578
property. For purposes of this section, the phrase "delivery of	74579
tangible personal property by ~~common~~motor carrier or by other	74580
means of transportation" includes the situation in which a	74581
purchaser accepts the property in this state and then transports	74582
the property directly or by other means to a location outside this	74583
state. Direct delivery in this state, other than for purposes of	74584
transportation, to a person or firm designated by a purchaser	74585
constitutes delivery to the purchaser in this state, and direct	74586
delivery outside this state to a person or firm designated by a	74587
purchaser does not constitute delivery to the purchaser in this	74588
state, regardless of where title passes or other conditions of	74589
sale.	74590

(F) Gross receipts from the sale, exchange, disposition, or	74591
other grant of the right to use trademarks, trade names, patents,	74592
copyrights, and similar intellectual property shall be sitused to	74593
this state to the extent that the receipts are based on the amount	74594
of use of the property in this state. If the receipts are not	74595
based on the amount of use of the property, but rather on the	74596
right to use the property, and the payor has the right to use the	74597
property in this state, then the receipts from the sale, exchange,	74598
disposition, or other grant of the right to use such property	74599
shall be sitused to this state to the extent the receipts are	74600
based on the right to use the property in this state.	74601

(G) Gross receipts from the sale of transportation services	74602
by a ~~common or contract~~motor carrier shall be sitused to this	74603
state in proportion to the mileage traveled by the carrier during	74604
the tax period on roadways, waterways, airways, and railways in	74605
this state to the mileage traveled by the carrier during the tax	74606
period on roadways, waterways, airways, and railways everywhere.	74607
With prior written approval of the tax commissioner, a ~~common or~~	74608
~~contract~~motor carrier may use an alternative situsing procedure	74609
for transportation services.	74610

(H) Gross receipts from dividends, interest, and other	74611
sources of income from financial instruments described in	74612
divisions (F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of	74613
section 5733.056 of the Revised Code shall be sitused to this	74614
state in accordance with the situsing provisions set forth in	74615
those divisions. When applying the provisions of divisions (F)(6),	74616
(8), and (13) of section 5733.056 of the Revised Code, "gross	74617
receipts" shall be substituted for "net gains" wherever "net	74618
gains" appears in those divisions. Nothing in this division limits	74619
or modifies the exclusions enumerated in divisions (E) and (F)(2)	74620
of section 5751.01 of the Revised Code. The tax commissioner may	74621
promulgate rules to further specify the manner in which to situs	74622
gross receipts subject to this division.	74623

(I) Gross receipts from the sale of all other services, and	74624
all other gross receipts not otherwise sitused under this section,	74625
shall be sitused to this state in the proportion that the	74626
purchaser's benefit in this state with respect to what was	74627
purchased bears to the purchaser's benefit everywhere with respect	74628
to what was purchased. The physical location where the purchaser	74629
ultimately uses or receives the benefit of what was purchased	74630
shall be paramount in determining the proportion of the benefit in	74631
this state to the benefit everywhere. If a taxpayer's records do	74632
not allow the taxpayer to determine that location, the taxpayer	74633
may use an alternative method to situs gross receipts under this	74634
division if the alternative method is reasonable, is consistently	74635
and uniformly applied, and is supported by the taxpayer's records	74636
as the records exist when the service is provided or within a	74637
reasonable period of time thereafter.	74638

(J) If the situsing provisions of divisions (A) to (H) of	74639
this section do not fairly represent the extent of a person's	74640
activity in this state, the person may request, or the tax	74641
commissioner may require or permit, an alternative method. Such	74642
request by a person must be made within the applicable statute of	74643
limitations set forth in this chapter.	74644

(K) The tax commissioner may adopt rules to provide	74645
additional guidance to the application of this section, and	74646
provide alternative methods of situsing gross receipts that apply	74647
to all persons, or subset of persons, that are engaged in similar	74648
business or trade activities.	74649

(L) As used in this section, "motor carrier" has the same	74650
meaning as in section 4923.01 of the Revised Code.	74651

Sec. 5751.04. (A) As used in this section, "person" includes	74652
a reporting person.	74653

(B) Not later than thirty days after a person first has more	74654
than one hundred fifty thousand dollars in taxable gross receipts	74655
in a calendar year, each person subject to this chapter shall	74656
register with the tax commissioner on the form prescribed by the	74657
commissioner. The form shall include the following:	74658

(1) The person's name;

74659

(2) ~~If applicable, the name of the state or country under the~~	74660
~~laws of which the person is incorporated;~~	74661

~~(3) If applicable, the location of a person's principal~~	74662
~~office and the name and address of the officer or agent of the~~	74663
~~corporation in charge of the business;~~	74664

~~(4) If applicable, the names of the person's president,~~	74665
~~secretary, treasurer, and statutory agent designated pursuant to~~	74666
~~section 1703.041 of the Revised Code, with the post office address~~	74667
~~of each;~~	74668

~~(5)~~The person's primary address;

74669

(3) The ~~kind of business in which the person is engaged,~~	74670
~~including applicable~~ business or industry codes for the person;	74671

~~(6) If required by the tax commissioner, the date of the~~	74672
~~beginning of the person's annual accounting period that includes~~	74673
~~the first day of January of the taxable calendar year;~~	74674

~~(7) If the person is not a corporation or a sole proprietor,~~	74675
~~the names of the person's owners and officers, if required by the~~	74676
~~tax commissioner;~~	74677

~~(8)~~(4) The person's federal employer identification number or	74678
~~numbers or, if those are not applicable, the person's~~ social	74679
security number or equivalent, as applicable;	74680

~~(9)~~(5) The person's organizational type;

74681

(6) The date the person is first subject to the tax imposed	74682
by this chapter;	74683

(7) The names, addresses, federal identification numbers or	74684
social security numbers or equivalents, and organization types of	74685
each member that is commonly owned in a consolidated elected	74686
taxpayer or combined taxpayer group;	74687

(8) All other information that the commissioner requires to	74688
administer and enforce this chapter.	74689

(C) ~~Except as otherwise provided in this division, each~~	74690
~~person registering with the tax commissioner as required by~~	74691
~~division (B) of this section shall pay a registration fee. The fee~~	74692
~~shall be in the amount of fifteen dollars if a person registers~~	74693
~~electronically and twenty dollars if a person does not register~~	74694
~~electronically. The registration fee shall be paid in the manner~~	74695
~~prescribed by the tax commissioner at the same time the~~	74696
~~registration is due if a person is subject to the tax imposed~~	74697
~~under this chapter before January 1, 2006. If a person first~~	74698
~~becomes subject to the tax after that date, the registration fee~~	74699
~~is payable with the first tax period return the person is required~~	74700
~~to file as prescribed by section 5751.051 of the Revised Code. If~~	74701
(1) To help defray the costs of administering the tax imposed by	74702
this chapter, the commissioner shall collect a registration fee in	74703
the amount of twenty dollars per person up to a maximum of two	74704
hundred dollars per consolidated elected taxpayer or combined	74705
taxpayer group. The commissioner shall systematically deduct and	74706
collect the fee from the first tax payment each taxpayer makes	74707
after registering or adding members, as applicable. No separate	74708
registration fee may be collected in addition to the tax imposed	74709
by this chapter.	74710

(2) If a person does not register within the time prescribed	74711
by this section, an additional fee is imposed in the amount of one	74712
hundred dollars per month or part thereof that the fee is	74713
outstanding, not to exceed one thousand dollars. The tax	74714
commissioner may abate the additional fee. The fee imposed under	74715
this division may be assessed in the same manner as the tax	74716
imposed under this chapter. ~~Proceeds~~	74717

(D) Proceeds from the fee imposed under division (C) of this	74718
section shall be credited to the ~~commercial activity tax~~	74719
~~administrative~~revenue enhancement fund, which is hereby created	74720
in the state treasury ~~for the commissioner to use in implementing~~	74721
~~and administering the tax imposed under this chapter~~.	74722

~~Registration fees paid under this section, excluding any~~	74723
~~additional fee imposed for a person's failure to timely register,~~	74724
~~shall be credited against the first payment of tax payable under~~	74725
~~section 5751.03 of the Revised Code.~~	74726

~~(D)~~(E) If a person that has registered under this section is	74727
no longer a taxpayer subject to this chapter, ~~including no longer~~	74728
~~being a taxpayer because of the application of division (E)(1) of~~	74729
~~section 5751.01 of the Revised Code,~~ the person shall notify the	74730
commissioner that the person's registration should be cancelled.	74731

~~(E)~~(F) With respect to registrations received by the	74732
commissioner before ~~the effective date of the amendment of this~~	74733
~~section by the main operating appropriations act of the 128th~~	74734
~~general assembly~~October 16, 2009, the taxpayer listed as the	74735
primary taxpayer on the registration shall be the reporting person	74736
until the taxpayer notifies the commissioner otherwise.	74737

Sec. 5751.05. (A) If a person subject to this chapter	74738
anticipates that the person's taxable gross receipts will be more	74739
than one million dollars in a calendar year, the person shall	74740
notify the tax commissioner on the person's initial registration	74741
form and file on a quarterly basis as a calendar quarter taxpayer.	74742
Any taxpayer with taxable gross receipts of one million dollars or	74743
less shall register as a calendar year taxpayer and shall file	74744
annually.	74745

(B) Any person that is a calendar year taxpayer under	74746
division (A) of this section shall become a calendar quarter	74747
taxpayer in the subsequent calendar year if the person's taxable	74748
gross receipts for the prior calendar year are more than one	74749
million dollars, and shall remain a calendar quarter taxpayer	74750
until the person notifies the ~~tax~~ commissioner, and receives	74751
approval in writing from the ~~tax~~ commissioner, to switch back to	74752
being a calendar year taxpayer. ~~Nothing in this division prohibits~~	74753
~~a person that has elected to be a calendar year taxpayer from~~	74754
~~notifying the tax commissioner, using the procedures prescribed by~~	74755
~~the commissioner, that it is switching back to being a calendar~~	74756
~~quarter taxpayer.~~	74757

(C) ~~Any taxpayer that is not a calendar quarter taxpayer~~	74758
~~pursuant to this section is a calendar year taxpayer.~~ The	74759
commissioner may grant written approval for a calendar quarter	74760
taxpayer to use an alternative reporting schedule or estimate the	74761
amount of tax due for a calendar quarter if the taxpayer	74762
demonstrates to the commissioner the need for such a deviation.	74763
The commissioner may adopt a rule to apply division (C) of this	74764
section to a group of taxpayers without the taxpayers having to	74765
receive written approval from the commissioner.	74766

Sec. 5751.051. (A)(1) Not later than the tenth day of the	74767
second month after the end of each calendar quarter, every	74768
taxpayer other than a calendar year taxpayer shall file with the	74769
tax commissioner a tax return in such form as the commissioner	74770
prescribes. The return shall include, but is not limited to, the	74771
amount of the taxpayer's taxable gross receipts for the calendar	74772
quarter and shall indicate the amount of tax due under section	74773
5751.03 of the Revised Code for the calendar quarter.	74774

(2)(a) Subject to division (C) of section 5751.05 of the	74775
Revised Code, a calendar quarter taxpayer shall report the taxable	74776
gross receipts for that calendar quarter.	74777

(b) With respect to taxable gross receipts incorrectly	74778
reported in a calendar quarter that has a lower tax rate, the tax	74779
shall be computed at the tax rate in effect for the quarterly	74780
return in which such receipts should have been reported. Nothing	74781
in division (A)(2)(b) of this section prohibits a taxpayer from	74782
filing an application for refund under section 5751.08 of the	74783
Revised Code with regard to the incorrect reporting of taxable	74784
gross receipts discovered after filing the annual return described	74785
in division (A)(3) of this section.	74786

A tax return shall not be deemed to be an incorrect reporting	74787
of taxable gross receipts for the purposes of division (A)(2)(b)	74788
of this section if the return reflects between ninety-five and one	74789
hundred five per cent of the actual taxable gross receipts for the	74790
calendar quarter.	74791

(3) For the purposes of division (A)(2)(b) of this section,	74792
the tax return filed for the fourth calendar quarter of a calendar	74793
year is the annual return for the privilege tax imposed by this	74794
chapter. Such return shall report any additional taxable gross	74795
receipts not previously reported in the calendar year and shall	74796
adjust for any over-reported taxable gross receipts in the	74797
calendar year. If the taxpayer ceases to be a taxpayer before the	74798
end of the calendar year, the last return the taxpayer is required	74799
to file shall be the annual return for the taxpayer and the	74800
taxpayer shall report any additional taxable gross receipts not	74801
previously reported in the calendar year and shall adjust for any	74802
over-reported taxable gross receipts in the calendar year.	74803

(4) Because the tax imposed by this chapter is a privilege	74804
tax, the tax rate with respect to taxable gross receipts for a	74805
calendar quarter is not fixed until the end of the measurement	74806
period for each calendar quarter. Subject to division (A)(2)(b) of	74807
this section, the total amount of taxable gross receipts reported	74808
for a given calendar quarter shall be subject to the tax rate in	74809
effect in that quarter.	74810

(5) Not later than the tenth day of May following the end of	74811
each calendar year, every calendar year taxpayer shall file with	74812
the tax commissioner a tax return in such form as the commissioner	74813
prescribes. The return shall include, but is not limited to, the	74814
amount of the taxpayer's taxable gross receipts for the calendar	74815
year and shall indicate the amount of tax due under section	74816
5751.03 of the Revised Code for the calendar year.	74817

(B)(1) A person that first becomes subject to the tax imposed	74818
under this chapter shall pay the minimum tax imposed under	74819
division (B) of section 5751.03 of the Revised Code ~~along with the~~	74820
~~registration fee imposed under this section, if applicable,~~ on or	74821
before the day the return is required to be filed for that quarter	74822
under division (A)(1) of this section, regardless of whether the	74823
person ~~elects to be~~registers as a calendar year taxpayer under	74824
section 5751.05 of the Revised Code.	74825

(2) The amount of the minimum tax for a person subject to	74826
division (B)(1) of this section shall be reduced to seventy-five	74827
dollars if the registration is timely filed after the first day of	74828
May and before the first day of January of the following calendar	74829
year.	74830

Sec. 5751.08. (A) An application for refund to the taxpayer	74831
of the amount of taxes imposed under this chapter that are	74832
overpaid, paid illegally or erroneously, or paid on any illegal or	74833
erroneous assessment shall be filed by the reporting person with	74834
the tax commissioner, on the form prescribed by the commissioner,	74835
within four years after the date of the illegal or erroneous	74836
payment of the tax, or within any additional period allowed under	74837
division (F) of section 5751.09 of the Revised Code. The applicant	74838
shall provide the amount of the requested refund along with the	74839
claimed reasons for, and documentation to support, the issuance of	74840
a refund.	74841

(B) On the filing of the refund application, the tax	74842
commissioner shall determine the amount of refund to which the	74843
applicant is entitled. If the amount is not less than that	74844
claimed, the commissioner shall certify the amount to the director	74845
of budget and management and treasurer of state for payment from	74846
the tax refund fund created under section 5703.052 of the Revised	74847
Code. If the amount is less than that claimed, the commissioner	74848
shall proceed in accordance with section 5703.70 of the Revised	74849
Code.	74850

(C) ~~Interest~~Except as provided in division (F) of this	74851
section, interest on a refund applied for under this section,	74852
computed at the rate provided for in section 5703.47 of the	74853
Revised Code, shall be allowed from the later of the date the tax	74854
was paid or when the tax payment was due.	74855

(D) A calendar quarter taxpayer with more than one million	74856
dollars in taxable gross receipts in a calendar year other than	74857
calendar year 2005 and that is not able to exclude one million	74858
dollars in taxable gross receipts because of the operation of the	74859
taxpayer's business in that calendar year may file for a refund	74860
under this section to obtain the full exclusion of one million	74861
dollars in taxable gross receipts for that calendar year.	74862

(E) Except as provided in section 5751.081 of the Revised	74863
Code, the tax commissioner may, with the consent of the taxpayer,	74864
provide for the crediting against tax due for a tax year the	74865
amount of any refund due the taxpayer under this chapter for a	74866
preceding tax year.	74867

(F) If a taxpayer claims a refundable credit against the tax	74868
imposed under section 5751.02 of the Revised Code, any payment	74869
that is refunded to the taxpayer as a result of the allowance of	74870
the credit shall not be considered an illegal, erroneous, or	74871
excessive payment for purposes of division (A) of this section. No	74872
interest shall be allowed on an amount refunded to a taxpayer to	74873
the extent that the refund results from the allowance of a	74874
refundable credit.	74875

Sec. 5751.12. The tax commissioner may prescribe	74876
requirements for the keeping of records and other pertinent	74877
documents, the filing of copies of federal income tax returns and	74878
determinations, and computations reconciling federal income tax	74879
returns with the returns and reports required by section ~~5751.05~~	74880
5751.051 of the Revised Code. The commissioner may require any	74881
person, by rule or notice served on that person, to keep those	74882
records that the commissioner considers necessary to show whether,	74883
and the extent to which, a person is subject to this chapter.	74884
Those records and other documents shall be open during business	74885
hours to the inspection of the commissioner, and shall be	74886
preserved for a period of four years unless the commissioner, in	74887
writing, consents to their destruction within that period, or by	74888
order requires that they be kept longer. If such records are	74889
normally kept by the person electronically, the person shall	74890
provide such records to the commissioner electronically at the	74891
commissioner's request.	74892

Any information required by the ~~tax~~ commissioner under this	74893
chapter is confidential as provided for in section 5703.21 of the	74894
Revised Code. However, the commissioner shall make public an	74895
electronic list of all actively registered persons required to	74896
remit the tax under this chapter, including legal names, trade	74897
names, addresses, and account numbers. In addition, such list	74898
shall include all persons that cancelled their registration at any	74899
time during the preceding four calendar years, including the	74900
effective date of the ~~registration was cancelled~~cancellation.	74901

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	74902
the Revised Code:	74903

(1) "School district," "joint vocational school district,"	74904
"local taxing unit," "recognized valuation," "fixed-rate levy,"	74905
and "fixed-sum levy" have the same meanings as used in section	74906
5727.84 of the Revised Code.	74907

(2) "State education aid" for a school district means the	74908
following:	74909

(a) For fiscal years prior to fiscal year 2010, the sum of	74910
state aid amounts computed for the district under the following	74911
provisions, as they existed for the applicable fiscal year:	74912
division (A) of section 3317.022 of the Revised Code, including	74913
the amounts calculated under sections 3317.029 and 3317.0217 of	74914
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	74915
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	74916
divisions (L) and (N) of section 3317.024; section 3317.0216; and	74917
any unit payments for gifted student services paid under sections	74918
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	74919
for fiscal years 2008 and 2009, the amount computed for the	74920
district under Section 269.20.80 of H.B. 119 of the 127th general	74921
assembly and as that section subsequently may be amended shall be	74922
substituted for the amount computed under division (D) of section	74923
3317.022 of the Revised Code, and the amount computed under	74924
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	74925
that section subsequently may be amended shall be included.	74926

(b) For fiscal years 2010 and 2011, the sum of the amounts	74927
computed under former sections 3306.052, 3306.12, 3306.13,	74928
3306.19, 3306.191, and 3306.192 of the Revised Code;	74929

(c) For fiscal years 2012 and 2013, the amount paid in	74930
accordance with ~~the section~~Section 267.30.50 of H.B. 153 of the	74931
129th general assembly entitled "FUNDING FOR CITY, EXEMPTED	74932
VILLAGE, AND LOCAL SCHOOL DISTRICTS."	74933

(3) "State education aid" for a joint vocational school	74934
district means the following:	74935

(a) For fiscal years prior to fiscal year 2010, the sum of	74936
the state aid computed for the district under division (N) of	74937
section 3317.024 and section 3317.16 of the Revised Code, except	74938
that, for fiscal years 2008 and 2009, the amount computed under	74939
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	74940
that section subsequently may be amended shall be included.	74941

(b) For fiscal years 2010 and 2011, the amount paid in	74942
accordance with ~~the section~~Section 265.30.50 of H.B. 1 of the	74943
128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL	74944
SCHOOL DISTRICTS."	74945

(c) For fiscal years 2012 and 2013, the amount paid in	74946
accordance with ~~the section~~Section 267.30.60 of H.B. 153 of the	74947
129th general assembly entitled "FUNDING FOR JOINT VOCATIONAL	74948
SCHOOL DISTRICTS."	74949

(4) "State education aid offset" means the amount determined	74950
for each school district or joint vocational school district under	74951
division (A)(1) of section 5751.21 of the Revised Code.	74952

(5) "Machinery and equipment property tax value loss" means	74953
the amount determined under division (C)(1) of this section.	74954

(6) "Inventory property tax value loss" means the amount	74955
determined under division (C)(2) of this section.	74956

(7) "Furniture and fixtures property tax value loss" means	74957
the amount determined under division (C)(3) of this section.	74958

(8) "Machinery and equipment fixed-rate levy loss" means the	74959
amount determined under division (D)(1) of this section.	74960

(9) "Inventory fixed-rate levy loss" means the amount	74961
determined under division (D)(2) of this section.	74962

(10) "Furniture and fixtures fixed-rate levy loss" means the	74963
amount determined under division (D)(3) of this section.	74964

(11) "Total fixed-rate levy loss" means the sum of the	74965
machinery and equipment fixed-rate levy loss, the inventory	74966
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	74967
loss, and the telephone company fixed-rate levy loss.	74968

(12) "Fixed-sum levy loss" means the amount determined under	74969
division (E) of this section.	74970

(13) "Machinery and equipment" means personal property	74971
subject to the assessment rate specified in division (F) of	74972
section 5711.22 of the Revised Code.	74973

(14) "Inventory" means personal property subject to the	74974
assessment rate specified in division (E) of section 5711.22 of	74975
the Revised Code.	74976

(15) "Furniture and fixtures" means personal property subject	74977
to the assessment rate specified in division (G) of section	74978
5711.22 of the Revised Code.	74979

(16) "Qualifying levies" are levies in effect for tax year	74980
2004 or applicable to tax year 2005 or approved at an election	74981
conducted before September 1, 2005. For the purpose of determining	74982
the rate of a qualifying levy authorized by section 5705.212 or	74983
5705.213 of the Revised Code, the rate shall be the rate that	74984
would be in effect for tax year 2010.	74985

(17) "Telephone property" means tangible personal property of	74986
a telephone, telegraph, or interexchange telecommunications	74987
company subject to an assessment rate specified in section	74988
5727.111 of the Revised Code in tax year 2004.	74989

(18) "Telephone property tax value loss" means the amount	74990
determined under division (C)(4) of this section.	74991

(19) "Telephone property fixed-rate levy loss" means the	74992
amount determined under division (D)(4) of this section.	74993

(20) "Taxes charged and payable" means taxes charged and	74994
payable after the reduction required by section 319.301 of the	74995
Revised Code but before the reductions required by sections	74996
319.302 and 323.152 of the Revised Code.	74997

(21) "Median estate tax collections" means, in the case of a	74998
municipal corporation to which revenue from the taxes levied in	74999
Chapter 5731. of the Revised Code was distributed in each of	75000
calendar years 2006, 2007, 2008, and 2009, the median of those	75001
distributions. In the case of a municipal corporation to which no	75002
distributions were made in one or more of those years, "median	75003
estate tax collections" means zero.	75004

(22) "Total resources," in the case of a school district,	75005
means the sum of the amounts in divisions (A)(22)(a) to (h) of	75006
this section less any reduction required under division (A)(32) or	75007
(33) of this section.	75008

(a) The state education aid for fiscal year 2010;

75009

(b) The sum of the payments received by the school district	75010
in fiscal year 2010 for current expense levy losses pursuant to	75011
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	75012
section 5751.21 of the Revised Code, excluding the portion of such	75013
payments attributable to levies for joint vocational school	75014
district purposes;	75015

(c) The sum of fixed-sum levy loss payments received by the	75016
school district in fiscal year 2010 pursuant to division (E)(1) of	75017
section 5727.85 and division (E)(1) of section 5751.21 of the	75018
Revised Code for fixed-sum levies ~~imposed~~charged and payable for	75019
a purpose other than paying debt charges;	75020

(d) Fifty per cent of the school district's taxes charged and	75021
payable against all property on the tax list of real and public	75022
utility property for current expense purposes for tax year 2008,	75023
including taxes charged and payable from emergency levies ~~imposed~~	75024
charged and payable under section 5709.194 of the Revised Code and	75025
excluding taxes levied for joint vocational school district	75026
purposes;	75027

(e) Fifty per cent of the school district's taxes charged and	75028
payable against all property on the tax list of real and public	75029
utility property for current expenses for tax year 2009, including	75030
taxes charged and payable from emergency levies and excluding	75031
taxes levied for joint vocational school district purposes;	75032

(f) The school district's taxes charged and payable against	75033
all property on the general tax list of personal property for	75034
current expenses for tax year 2009, including taxes charged and	75035
payable from emergency levies;	75036

(g) The amount certified for fiscal year 2010 under division	75037
(A)(2) of section 3317.08 of the Revised Code;	75038

(h) Distributions received during calendar year 2009 from	75039
taxes levied under section 718.09 of the Revised Code.	75040

(23) "Total resources," in the case of a joint vocational	75041
school district, means the sum of amounts in divisions (A)(23)(a)	75042
to (g) of this section less any reduction required under division	75043
(A)(32) of this section.	75044

(a) The state education aid for fiscal year 2010;

75045

(b) The sum of the payments received by the joint vocational	75046
school district in fiscal year 2010 for current expense levy	75047
losses pursuant to division (C)(2) of section 5727.85 and	75048
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	75049

(c) Fifty per cent of the joint vocational school district's	75050
taxes charged and payable against all property on the tax list of	75051
real and public utility property for current expense purposes for	75052
tax year 2008;	75053

(d) Fifty per cent of the joint vocational school district's	75054
taxes charged and payable against all property on the tax list of	75055
real and public utility property for current expenses for tax year	75056
2009;	75057

(e) Fifty per cent of a city, local, or exempted village	75058
school district's taxes charged and payable against all property	75059
on the tax list of real and public utility property for current	75060
expenses of the joint vocational school district for tax year	75061
2008;	75062

(f) Fifty per cent of a city, local, or exempted village	75063
school district's taxes charged and payable against all property	75064
on the tax list of real and public utility property for current	75065
expenses of the joint vocational school district for tax year	75066
2009;	75067

(g) The joint vocational school district's taxes charged and	75068
payable against all property on the general tax list of personal	75069
property for current expenses for tax year 2009.	75070

(24) "Total resources," in the case of county mental health	75071
and disability related functions, means the sum of the amounts in	75072
divisions (A)(24)(a) and (b) of this section less any reduction	75073
required under division (A)(32) of this section.	75074

(a) The sum of the payments received by the county for mental	75075
health and developmental disability related functions in calendar	75076
year 2010 under division (A)(1) of section 5727.86 and ~~division~~	75077
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as	75078
they existed at that time;	75079

(b) With respect to taxes levied by the county for mental	75080
health and developmental disability related purposes, the taxes	75081
charged and payable for such purposes against all property on the	75082
tax list of real and public utility property for tax year 2009.	75083

(25) "Total resources," in the case of county senior services	75084
related functions, means the sum of the amounts in divisions	75085
(A)(25)(a) and (b) of this section less any reduction required	75086
under division (A)(32) of this section.	75087

(a) The sum of the payments received by the county for senior	75088
services related functions in calendar year 2010 under division	75089
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	75090
5751.22 of the Revised Code as they existed at that time;	75091

(b) With respect to taxes levied by the county for senior	75092
services related purposes, the taxes charged and payable for such	75093
purposes against all property on the tax list of real and public	75094
utility property for tax year 2009.	75095

(26) "Total resources," in the case of county children's	75096
services related functions, means the sum of the amounts in	75097
divisions (A)(26)(a) and (b) of this section less any reduction	75098
required under division (A)(32) of this section.	75099

(a) The sum of the payments received by the county for	75100
children's services related functions in calendar year 2010 under	75101
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	75102
section 5751.22 of the Revised Code as they existed at that time;	75103

(b) With respect to taxes levied by the county for children's	75104
services related purposes, the taxes charged and payable for such	75105
purposes against all property on the tax list of real and public	75106
utility property for tax year 2009.	75107

(27) "Total resources," in the case of county public health	75108
related functions, means the sum of the amounts in divisions	75109
(A)(27)(a) and (b) of this section less any reduction required	75110
under division (A)(32) of this section.	75111

(a) The sum of the payments received by the county for public	75112
health related functions in calendar year 2010 under division	75113
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	75114
5751.22 of the Revised Code as they existed at that time;	75115

(b) With respect to taxes levied by the county for public	75116
health related purposes, the taxes charged and payable for such	75117
purposes against all property on the tax list of real and public	75118
utility property for tax year 2009.	75119

(28) "Total resources," in the case of all county functions	75120
not included in divisions (A)(24) to (27) of this section, means	75121
the sum of the amounts in divisions (A)(28)(a) to (d) of this	75122
section less any reduction required under division (A)(32) or (33)	75123
of this section.	75124

(a) The sum of the payments received by the county for all	75125
other purposes in calendar year 2010 under division (A)(1) of	75126
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	75127
the Revised Code as they existed at that time;	75128

(b) The county's percentage share of county undivided local	75129
government fund allocations as certified to the tax commissioner	75130
for calendar year 2010 by the county auditor under division (J) of	75131
section 5747.51 of the Revised Code or division (F) of section	75132
5747.53 of the Revised Code multiplied by the total amount	75133
actually distributed in calendar year 2010 from the county	75134
undivided local government fund;	75135

(c) With respect to taxes levied by the county for all other	75136
purposes, the taxes charged and payable for such purposes against	75137
all property on the tax list of real and public utility property	75138
for tax year 2009, excluding taxes charged and payable for the	75139
purpose of paying debt charges;	75140

(d) The sum of the amounts distributed to the county in	75141
calendar year 2010 for the taxes levied pursuant to sections	75142
5739.021 and 5741.021 of the Revised Code.	75143

(29) "Total resources," in the case of a municipal	75144
corporation, means the sum of the amounts in divisions (A)(29)(a)	75145
to (g) of this section less any reduction required under division	75146
(A)(32) or (33) of this section.	75147

(a) The sum of the payments received by the municipal	75148
corporation in calendar year 2010 for current expense levy losses	75149
under division (A)(1) of section 5727.86 and divisions (A)(1) and	75150
(2) of section 5751.22 of the Revised Code as they existed at that	75151
time;	75152

(b) The municipal corporation's percentage share of county	75153
undivided local government fund allocations as certified to the	75154
tax commissioner for calendar year 2010 by the county auditor	75155
under division (J) of section 5747.51 of the Revised Code or	75156
division (F) of section 5747.53 of the Revised Code multiplied by	75157
the total amount actually distributed in calendar year 2010 from	75158
the county undivided local government fund;	75159

(c) The sum of the amounts distributed to the municipal	75160
corporation in calendar year 2010 pursuant to section 5747.50 of	75161
the Revised Code;	75162

(d) With respect to taxes levied by the municipal	75163
corporation, the taxes charged and payable against all property on	75164
the tax list of real and public utility property for current	75165
expenses, defined in division (A)~~(33)~~(35) of this section, for tax	75166
year 2009;	75167

(e) The amount of admissions tax collected by the municipal	75168
corporation in calendar year 2008, or if such information has not	75169
yet been reported to the tax commissioner, in the most recent year	75170
before 2008 for which the municipal corporation has reported data	75171
to the commissioner;	75172

(f) The amount of income taxes collected by the municipal	75173
corporation in calendar year 2008, or if such information has not	75174
yet been reported to the tax commissioner, in the most recent year	75175
before 2008 for which the municipal corporation has reported data	75176
to the commissioner;	75177

(g) The municipal corporation's median estate tax	75178
collections.	75179

(30) "Total resources," in the case of a township, means the	75180
sum of the amounts in divisions (A)(30)(a) to (c) of this section	75181
less any reduction required under division (A)(32) or (33) of this	75182
section.	75183

(a) The sum of the payments received by the township in	75184
calendar year 2010 pursuant to division (A)(1) of section 5727.86	75185
of the Revised Code and divisions (A)(1) and (2) of section	75186
5751.22 of the Revised Code as they existed at that time,	75187
excluding payments received for debt purposes;	75188

(b) The township's percentage share of county undivided local	75189
government fund allocations as certified to the tax commissioner	75190
for calendar year 2010 by the county auditor under division (J) of	75191
section 5747.51 of the Revised Code or division (F) of section	75192
5747.53 of the Revised Code multiplied by the total amount	75193
actually distributed in calendar year 2010 from the county	75194
undivided local government fund;	75195

(c) With respect to taxes levied by the township, the taxes	75196
charged and payable against all property on the tax list of real	75197
and public utility property for tax year 2009 excluding taxes	75198
charged and payable for the purpose of paying debt charges.	75199

(31) "Total resources," in the case of a local taxing unit	75200
that is not a county, municipal corporation, or township, means	75201
the sum of the amounts in divisions (A)(31)(a) to (e) of this	75202
section less any reduction required under division (A)(32) of this	75203
section.	75204

(a) The sum of the payments received by the local taxing unit	75205
in calendar year 2010 pursuant to division (A)(1) of section	75206
5727.86 of the Revised Code and divisions (A)(1) and (2) of	75207
section 5751.22 of the Revised Code as they existed at that time;	75208

(b) The local taxing unit's percentage share of county	75209
undivided local government fund allocations as certified to the	75210
tax commissioner for calendar year 2010 by the county auditor	75211
under division (J) of section 5747.51 of the Revised Code or	75212
division (F) of section 5747.53 of the Revised Code multiplied by	75213
the total amount actually distributed in calendar year 2010 from	75214
the county undivided local government fund;	75215

(c) With respect to taxes levied by the local taxing unit,	75216
the taxes charged and payable against all property on the tax list	75217
of real and public utility property for tax year 2009 excluding	75218
taxes charged and payable for the purpose of paying debt charges;	75219

(d) The amount received from the tax commissioner during	75220
calendar year 2010 for sales or use taxes authorized under	75221
sections 5739.023 and 5741.022 of the Revised Code;	75222

(e) For institutions of higher education receiving tax	75223
revenue from a local levy, as identified in section 3358.02 of the	75224
Revised Code, the final state share of instruction allocation for	75225
fiscal year 2010 as calculated by the board of regents and	75226
reported to the state controlling board.	75227

(32) If a fixed-rate levy that is a qualifying levy is not	75228
~~imposed~~charged and payable in any year after tax year 2010,	75229
"total resources" used to compute payments to be made under	75230
division (C)(12) of section 5751.21 or division (A)(1)(b) or (c)	75231
of section 5751.22 of the Revised Code in the tax years following	75232
the last year the levy is ~~imposed~~charged and payable shall be	75233
reduced ~~by the amount of~~to the extent that the payments are	75234
attributable to the fixed-rate levy loss of that levy as would be	75235
computed under division (C)(2) of section 5727.85, division (A)(1)	75236
of section 5727.85, divisions (C)(8) and (9) of section 5751.21,	75237
or division (A)(1) of section 5751.22 of the Revised Code.	75238

(33) In the case of a county, municipal corporation, school	75239
district, or township with fixed-rate levy losses attributable to	75240
a tax levied under section 5705.23 of the Revised Code, "total	75241
resources" used to compute payments to be made under division	75242
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	75243
division (C)(12) of section 5751.21, or division (A)(1)(c) of	75244
section 5751.22 of the Revised Code shall be reduced by the	75245
amounts described in divisions (A)(34)(a) to (c) of this section	75246
to the extent that those amounts were included in calculating the	75247
"total resources" of the school district or local taxing unit	75248
under division (A)(22), (28), (29), or (30) of this section.	75249

(34) "Total library resources," in the case of a county,	75250
municipal corporation, school district, or township public library	75251
that receives the proceeds of a tax levied under section 5705.23	75252
of the Revised Code, means the sum of the amounts in divisions	75253
(A)(34)(a) to (c) of this section less any reduction required	75254
under division (A)(32) of this section.	75255

(a) The sum of the payments received by the county, municipal	75256
corporation, school district, or township public library in	75257
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	75258
Revised Code, as they existed at that time, for fixed-rate levy	75259
losses attributable to a tax levied under section 5705.23 of the	75260
Revised Code for the benefit of the public library;	75261

(b) The public library's percentage share of county undivided	75262
local government fund allocations as certified to the tax	75263
commissioner for calendar year 2010 by the county auditor under	75264
division (J) of section 5747.51 of the Revised Code or division	75265
(F) of section 5747.53 of the Revised Code multiplied by the total	75266
amount actually distributed in calendar year 2010 from the county	75267
undivided local government fund;	75268

(c) With respect to a tax levied pursuant to section 5705.23	75269
of the Revised Code for the benefit of the public library, the	75270
amount of such tax that is charged and payable against all	75271
property on the tax list of real and public utility property for	75272
tax year 2009 excluding any tax that is charged and payable for	75273
the purpose of paying debt charges.	75274

(35) "Municipal current expense property tax levies" means	75275
all property tax levies of a municipality, except those with the	75276
following levy names: airport resurfacing; bond or any levy name	75277
including the word "bond"; capital improvement or any levy name	75278
including the word "capital"; debt or any levy name including the	75279
word "debt"; equipment or any levy name including the word	75280
"equipment," unless the levy is for combined operating and	75281
equipment; employee termination fund; fire pension or any levy	75282
containing the word "pension," including police pensions;	75283
fireman's fund or any practically similar name; sinking fund; road	75284
improvements or any levy containing the word "road"; fire truck or	75285
apparatus; flood or any levy containing the word "flood";	75286
conservancy district; county health; note retirement; sewage, or	75287
any levy containing the words "sewage" or "sewer"; park	75288
improvement; parkland acquisition; storm drain; street or any levy	75289
name containing the word "street"; lighting, or any levy name	75290
containing the word "lighting"; and water.	75291

~~(34)~~(36) "Current expense TPP allocation" means, in the case	75292
of a school district or joint vocational school district, the sum	75293
of the payments received by the school district in fiscal year	75294
2011 pursuant to divisions (C)(10) and (11) of section 5751.21 of	75295
the Revised Code to the extent paid for current expense levies. In	75296
the case of a municipal corporation, "current expense TPP	75297
allocation" means the sum of the payments received by the	75298
municipal corporation in calendar year 2010 pursuant to divisions	75299
(A)(1) and (2) of section 5751.22 of the Revised Code to the	75300
extent paid for municipal current expense property tax levies as	75301
defined in division (A)~~(33)~~(35) of this section, excluding any	75302
such payments received for current expense levy losses	75303
attributable to a tax levied under section 5705.23 of the Revised	75304
Code. If a fixed-rate levy that is a qualifying levy is not	75305
~~imposed~~charged and payable in any year after tax year 2010,	75306
"current expense TPP allocation" used to compute payments to be	75307
made under division (C)(12) of section 5751.21 or division	75308
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	75309
years following the last year the levy is ~~imposed~~charged and	75310
payable shall be reduced ~~by the amount of~~to the extent that the	75311
payments are attributable to the fixed-rate levy loss of that levy	75312
as would be computed under divisions (C)(10) and (11) of section	75313
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	75314

~~(35)~~(37) "TPP allocation" means the sum of payments received	75315
by a local taxing unit in calendar year 2010 pursuant to divisions	75316
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	75317
any such payments received for fixed-rate levy losses attributable	75318
to a tax levied under section 5705.23 of the Revised Code. If a	75319
fixed-rate levy that is a qualifying levy is not ~~imposed~~charged	75320
and payable in any year after tax year 2010, "TPP allocation" used	75321
to compute payments to be made under division (A)(1)(b) or (c) of	75322
section 5751.22 of the Revised Code in the tax years following the	75323
last year the levy is ~~imposed~~charged and payable shall be reduced	75324
~~by the amount of payment~~to the extent that the payments are	75325
attributable to the fixed-rate levy loss of that levy as would be	75326
computed under division (A)(1) of that section.	75327

~~(36)~~(38) "Total TPP allocation" means, in the case of a	75328
school district or joint vocational school district, the sum of	75329
the amounts received in fiscal year 2011 pursuant to divisions	75330
(C)(10) and (11) and (D) of section 5751.21 of the Revised Code.	75331
In the case of a local taxing unit, "total TPP allocation" means	75332
the sum of payments received by the unit in calendar year 2010	75333
pursuant to divisions (A)(1), (2), and (3) of section 5751.22 of	75334
the Revised Code. If a fixed-rate levy that is a qualifying levy	75335
is not ~~imposed~~charged and payable in any year after tax year	75336
2010, "total TPP allocation" used to compute payments to be made	75337
under division (C)(12) of section 5751.21 or division (A)(1)(b) or	75338
(c) of section 5751.22 of the Revised Code in the tax years	75339
following the last year the levy is ~~imposed~~charged and payable	75340
shall be reduced ~~by the amount of~~to the extent that the payments	75341
are attributable to the fixed-rate levy loss of that levy as would	75342
be computed under divisions (C)(10) and (11) of section 5751.21 or	75343
division (A)(1) of section 5751.22 of the Revised Code.	75344

~~(37)~~(39) "Non-current expense TPP allocation" means the	75345
difference of total TPP allocation minus the sum of current	75346
expense TPP allocation and the portion of total TPP allocation	75347
constituting reimbursement for debt levies, pursuant to division	75348
(D) of section 5751.21 of the Revised Code in the case of a school	75349
district or joint vocational school district and pursuant to	75350
division (A)(3) of section 5751.22 of the Revised Code in the case	75351
of a municipal corporation.	75352

~~(38)~~(40) "TPP allocation for library purposes" means the sum	75353
of payments received by a county, municipal corporation, school	75354
district, or township public library in calendar year 2010	75355
pursuant to section 5751.22 of the Revised Code for fixed-rate	75356
levy losses attributable to a tax levied under section 5705.23 of	75357
the Revised Code. If a fixed-rate levy authorized under section	75358
5705.23 of the Revised Code that is a qualifying levy is not	75359
charged and payable in any year after tax year 2010, "TPP	75360
allocation for library purposes" used to compute payments to be	75361
made under division (A)(1)(d) of section 5751.22 of the Revised	75362
Code in the tax years following the last year the levy is charged	75363
and payable shall be reduced to the extent that the payments are	75364
attributable to the fixed-rate levy loss of that levy as would be	75365
computed under division (A)(1) of section 5751.22 of the Revised	75366
Code.	75367

(41) "Threshold per cent" means, in the case of a school	75368
district or joint vocational school district, two per cent for	75369
fiscal year 2012 and four per cent for fiscal years 2013 and	75370
thereafter. In the case of a local taxing unit or public library	75371
that receives the proceeds of a tax levied under section 5705.23	75372
of the Revised Code, "threshold per cent" means two per cent for	75373
tax year 2011, four per cent for tax year 2012, and six per cent	75374
for tax years 2013 and thereafter.	75375

(B) The commercial activities tax receipts fund is hereby	75376
created in the state treasury and shall consist of money arising	75377
from the tax imposed under this chapter. Eighty-five	75378
one-hundredths of one per cent of the money credited to that fund	75379
shall be credited to the ~~tax reform system implementation~~revenue	75380
enhancement fund~~, which is hereby created in the state treasury,~~	75381
and shall be used to defray the costs incurred by the department	75382
of taxation in administering the tax imposed by this chapter and	75383
in implementing tax reform measures. The remainder in the	75384
commercial activities tax receipts fund shall be credited for each	75385
fiscal year in the following percentages to the general revenue	75386
fund, to the school district tangible property tax replacement	75387
fund, which is hereby created in the state treasury for the	75388
purpose of making the payments described in section 5751.21 of the	75389
Revised Code, and to the local government tangible property tax	75390
replacement fund, which is hereby created in the state treasury	75391
for the purpose of making the payments described in section	75392
5751.22 of the Revised Code, in the following percentages:	75393

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	75394
2006	67.7%	22.6%	9.7%	75395
2007	0%	70.0%	30.0%	75396
2008	0%	70.0%	30.0%	75397
2009	0%	70.0%	30.0%	75398
2010	0%	70.0%	30.0%	75399
2011	0%	70.0%	30.0%	75400
2012	25.0%	52.5%	22.5%	75401
2013 and thereafter	50.0%	35.0%	15.0%	75402

(C) Not later than September 15, 2005, the tax commissioner	75403
shall determine for each school district, joint vocational school	75404
district, and local taxing unit its machinery and equipment,	75405
inventory property, furniture and fixtures property, and telephone	75406
property tax value losses, which are the applicable amounts	75407
described in divisions (C)(1), (2), (3), and (4) of this section,	75408
except as provided in division (C)(5) of this section:	75409

(1) Machinery and equipment property tax value loss is the	75410
taxable value of machinery and equipment property as reported by	75411
taxpayers for tax year 2004 multiplied by:	75412

(a) For tax year 2006, thirty-three and eight-tenths per	75413
cent;	75414

(b) For tax year 2007, sixty-one and three-tenths per cent;

75415

75416

(d) For tax year 2009 and thereafter, one hundred per cent.

75417

(2) Inventory property tax value loss is the taxable value of	75418
inventory property as reported by taxpayers for tax year 2004	75419
multiplied by:	75420

(a) For tax year 2006, a fraction, the numerator of which is	75421
five and three-fourths and the denominator of which is	75422
twenty-three;	75423

(b) For tax year 2007, a fraction, the numerator of which is	75424
nine and one-half and the denominator of which is twenty-three;	75425

(c) For tax year 2008, a fraction, the numerator of which is	75426
thirteen and one-fourth and the denominator of which is	75427
twenty-three;	75428

(d) For tax year 2009 and thereafter a fraction, the	75429
numerator of which is seventeen and the denominator of which is	75430
twenty-three.	75431

(3) Furniture and fixtures property tax value loss is the	75432
taxable value of furniture and fixture property as reported by	75433
taxpayers for tax year 2004 multiplied by:	75434

(a) For tax year 2006, twenty-five per cent;

75435

(b) For tax year 2007, fifty per cent;

75436

75437

(d) For tax year 2009 and thereafter, one hundred per cent.

75438

The taxable value of property reported by taxpayers used in	75439
divisions (C)(1), (2), and (3) of this section shall be such	75440
values as determined to be final by the tax commissioner as of	75441
August 31, 2005. Such determinations shall be final except for any	75442
correction of a clerical error that was made prior to August 31,	75443
2005, by the tax commissioner.	75444

(4) Telephone property tax value loss is the taxable value of	75445
telephone property as taxpayers would have reported that property	75446
for tax year 2004 if the assessment rate for all telephone	75447
property for that year were twenty-five per cent, multiplied by:	75448

(a) For tax year 2006, zero per cent;

75449

(b) For tax year 2007, zero per cent;

75450

75451

(d) For tax year 2009, sixty per cent;

75452

(e) For tax year 2010, eighty per cent;

75453

(f) For tax year 2011 and thereafter, one hundred per cent.

75454

(5) Division (C)(5) of this section applies to any school	75455
district, joint vocational school district, or local taxing unit	75456
in a county in which is located a facility currently or formerly	75457
devoted to the enrichment or commercialization of uranium or	75458
uranium products, and for which the total taxable value of	75459
property listed on the general tax list of personal property for	75460
any tax year from tax year 2001 to tax year 2004 was fifty per	75461
cent or less of the taxable value of such property listed on the	75462
general tax list of personal property for the next preceding tax	75463
year.	75464

In computing the fixed-rate levy losses under divisions	75465
(D)(1), (2), and (3) of this section for any school district,	75466
joint vocational school district, or local taxing unit to which	75467
division (C)(5) of this section applies, the taxable value of such	75468
property as listed on the general tax list of personal property	75469
for tax year 2000 shall be substituted for the taxable value of	75470
such property as reported by taxpayers for tax year 2004, in the	75471
taxing district containing the uranium facility, if the taxable	75472
value listed for tax year 2000 is greater than the taxable value	75473
reported by taxpayers for tax year 2004. For the purpose of making	75474
the computations under divisions (D)(1), (2), and (3) of this	75475
section, the tax year 2000 valuation is to be allocated to	75476
machinery and equipment, inventory, and furniture and fixtures	75477
property in the same proportions as the tax year 2004 values. For	75478
the purpose of the calculations in division (A) of section 5751.21	75479
of the Revised Code, the tax year 2004 taxable values shall be	75480
used.	75481

To facilitate the calculations required under division (C) of	75482
this section, the county auditor, upon request from the tax	75483
commissioner, shall provide by August 1, 2005, the values of	75484
machinery and equipment, inventory, and furniture and fixtures for	75485
all single-county personal property taxpayers for tax year 2004.	75486

(D) Not later than September 15, 2005, the tax commissioner	75487
shall determine for each tax year from 2006 through 2009 for each	75488
school district, joint vocational school district, and local	75489
taxing unit its machinery and equipment, inventory, and furniture	75490
and fixtures fixed-rate levy losses, and for each tax year from	75491
2006 through 2011 its telephone property fixed-rate levy loss.	75492
Except as provided in division (F) of this section, such losses	75493
are the applicable amounts described in divisions (D)(1), (2),	75494
(3), and (4) of this section:	75495

(1) The machinery and equipment fixed-rate levy loss is the	75496
machinery and equipment property tax value loss multiplied by the	75497
sum of the tax rates of fixed-rate qualifying levies.	75498

(2) The inventory fixed-rate loss is the inventory property	75499
tax value loss multiplied by the sum of the tax rates of	75500
fixed-rate qualifying levies.	75501

(3) The furniture and fixtures fixed-rate levy loss is the	75502
furniture and fixture property tax value loss multiplied by the	75503
sum of the tax rates of fixed-rate qualifying levies.	75504

(4) The telephone property fixed-rate levy loss is the	75505
telephone property tax value loss multiplied by the sum of the tax	75506
rates of fixed-rate qualifying levies.	75507

(E) Not later than September 15, 2005, the tax commissioner	75508
shall determine for each school district, joint vocational school	75509
district, and local taxing unit its fixed-sum levy loss. The	75510
fixed-sum levy loss is the amount obtained by subtracting the	75511
amount described in division (E)(2) of this section from the	75512
amount described in division (E)(1) of this section:	75513

(1) The sum of the machinery and equipment property tax value	75514
loss, the inventory property tax value loss, and the furniture and	75515
fixtures property tax value loss, and, for 2008 through 2010, the	75516
telephone property tax value loss of the district or unit	75517
multiplied by the sum of the fixed-sum tax rates of qualifying	75518
levies. For 2006 through 2010, this computation shall include all	75519
qualifying levies remaining in effect for the current tax year and	75520
any school district levies ~~imposed~~charged and payable under	75521
section 5705.194 or 5705.213 of the Revised Code that are	75522
qualifying levies not remaining in effect for the current year.	75523
For 2011 through 2017 in the case of school district levies	75524
~~imposed~~charged and payable under section 5705.194 or 5705.213 of	75525
the Revised Code and for all years after 2010 in the case of other	75526
fixed-sum levies, this computation shall include only qualifying	75527
levies remaining in effect for the current year. For purposes of	75528
this computation, a qualifying school district levy ~~imposed~~	75529
charged and payable under section 5705.194 or 5705.213 of the	75530
Revised Code remains in effect in a year after 2010 only if, for	75531
that year, the board of education levies a school district levy	75532
~~imposed~~charged and payable under section 5705.194, 5705.199,	75533
5705.213, or 5705.219 of the Revised Code for an annual sum at	75534
least equal to the annual sum levied by the board in tax year 2004	75535
less the amount of the payment certified under this division for	75536
2006.	75537

(2) The total taxable value in tax year 2004 less the sum of	75538
the machinery and equipment, inventory, furniture and fixtures,	75539
and telephone property tax value losses in each school district,	75540
joint vocational school district, and local taxing unit multiplied	75541
by one-half of one mill per dollar.	75542

(3) For the calculations in divisions (E)(1) and (2) of this	75543
section, the tax value losses are those that would be calculated	75544
for tax year 2009 under divisions (C)(1), (2), and (3) of this	75545
section and for tax year 2011 under division (C)(4) of this	75546
section.	75547

(4) To facilitate the calculation under divisions (D) and (E)	75548
of this section, not later than September 1, 2005, any school	75549
district, joint vocational school district, or local taxing unit	75550
that has a qualifying levy that was approved at an election	75551
conducted during 2005 before September 1, 2005, shall certify to	75552
the tax commissioner a copy of the county auditor's certificate of	75553
estimated property tax millage for such levy as required under	75554
division (B) of section 5705.03 of the Revised Code, which is the	75555
rate that shall be used in the calculations under such divisions.	75556

If the amount determined under division (E) of this section	75557
for any school district, joint vocational school district, or	75558
local taxing unit is greater than zero, that amount shall equal	75559
the reimbursement to be paid pursuant to division (E) of section	75560
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	75561
and the one-half of one mill that is subtracted under division	75562
(E)(2) of this section shall be apportioned among all contributing	75563
fixed-sum levies in the proportion that each levy bears to the sum	75564
of all fixed-sum levies within each school district, joint	75565
vocational school district, or local taxing unit.	75566

(F) If a school district levies a tax under section 5705.219	75567
of the Revised Code, the fixed-rate levy loss for qualifying	75568
levies, to the extent repealed under that section, shall equal the	75569
sum of the following amounts in lieu of the amounts computed for	75570
such levies under division (D) of this section:	75571

(1) The sum of the rates of qualifying levies to the extent	75572
so repealed multiplied by the sum of the machinery and equipment,	75573
inventory, and furniture and fixtures tax value losses for 2009 as	75574
determined under that division;	75575

(2) The sum of the rates of qualifying levies to the extent	75576
so repealed multiplied by the telephone property tax value loss	75577
for 2011 as determined under that division.	75578

The fixed-rate levy losses for qualifying levies to the	75579
extent not repealed under section 5705.219 of the Revised Code	75580
shall be as determined under division (D) of this section. The	75581
revised fixed-rate levy losses determined under this division and	75582
division (D) of this section first apply in the year following the	75583
first year the district levies the tax under section 5705.219 of	75584
the Revised Code.	75585

(G) Not later than October 1, 2005, the tax commissioner	75586
shall certify to the department of education for every school	75587
district and joint vocational school district the machinery and	75588
equipment, inventory, furniture and fixtures, and telephone	75589
property tax value losses determined under division (C) of this	75590
section, the machinery and equipment, inventory, furniture and	75591
fixtures, and telephone fixed-rate levy losses determined under	75592
division (D) of this section, and the fixed-sum levy losses	75593
calculated under division (E) of this section. The calculations	75594
under divisions (D) and (E) of this section shall separately	75595
display the levy loss for each levy eligible for reimbursement.	75596

(H) Not later than October 1, 2005, the tax commissioner	75597
shall certify the amount of the fixed-sum levy losses to the	75598
county auditor of each county in which a school district, joint	75599
vocational school district, or local taxing unit with a fixed-sum	75600
levy loss reimbursement has territory.	75601

(I) Not later than the twenty-eighth day of February each	75602
year beginning in 2011 and ending in 2014, the tax commissioner	75603
shall certify to the department of education for each school	75604
district first levying a tax under section 5705.219 of the Revised	75605
Code in the preceding year the revised fixed-rate levy losses	75606
determined under divisions (D) and (F) of this section.	75607

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	75608
commissioner shall compute the payments to be made to each local	75609
taxing unit, and to each public library that receives the proceeds	75610
of a tax levied under section 5705.23 of the Revised Code, for	75611
each year according to divisions (A)(1), (2), (3), and (4) of this	75612
section as this section existed on that date, and shall distribute	75613
the payments in the manner prescribed by division (C) of this	75614
section. The calculation of the fixed-sum levy loss shall cover a	75615
time period sufficient to include all fixed-sum levies for which	75616
the commissioner determined, pursuant to division (E) of section	75617
5751.20 of the Revised Code, that a fixed-sum levy loss is to be	75618
reimbursed.	75619

(1) Except as provided in division (A)(3) of this section,	75620
for fixed-rate levy losses determined under division (D) of	75621
section 5751.20 of the Revised Code, payments shall be made in an	75622
amount equal to the following:	75623

(a) For tax years 2006 through 2010, one hundred per cent of	75624
such losses;	75625

(b) For the payment in tax year 2011 to be made on or before	75626
the twentieth day of November, the sum of the amount in division	75627
(A)(1)(b)(i) or (ii) and division (A)(1)(b)(iii) of this section:	75628

(i) If the ratio of six-sevenths of the TPP allocation to	75629
total resources is equal to or less than the threshold per cent,	75630
zero;	75631

(ii) If the ratio of six-sevenths of the TPP allocation to	75632
total resources is greater than the threshold per cent, the	75633
difference of six-sevenths of the TPP allocation minus the product	75634
of total resources multiplied by the threshold per cent;	75635

(iii) In the case of a municipal corporation, six-sevenths of	75636
the product of the non-current expense TPP allocation multiplied	75637
by seventy-five per cent.	75638

(c) For tax years 2012 and thereafter, the sum of the amount	75639
in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of	75640
this section:	75641

(i) If the ratio of TPP allocation to total resources is	75642
equal to or less than the threshold per cent, zero;	75643

(ii) If the ratio of TPP allocation to total resources is	75644
greater than the threshold per cent, the TPP allocation minus the	75645
product of total resources multiplied by the threshold per cent;	75646

(iii) In the case of a municipal corporation, non-current	75647
expense TPP allocation multiplied by fifty per cent for tax year	75648
2012 and twenty-five per cent for tax years 2013 and thereafter;	75649

(d) For tax years 2012 and thereafter, in the case of a	75650
county, school district, municipal corporation, or township public	75651
library, the amount in division (A)(1)(d)(i) or (ii) of this	75652
section:	75653

(i) If the ratio of TPP allocation for library purposes to	75654
total library resources is equal to or less than the threshold per	75655
cent, zero;	75656

(ii) If the ratio of TPP allocation for library purposes to	75657
total library resources is greater than the threshold per cent,	75658
the TPP allocation for library purposes minus the product of total	75659
library resources multiplied by the threshold per cent.	75660

(2) For fixed-sum levy losses determined under division (E)	75661
of section 5751.20 of the Revised Code, payments shall be made in	75662
the amount of one hundred per cent of the fixed-sum levy loss for	75663
payments required to be made in 2006 ~~and thereafter~~through 2011,	75664
except that no payments shall be made for qualifying levies that	75665
have expired. For payments required to be made in 2012 and	75666
thereafter, payments shall be made in the amount of fifty per cent	75667
of the fixed-sum levy loss until the qualifying levy has expired.	75668

(3) For taxes levied within the ten-mill limitation or	75669
pursuant to a municipal charter for debt purposes in tax year	75670
2005, payments shall be made based on the schedule in division	75671
(A)(1) of this section for each of the calendar years 2006 through	75672
2010. For each of the calendar years 2011 through 2017, the	75673
percentages for calendar year 2010 shall be used for taxes levied	75674
within the ten-mill limitation or pursuant to a municipal charter	75675
for debt purposes in tax year 2010, as long as such levies	75676
continue to be used for debt purposes. If the purpose of such a	75677
qualifying levy is changed, that levy becomes subject to the	75678
payment schedules in divisions (A)(1)(a) to (h) of this section.	75679
No payments shall be made for such levies after calendar year	75680
2017. For the purposes of this division, taxes levied pursuant to	75681
a municipal charter refer to taxes levied pursuant to a provision	75682
of a municipal charter that permits the tax to be levied without	75683
prior voter approval.	75684

(B) Beginning in 2007, by the thirty-first day of January of	75685
each year, the tax commissioner shall review the calculation	75686
originally made under division (A) of this section of the	75687
fixed-sum levy losses determined under division (E) of section	75688
5751.20 of the Revised Code. If the commissioner determines that a	75689
fixed-sum levy that had been scheduled to be reimbursed in the	75690
current year has expired, a revised calculation for that and all	75691
subsequent years shall be made.	75692

(C) Payments to local taxing units and public libraries	75693
required to be made under division (A) of this section shall be	75694
paid from the local government tangible property tax replacement	75695
fund to the county undivided income tax fund in the proper county	75696
treasury. From May 2006 through November 2010, one-seventh of the	75697
amount determined under that division shall be paid by the last	75698
day of May each year, and three-sevenths shall be paid by the last	75699
day of August and October each year. From May 2011 through	75700
November 2013, one-seventh of the amount determined under that	75701
division shall be paid on or before the last day of May each year,	75702
and six-sevenths shall be paid on or before the ~~twentieth~~	75703
thirtieth day of November each year, except that in November 2011,	75704
the payment shall equal one hundred per cent of the amount	75705
calculated for that payment. Beginning in May 2014, one-half of	75706
the amount determined under that division shall be paid on or	75707
before the last day of May each year, and one-half shall be paid	75708
on or before the ~~twentieth~~thirtieth day of November each year.	75709
Within ~~forty~~thirty days after receipt of such payments, the	75710
county treasurer shall distribute amounts determined under	75711
division (A) of this section to the proper local taxing unit or	75712
public library as if they had been levied and collected as taxes,	75713
and the local taxing unit or public library shall apportion the	75714
amounts so received among its funds in the same proportions as if	75715
those amounts had been levied and collected as taxes.	75716

(D) For each of the fiscal years 2006 through 2018, if the	75717
total amount in the local government tangible property tax	75718
replacement fund is insufficient to make all payments under	75719
division (C) of this section at the times the payments are to be	75720
made, the director of budget and management shall transfer from	75721
the general revenue fund to the local government tangible property	75722
tax replacement fund the difference between the total amount to be	75723
paid and the amount in the local government tangible property tax	75724
replacement fund. For each fiscal year after 2018, at the time	75725
payments under division (A)(2) of this section are to be made, the	75726
director of budget and management shall transfer from the general	75727
revenue fund to the local government property tax replacement fund	75728
the amount necessary to make such payments.	75729

(E) On the fifteenth day of June of each year from 2006	75730
through 2018, the director of budget and management may transfer	75731
any balance in the local government tangible property tax	75732
replacement fund to the general revenue fund.	75733

(F) If all or a part of the territories of two or more local	75734
taxing units are merged, or unincorporated territory of a township	75735
is annexed by a municipal corporation, the tax commissioner shall	75736
adjust the payments made under this section to each of the local	75737
taxing units in proportion to the square mileage of the merged or	75738
annexed territory as a percentage of the total square mileage of	75739
the jurisdiction from which the territory originated, or as	75740
otherwise provided by a written agreement between the legislative	75741
authorities of the local taxing units certified to the	75742
commissioner not later than the first day of June of the calendar	75743
year in which the payment is to be made.	75744

Sec. 5751.54. (A) Any term used in this section has the same	75745
meaning as in section 122.85 of the Revised Code.	75746

(B) There is allowed a refundable credit against the tax	75747
imposed by section 5751.02 of the Revised Code for any person that	75748
is the certificate owner of a tax credit certificate issued under	75749
section 122.85 of the Revised Code. The credit amount equals the	75750
amount stated in the certificate. The credit shall be claimed in	75751
the order required under section 5751.98 of the Revised Code. If	75752
the credit amount exceeds the tax otherwise due under section	75753
5751.02 of the Revised Code after deducting all other credits in	75754
that order, the excess shall be refunded.	75755

(C) Nothing in this section allows a person to claim more	75756
than one credit per tax credit-eligible production.	75757

Sec. 5751.98. (A) To provide a uniform procedure for	75758
calculating the amount of tax due under this chapter, a taxpayer	75759
shall claim any credits to which it is entitled in the following	75760
order:	75761

(1) The nonrefundable jobs retention credit under division	75762
(B) of section 5751.50 of the Revised Code;	75763

(2) The nonrefundable credit for qualified research expenses	75764
under division (B) of section 5751.51 of the Revised Code;	75765

(3) The nonrefundable credit for a borrower's qualified	75766
research and development loan payments under division (B) of	75767
section 5751.52 of the Revised Code;	75768

(4) The nonrefundable credit for calendar years 2010 to 2029	75769
for unused net operating losses under division (B) of section	75770
5751.53 of the Revised Code;	75771

(5) The refundable motion picture production credit ~~for~~	75772
~~calendar year 2030 for unused net operating losses~~ under ~~division~~	75773
~~(C) of~~ section ~~5751.53~~5751.54 of the Revised Code;	75774

(6) The refundable jobs creation credit or job retention	75775
credit under division (A) of section 5751.50 of the Revised Code;	75776

(7) The refundable credit for calendar year 2030 for unused	75777
net operating losses under division (C) of section 5751.53 of the	75778
Revised Code.	75779

(B) For any credit except the refundable credits enumerated	75780
in this section, the amount of the credit for a tax period shall	75781
not exceed the tax due after allowing for any other credit that	75782
precedes it in the order required under this section. Any excess	75783
amount of a particular credit may be carried forward if authorized	75784
under the section creating the credit.	75785

Sec. 5753.03. (A) For the purpose of receiving and	75786
distributing, and accounting for, revenue received from the tax	75787
levied by section 5753.02 of the Revised Code, the following funds	75788
are created in the state treasury:	75789

(1) The casino tax revenue fund;

75790

(2) The gross casino revenue county fund;

75791

(3) The gross casino revenue county student fund;

75792

(4) The gross casino revenue host city fund;

75793

(5) The Ohio state racing commission fund;

75794

(6) The Ohio law enforcement training fund;

75795

(7) The problem casino gambling and addictions fund;

75796

(8) The casino control commission fund;

75797

(9) The casino tax administration fund;

75798

(10) The peace officer training academy fund;

75799

(11) The criminal justice services casino tax revenue fund.

75800

(B) All moneys collected from the tax levied under this	75801
chapter shall be deposited into the casino tax revenue fund.	75802

(C) From the casino tax revenue fund the director of budget	75803
and management shall transfer as needed to the tax refund fund	75804
amounts equal to the refunds certified by the tax commissioner	75805
under section 5753.06 of the Revised Code.	75806

(D) After making any transfers required by division (C) of	75807
this section, but not later than the fifteenth day of the month	75808
following the end of each calendar quarter, the director of budget	75809
and management shall transfer amounts to each fund as follows:	75810

(1) Fifty-one per cent to the gross casino revenue county	75811
fund to make payments as required by Section 6(C)(3)(a) of Article	75812
XV, Ohio Constitution;	75813

(2) Thirty-four per cent to the gross casino revenue county	75814
student fund to make payments as required by Section 6(C)(3)(b) of	75815
Article XV, Ohio Constitution;	75816

(3) Five per cent to the gross casino revenue host city fund	75817
for the benefit of the cities in which casino facilities are	75818
located;	75819

(4) Three per cent to the Ohio state racing commission fund	75820
to support the efforts and activities of the Ohio state racing	75821
commission to promote horse racing in this state at which the	75822
pari-mutuel system of wagering is conducted;	75823

(5) Two per cent to the Ohio law enforcement training fund to	75824
support law enforcement functions in the state;	75825

(6) Two per cent to the problem casino gambling and	75826
addictions fund to support efforts of the department of alcohol	75827
and drug addiction services to alleviate problem gambling and	75828
substance abuse and related research in the state under section	75829
3793.032 of the Revised Code;	75830

(7) Three per cent to the casino control commission fund to	75831
support the operations of the Ohio casino control commission and	75832
to defray the cost of administering the tax levied under section	75833
5753.02 of the Revised Code.	75834

Payments under divisions (D)(1), (2), and (3) of this section	75835
shall be made by the end of the month following the end of the	75836
quarterly period. The tax commissioner shall make the data	75837
available to the director of budget and management for this	75838
purpose.	75839

Of the money credited to the Ohio law enforcement training	75840
fund, the director of budget and management shall distribute	75841
eighty-five per cent of the money to the police officer training	75842
academy fund for the purpose of supporting the law enforcement	75843
training efforts of the Ohio peace officer training academy and	75844
fifteen per cent of the money to the criminal justice services	75845
casino tax revenue fund for the purpose of supporting the law	75846
enforcement training efforts of the division of criminal justice	75847
services.	75848

(E) The director of budget and management shall transfer one	75849
per cent of the money credited to the casino control commission	75850
fund to the casino tax administration fund. The tax commissioner	75851
shall use the casino tax administration fund to defray the costs	75852
incurred in administering the tax levied by this chapter.	75853

Sec. 5902.02. The duties of the director of veterans	75854
services shall include the following:	75855

(A) Furnishing the veterans service commissions of all	75856
counties of the state copies of the state laws, rules, and	75857
legislation relating to the operation of the commissions and their	75858
offices;	75859

(B) Upon application, assisting the general public in	75860
obtaining records of vital statistics pertaining to veterans or	75861
their dependents;	75862

(C) Adopting rules pursuant to Chapter 119. of the Revised	75863
Code pertaining to minimum qualifications for hiring, certifying,	75864
and accrediting county veterans service officers, pertaining to	75865
their required duties, and pertaining to revocation of the	75866
certification of county veterans service officers;	75867

(D) Adopting rules pursuant to Chapter 119. of the Revised	75868
Code for the education, training, certification, and duties of	75869
veterans service commissioners and for the revocation of the	75870
certification of a veterans service commissioner;	75871

(E) Developing and monitoring programs and agreements	75872
enhancing employment and training for veterans in single or	75873
multiple county areas;	75874

(F) Developing and monitoring programs and agreements to	75875
enable county veterans service commissions to address	75876
homelessness, indigency, and other veteran-related issues	75877
individually or jointly;	75878

(G) Developing and monitoring programs and agreements to	75879
enable state agencies, individually or jointly, that provide	75880
services to veterans, including the veterans' homes operated under	75881
Chapter 5907. of the Revised Code and the director of job and	75882
family services, to address homelessness, indigency, employment,	75883
and other veteran-related issues;	75884

(H) Establishing and providing statistical reporting formats	75885
and procedures for county veterans service commissions;	75886

(I) Publishing ~~annually, promulgating change notices for, and~~	75887
~~distributing~~electronically a listing of county veterans service	75888
~~officers,~~offices and county veterans service commissioners~~, state~~	75889
~~directors of veterans affairs, and national and state service~~	75890
~~officers of accredited veterans organizations and their state~~	75891
~~headquarters~~. The listing shall include the expiration dates of	75892
commission members' terms of office and the organizations they	75893
represent; the names, addresses, and telephone numbers of county	75894
veterans service ~~officers and state directors of veterans affairs~~	75895
offices; and the addresses and telephone numbers of the Ohio	75896
offices and headquarters of state and national veterans service	75897
organizations.	75898

(J) Establishing a veterans advisory committee to advise and	75899
assist the department of veterans services in its duties. Members	75900
shall include a member of the national guard association of the	75901
United States who is a resident of this state, a member of the	75902
military officers association of America who is a resident of this	75903
state, a state representative of congressionally chartered	75904
veterans organizations referred to in section 5901.02 of the	75905
Revised Code, a representative of any other congressionally	75906
chartered state veterans organization that has at least one	75907
veterans service commissioner in the state, three representatives	75908
of the Ohio state association of county veterans service	75909
commissioners, who shall have a combined vote of one, three	75910
representatives of the state association of county veterans	75911
service officers, who shall have a combined vote of one, one	75912
representative of the county commissioners association of Ohio,	75913
who shall be a county commissioner not from the same county as any	75914
of the other county representatives, a representative of the	75915
advisory committee on women veterans, a representative of a labor	75916
organization, and a representative of the office of the attorney	75917
general. The department of veterans services shall submit to the	75918
advisory committee proposed rules for the committee's operation.	75919
The committee may review and revise these proposed rules prior to	75920
submitting them to the joint committee on agency rule review.	75921

(K) Adopting, with the advice and assistance of the veterans	75922
advisory committee, policy and procedural guidelines that the	75923
veterans service commissions shall adhere to in the development	75924
and implementation of rules, policies, procedures, and guidelines	75925
for the administration of Chapter 5901. of the Revised Code. The	75926
department of veterans services shall adopt no guidelines or rules	75927
regulating the purposes, scope, duration, or amounts of financial	75928
assistance provided to applicants pursuant to sections 5901.01 to	75929
5901.15 of the Revised Code. The director of veterans services may	75930
obtain opinions from the office of the attorney general regarding	75931
rules, policies, procedures, and guidelines of the veterans	75932
service commissions and may enforce compliance with Chapter 5901.	75933
of the Revised Code.	75934

(L) Receiving copies of form DD214 filed in accordance with	75935
the director's guidelines adopted under division (L) of this	75936
section from members of veterans service commissions appointed	75937
under section 5901.02 and from county veterans service officers	75938
employed under section 5901.07 of the Revised Code;	75939

(M) Developing and maintaining and improving a resource, such	75940
as a telephone answering point or a web site, by means of which	75941
veterans and their dependents, through a single portal, can access	75942
multiple sources of information and interaction with regard to the	75943
rights of, and the benefits available to, veterans and their	75944
dependents. The director of veterans services may enter into	75945
agreements with state and federal agencies, with agencies of	75946
political subdivisions, with state and local instrumentalities,	75947
and with private entities as necessary to make the resource as	75948
complete as is possible.	75949

(N) Planning, organizing, advertising, and conducting	75950
outreach efforts, such as conferences and fairs, at which veterans	75951
and their dependents may meet, learn about the organization and	75952
operation of the department of veterans services and of veterans	75953
service commissions, and obtain information about the rights of,	75954
and the benefits and services available to, veterans and their	75955
dependents;	75956

(O) Advertising, in print, on radio and television, and	75957
otherwise, the rights of, and the benefits and services available	75958
to, veterans and their dependents;	75959

(P) Developing and advocating improved benefits and services	75960
for, and improved delivery of benefits and services to, veterans	75961
and their dependents;	75962

(Q) Searching for, identifying, and reviewing statutory and	75963
administrative policies that relate to veterans and their	75964
dependents and reporting to the general assembly statutory and	75965
administrative policies that should be consolidated in whole or in	75966
part within the organization of the department of veterans	75967
services to unify funding, delivery, and accounting of statutory	75968
and administrative policy expressions that relate particularly to	75969
veterans and their dependents;	75970

(R) Encouraging veterans service commissions to innovate and	75971
otherwise to improve efficiency in delivering benefits and	75972
services to veterans and their dependents and to report successful	75973
innovations and efficiencies to the director of veterans services;	75974

(S) Publishing and encouraging adoption of successful	75975
innovations and efficiencies veterans service commissions have	75976
achieved in delivering benefits and services to veterans and their	75977
dependents;	75978

(T) Establishing advisory committees, in addition to the	75979
veterans advisory committee established under division (K) of this	75980
section, on veterans issues;	75981

(U) Developing and maintaining a relationship with the United	75982
States department of veterans affairs, seeking optimal federal	75983
benefits and services for Ohio veterans and their dependents, and	75984
encouraging veterans service commissions to maximize the federal	75985
benefits and services to which veterans and their dependents are	75986
entitled;	75987

(V) Developing and maintaining relationships with the several	75988
veterans organizations, encouraging the organizations in their	75989
efforts at assisting veterans and their dependents, and advocating	75990
for adequate state subsidization of the organizations;	75991

(W) Requiring the several veterans organizations that receive	75992
funding from the state annually to report to the director of	75993
veterans services and prescribing the form and content of the	75994
report;	75995

(X) Investigating complaints against county veterans services	75996
commissioners and county veterans service officers if the director	75997
reasonably believes the investigation to be appropriate and	75998
necessary;	75999

(Y) Taking any other actions required by this chapter.

76000

Sec. 6109.21. (A) Except as provided in divisions ~~(D)~~(I) and	76001
~~(E)~~(J) of this section, ~~on and after January 1, 1994,~~ no person	76002
shall operate ~~or maintain~~ a public water system in this state	76003
without a license issued by the director of environmental	76004
protection. ~~A person who operates or maintains a public water~~	76005
~~system on January 1, 1994, shall obtain an initial license under~~	76006
~~this section in accordance with the following schedule:~~	76007

~~(1) If the public water system is a community water system,~~	76008
~~not later than January 31, 1994;~~	76009

~~(2) If the public water system is not a community water~~	76010
~~system and serves a nontransient population, not later than~~	76011
~~January 31, 1994;~~	76012

~~(3) If the public water system is not a community water~~	76013
~~system and serves a transient population, not later than January~~	76014
~~31, 1995.~~	76015

~~A person proposing to operate or maintain a new public water~~	76016
~~system after January 1, 1994, in addition to complying with~~	76017
~~section 6109.07 of the Revised Code and rules adopted under it,~~	76018
~~shall submit an application for an initial license under this~~	76019
~~section to the director prior to commencing operation of the~~	76020
~~system.~~	76021

~~A license or license renewal issued under this section shall~~	76022
~~be renewed annually. Such a license or license renewal shall~~	76023
~~expire on the thirtieth day of January in the year following its~~	76024
~~issuance. A license holder that proposes to continue operating the~~	76025
~~public water system for which the license or license renewal was~~	76026
~~issued shall apply for a license renewal at least thirty days~~	76027
~~prior to that expiration date.~~	76028

~~The director shall adopt, and may amend and rescind, rules in~~	76029
~~accordance with Chapter 119. of the Revised Code establishing~~	76030
~~procedures governing and information to be included on~~	76031
~~applications for licenses and license renewals under this section.~~	76032
~~Through~~(B)(1) A person who proposes to operate a new public water	76033
system, in addition to complying with section 6109.07 of the	76034
Revised Code and rules adopted under it, shall obtain an initial	76035
license from the director. The person shall submit an application	76036
for the initial license at least forty-five days prior to	76037
commencing the operation of the system.	76038

(C) A license shall expire on the thirtieth day of January in	76039
the year following its issuance.	76040

(D) A license shall be renewed annually. A person proposing	76041
to continue operating a public water system shall apply for a	76042
license renewal at least thirty days prior to the expiration date	76043
of the license.	76044

(E) Through June 30, 2014, each application for a license or	76045
license renewal shall be accompanied by the appropriate fee	76046
established under division (M) of section 3745.11 of the Revised	76047
Code~~, provided that~~. However, an applicant for an initial license	76048
who is proposing to operate ~~or maintain~~ a new public water system	76049
~~after January 1, 1994,~~ shall submit a fee that equals a prorated	76050
amount of the appropriate fee established under that division for	76051
the remainder of the licensing year.	76052

~~(B)~~(F) Not later than thirty days after receiving a completed	76053
application and the appropriate license fee for ~~an initial~~a	76054
license ~~under division (A) of this section, the director shall~~	76055
~~issue the~~or license renewal for ~~the~~a public water system~~. Not~~	76056
~~later than thirty days after receiving a completed application and~~	76057
~~the appropriate license fee for a license renewal under division~~	76058
~~(A) of this section~~, the director shall do one of the following:	76059

(1) Issue the license or license renewal for the public water	76060
system;	76061

(2) Issue the license or license renewal subject to terms and	76062
conditions that the director determines are necessary to ensure	76063
compliance with this chapter and rules adopted under it;	76064

(3) Deny the license or license renewal if the director finds	76065
that the public water system ~~was not~~cannot be operated in	76066
substantial compliance with this chapter and rules adopted under	76067
it.	76068

~~(C)~~(G) The director may condition, suspend, or revoke a	76069
license or license renewal issued under this section at any time	76070
if the director finds that the public water system was not or will	76071
not be operated in substantial compliance with this chapter and	76072
rules adopted under it. ~~The director shall adopt, and may amend~~	76073
~~and rescind, rules in accordance with Chapter 119. of the Revised~~	76074
~~Code governing such suspensions and revocations.~~	76075

~~(D)~~(H) The director shall adopt rules in accordance with	76076
Chapter 119. of the Revised Code establishing procedures and	76077
requirements governing both of the following:	76078

(1) Information to be included on applications for licenses	76079
and license renewals issued under this section;	76080

(2) The issuance, conditioning, suspension, revocation, and	76081
denial of licenses and license renewals under this section.	76082

(I)(1) As used in division ~~(D)~~(I) of this section, "church"	76083
means a fellowship of believers, congregation, society,	76084
corporation, convention, or association that is formed primarily	76085
or exclusively for religious purposes and that is not formed or	76086
operated for the private profit of any person.	76087

(2) This section does not apply to a church that operates or	76088
maintains a public water system solely to provide water for that	76089
church or for a campground that is owned by the church and	76090
operated primarily or exclusively for members of the church and	76091
their families. ~~A church that, on or before March 5, 1996, has~~	76092
~~obtained a license under this section for such a public water~~	76093
~~system need not obtain a license renewal under this section.~~	76094

~~(E)~~(J) This section does not apply to any public or nonpublic	76095
school that meets minimum standards of the state board of	76096
education that operates or maintains a public water system solely	76097
to provide water for that school.	76098

~~(F)~~(K) The environmental protection agency shall collect well	76099
log filing fees on behalf of the division of soil and water	76100
resources in the department of natural resources in accordance	76101
with section 1521.05 of the Revised Code and rules adopted under	76102
it. The fees shall be submitted to the division quarterly as	76103
provided in those rules.	76104

Sec. 6111.46. (A) The environmental protection agency shall	76105
exercise general supervision of the treatment and disposal of	76106
sewage and industrial wastes and the operation and maintenance of	76107
works or means installed for the collection, treatment, and	76108
disposal of sewage and industrial wastes. Such general supervision	76109
shall apply to all features of construction, operation, and	76110
maintenance of the works or means that do or may affect the proper	76111
treatment and disposal of sewage and industrial wastes.	76112

(B)(1) The agency shall investigate the works or means	76113
employed in the collection, treatment, and disposal of sewage and	76114
industrial wastes whenever considered necessary or whenever	76115
requested to do so by local health officials and may issue and	76116
enforce orders and shall adopt rules governing the operation and	76117
maintenance of the works or means of treatment and disposal of	76118
such sewage and industrial wastes. In adopting rules under this	76119
section, the agency shall establish standards governing the	76120
construction, operation, and maintenance of the works or means of	76121
collection, treatment, and disposal of sewage that is generated at	76122
recreational vehicle parks, recreation camps, combined park-camps,	76123
and temporary park-camps that are separate from such standards	76124
relative to manufactured home parks.	76125

(2) As used in division (B)(1) of this section:

76126

(a) "Manufactured home parks" has the same meaning as in	76127
section ~~3733.01~~4781.01 of the Revised Code.	76128

(b) "Recreational vehicle parks," "recreation camps,"	76129
"combined park-camps," and "temporary park-camps" have the same	76130
meanings as in section 3729.01 of the Revised Code.	76131

(C) The agency may require the submission of records and data	76132
of construction, operation, and maintenance, including plans and	76133
descriptions of existing works or means of treatment and disposal	76134
of such sewage and industrial wastes. When the agency requires the	76135
submission of such records or information, the public officials or	76136
person, firm, or corporation having the works in charge shall	76137
comply promptly with that order.	76138

Sec. 6115.20. (A) When it is determined to let the work	76139
relating to the improvements for which a sanitary district was	76140
established by contract, contracts in amounts to exceed ~~ten~~fifty	76141
thousand dollars shall be advertised after notice calling for bids	76142
has been published once a week for five consecutive weeks	76143
completed on the date of last publication or as provided in	76144
section 7.16 of the Revised Code, in a newspaper of general	76145
circulation within the sanitary district where the work is to be	76146
done. The board of directors of the sanitary district shall let	76147
bids as provided in this section or, if applicable, section 9.312	76148
of the Revised Code. If the bids are for a contract for the	76149
construction, demolition, alteration, repair, or reconstruction of	76150
an improvement, the board of directors of the sanitary district	76151
shall let the contract to the lowest or best bidder who meets the	76152
requirements of section 153.54 of the Revised Code. If the bids	76153
are for a contract for any other work relating to the improvements	76154
for which a sanitary district was established, the board of	76155
directors of the sanitary district shall let the contract to the	76156
lowest or best bidder who gives a good and approved bond, with	76157
ample security, conditioned on the carrying out of the contract	76158
and the payment for all labor and material. The contract shall be	76159
in writing and shall be accompanied by or shall refer to plans and	76160
specifications for the work to be done prepared by the chief	76161
engineer. The plans and specifications at all times shall be made	76162
and considered a part of the contract. The contract shall be	76163
approved by the board and signed by the president of the board and	76164
by the contractor and shall be executed in duplicate. In case of	76165
emergency the advertising of contracts may be waived upon the	76166
consent of the board with the approval of the court or judge in	76167
vacation.	76168

(B) In the case of a sanitary district organized wholly for	76169
the purpose of providing a water supply for domestic, municipal,	76170
and public use that includes two municipal corporations in two	76171
counties, any service to be purchased, including the services of	76172
an accountant, architect, attorney at law, physician, or	76173
professional engineer, at a cost in excess of ~~ten~~fifty thousand	76174
dollars shall be obtained in the manner provided in sections	76175
153.65 to 153.73 of the Revised Code. For the purposes of the	76176
application of those sections to division (B) of this section, all	76177
of the following apply:	76178

(1) "Public authority," as used in those sections, shall be	76179
deemed to mean a sanitary district organized wholly for the	76180
purpose of providing a water supply for domestic, municipal, and	76181
public use that includes two municipal corporations in two	76182
counties;	76183

(2) "Professional design firm," as used in those sections,	76184
shall be deemed to mean any person legally engaged in rendering	76185
professional design services as defined in division (B)(3) of this	76186
section;	76187

(3) "Professional design services," as used in those	76188
sections, shall be deemed to mean accounting, architectural,	76189
legal, medical, or professional engineering services;	76190

(4) The use of other terms in those sections shall be adapted	76191
accordingly, including, without limitation, for the purposes of	76192
division (D) of section 153.67 of the Revised Code;	76193

(5) Divisions (A) to (C) of section 153.71 of the Revised	76194
Code do not apply.	76195

(C) The board of directors of a district organized wholly for	76196
the purpose of providing a water supply for domestic, municipal,	76197
and public use may contract for, purchase, or otherwise procure	76198
for the benefit of employees of the district and pay all or any	76199
part of the cost of group insurance policies that may provide	76200
benefits, including, but not limited to, hospitalization, surgical	76201
care, major medical care, disability, dental care, vision care,	76202
medical care, hearing aids, or prescription drugs. Any group	76203
insurance policy purchased under this division shall be purchased	76204
from the health care corporation that the board of directors	76205
determines offers the most cost-effective group insurance policy.	76206

Section 101.02. That existing sections 7.10, 7.16, 102.02,	76207
105.41, 109.57, 109.572, 109.803, 118.023, 118.06, 120.08, 120.53,	76208
121.04, 121.08, 121.083, 121.084, 122.07, 121.22, 122.15, 122.151,	76209
122.152, 122.153, 122.154, 122.17, 122.171, 122.28, 122.30,	76210
122.31, 122.32, 122.33, 122.34, 122.35, 122.36, 122.85, 123.01,	76211
123.011, 123.024, 123.07, 123.08, 123.09, 123.10, 123.101, 123.11,	76212
123.13, 123.14, 123.15, 123.152, 123.17, 123.21, 123.46, 123.47,	76213
123.48, 123.49, 123.77, 124.04, 124.06, 124.11, 124.12, 124.14,	76214
124.231, 124.241, 124.25, 124.26, 124.27, 124.30, 124.31, 125.082,	76215
125.14, 126.14, 131.02, 140.01, 140.03, 140.05, 140.08, 145.01,	76216
145.012, 145.114, 145.116, 149.01, 149.311, 150.01, 150.03,	76217
150.05, 150.07, 150.10, 152.18, 152.24, 153.01, 153.011, 153.013,	76218
153.02, 153.04, 153.06, 153.07, 153.08, 153.09, 153.11, 153.12,	76219
153.14, 153.16, 153.17, 153.502, 153.503, 153.53, 167.04, 173.14,	76220
173.21, 173.23, 173.26, 173.27, 173.391, 173.394, 173.40, 173.42,	76221
173.45, 173.46, 184.02, 185.01, 185.02, 185.03, 185.05, 185.06,	76222
185.07, 185.09, 185.12, 305.171, 306.04, 306.36, 307.05, 307.051,	76223
307.055, 309.09, 313.121, 313.122, 313.16, 317.24, 319.59, 329.01,	76224
329.40, 329.41, 329.42, 329.43, 329.44, 329.45, 329.46, 330.04,	76225
339.091, 340.03, 340.091, 505.37, 505.375, 505.44, 505.72,	76226
715.013, 723.52, 723.53, 731.141, 735.05, 737.03, 742.114,	76227
742.116, 749.26, 749.28, 749.31, 753.15, 755.29, 755.30, 901.54,	76228
955.16, 955.26, 991.02, 1121.23, 1155.03, 1163.05, 1315.141,	76229
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1345.05, 1501.04,	76230
1502.01, 1502.02, 1502.03, 1502.04, 1502.05, 1502.06, 1502.07,	76231
1502.12, 1502.99, 1503.012, 1503.43, 1506.42, 1509.071, 1509.36,	76232
1541.26, 1551.33, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06,	76233
1571.14, 1701.86, 1702.47, 1707.08, 1707.391, 1733.47, 1751.01,	76234
1751.02, 1751.13, 1761.26, 1901.18, 1909.11, 1923.01, 1923.02,	76235
1923.061, 1923.15, 2151.86, 2152.121, 2152.22, 2301.03, 2301.18,	76236
2301.20, 2301.21, 2301.22, 2301.23, 2301.24, 2301.25, 2301.26,	76237
2301.27, 2301.271, 2301.571, 2305.01, 2305.02, 2307.89, 2317.02,	76238
2317.422, 2317.56, 2319.27, 2501.16, 2501.17, 2743.01, 2743.02,	76239
2743.09, 2743.10, 2743.48, 2746.01, 2746.03, 2746.04, 2903.33,	76240
2907.27, 2907.29, 2909.21, 2909.28, 2927.023, 2929.01, 2929.19,	76241
2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2953.32,	76242
2961.22, 2967.03, 2967.05, 2967.14, 2967.19, 2967.191, 2967.193,	76243
2967.26, 2967.28, 2981.11, 2981.14, 3125.41, 3301.55, 3304.14,	76244
3304.16, 3304.181, 3304.182, 3307.152, 3307.154, 3309.157,	76245
3309.159, 3313.65, 3313.71, 3316.04, 3316.06, 3318.10, 3318.30,	76246
3318.31, 3333.04, 3333.041, 3333.123, 3333.21, 3333.31, 3333.60,	76247
3333.61, 3333.71, 3333.72, 3345.16, 3345.28, 3345.50, 3345.51,	76248
3345.54, 3345.69, 3345.692, 3347.03, 3383.02, 3383.07, 3701.021,	76249
3701.023, 3701.024, 3701.025, 3701.03, 3701.05, 3701.07, 3701.072,	76250
3701.11, 3701.132, 3701.146, 3701.161, 3701.20, 3701.201, 3701.21,	76251
3701.221, 3701.23, 3701.232, 3701.24, 3701.241, 3701.242,	76252
3701.248, 3701.341, 3701.342, 3701.343, 3701.344, 3701.345,	76253
3701.347, 3701.352, 3701.40, 3701.503, 3701.507, 3701.508,	76254
3701.509, 3701.57, 3701.63, 3701.74, 3701.87, 3701.881, 3702.141,	76255
3702.31, 3702.51, 3702.52, 3702.522, 3702.523, 3702.524, 3702.525,	76256
3702.526, 3702.53, 3702.531, 3702.54, 3702.55, 3702.56, 3702.57,	76257
3702.59, 3702.592, 3702.593, 3702.594, 3702.60, 3702.62, 3703.01,	76258
3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10,	76259
3703.21, 3703.99, 3704.035, 3705.24, 3705.30, 3706.19, 3709.03,	76260
3709.04, 3709.06, 3709.08, 3709.085, 3709.09, 3709.092, 3709.28,	76261
3709.32, 3709.34, 3709.35, 3709.36, 3710.01, 3710.02, 3710.04,	76262
3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 3710.09, 3710.10,	76263
3710.12, 3710.13, 3710.17, 3711.04, 3711.06, 3711.08, 3711.12,	76264
3711.21, 3712.03, 3712.04, 3712.09, 3713.01, 3713.02, 3713.03,	76265
3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09, 3713.10,	76266
3714.073, 3715.01, 3715.025, 3715.60, 3715.61, 3715.62, 3715.68,	76267
3716.01, 3716.03, 3717.01, 3717.04, 3717.05, 3717.07, 3717.45,	76268
3717.51, 3718.02, 3718.021, 3718.022, 3718.05, 3718.06, 3718.07,	76269
3718.09, 3721.01, 3721.011, 3721.02, 3721.03, 3721.032, 3721.04,	76270
3721.07, 3721.071, 3721.121, 3721.13, 3721.21, 3721.28, 3721.29,	76271
3721.50, 3721.51, 3723.06, 3723.07, 3723.09, 3725.02, 3727.01,	76272
3727.42, 3729.01, 3729.02, 3729.03, 3729.04, 3729.07, 3729.08,	76273
3730.10, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03,	76274
3733.04, 3733.05, 3733.06, 3733.07, 3733.08, 3733.09, 3733.091,	76275
3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123,	76276
3733.13, 3733.14, 3733.15, 3733.16, 3733.17, 3733.18, 3733.19,	76277
3733.20, 3733.41, 3733.42, 3734.01, 3734.131, 3734.15, 3734.51,	76278
3734.55, 3734.79, 3734.82, 3735.37, 3737.83, 3737.841, 3742.01,	76279
3742.02, 3742.03, 3742.04, 3742.05, 3742.30, 3742.47, 3742.50,	76280
3743.04, 3743.06, 3743.19, 3743.25, 3745.01, 3745.05, 3745.11,	76281
3745.112, 3748.04, 3748.05, 3748.07, 3748.10, 3748.12, 3748.13,	76282
3748.15, 3748.20, 3749.02, 3749.03, 3749.04, 3752.06, 3769.28,	76283
3770.06, 3781.03, 3781.06, 3781.102, 3781.11, 3781.112, 3783.05,	76284
3791.02, 3791.04, 3791.05, 3791.07, 3793.04, 3793.09, 4104.01,	76285
4104.02, 4104.06, 4104.07, 4104.08, 4104.09, 4104.10, 4104.101,	76286
4104.12, 4104.15, 4104.16, 4104.17, 4104.18, 4104.19, 4104.21,	76287
4104.33, 4104.42, 4104.43, 4104.44, 4104.48, 4105.01, 4105.02,	76288
4105.03, 4105.04, 4105.05, 4105.06, 4105.09, 4105.11, 4105.12,	76289
4105.13, 4105.15, 4105.16, 4105.17, 4105.191, 4105.20, 4105.21,	76290
4115.10, 4115.101, 4121.123, 4121.30, 4123.20, 4123.41, 4163.07,	76291
4169.02, 4169.03, 4169.04, 4171.04, 4301.30, 4301.42, 4303.22,	76292
4303.33, 4313.02, 4501.01, 4501.06, 4503.031, 4503.061, 4503.062,	76293
4503.49, 4503.81, 4506.01, 4506.03, 4506.22, 4506.25, 4507.01,	76294
4507.011, 4507.12, 4507.51, 4511.191, 4511.78, 4513.263, 4513.50,	76295
4561.21, 4731.22, 4736.01, 4740.03, 4740.11, 4740.14, 4743.05,	76296
4763.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07,	76297
4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111,	76298
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 4765.12,	76299
4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23, 4765.28,	76300
4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37, 4765.38,	76301
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55, 4765.56,	76302
4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08, 4766.09,	76303
4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 4773.08,	76304
4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14, 4781.15,	76305
4781.99, 4905.01, 4905.02, 4905.03, 4905.05, 4905.06, 4905.402,	76306
4905.54, 4905.57, 4905.58, 4905.84, 4905.90, 4907.01, 4907.02,	76307
4907.04, 4907.08, 4907.19, 4907.28, 4907.35, 4907.37, 4907.43,	76308
4907.49, 4907.57, 4907.59, 4907.60, 4907.61, 4907.62, 4909.01,	76309
4909.02, 4909.03, 4909.17, 4909.22, 4909.24, 4909.28, 4911.01,	76310
4927.01, 4928.23, 4928.2314, 4929.01, 4929.02, 4933.18, 4933.19,	76311
4939.01, 4953.04, 4961.03, 4965.54, 5101.01, 5101.46, 5101.60,	76312
5101.61, 5104.012, 5104.013, 5104.051, 5104.09, 5104.37, 5107.05,	76313
5111.031, 5111.032, 5111.033, 5111.034, 5111.06, 5111.091,	76314
5111.113, 5111.171, 5111.20, 5111.222, 5111.23, 5111.242,	76315
5111.254, 5111.862, 5111.874, 5111.877, 5111.878, 5111.894,	76316
5111.941, 5111.97, 5112.31, 5112.33, 5112.341, 5112.37, 5112.371,	76317
5112.39, 5119.22, 5119.61, 5119.69, 5119.691, 5119.692, 5119.99,	76318
5120.036, 5120.105, 5120.132, 5120.66, 5122.31, 5123.01, 5123.033,	76319
5123.042, 5123.044, 5123.0412, 5123.0414, 5123.0415, 5123.081,	76320
5123.16, 5123.161, 5123.162, 5123.163, 5123.164, 5123.166,	76321
5123.169, 5123.171, 5123.19, 5123.31, 5123.38, 5123.41, 5123.50,	76322
5123.51, 5123.542, 5123.61, 5123.89, 5126.023, 5126.0220,	76323
5126.0221, 5126.043, 5126.046, 5126.055, 5126.13, 5126.15,	76324
5126.20, 5126.21, 5126.22, 5126.25, 5126.251, 5126.51, 5139.41,	76325
5139.43, 5149.311, 5501.03, 5501.04, 5501.07, 5501.51, 5502.01,	76326
5502.011, 5503.02, 5503.04, 5503.21, 5503.22, 5503.23, 5503.34,	76327
5505.068, 5505.0610, 5701.13, 5703.052, 5703.053, 5703.261,	76328
5703.37, 5703.47, 5703.70, 5705.392, 5707.03, 5709.12, 5709.212,	76329
5709.76, 5711.22, 5717.01, 5717.011, 5717.02, 5725.02, 5725.14,	76330
5725.16, 5725.26, 5725.33, 5727.84, 5727.86, 5731.39, 5733.01,	76331
5733.02, 5733.021, 5733.06, 5733.064, 5733.26, 5735.02, 5735.03,	76332
5735.35, 5739.01, 5739.02, 5739.021, 5739.023, 5739.026, 5739.04,	76333
5739.17, 5741.08, 5743.031, 5743.20, 5743.61, 5743.66, 5747.01,	76334
5747.082, 5747.11, 5747.98, 5751.01, 5751.011, 5751.012, 5751.03,	76335
5751.033, 5751.04, 5751.05, 5751.051, 5751.08, 5751.12, 5751.20,	76336
5751.22, 5751.98, 5753.03, 5902.02, 6109.21, 6111.46, and 6115.20	76337
of the Revised Code are hereby repealed.	76338

Section 105.011. That sections 109.802, 122.29, 185.04,	76339
185.08, 185.10, 185.11, 340.05, 2301.19, 2909.32, 2909.33,	76340
2909.34, 3333.049, 3333.0411, 3333.33, 3333.70, 3333.80, 3334.111,	76341
3354.23, 3701.02, 3701.032, 3701.12, 3701.33, 3701.34, 3701.35,	76342
3702.521, 3702.5210, 3702.5211, 3702.5212, 3702.5213, 3702.58,	76343
3702.591, 3709.081, 3733.01, 3733.031, 3745.111, 3781.183,	76344
3791.043, 4113.11, 4121.18, 4766.02, 4766.20, 4905.80, 4905.801,	76345
4905.81, 4905.82, 4905.83, 4919.75, 4919.76, 4919.77, 4919.78,	76346
4919.79, 4919.99, 4921.01, 4921.02, 4921.03, 4921.04, 4921.05,	76347
4921.06, 4921.07, 4921.08, 4921.09, 4921.10, 4921.101, 4921.11,	76348
4921.12, 4921.13, 4921.14, 4921.15, 4921.16, 4921.17, 4921.18,	76349
4921.19, 4921.20, 4921.23, 4921.24, 4921.25, 4921.26, 4921.27,	76350
4921.28, 4921.30, 4921.31, 4921.32, 4921.35, 4921.36, 4921.37,	76351
4921.38, 4921.39, 4921.40, 4921.99, 4923.01, 4923.02, 4923.03,	76352
4923.04, 4923.05, 4923.06, 4923.07, 4923.08, 4923.09, 4923.10,	76353
4923.11, 4923.12, 4923.13, 4923.14, 4923.17, 4923.20, 4923.26,	76354
4923.99, 5101.97, 5111.651, 5119.614, 5119.70, 5119.701, 5119.71,	76355
5119.711, 5119.712, 5119.72, 5119.73, 5119.731, 5119.74, 5119.75,	76356
5119.76, 5119.77, 5119.78, 5119.79, 5119.80, 5119.81, 5119.82,	76357
5119.83, 5119.84, 5119.85, 5119.86, 5119.87, 5119.88, 5123.082,	76358
5123.083, 5123.192, 5126.0222, 5126.252, 5126.26, 5126.27,	76359
5126.28, 5126.281, 5126.29, 5501.09, and 5751.032 of the Revised	76360
Code are hereby repealed.	76361

Section 110.10. That the version of section 5122.31 of the	76362
Revised Code that is scheduled to take effect on October 1, 2012,	76363
be amended to read as follows:	76364

Sec. 5122.31. (A) All certificates, applications, records,	76365
and reports made for the purpose of this chapter and sections	76366
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	76367
Code, other than court journal entries or court docket entries,	76368
and directly or indirectly identifying a patient or former patient	76369
or person whose hospitalization has been sought under this	76370
chapter, shall be kept confidential and shall not be disclosed by	76371
any person except:	76372

(1) If the person identified, or the person's legal guardian,	76373
if any, or if the person is a minor, the person's parent or legal	76374
guardian, consents, and if the disclosure is in the best interests	76375
of the person, as may be determined by the court for judicial	76376
records and by the chief clinical officer for medical records;	76377

(2) When disclosure is provided for in this chapter or	76378
section 5123.601 of the Revised Code;	76379

(3) That hospitals, boards of alcohol, drug addiction, and	76380
mental health services, and community mental health agencies may	76381
release necessary medical information to insurers and other	76382
third-party payers, including government entities responsible for	76383
processing and authorizing payment, to obtain payment for goods	76384
and services furnished to the patient;	76385

(4) Pursuant to a court order signed by a judge;

76386

(5) That a patient shall be granted access to the patient's	76387
own psychiatric and medical records, unless access specifically is	76388
restricted in a patient's treatment plan for clear treatment	76389
reasons;	76390

(6) That hospitals and other institutions and facilities	76391
within the department of mental health may exchange psychiatric	76392
records and other pertinent information with other hospitals,	76393
institutions, and facilities of the department, and with community	76394
mental health agencies and boards of alcohol, drug addiction, and	76395
mental health services with which the department has a current	76396
agreement for patient care or services. Records and information	76397
that may be released pursuant to this division shall be limited to	76398
medication history, physical health status and history, financial	76399
status, summary of course of treatment in the hospital, summary of	76400
treatment needs, and a discharge summary, if any.	76401

(7) That hospitals within the department, other institutions	76402
and facilities within the department, hospitals licensed by the	76403
department under section 5119.20 of the Revised Code, and	76404
community mental health agencies may exchange psychiatric records	76405
and other pertinent information with payers and other providers of	76406
treatment and health services if the purpose of the exchange is to	76407
facilitate continuity of care for a patient;	76408

(8) That a patient's family member who is involved in the	76409
provision, planning, and monitoring of services to the patient may	76410
receive medication information, a summary of the patient's	76411
diagnosis and prognosis, and a list of the services and personnel	76412
available to assist the patient and the patient's family, if the	76413
patient's treating physician determines that the disclosure would	76414
be in the best interests of the patient. No such disclosure shall	76415
be made unless the patient is notified first and receives the	76416
information and does not object to the disclosure.	76417

(9) That community mental health agencies may exchange	76418
psychiatric records and certain other information with the board	76419
of alcohol, drug addiction, and mental health services and other	76420
agencies in order to provide services to a person involuntarily	76421
committed to a board. Release of records under this division shall	76422
be limited to medication history, physical health status and	76423
history, financial status, summary of course of treatment, summary	76424
of treatment needs, and discharge summary, if any.	76425

(10) That information may be disclosed to the executor or the	76426
administrator of an estate of a deceased patient when the	76427
information is necessary to administer the estate;	76428

(11) That records in the possession of the Ohio historical	76429
society may be released to the closest living relative of a	76430
deceased patient upon request of that relative;	76431

(12) That information may be disclosed to staff members of	76432
the appropriate board or to staff members designated by the	76433
director of mental health for the purpose of evaluating the	76434
quality, effectiveness, and efficiency of services and determining	76435
if the services meet minimum standards. Information obtained	76436
during such evaluations shall not be retained with the name of any	76437
patient.	76438

(13) That records pertaining to the patient's diagnosis,	76439
course of treatment, treatment needs, and prognosis shall be	76440
disclosed and released to the appropriate prosecuting attorney if	76441
the patient was committed pursuant to section 2945.38, 2945.39,	76442
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	76443
attorney designated by the board for proceedings pursuant to	76444
involuntary commitment under this chapter.	76445

(14) That the department of mental health may exchange	76446
psychiatric hospitalization records, other mental health treatment	76447
records, and other pertinent information with the department of	76448
rehabilitation and correction to ensure continuity of care for	76449
inmates who are receiving mental health services in an institution	76450
of the department of rehabilitation and correction. The department	76451
shall not disclose those records unless the inmate is notified,	76452
receives the information, and does not object to the disclosure.	76453
The release of records under this division is limited to records	76454
regarding an inmate's medication history, physical health status	76455
and history, summary of course of treatment, summary of treatment	76456
needs, and a discharge summary, if any.	76457

(15) That a community mental health agency that ceases to	76458
operate may transfer to either a community mental health agency	76459
that assumes its caseload or to the board of alcohol, drug	76460
addiction, and mental health services of the service district in	76461
which the patient resided at the time services were most recently	76462
provided any treatment records that have not been transferred	76463
elsewhere at the patient's request.	76464

(B) Before records are disclosed pursuant to divisions	76465
(A)(3), (6), ~~(7),~~ and (9) of this section, the custodian of the	76466
records shall attempt to obtain the patient's consent for the	76467
disclosure. No person shall reveal the contents of a medical	76468
record of a patient except as authorized by law.	76469

(C) The managing officer of a hospital who releases necessary	76470
medical information under division (A)(3) of this section to allow	76471
an insurance carrier or other third party payor to comply with	76472
section 5121.43 of the Revised Code shall neither be subject to	76473
criminal nor civil liability.	76474

Section 110.11. That the existing version of section 5122.31	76475
of the Revised Code that is scheduled to take effect on October 1,	76476
2012, is hereby repealed.	76477

Section 110.12. Sections 110.10 and 110.11 of this act take	76478
effect October 1, 2012.	76479

Section 110.20. That the version of section 5123.19 of the	76480
Revised Code that is scheduled to take effect on October 1, 2012,	76481
be amended to read as follows:	76482

Sec. 5123.19. (A) As used in ~~this section and in~~ sections	76483
~~5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and~~5123.19 to	76484
5123.20 of the Revised Code:	76485

(1)~~(a) "Residential facility" means a home or facility in~~	76486
~~which a mentally retarded or developmentally disabled person~~	76487
~~resides, except the home of a relative or legal guardian in which~~	76488
~~a mentally retarded or developmentally disabled person resides, a~~	76489
~~respite care home certified under section 5126.05 of the Revised~~	76490
~~Code, a county home or district home operated pursuant to Chapter~~	76491
~~5155. of the Revised Code, or a dwelling in which the only~~	76492
~~mentally retarded or developmentally disabled residents are in an~~	76493
~~independent living arrangement or are being provided supported~~	76494
~~living.~~	76495

~~(b) "Intermediate care facility for the mentally retarded"~~	76496
~~means a residential facility that is considered an intermediate~~	76497
~~care facility for the mentally retarded for the purposes of~~	76498
~~Chapter 5111. of the Revised Code.~~	76499

~~(2) "Political subdivision" means a municipal corporation,~~	76500
~~county, or township.~~	76501

~~(3)~~ "Independent living arrangement" means an arrangement in	76502
which a mentally retarded or developmentally disabled person	76503
resides in an individualized setting chosen by the person or the	76504
person's guardian, which is not dedicated principally to the	76505
provision of residential services for mentally retarded or	76506
developmentally disabled persons, and for which no financial	76507
support is received for rendering such service from any	76508
governmental agency by a provider of residential services.	76509

~~(4)~~(2) "Intermediate care facility for the mentally retarded"	76510
has the same meaning as in section 1905(d) of the "Social Security	76511
Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.	76512

(3) "Licensee" means the person or government agency that has	76513
applied for a license to operate a residential facility and to	76514
which the license was issued under this section.	76515

(4) "Political subdivision" means a municipal corporation,	76516
county, or township.	76517

(5) "Related party" has the same meaning as in section	76518
5123.16 of the Revised Code except that "provider" as used in the	76519
definition of "related party" means a person or government entity	76520
that held or applied for a license to operate a residential	76521
facility, rather than a person or government entity certified to	76522
provide supported living.	76523

(6)(a) Except as provided in division (A)(6)(b) of this	76524
section, "residential facility" means a home or facility,	76525
including a facility certified as an intermediate care facility	76526
for the mentally retarded, in which an individual with mental	76527
retardation or a developmental disability resides.	76528

(b) "Residential facility" does not mean any of the	76529
following:	76530

(i) The home of a relative or legal guardian in which an	76531
individual with mental retardation or a developmental disability	76532
resides;	76533

(ii) A respite care home certified under section 5126.05 of	76534
the Revised Code;	76535

(iii) A county home or district home operated pursuant to	76536
Chapter 5155. of the Revised Code;	76537

(iv) A dwelling in which the only residents with mental	76538
retardation or developmental disabilities are in independent	76539
living arrangements or are being provided supported living.	76540

(B) Every person or government agency desiring to operate a	76541
residential facility shall apply for licensure of the facility to	76542
the director of developmental disabilities unless the residential	76543
facility is subject to section 3721.02, ~~5119.73,~~ 5103.03, or	76544
5119.20, or division (A)(9)(b) of section 5119.22 of the Revised	76545
Code. ~~Notwithstanding Chapter 3721. of the Revised Code, a nursing~~	76546
~~home that is certified as an intermediate care facility for the~~	76547
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	76548
~~Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for~~	76549
~~licensure of the portion of the home that is certified as an~~	76550
~~intermediate care facility for the mentally retarded.~~	76551

(C) Subject to section 5123.196 of the Revised Code, the	76552
director of developmental disabilities shall license the operation	76553
of residential facilities. An initial license shall be issued for	76554
a period that does not exceed one year, unless the director denies	76555
the license under division (D) of this section. A license shall be	76556
renewed for a period that does not exceed three years, unless the	76557
director refuses to renew the license under division (D) of this	76558
section. The director, when issuing or renewing a license, shall	76559
specify the period for which the license is being issued or	76560
renewed. A license remains valid for the length of the licensing	76561
period specified by the director, unless the license is	76562
terminated, revoked, or voluntarily surrendered.	76563

(D) If it is determined that an applicant or licensee is not	76564
in compliance with a provision of this chapter that applies to	76565
residential facilities or the rules adopted under such a	76566
provision, the director may deny issuance of a license, refuse to	76567
renew a license, terminate a license, revoke a license, issue an	76568
order for the suspension of admissions to a facility, issue an	76569
order for the placement of a monitor at a facility, issue an order	76570
for the immediate removal of residents, or take any other action	76571
the director considers necessary consistent with the director's	76572
authority under this chapter regarding residential facilities. In	76573
the director's selection and administration of the sanction to be	76574
imposed, all of the following apply:	76575

(1) The director may deny, refuse to renew, or revoke a	76576
license, if the director determines that the applicant or licensee	76577
has demonstrated a pattern of serious noncompliance or that a	76578
violation creates a substantial risk to the health and safety of	76579
residents of a residential facility.	76580

(2) The director may terminate a license if more than twelve	76581
consecutive months have elapsed since the residential facility was	76582
last occupied by a resident or a notice required by division (K)	76583
of this section is not given.	76584

(3) The director may issue an order for the suspension of	76585
admissions to a facility for any violation that may result in	76586
sanctions under division (D)(1) of this section and for any other	76587
violation specified in rules adopted under division (H)(2) of this	76588
section. If the suspension of admissions is imposed for a	76589
violation that may result in sanctions under division (D)(1) of	76590
this section, the director may impose the suspension before	76591
providing an opportunity for an adjudication under Chapter 119. of	76592
the Revised Code. The director shall lift an order for the	76593
suspension of admissions when the director determines that the	76594
violation that formed the basis for the order has been corrected.	76595

(4) The director may order the placement of a monitor at a	76596
residential facility for any violation specified in rules adopted	76597
under division (H)(2) of this section. The director shall lift the	76598
order when the director determines that the violation that formed	76599
the basis for the order has been corrected.	76600

(5) If the director determines that two or more residential	76601
facilities owned or operated by the same person or government	76602
entity are not being operated in compliance with a provision of	76603
this chapter that applies to residential facilities or the rules	76604
adopted under such a provision, and the director's findings are	76605
based on the same or a substantially similar action, practice,	76606
circumstance, or incident that creates a substantial risk to the	76607
health and safety of the residents, the director shall conduct a	76608
survey as soon as practicable at each residential facility owned	76609
or operated by that person or government entity. The director may	76610
take any action authorized by this section with respect to any	76611
facility found to be operating in violation of a provision of this	76612
chapter that applies to residential facilities or the rules	76613
adopted under such a provision.	76614

(6) When the director initiates license revocation	76615
proceedings, no opportunity for submitting a plan of correction	76616
shall be given. The director shall notify the licensee by letter	76617
of the initiation of the proceedings. The letter shall list the	76618
deficiencies of the residential facility and inform the licensee	76619
that no plan of correction will be accepted. The director shall	76620
also send a copy of the letter to the county board of	76621
developmental disabilities. The county board shall send a copy of	76622
the letter to each of the following:	76623

(a) Each resident who receives services from the licensee;

76624

(b) The guardian of each resident who receives services from	76625
the licensee if the resident has a guardian;	76626

(c) The parent or guardian of each resident who receives	76627
services from the licensee if the resident is a minor.	76628

(7) Pursuant to rules which shall be adopted in accordance	76629
with Chapter 119. of the Revised Code, the director may order the	76630
immediate removal of residents from a residential facility	76631
whenever conditions at the facility present an immediate danger of	76632
physical or psychological harm to the residents.	76633

(8) In determining whether a residential facility is being	76634
operated in compliance with a provision of this chapter that	76635
applies to residential facilities or the rules adopted under such	76636
a provision, or whether conditions at a residential facility	76637
present an immediate danger of physical or psychological harm to	76638
the residents, the director may rely on information obtained by a	76639
county board of developmental disabilities or other governmental	76640
agencies.	76641

(9) In proceedings initiated to deny, refuse to renew, or	76642
revoke licenses, the director may deny, refuse to renew, or revoke	76643
a license regardless of whether some or all of the deficiencies	76644
that prompted the proceedings have been corrected at the time of	76645
the hearing.	76646

(E) The director shall establish a program under which public	76647
notification may be made when the director has initiated license	76648
revocation proceedings or has issued an order for the suspension	76649
of admissions, placement of a monitor, or removal of residents.	76650
The director shall adopt rules in accordance with Chapter 119. of	76651
the Revised Code to implement this division. The rules shall	76652
establish the procedures by which the public notification will be	76653
made and specify the circumstances for which the notification must	76654
be made. The rules shall require that public notification be made	76655
if the director has taken action against the facility in the	76656
eighteen-month period immediately preceding the director's latest	76657
action against the facility and the latest action is being taken	76658
for the same or a substantially similar violation of a provision	76659
of this chapter that applies to residential facilities or the	76660
rules adopted under such a provision. The rules shall specify a	76661
method for removing or amending the public notification if the	76662
director's action is found to have been unjustified or the	76663
violation at the residential facility has been corrected.	76664

(F)(1) Except as provided in division (F)(2) of this section,	76665
appeals from proceedings initiated to impose a sanction under	76666
division (D) of this section shall be conducted in accordance with	76667
Chapter 119. of the Revised Code.	76668

(2) Appeals from proceedings initiated to order the	76669
suspension of admissions to a facility shall be conducted in	76670
accordance with Chapter 119. of the Revised Code, unless the order	76671
was issued before providing an opportunity for an adjudication, in	76672
which case all of the following apply:	76673

(a) The licensee may request a hearing not later than ten	76674
days after receiving the notice specified in section 119.07 of the	76675
Revised Code.	76676

(b) If a timely request for a hearing that includes the	76677
licensee's current address is made, the hearing shall commence not	76678
later than thirty days after the department receives the request.	76679

(c) After commencing, the hearing shall continue	76680
uninterrupted, except for Saturdays, Sundays, and legal holidays,	76681
unless other interruptions are agreed to by the licensee and the	76682
director.	76683

(d) If the hearing is conducted by a hearing examiner, the	76684
hearing examiner shall file a report and recommendations not later	76685
than ten days after the last of the following:	76686

(i) The close of the hearing;

76687

(ii) If a transcript of the proceedings is ordered, the	76688
hearing examiner receives the transcript;	76689

(iii) If post-hearing briefs are timely filed, the hearing	76690
examiner receives the briefs.	76691

(e) A copy of the written report and recommendation of the	76692
hearing examiner shall be sent, by certified mail, to the licensee	76693
and the licensee's attorney, if applicable, not later than five	76694
days after the report is filed.	76695

(f) Not later than five days after the hearing examiner files	76696
the report and recommendations, the licensee may file objections	76697
to the report and recommendations.	76698

(g) Not later than fifteen days after the hearing examiner	76699
files the report and recommendations, the director shall issue an	76700
order approving, modifying, or disapproving the report and	76701
recommendations.	76702

(h) Notwithstanding the pendency of the hearing, the director	76703
shall lift the order for the suspension of admissions when the	76704
director determines that the violation that formed the basis for	76705
the order has been corrected.	76706

(G) Neither a person or government agency whose application	76707
for a license to operate a residential facility is denied nor a	76708
related party of the person or government agency may apply for a	76709
license to operate a residential facility before the date that is	76710
one year after the date of the denial. Neither a licensee whose	76711
residential facility license is revoked nor a related party of the	76712
licensee may apply for a residential facility license before the	76713
date that is five years after the date of the revocation.	76714

(H) In accordance with Chapter 119. of the Revised Code, the	76715
director shall adopt and may amend and rescind rules for licensing	76716
and regulating the operation of residential facilities~~, including~~	76717
~~intermediate care facilities for the mentally retarded~~. The rules	76718
for residential facilities that are intermediate care facilities	76719
for the mentally retarded may differ from those for other	76720
residential facilities. The rules shall establish and specify the	76721
following:	76722

(1) Procedures and criteria for issuing and renewing	76723
licenses, including procedures and criteria for determining the	76724
length of the licensing period that the director must specify for	76725
each license when it is issued or renewed;	76726

(2) Procedures and criteria for denying, refusing to renew,	76727
terminating, and revoking licenses and for ordering the suspension	76728
of admissions to a facility, placement of a monitor at a facility,	76729
and the immediate removal of residents from a facility;	76730

(3) Fees for issuing and renewing licenses, which shall be	76731
deposited into the program fee fund created under section 5123.033	76732
of the Revised Code;	76733

(4) Procedures for surveying residential facilities;

76734

(5) Requirements for the training of residential facility	76735
personnel;	76736

(6) Classifications for the various types of residential	76737
facilities;	76738

(7) Certification procedures for licensees and management	76739
contractors that the director determines are necessary to ensure	76740
that they have the skills and qualifications to properly operate	76741
or manage residential facilities;	76742

(8) The maximum number of persons who may be served in a	76743
particular type of residential facility;	76744

(9) Uniform procedures for admission of persons to and	76745
transfers and discharges of persons from residential facilities;	76746

(10) Other standards for the operation of residential	76747
facilities and the services provided at residential facilities;	76748

(11) Procedures for waiving any provision of any rule adopted	76749
under this section.	76750

(I) Before issuing a license, the director of the department	76751
or the director's designee shall conduct a survey of the	76752
residential facility for which application is made. The director	76753
or the director's designee shall conduct a survey of each licensed	76754
residential facility at least once during the period the license	76755
is valid and may conduct additional inspections as needed. A	76756
survey includes but is not limited to an on-site examination and	76757
evaluation of the residential facility, its personnel, and the	76758
services provided there.	76759

In conducting surveys, the director or the director's	76760
designee shall be given access to the residential facility; all	76761
records, accounts, and any other documents related to the	76762
operation of the facility; the licensee; the residents of the	76763
facility; and all persons acting on behalf of, under the control	76764
of, or in connection with the licensee. The licensee and all	76765
persons on behalf of, under the control of, or in connection with	76766
the licensee shall cooperate with the director or the director's	76767
designee in conducting the survey.	76768

Following each survey, unless the director initiates a	76769
license revocation proceeding, the director or the director's	76770
designee shall provide the licensee with a report listing any	76771
deficiencies, specifying a timetable within which the licensee	76772
shall submit a plan of correction describing how the deficiencies	76773
will be corrected, and, when appropriate, specifying a timetable	76774
within which the licensee must correct the deficiencies. After a	76775
plan of correction is submitted, the director or the director's	76776
designee shall approve or disapprove the plan. A copy of the	76777
report and any approved plan of correction shall be provided to	76778
any person who requests it.	76779

The director shall initiate disciplinary action against any	76780
department employee who notifies or causes the notification to any	76781
unauthorized person of an unannounced survey of a residential	76782
facility by an authorized representative of the department.	76783

(J) In addition to any other information which may be	76784
required of applicants for a license pursuant to this section, the	76785
director shall require each applicant to provide a copy of an	76786
approved plan for a proposed residential facility pursuant to	76787
section 5123.042 of the Revised Code. This division does not apply	76788
to renewal of a license or to an applicant for an initial or	76789
modified license who meets the requirements of section ~~5123.193 or~~	76790
5123.197 of the Revised Code.	76791

(K) A licensee shall notify the owner of the building in	76792
which the licensee's residential facility is located of any	76793
significant change in the identity of the licensee or management	76794
contractor before the effective date of the change if the licensee	76795
is not the owner of the building.	76796

Pursuant to rules which shall be adopted in accordance with	76797
Chapter 119. of the Revised Code, the director may require	76798
notification to the department of any significant change in the	76799
ownership of a residential facility or in the identity of the	76800
licensee or management contractor. If the director determines that	76801
a significant change of ownership is proposed, the director shall	76802
consider the proposed change to be an application for development	76803
by a new operator pursuant to section 5123.042 of the Revised Code	76804
and shall advise the applicant within sixty days of the	76805
notification that the current license shall continue in effect or	76806
a new license will be required pursuant to this section. If the	76807
director requires a new license, the director shall permit the	76808
facility to continue to operate under the current license until	76809
the new license is issued, unless the current license is revoked,	76810
refused to be renewed, or terminated in accordance with Chapter	76811
119. of the Revised Code.	76812

(L) A county board of developmental disabilities and any	76813
interested person may file complaints alleging violations of	76814
statute or department rule relating to residential facilities with	76815
the department. All complaints shall be in writing and shall state	76816
the facts constituting the basis of the allegation. The department	76817
shall not reveal the source of any complaint unless the	76818
complainant agrees in writing to waive the right to	76819
confidentiality or until so ordered by a court of competent	76820
jurisdiction.	76821

The department shall adopt rules in accordance with Chapter	76822
119. of the Revised Code establishing procedures for the receipt,	76823
referral, investigation, and disposition of complaints filed with	76824
the department under this division.	76825

(M) The department shall establish procedures for the	76826
notification of interested parties of the transfer or interim care	76827
of residents from residential facilities that are closing or are	76828
losing their license.	76829

(N) Before issuing a license under this section to a	76830
residential facility that will accommodate at any time more than	76831
one mentally retarded or developmentally disabled individual, the	76832
director shall, by first class mail, notify the following:	76833

(1) If the facility will be located in a municipal	76834
corporation, the clerk of the legislative authority of the	76835
municipal corporation;	76836

(2) If the facility will be located in unincorporated	76837
territory, the clerk of the appropriate board of county	76838
commissioners and the fiscal officer of the appropriate board of	76839
township trustees.	76840

The director shall not issue the license for ten days after	76841
mailing the notice, excluding Saturdays, Sundays, and legal	76842
holidays, in order to give the notified local officials time in	76843
which to comment on the proposed issuance.	76844

Any legislative authority of a municipal corporation, board	76845
of county commissioners, or board of township trustees that	76846
receives notice under this division of the proposed issuance of a	76847
license for a residential facility may comment on it in writing to	76848
the director within ten days after the director mailed the notice,	76849
excluding Saturdays, Sundays, and legal holidays. If the director	76850
receives written comments from any notified officials within the	76851
specified time, the director shall make written findings	76852
concerning the comments and the director's decision on the	76853
issuance of the license. If the director does not receive written	76854
comments from any notified local officials within the specified	76855
time, the director shall continue the process for issuance of the	76856
license.	76857

(O) Any person may operate a licensed residential facility	76858
that provides room and board, personal care, habilitation	76859
services, and supervision in a family setting for at least six but	76860
not more than eight persons with mental retardation or a	76861
developmental disability as a permitted use in any residential	76862
district or zone, including any single-family residential district	76863
or zone, of any political subdivision. These residential	76864
facilities may be required to comply with area, height, yard, and	76865
architectural compatibility requirements that are uniformly	76866
imposed upon all single-family residences within the district or	76867
zone.	76868

(P) Any person may operate a licensed residential facility	76869
that provides room and board, personal care, habilitation	76870
services, and supervision in a family setting for at least nine	76871
but not more than sixteen persons with mental retardation or a	76872
developmental disability as a permitted use in any multiple-family	76873
residential district or zone of any political subdivision, except	76874
that a political subdivision that has enacted a zoning ordinance	76875
or resolution establishing planned unit development districts may	76876
exclude these residential facilities from those districts, and a	76877
political subdivision that has enacted a zoning ordinance or	76878
resolution may regulate these residential facilities in	76879
multiple-family residential districts or zones as a conditionally	76880
permitted use or special exception, in either case, under	76881
reasonable and specific standards and conditions set out in the	76882
zoning ordinance or resolution to:	76883

(1) Require the architectural design and site layout of the	76884
residential facility and the location, nature, and height of any	76885
walls, screens, and fences to be compatible with adjoining land	76886
uses and the residential character of the neighborhood;	76887

(2) Require compliance with yard, parking, and sign	76888
regulation;	76889

(3) Limit excessive concentration of these residential	76890
facilities.	76891

(Q) This section does not prohibit a political subdivision	76892
from applying to residential facilities nondiscriminatory	76893
regulations requiring compliance with health, fire, and safety	76894
regulations and building standards and regulations.	76895

(R) Divisions (O) and (P) of this section are not applicable	76896
to municipal corporations that had in effect on June 15, 1977, an	76897
ordinance specifically permitting in residential zones licensed	76898
residential facilities by means of permitted uses, conditional	76899
uses, or special exception, so long as such ordinance remains in	76900
effect without any substantive modification.	76901

(S)(1) The director may issue an interim license to operate a	76902
residential facility to an applicant for a license under this	76903
section if either of the following is the case:	76904

(a) The director determines that an emergency exists	76905
requiring immediate placement of persons in a residential	76906
facility, that insufficient licensed beds are available, and that	76907
the residential facility is likely to receive a permanent license	76908
under this section within thirty days after issuance of the	76909
interim license.	76910

(b) The director determines that the issuance of an interim	76911
license is necessary to meet a temporary need for a residential	76912
facility.	76913

(2) To be eligible to receive an interim license, an	76914
applicant must meet the same criteria that must be met to receive	76915
a permanent license under this section, except for any differing	76916
procedures and time frames that may apply to issuance of a	76917
permanent license.	76918

(3) An interim license shall be valid for thirty days and may	76919
be renewed by the director for a period not to exceed one hundred	76920
fifty days.	76921

(4) The director shall adopt rules in accordance with Chapter	76922
119. of the Revised Code as the director considers necessary to	76923
administer the issuance of interim licenses.	76924

(T) Notwithstanding rules adopted pursuant to this section	76925
establishing the maximum number of persons who may be served in a	76926
particular type of residential facility, a residential facility	76927
shall be permitted to serve the same number of persons being	76928
served by the facility on the effective date of the rules or the	76929
number of persons for which the facility is authorized pursuant to	76930
a current application for a certificate of need with a letter of	76931
support from the department of developmental disabilities and	76932
which is in the review process prior to April 4, 1986.	76933

(U) The director or the director's designee may enter at any	76934
time, for purposes of investigation, any home, facility, or other	76935
structure that has been reported to the director or that the	76936
director has reasonable cause to believe is being operated as a	76937
residential facility without a license issued under this section.	76938

The director may petition the court of common pleas of the	76939
county in which an unlicensed residential facility is located for	76940
an order enjoining the person or governmental agency operating the	76941
facility from continuing to operate without a license. The court	76942
may grant the injunction on a showing that the person or	76943
governmental agency named in the petition is operating a	76944
residential facility without a license. The court may grant the	76945
injunction, regardless of whether the residential facility meets	76946
the requirements for receiving a license under this section.	76947

Section 110.21. That the existing version of section 5123.19	76948
of the Revised Code that is scheduled to take effect on October 1,	76949
2012, is hereby repealed.	76950

Section 110.22. Sections 110.20 and 110.21 of this act take	76951
effect October 1, 2012.	76952

Section 110.30. That the version of section 5123.61 of the	76953
Revised Code that is scheduled to take effect on October 1, 2012,	76954
be amended to read as follows:	76955

Sec. 5123.61. (A) As used in this section:

76956

(1) "Law enforcement agency" means the state highway patrol,	76957
the police department of a municipal corporation, or a county	76958
sheriff.	76959

(2) "Abuse" has the same meaning as in section 5123.50 of the	76960
Revised Code, except that it includes a misappropriation, as	76961
defined in that section.	76962

(3) "Neglect" has the same meaning as in section 5123.50 of	76963
the Revised Code.	76964

(B) The department of developmental disabilities shall	76965
establish a registry office for the purpose of maintaining reports	76966
of abuse, neglect, and other major unusual incidents made to the	76967
department under this section and reports received from county	76968
boards of developmental disabilities under section 5126.31 of the	76969
Revised Code. The department shall establish committees to review	76970
reports of abuse, neglect, and other major unusual incidents.	76971

(C)(1) Any person listed in division (C)(2) of this section,	76972
having reason to believe that a person with mental retardation or	76973
a developmental disability has suffered or faces a substantial	76974
risk of suffering any wound, injury, disability, or condition of	76975
such a nature as to reasonably indicate abuse or neglect of that	76976
person, shall immediately report or cause reports to be made of	76977
such information to the entity specified in this division. Except	76978
as provided in section 5120.173 of the Revised Code or as	76979
otherwise provided in this division, the person making the report	76980
shall make it to a law enforcement agency or to the county board	76981
of developmental disabilities. If the report concerns a resident	76982
of a facility operated by the department of developmental	76983
disabilities the report shall be made either to a law enforcement	76984
agency or to the department. If the report concerns any act or	76985
omission of an employee of a county board of developmental	76986
disabilities, the report immediately shall be made to the	76987
department and to the county board.	76988

(2) All of the following persons are required to make a	76989
report under division (C)(1) of this section:	76990

(a) Any physician, including a hospital intern or resident,	76991
any dentist, podiatrist, chiropractor, practitioner of a limited	76992
branch of medicine as specified in section 4731.15 of the Revised	76993
Code, hospital administrator or employee of a hospital, nurse	76994
licensed under Chapter 4723. of the Revised Code, employee of an	76995
ambulatory health facility as defined in section 5101.61 of the	76996
Revised Code, employee of a home health agency, employee of an	76997
~~adult care~~a residential facility licensed under ~~Chapter 3722.~~	76998
section 5119.22 of the Revised Code that provides accommodations,	76999
supervision, and person care services for three to sixteen	77000
unrelated adults, or employee of a community mental health	77001
facility;	77002

(b) Any school teacher or school authority, social worker,	77003
psychologist, attorney, peace officer, coroner, or residents'	77004
rights advocate as defined in section 3721.10 of the Revised Code;	77005

(c) A superintendent, board member, or employee of a county	77006
board of developmental disabilities; an administrator, board	77007
member, or employee of a residential facility licensed under	77008
section 5123.19 of the Revised Code; an administrator, board	77009
member, or employee of any other public or private provider of	77010
services to a person with mental retardation or a developmental	77011
disability, or any MR/DD employee, as defined in section 5123.50	77012
of the Revised Code;	77013

(d) A member of a citizen's advisory council established at	77014
an institution or branch institution of the department of	77015
developmental disabilities under section 5123.092 of the Revised	77016
Code;	77017

(e) A ~~clergyman~~member of the clergy who is employed in a	77018
position that includes providing specialized services to an	77019
individual with mental retardation or another developmental	77020
disability, while acting in an official or professional capacity	77021
in that position, or a person who is employed in a position that	77022
includes providing specialized services to an individual with	77023
mental retardation or another developmental disability and who,	77024
while acting in an official or professional capacity, renders	77025
spiritual treatment through prayer in accordance with the tenets	77026
of an organized religion.	77027

(3)(a) The reporting requirements of this division do not	77028
apply to employees of the Ohio protection and advocacy system.	77029

(b) An attorney or physician is not required to make a report	77030
pursuant to division (C)(1) of this section concerning any	77031
communication the attorney or physician receives from a client or	77032
patient in an attorney-client or physician-patient relationship,	77033
if, in accordance with division (A) or (B) of section 2317.02 of	77034
the Revised Code, the attorney or physician could not testify with	77035
respect to that communication in a civil or criminal proceeding,	77036
except that the client or patient is deemed to have waived any	77037
testimonial privilege under division (A) or (B) of section 2317.02	77038
of the Revised Code with respect to that communication and the	77039
attorney or physician shall make a report pursuant to division	77040
(C)(1) of this section, if both of the following apply:	77041

(i) The client or patient, at the time of the communication,	77042
is a person with mental retardation or a developmental disability.	77043

(ii) The attorney or physician knows or suspects, as a result	77044
of the communication or any observations made during that	77045
communication, that the client or patient has suffered or faces a	77046
substantial risk of suffering any wound, injury, disability, or	77047
condition of a nature that reasonably indicates abuse or neglect	77048
of the client or patient.	77049

(4) Any person who fails to make a report required under	77050
division (C) of this section and who is an MR/DD employee, as	77051
defined in section 5123.50 of the Revised Code, shall be eligible	77052
to be included in the registry regarding misappropriation, abuse,	77053
neglect, or other specified misconduct by MR/DD employees	77054
established under section 5123.52 of the Revised Code.	77055

(D) The reports required under division (C) of this section	77056
shall be made forthwith by telephone or in person and shall be	77057
followed by a written report. The reports shall contain the	77058
following:	77059

(1) The names and addresses of the person with mental	77060
retardation or a developmental disability and the person's	77061
custodian, if known;	77062

(2) The age of the person with mental retardation or a	77063
developmental disability;	77064

(3) Any other information that would assist in the	77065
investigation of the report.	77066

(E) When a physician performing services as a member of the	77067
staff of a hospital or similar institution has reason to believe	77068
that a person with mental retardation or a developmental	77069
disability has suffered injury, abuse, or physical neglect, the	77070
physician shall notify the person in charge of the institution or	77071
that person's designated delegate, who shall make the necessary	77072
reports.	77073

(F) Any person having reasonable cause to believe that a	77074
person with mental retardation or a developmental disability has	77075
suffered or faces a substantial risk of suffering abuse or neglect	77076
may report or cause a report to be made of that belief to the	77077
entity specified in this division. Except as provided in section	77078
5120.173 of the Revised Code or as otherwise provided in this	77079
division, the person making the report shall make it to a law	77080
enforcement agency or the county board of developmental	77081
disabilities. If the person is a resident of a facility operated	77082
by the department of developmental disabilities, the report shall	77083
be made to a law enforcement agency or to the department. If the	77084
report concerns any act or omission of an employee of a county	77085
board of developmental disabilities, the report immediately shall	77086
be made to the department and to the county board.	77087

(G)(1) Upon the receipt of a report concerning the possible	77088
abuse or neglect of a person with mental retardation or a	77089
developmental disability, the law enforcement agency shall inform	77090
the county board of developmental disabilities or, if the person	77091
is a resident of a facility operated by the department of	77092
developmental disabilities, the director of the department or the	77093
director's designee.	77094

(2) On receipt of a report under this section that includes	77095
an allegation of action or inaction that may constitute a crime	77096
under federal law or the law of this state, the department of	77097
developmental disabilities shall notify the law enforcement	77098
agency.	77099

(3) When a county board of developmental disabilities	77100
receives a report under this section that includes an allegation	77101
of action or inaction that may constitute a crime under federal	77102
law or the law of this state, the superintendent of the board or	77103
an individual the superintendent designates under division (H) of	77104
this section shall notify the law enforcement agency. The	77105
superintendent or individual shall notify the department of	77106
developmental disabilities when it receives any report under this	77107
section.	77108

(4) When a county board of developmental disabilities	77109
receives a report under this section and believes that the degree	77110
of risk to the person is such that the report is an emergency, the	77111
superintendent of the board or an employee of the board the	77112
superintendent designates shall attempt a face-to-face contact	77113
with the person with mental retardation or a developmental	77114
disability who allegedly is the victim within one hour of the	77115
board's receipt of the report.	77116

(H) The superintendent of the board may designate an	77117
individual to be responsible for notifying the law enforcement	77118
agency and the department when the county board receives a report	77119
under this section.	77120

(I) An adult with mental retardation or a developmental	77121
disability about whom a report is made may be removed from the	77122
adult's place of residence only by law enforcement officers who	77123
consider that the adult's immediate removal is essential to	77124
protect the adult from further injury or abuse or in accordance	77125
with the order of a court made pursuant to section 5126.33 of the	77126
Revised Code.	77127

(J) A law enforcement agency shall investigate each report of	77128
abuse or neglect it receives under this section. In addition, the	77129
department, in cooperation with law enforcement officials, shall	77130
investigate each report regarding a resident of a facility	77131
operated by the department to determine the circumstances	77132
surrounding the injury, the cause of the injury, and the person	77133
responsible. The investigation shall be in accordance with the	77134
memorandum of understanding prepared under section 5126.058 of the	77135
Revised Code. The department shall determine, with the registry	77136
office which shall be maintained by the department, whether prior	77137
reports have been made concerning an adult with mental retardation	77138
or a developmental disability or other principals in the case. If	77139
the department finds that the report involves action or inaction	77140
that may constitute a crime under federal law or the law of this	77141
state, it shall submit a report of its investigation, in writing,	77142
to the law enforcement agency. If the person with mental	77143
retardation or a developmental disability is an adult, with the	77144
consent of the adult, the department shall provide such protective	77145
services as are necessary to protect the adult. The law	77146
enforcement agency shall make a written report of its findings to	77147
the department.	77148

If the person is an adult and is not a resident of a facility	77149
operated by the department, the county board of developmental	77150
disabilities shall review the report of abuse or neglect in	77151
accordance with sections 5126.30 to 5126.33 of the Revised Code	77152
and the law enforcement agency shall make the written report of	77153
its findings to the county board.	77154

(K) Any person or any hospital, institution, school, health	77155
department, or agency participating in the making of reports	77156
pursuant to this section, any person participating as a witness in	77157
an administrative or judicial proceeding resulting from the	77158
reports, or any person or governmental entity that discharges	77159
responsibilities under sections 5126.31 to 5126.33 of the Revised	77160
Code shall be immune from any civil or criminal liability that	77161
might otherwise be incurred or imposed as a result of such actions	77162
except liability for perjury, unless the person or governmental	77163
entity has acted in bad faith or with malicious purpose.	77164

(L) No employer or any person with the authority to do so	77165
shall discharge, demote, transfer, prepare a negative work	77166
performance evaluation, reduce pay or benefits, terminate work	77167
privileges, or take any other action detrimental to an employee or	77168
retaliate against an employee as a result of the employee's having	77169
made a report under this section. This division does not preclude	77170
an employer or person with authority from taking action with	77171
regard to an employee who has made a report under this section if	77172
there is another reasonable basis for the action.	77173

(M) Reports made under this section are not public records as	77174
defined in section 149.43 of the Revised Code. Information	77175
contained in the reports on request shall be made available to the	77176
person who is the subject of the report, to the person's legal	77177
counsel, and to agencies authorized to receive information in the	77178
report by the department or by a county board of developmental	77179
disabilities.	77180

(N) Notwithstanding section 4731.22 of the Revised Code, the	77181
physician-patient privilege shall not be a ground for excluding	77182
evidence regarding the injuries or physical neglect of a person	77183
with mental retardation or a developmental disability or the cause	77184
thereof in any judicial proceeding resulting from a report	77185
submitted pursuant to this section.	77186

Section 110.31. That the existing version of section 5123.61	77187
of the Revised Code that is scheduled to take effect on October 1,	77188
2012, is hereby repealed.	77189

Section 110.32. Sections 110.30 and 110.31 of this act take	77190
effect October 1, 2012.	77191

Section 506.10. OHP HEALTH CARE GRANTS FUND

77192

For fiscal year 2012 and fiscal year 2013, the Department of	77193
Job and Family Services may deposit into the OHP Health Care	77194
Grants Fund (Fund 3FA0) federal grants for the administration of	77195
health care programs that the Department receives under the	77196
"Patient Protection and Affordable Care Act," Public Law 111-148,	77197
and the "Health Care and Education Reconciliation Act of 2010,"	77198
Public Law 111-152. The Department shall use the money in the fund	77199
to pay for expenses incurred in carrying out duties the Department	77200
assumes by accepting such federal grants, including expenses for	77201
the administration of health care programs.	77202

Section 512.10. TRANSFER OF FUNDS FOR CASINO CONTROL	77203
COMMISSION OPERATIONS	77204

During fiscal year 2013, the Director of Budget and	77205
Management may, in consultation with the Executive Director of the	77206
Casino Control Commission, transfer cash as necessary for	77207
operating expenses and casino investigations. The transfer shall	77208
be made from the General Revenue Fund to the Casino Control	77209
Commission Operating Fund (Fund 5HS0). Once funds from upfront	77210
license application fees and gross casino revenue taxes have been	77211
accumulated to sustain operations, the Director of Budget and	77212
Management, in consultation with the Executive Director of the	77213
Casino Control Commission, shall establish a repayment schedule	77214
for transfers to the General Revenue Fund from the Casino Control	77215
Commission Operating Fund (Fund 5HS0).	77216

Section 512.20. PRE-SECURITIZATION TOBACCO PAYMENTS

77217

The Pre-Securitization Tobacco Payments Fund (Fund 5LS0) is	77218
hereby created in the state treasury. All moneys received by the	77219
state in connection with releases from disputed payment accounts	77220
or amounts previously withheld under the Tobacco Master Settlement	77221
Agreement that do not constitute pledged receipts for the Buckeye	77222
Tobacco Settlement Financing Authority Tobacco Settlement Bonds,	77223
Series 2007, shall be credited to the fund and used by the	77224
Director of Budget and Management as authorized in this section.	77225

On July 1 of each fiscal year, or as soon as possible	77226
thereafter, the Director of Budget and Management shall determine,	77227
in consultation with the Attorney General, the amounts needed to	77228
fund tobacco enforcement-related activities and may transfer cash	77229
in those amounts from Fund 5LS0 to the Tobacco Oversight	77230
Administration and Enforcement Fund (Fund U087). The Director of	77231
Budget and Management may transfer remaining cash determined to be	77232
in excess of the tobacco enforcement needs of the Attorney General	77233
from Fund 5LS0 to the General Revenue Fund.	77234

Upon receipt of all pre-securitization Tobacco Master	77235
Settlement Agreement payments and the transfer of all cash	77236
credited to Fund 5LS0 as authorized in this section, Fund 5LS0 is	77237
abolished.	77238

On July 1, 2012, or as soon as possible thereafter, and upon	77239
the request of the Attorney General, the Director of Budget and	77240
Management may transfer up to $3,000,000 cash from the General	77241
Reimbursement Fund (Fund 1060) to the Tobacco Oversight	77242
Administration and Enforcement Fund (Fund U087).	77243

Section 512.30. CASH TRANSFER FROM TRAUMA AND EMERGENCY	77244
MEDICAL SERVICES GRANTS FUND	77245

On the effective date of this section, or as soon as possible	77246
thereafter, the Director of Budget and Management shall transfer	77247
the cash balance in the Trauma and Emergency Medical Services	77248
Grants Fund (Fund 83P0) to the Trauma and Emergency Medical	77249
Services Fund (Fund 83M0). The Director shall cancel any existing	77250
encumbrances against appropriation item 765637, EMS Grants, and	77251
reestablish them against appropriation item 765640, EMS – Grants.	77252
The reestablished encumbrance amounts are hereby appropriated.	77253

Section 512.40. CASH TRANSFER FROM ELEMENTARY SCHOOL SEAT	77254
BELT FUND	77255

On the effective date of this section, or as soon as possible	77256
thereafter, the Director of Budget and Management shall transfer	77257
the cash balance in the Elementary School Seat Belt Fund (Fund	77258
83N0) to the Trauma and Emergency Medical Services Fund (Fund	77259
83M0). The Director shall cancel any existing encumbrances against	77260
appropriation item 761611, Elementary School Seat Belt Program,	77261
and reestablish them against appropriation item 765624, Operating	77262
Expense - Trauma and EMS. The reestablished encumbrance amounts	77263
are hereby appropriated.	77264

Section 512.50. MEDICAID PROGRAM SUPPORT STATE FUND ABOLISHED

77265

The Director of Budget and Management shall transfer any	77266
remaining cash balance in the Medicaid Program Support State Fund	77267
(Fund 5C90) to the Health Care/Medicaid Support and Recoveries	77268
Fund (Fund 5DL0) created under section 5111.941 of the Revised	77269
Code. The Medicaid Program Support State Fund (Fund 5C90) shall	77270
cease to exist once the transfer is complete.	77271

Section 601.10. That Section 205.10 of Am. Sub. H.B. 114 of	77272
the 129th General Assembly, as amended by Am. Sub. H.B. 153 of the	77273
129th General Assembly, be amended to read as follows:	77274

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

77275

State Highway Safety Fund Group	77276

4W40	762321	Operating Expense - BMV	$	80,003,146	$	~~82,403,240~~ 82,003,240	77277
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	77278
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	77279
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	~~7,338,097~~ 6,988,097	77280
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	77281
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	77282
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	77283
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	77284
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	77285
8310	761610	Information and Education - Federal	$	422,084	$	~~434,746~~ 409,746	77286
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	77287
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	77288
8310	765610	EMS - Federal	$	532,007	$	532,007	77289
8310	769610	~~Food Stamp Trafficking Enforcement - Federal~~ Investigative Unit Federal Reimbursement	$	1,546,319	$	1,546,319	77290
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	77291
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	77292
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	~~5,549,068~~ 5,274,068	77293
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	77294
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	77295
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	77296
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	77297
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	77298
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	77299
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	~~2,711,069~~ 3,204,925	77300
83M0	765640	EMS - Grants	$	0	$	4,229,819	77301
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	~~305,600~~ 0	77302
83P0	765637	EMS Grants	$	4,106,621	$	~~4,229,819~~ 0	77303
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	77304
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	77305
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	77306
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	77307
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	77308
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	77309
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	77310
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	77311
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	77312
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	~~481,261,100~~ 480,399,356	77313

General Services Fund Group	77314

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	77315
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	77316
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	77317
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	77318
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	77319
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	77320

Federal Special Revenue Fund Group	77321

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	77322
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	77323
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	77324
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	77325
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	77326
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	77327
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	77328
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	77329
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	77330
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	77331
3DU0	762628	BMV Grants	$	1,525,000	$	~~1,580,000~~ 1,480,000	77332
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	77333
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	77334
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	77335
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	~~132,862,715~~ 132,762,715	77336

State Special Revenue Fund Group	77337

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	77338
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	77339
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	77340
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	77341
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	77342
5CM0	767691	~~Federal Investigative Seizure~~ Investigative Unit Federal Equitable Sharing - Treasury	$	300,000	$	300,000	77343
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	77344
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	77345
5FL0	769634	Investigations	$	899,300	$	899,300	77346
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	33,991	$	816,955	77347
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	77348
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	77349
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	77350
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	77351
TOTAL SSR State Special Revenue Fund Group			$	~~14,018,073~~ 14,052,064	$	~~14,157,224~~ 14,974,179	77352

Liquor Control Fund Group	77353

7043	767321		Liquor Enforcement - Operating		$	11,000,000		$	11,000,000		77354
TOTAL LCF Liquor Control Fund Group					$	11,000,000		$	11,000,000		77355

Agency Fund Group	77356

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		77357
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		77358

Holding Account Redistribution Fund Group	77359

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	77360
R052	762623	Security Deposits	$	350,000	$	350,000	77361
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	77362
TOTAL ALL BUDGET FUND GROUPS			$	~~654,582,393~~ 654,616,384	$	~~648,663,286~~ 648,518,497	77363

MOTOR VEHICLE REGISTRATION

77364

The Registrar of Motor Vehicles may deposit revenues to meet	77365
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	77366
4W40) established in section 4501.25 of the Revised Code, obtained	77367
under sections 4503.02 and 4504.02 of the Revised Code, less all	77368
other available cash. Revenue deposited pursuant to this paragraph	77369
shall support, in part, appropriations for operating expenses and	77370
defray the cost of manufacturing and distributing license plates	77371
and license plate stickers and enforcing the law relative to the	77372
operation and registration of motor vehicles. Notwithstanding	77373
section 4501.03 of the Revised Code, the revenues shall be paid	77374
into Fund 4W40 before any revenues obtained pursuant to sections	77375
4503.02 and 4504.02 of the Revised Code are paid into any other	77376
fund. The deposit of revenues to meet the aforementioned cash	77377
needs shall be in approximately equal amounts on a monthly basis	77378
or as otherwise determined by the Director of Budget and	77379
Management pursuant to a plan submitted by the Registrar of Motor	77380
Vehicles.	77381

CAPITAL PROJECTS

77382

The Registrar of Motor Vehicles may transfer cash from the	77383
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	77384
Highway Safety Fund (Fund 7036) to meet its obligations for	77385
capital projects CIR-047, Department of Public Safety Office	77386
Building and CIR-049, Warehouse Facility.	77387

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

77388

The foregoing appropriation item 761401, Lease Rental	77389
Payments, shall be used for payments to the Ohio Building	77390
Authority for the period July 1, 2011, to June 30, 2013, under the	77391
primary leases and agreements for public safety related buildings	77392
financed by obligations issued under Chapter 152. of the Revised	77393
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	77394
Building Authority may, with approval of the Director of Budget	77395
and Management, lease capital facilities to the Department of	77396
Public Safety.	77397

HILLTOP TRANSFER

77398

The Director of Public Safety shall determine, per an	77399
agreement with the Director of Transportation, the share of each	77400
debt service payment made out of appropriation item 761401, Lease	77401
Rental Payments, that relates to the Department of	77402
Transportation's portion of the Hilltop Building Project, and	77403
shall certify to the Director of Budget and Management the amounts	77404
of this share. The Director of Budget and Management shall	77405
transfer the amounts of such shares from the Highway Operating	77406
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	77407

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

77408

On July 1, 2011, or as soon as possible thereafter, the	77409
Director of Budget and Management shall transfer the unexpended	77410
and unencumbered cash balance in the Seat Belt Education Fund	77411
(Fund 8440) to the Trauma and Emergency Medical Services Fund	77412
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	77413
abolished. The Director shall cancel any existing encumbrances	77414
against appropriation item 761613, Seat Belt Education Program,	77415
and reestablish them against appropriation item 765624, Operating	77416
Expense - Trauma and EMS. The reestablished encumbrance amounts	77417
are hereby appropriated.	77418

CASH TRANSFERS BETWEEN FUNDS

77419

Notwithstanding any provision of law to the contrary, the	77420
Director of Budget and Management, upon the written request of the	77421
Director of Public Safety, may approve the transfer of cash	77422
between the following six funds: the Trauma and Emergency Medical	77423
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	77424
the Investigations Fund (Fund 5FL0), the Emergency Management	77425
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	77426
Program Services Fund (Fund 4P60), and the State Bureau of Motor	77427
Vehicles Fund (Fund 4W40).	77428

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

77429

Notwithstanding any provision of law to the contrary, the	77430
Director of Budget and Management, upon the written request of the	77431
Director of Public Safety, may approve the transfer of cash from	77432
the Continuing Professional Training Fund (Fund 5Y10), the State	77433
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	77434
the Trauma and Emergency Medical Services Fund (Fund 83M0), and	77435
the Highway Safety Salvage and Exchange Highway Patrol Fund (Fund	77436
8410) to the Security, Investigations, and Policing Fund (Fund	77437
8400).	77438

CASH TRANSFERS OF SEAT BELT FINE REVENUES

77439

Notwithstanding any provision of law to the contrary, the	77440
Controlling Board, upon request of the Director of Public Safety,	77441
may approve the transfer of cash between the following ~~four~~three	77442
funds that receive fine revenues from enforcement of the mandatory	77443
seat belt law: the Trauma and Emergency Medical Services Fund	77444
(Fund 83M0), the Elementary School Program Fund (Fund 83N0), and	77445
the Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	77446

STATE DISASTER RELIEF

77447

The State Disaster Relief Fund (Fund 5330) may accept	77448
transfers of cash and appropriations from Controlling Board	77449
appropriation items for Ohio Emergency Management Agency disaster	77450
response costs and disaster program management costs, and may also	77451
be used for the following purposes:	77452

(A) To accept transfers of cash and appropriations from	77453
Controlling Board appropriation items for Ohio Emergency	77454
Management Agency public assistance and mitigation program match	77455
costs to reimburse eligible local governments and private	77456
nonprofit organizations for costs related to disasters;	77457

(B) To accept and transfer cash to reimburse the costs	77458
associated with Emergency Management Assistance Compact (EMAC)	77459
deployments;	77460

(C) To accept disaster related reimbursement from federal,	77461
state, and local governments. The Director of Budget and	77462
Management may transfer cash from reimbursements received by this	77463
fund to other funds of the state from which transfers were	77464
originally approved by the Controlling Board.	77465

(D) To accept transfers of cash and appropriations from	77466
Controlling Board appropriation items to fund the State Disaster	77467
Relief Program, for disasters that have been declared by the	77468
Governor, and the State Individual Assistance Program for	77469
disasters that have been declared by the Governor and the federal	77470
Small Business Administration. The Ohio Emergency Management	77471
Agency shall publish and make available application packets	77472
outlining procedures for the State Disaster Relief Program and the	77473
State Individual Assistance Program.	77474

JUSTICE ASSISTANCE GRANT FUND

77475

The federal payments made to the state for the Byrne Justice	77476
Assistance Grants Program under Title II of Division A of the	77477
American Recovery and Reinvestment Act of 2009 shall be deposited	77478
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	77479
which is hereby created in the state treasury. All investment	77480
earnings of the fund shall be credited to the fund.	77481

FEDERAL STIMULUS – JUSTICE PROGRAMS

77482

The federal payments made to the state for the Violence	77483
Against Women Formula Grant under Title II of Division A of the	77484
American Recovery and Reinvestment Act of 2009 shall be deposited	77485
to the credit of the Federal Stimulus – Justice Programs Fund	77486
(Fund 3DH0).	77487

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	77488
AGENCY SERVICE AND REIMBURSEMENT FUND	77489

On July 1 of each fiscal year, or as soon as possible	77490
thereafter, the Director of Budget and Management shall transfer	77491
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	77492
the Emergency Management Agency Service and Reimbursement Fund	77493
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	77494
Search and Rescue Unit and other urban search and rescue programs	77495
around the state.	77496

FAMILY VIOLENCE PREVENTION FUND

77497

Notwithstanding any provision of law to the contrary, in each	77498
of fiscal years 2012 and 2013, the first $750,000 received to the	77499
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	77500
appropriated to appropriation item 768689, Family Violence Shelter	77501
Programs, and the next $400,000 received to the credit of Fund	77502
5BK0 in each of those fiscal years shall be appropriated to	77503
appropriation item 768687, Criminal Justice Services - Operating.	77504
Any moneys received to the credit of Fund 5BK0 in excess of the	77505
aforementioned appropriated amounts in each fiscal year shall,	77506
upon the approval of the Controlling Board, be used to provide	77507
grants to family violence shelters in Ohio.	77508

SARA TITLE III HAZMAT PLANNING

77509

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	77510
entitled to receive grant funds from the Emergency Response	77511
Commission to implement the Emergency Management Agency's	77512
responsibilities under Chapter 3750. of the Revised Code.	77513

COLLECTIVE BARGAINING INCREASES

77514

Notwithstanding division (D) of section 127.14 and division	77515
(B) of section 131.35 of the Revised Code, except for the General	77516
Revenue Fund, the Controlling Board may, upon the request of	77517
either the Director of Budget and Management, or the Department of	77518
Public Safety with the approval of the Director of Budget and	77519
Management, increase appropriations for any fund, as necessary for	77520
the Department of Public Safety, to assist in paying the costs of	77521
increases in employee compensation that have occurred pursuant to	77522
collective bargaining agreements under Chapter 4117. of the	77523
Revised Code and, for exempt employees, under section 124.152 of	77524
the Revised Code.	77525

CASH BALANCE FUND REVIEW

77526

Not later than the first day of April in each fiscal year of	77527
the biennium, the Director of Budget and Management shall review	77528
the cash balances for each fund, except the State Highway Safety	77529
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	77530
4W40), in the State Highway Safety Fund Group, and shall recommend	77531
to the Controlling Board an amount to be transferred to the credit	77532
of Fund 7036 or Fund 4W40, as appropriate.	77533

Section 601.11. That existing Section 205.10 of Am. Sub. H.B.	77534
114 of the 129th General Assembly, as amended by Am. Sub. H.B. 153	77535
of the 129th General Assembly, is hereby repealed.	77536

Section 601.20. That Section 201 of Sub. H.B. 123 of the	77537
129th General Assembly be amended to read as follows:	77538

Sec. 201. All items in Sections 201 and 203 of this act are	77539
hereby appropriated out of any moneys in the state treasury to the	77540
credit of the designated fund. For all appropriations made in this	77541
act, those in the first column are for fiscal year 2012, and those	77542
in the second column are for fiscal year 2013.	77543

FND

AI TITLE

Appropriations

77544

BWC BUREAU OF WORKERS' COMPENSATION	77545

Workers' Compensation Fund Group	77546

7023	855401	William Green Lease Payments to OBA	$	18,291,365	$	17,533,370	77547
7023	855407	Claims, Risk and Medical Management	$	125,427,732	$	~~124,192,959~~ 122,492,959	77548
7023	855408	Fraud Prevention	$	11,331,154	$	11,164,226	77549
7023	855409	Administrative Services	$	101,724,950	$	~~104,136,037~~ 103,346,037	77550
7023	855410	Attorney General Payments	$	4,621,850	$	4,621,850	77551
8220	855606	Coal Workers' Fund	$	150,586	$	147,666	77552
8230	855608	Marine Industry	$	76,532	$	75,527	77553
8250	855605	Disabled Workers Relief Fund	$	322,266	$	319,718	77554
8260	855609	Safety and Hygiene Operating	$	20,382,567	$	20,161,132	77555
8260	855610	Gear Program	$	4,000,000	$	4,000,000	77556
8290	855604	Long Term Care Loan Program	$	1,000,000	$	~~1,000,000~~ 100,000	77557
TOTAL WCF Workers' Compensation							77558
Fund Group			$	287,329,002	$	~~287,352,485~~ 283,962,485	77559

Federal Special Revenue Fund Group	77560

3490	855601	OSHA Enforcement	$	1,670,998	$	1,647,515	77561
TOTAL FED Federal Special Revenue Fund Group			$	1,670,998	$	1,647,515	77562
TOTAL ALL BUDGET FUND GROUPS			$	289,000,000	$	~~289,000,000~~ 285,610,000	77563

WILLIAM GREEN LEASE PAYMENTS

77564

The foregoing appropriation item 855401, William Green Lease	77565
Payments to OBA, shall be used for lease payments to the Ohio	77566
Building Authority, and these appropriations shall be used to meet	77567
all payments at the times they are required to be made during the	77568
period from July 1, 2011, to June 30, 2013, by the Bureau of	77569
Workers' Compensation to the Ohio Building Authority pursuant to	77570
leases and agreements made under Chapter 152. of the Revised Code	77571
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.	77572
Of the amounts received in Fund 7023, appropriation item 855401,	77573
William Green Lease Payments to OBA, up to $35,824,735 shall be	77574
restricted for lease rental payments to the Ohio Building	77575
Authority. If it is determined that additional appropriations are	77576
necessary for such purpose, such amounts are hereby appropriated.	77577

Notwithstanding any provision of law to the contrary, all	77578
tenants of the William Green Building not funded by the Workers'	77579
Compensation Fund (Fund 7023) shall pay their fair share of the	77580
costs of lease payments to the Workers' Compensation Fund (Fund	77581
7023) by intrastate transfer voucher.	77582

WORKERS' COMPENSATION FRAUD UNIT

77583

The Workers' Compensation Section Fund (Fund 1950)	77584
administered by the Attorney General shall receive payments from	77585
the Bureau of Workers' Compensation at the beginning of each	77586
quarter of each fiscal year to fund expenses of the Workers'	77587
Compensation Fraud Unit within the Attorney General's Office. Of	77588
the foregoing appropriation item 855410, Attorney General	77589
Payments, $828,200 in fiscal year 2012 and $828,200 in fiscal year	77590
2013 shall be used to provide these payments.	77591

SAFETY AND HYGIENE

77592

Notwithstanding section 4121.37 of the Revised Code, the	77593
Treasurer of State shall transfer $20,382,567 cash in fiscal year	77594
2012 and $20,161,132 cash in fiscal year 2013 from the State	77595
Insurance Fund to the Safety and Hygiene Fund (Fund 8260).	77596

OSHA ON-SITE CONSULTATION PROGRAM

77597

The Bureau of Workers' Compensation may designate a portion	77598
of appropriation item 855609, Safety and Hygiene Operating, to be	77599
used to match federal funding for the federal Occupational Safety	77600
and Health Administration's (OSHA) on-site consultation program.	77601

VOCATIONAL REHABILITATION

77602

The Bureau of Workers' Compensation and the Rehabilitation	77603
Services Commission shall enter into an interagency agreement for	77604
the provision of vocational rehabilitation services and staff to	77605
mutually eligible clients. The bureau shall provide $605,407 in	77606
fiscal year 2012 and $605,407 in fiscal year 2013 from the State	77607
Insurance Fund to fund vocational rehabilitation services and	77608
staff in accordance with the interagency agreement.	77609

FUND BALANCE

77610

Any unencumbered cash balance in excess of $45,000,000 in the	77611
Workers' Compensation Fund (Fund 7023) on the thirtieth day of	77612
June of each fiscal year shall be used to reduce the	77613
administrative cost rate charged to employers to cover	77614
appropriations for Bureau of Workers' Compensation operations.	77615

Section 601.21. That existing Section 201 of Sub. H.B. 123 of	77616
the 129th General Assembly is hereby repealed.	77617

Section 601.30. That Section 1 of H.B. 124 of the 129th	77618
General Assembly be amended to read as follows:	77619

Sec. 1. All items in this section are hereby appropriated out	77620
of any moneys in the state treasury to the credit of the	77621
designated fund. For all appropriations made in this section,	77622
those in the first column are for fiscal year 2012, and those in	77623
the second column are for fiscal year 2013.	77624

Appropriations

77625

FND

AI TITLE

FY 2012

FY 2013

77626

OIC INDUSTRIAL COMMISSION	77627

Workers' Compensation Fund Group	77628

5W30	845321	Operating Expenses	$	50,100,000	$	~~48,900,000~~ 47,732,000	77629
5W30	845402	Rent - William Green Building	$	5,500,000	$	5,500,000	77630
5W30	845410	Attorney General Payments	$	3,900,000	$	4,000,000	77631
TOTAL WCF Workers' Compensation							77632
Fund Group			$	59,500,000	$	~~58,400,000~~ 57,232,000	77633
TOTAL ALL BUDGET FUND GROUPS			$	59,500,000	$	~~58,400,000~~ 57,232,000	77634

RENT - WILLIAM GREEN BUILDING

77635

The foregoing appropriation item 845402, Rent - William Green	77636
Building, shall be used for rent and operating expenses for the	77637
space occupied by the Industrial Commission in the William Green	77638
Building.	77639

Section 601.31. That existing Section 1 of H.B. 124 of the	77640
129th General Assembly is hereby repealed.	77641

Section 601.40. That Sections 205.10, 207.10, 207.10.80,	77642
207.20.30, 207.20.90, 209.10, 209.20, 211.10, 215.10, 223.10,	77643
229.10, 243.10, 247.10, 263.10, 263.10.30, 263.10.90, 263.20.40,	77644
263.20.70, 267.10, 267.10.10, 267.10.20, 267.10.40, 267.30.20,	77645
267.30.40, 279.10, 307.10, 291.10, 307.10, 309.10, 309.30.30,	77646
309.30.33, 309.35.73, 315.10, 327.10, 335.10, 343.10, 365.10,	77647
367.10, 369.10, 371.10, 371.60.80, 373.10, 375.10, 379.10, 387.10,	77648
403.10, 411.10, 415.10, 503.50, 521.70, and 753.25 of Am. Sub.	77649
H.B. 153 of the 129th General Assembly be amended to read as	77650
follows:	77651

Sec. 205.10. ADJ ADJUTANT GENERAL

77652

General Revenue Fund	77653

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	77654
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	77655
GRF	745407	National Guard Benefits	$	400,000	$	400,000	77656
GRF	745409	Central Administration	$	2,692,098	$	~~2,692,098~~ 2,682,098	77657
GRF	745499	Army National Guard	$	3,687,888	$	3,689,871	77658
TOTAL GRF General Revenue Fund			$	8,602,900	$	~~8,604,883~~ 8,594,883	77659

General Services Fund Group	77660

5340	745612	Property Operations Management	$	534,304	$	534,304	77661
5360	745605	Marksmanship Activities	$	128,600	$	128,600	77662
5360	745620	Camp Perry and Buckeye Inn Operations	$	1,178,311	$	978,846	77663
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	77664
TOTAL GSF General Services Fund Group			$	1,903,215	$	1,703,750	77665

Federal Special Revenue Fund Group	77666

3410	745615	Air National Guard Base Security	$	2,977,692	$	2,977,692	77667
3420	745616	Army National Guard Service Agreement	$	10,970,050	$	10,970,050	77668
3E80	745628	Air National Guard Operations and Maintenance	$	16,958,595	$	16,958,595	77669
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	77670
TOTAL FED Federal Special Revenue Fund Group			$	30,931,337	$	30,931,337	77671

State Special Revenue Fund Group	77672

5U80	745613		Community Match Armories		$	250,000		$	250,000		77673
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		77674

TOTAL ALL BUDGET FUND GROUPS

41,687,452

~~41,489,970~~ 41,479,970

77675

NATIONAL GUARD BENEFITS

77676

The foregoing appropriation item 745407, National Guard	77677
Benefits, shall be used for purposes of sections 5919.31 and	77678
5919.33 of the Revised Code, and for administrative costs of the	77679
associated programs.	77680

For active duty members of the Ohio National Guard who died	77681
after October 7, 2001, while performing active duty, the death	77682
benefit, pursuant to section 5919.33 of the Revised Code, shall be	77683
paid to the beneficiary or beneficiaries designated on the	77684
member's Servicemembers' Group Life Insurance Policy.	77685

STATE ACTIVE DUTY COSTS

77686

Of the foregoing appropriation item 745409, Central	77687
Administration, $50,000 in each fiscal year shall be used for the	77688
purpose of paying expenses related to state active duty of members	77689
of the Ohio organized militia, in accordance with a proclamation	77690
of the Governor. Expenses include, but are not limited to, the	77691
cost of equipment, supplies, and services, as determined by the	77692
Adjutant General's Department.	77693

Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

77694

General Revenue Fund	77695

GRF	100403	Public Employees Health Care Program	$	400,000	$	~~400,000~~ 344,000	77696
GRF	100415	OAKS Rental Payments	$	23,024,500	$	23,006,300	77697
GRF	100416	STARS Lease Rental Payments	$	4,970,700	$	4,971,300	77698
GRF	100418	Web Sites and Business Gateway	$	2,895,063	$	~~2,795,176~~ 0	77699
GRF	100419	IT Security Infrastructure	$	742,535	$	~~742,648~~ 0	77700
GRF	100439	Equal Opportunity Certification Programs	$	625,000	$	~~625,000~~ 0	77701
GRF	100447	OBA - Building Rent Payments	$	53,260,000	$	83,504,200	77702
GRF	100448	OBA - Building Operating Payments	$	21,000,000	$	21,000,000	77703
GRF	100449	DAS - Building Operating Payments	$	7,551,245	$	7,551,571	77704
GRF	100451	Minority Affairs	$	24,016	$	~~24,016~~ 0	77705
GRF	100452	Efficiency & Results Program	$	0	$	650,000	77706
GRF	100456	State IT Services	$	0	$	3,537,824	77707
GRF	100457	Equal Opportunity Services	$	0	$	1,610,516	77708
GRF	100458	State Construction Management Services	$	0	$	2,745,751	77709
GRF	102321	Construction Compliance	$	920,000	$	~~920,000~~ 0	77710
GRF	130321	State Agency Support Services	$	2,779,457	$	~~2,780,032~~ 2,752,232	77711
TOTAL GRF General Revenue Fund			$	118,192,516	$	~~148,320,243~~ 151,673,694	77712

General Services Fund Group	77713

1120	100616	DAS Administration	$	5,974,625	$	~~5,886,524~~ 5,827,659	77714
1150	100632	Central Service Agency	$	911,995	$	~~912,305~~ 903,182	77715
1170	100644	General Services Division - Operating	$	13,000,000	$	13,000,000	77716
1220	100637	Fleet Management	$	3,978,827	$	~~4,204,066~~ 4,162,025	77717
1250	100622	Human Resources Division - Operating	$	16,922,295	$	~~16,717,009~~ 16,549,839	77718
1250	100657	Benefits Communication	$	925,586	$	~~921,531~~ 912,316	77719
1280	100620	Collective Bargaining	$	3,462,529	$	~~3,464,148~~ 3,429,507	77720
1300	100606	Risk Management Reserve	$	10,349,494	$	~~12,149,884~~ 12,028,385	77721
1310	100639	State Architect's Office	$	9,812,132	$	~~9,813,342~~ 9,463,342	77722
1320	100631	DAS Building Management	$	11,000,000	$	11,000,000	77723
1330	100607	IT Services Delivery	$	58,088,940	$	~~58,103,005~~ 57,521,975	77724
1880	100649	Equal Opportunity Division - Operating	$	939,559	$	863,013	77725
2100	100612	State Printing	$	17,597,054	$	16,659,526	77726
2290	100630	IT Governance	$	14,000,000	$	14,000,000	77727
2290	100640	Leveraged Enterprise Purchases	$	3,000,000	$	~~3,000,000~~ 2,816,535	77728
4270	100602	Investment Recovery	$	4,100,000	$	~~4,100,000~~ 4,000,000	77729
4N60	100617	Major IT Purchases	$	1,950,000	$	4,950,000	77730
4P30	100603	DAS Information Services	$	5,047,565	$	~~4,979,392~~ 4,929,598	77731
5C20	100605	MARCS Administration	$	14,075,705	$	14,077,467	77732
5C30	100608	Skilled Trades	$	404,297	$	~~404,375~~ 204,375	77733
5EB0	100635	OAKS Support Organization	$	19,000,539	$	~~19,003,108~~ 18,813,077	77734
5EB0	100656	OAKS Updates and Developments	$	12,265,952	$	~~8,743,462~~ 8,656,027	77735
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	77736
5L70	100610	Professional Development	$	2,496,679	$	2,496,760	77737
5V60	100619	Employee Educational Development	$	800,000	$	850,000	77738
5X30	100634	Centralized Gateway Enhancement	$	2,052,308	$	2,052,308	77739
TOTAL GSF General Services Fund							77740
Group			$	232,306,081	$	~~232,501,225~~ 230,316,916	77741

Federal Special Revenue Fund Group	77742

3AJ0	100654	ARRA Broadband Mapping Grant	$	270,756	$	106,347	77743
TOTAL FED Federal Special Revenue							77744
Fund Group			$	270,756	$	106,347	77745

State Special Revenue Fund Group	77746

5JQ0	100658	~~Professions~~ Professionals Licensing System	$	2,000,000	$	~~1,000,000~~ 990,000	77747
TOTAL SSR State Special Revenue							77748
Fund Group			$	2,000,000	$	~~1,000,000~~ 990,000	77749
TOTAL ALL BUDGET FUND GROUPS			$	352,769,353	$	~~381,927,815~~ 383,086,957	77750

Sec. 207.10.80. DAS - BUILDING OPERATING PAYMENTS

77752

The foregoing appropriation item 100449, DAS - Building	77753
Operating Payments, shall be used to pay the rent expenses of	77754
veterans organizations pursuant to section 123.024 of the Revised	77755
Code in fiscal years 2012 and 2013.	77756

The foregoing appropriation item, 100449, DAS - Building	77757
Operating Payments, also may be used to provide funding for the	77758
cost of property appraisals or building studies that the	77759
Department of Administrative Services may be required to obtain	77760
for property that is being sold by the state or property under	77761
consideration to be renovated or purchased by the state.	77762

Notwithstanding section 125.28 of the Revised Code, the	77763
remaining portion of the appropriation may be used to pay the	77764
operating expenses of state facilities maintained by the	77765
Department of Administrative Services that are not billed to	77766
building tenants, or other costs associated with the Voinovich	77767
Center in Youngstown, Ohio. These expenses may include, but are	77768
not limited to, the costs for vacant space and space undergoing	77769
renovation, and the rent expenses of tenants that are relocated	77770
because of building renovations. These payments shall be processed	77771
by the Department of Administrative Services through intrastate	77772
transfer vouchers and placed in the Building Management Fund (Fund	77773
1320).	77774

STATE IT SERVICES

77775

The foregoing appropriation item 100456, State IT Services,	77776
shall be used to pay costs associated with the Ohio Business	77777
Gateway, State Portal, and Shared Hosting Service that were	77778
formerly paid from appropriation item 100418, Web Sites and	77779
Business Gateway, and costs associated with statewide operators	77780
and the Ohio Geographically Referenced Information Program that	77781
were formerly paid from appropriation item 100419, IT Security	77782
Infrastructure. The Director of Budget and Management shall cancel	77783
any existing encumbrances against appropriation items 100418, Web	77784
Site and Business Gateway and 100419, IT Security Infrastructure,	77785
and reestablish them against appropriation item 100456, State IT	77786
Services. The reestablished encumbrance amounts are hereby	77787
appropriated.	77788

EQUAL OPPORTUNITY SERVICES

77789

The foregoing appropriation item 100457, Equal Opportunity	77790
Services, shall be used to pay costs associated with the	77791
certification of businesses for participation in the Minority	77792
Business Enterprise and Encouraging Diversity, Growth and Equity	77793
Programs that were formerly paid from appropriation item 100439,	77794
Equal Opportunity Certification Programs; the activities of the	77795
Ohio Dr. Martin Luther King, Jr. Holiday Commission that were	77796
formerly paid from appropriation item 100451, Minority Affairs;	77797
and the monitoring of equal employment opportunity (EEO) and	77798
affirmative action requirements to ensure contractors bidding on	77799
and receiving contracts comply with EEO laws, rules, and	77800
regulations that were formerly paid from appropriation item	77801
102321, Construction Compliance. The Director of Budget and	77802
Management shall cancel any existing encumbrances against	77803
appropriation items 100439, Equal Opportunity Certification	77804
Programs; 100451, Minority Affairs; and 102321, Construction	77805
Compliance, and reestablish them against appropriation item	77806
100457, Equal Opportunity Services. The reestablished encumbrance	77807
amounts are hereby appropriated.	77808

STATE CONSTRUCTION MANAGEMENT SERVICES

77809

The foregoing appropriation item 100458, State Construction	77810
Management Services, shall be used to pay costs of statewide	77811
shared construction-related services and capital improvement	77812
project management services provided through the state's	77813
enterprise resource planning system.	77814

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	77815
HUMAN RESOURCES SERVICES FUND	77816

Upon request of the Director of Administrative Services, in	77817
FY 2013, the Director of Budget and Management shall transfer up	77818
to $975,000 from the Workforce Development Fund (Fund 5D70) to the	77819
Human Resources Services Fund (Fund 1250) to support one-time	77820
human resources administration activities for state agencies.	77821

Sec. 207.20.30. EQUAL OPPORTUNITY PROGRAM

77822

The Department of Administrative Services, with the approval	77823
of the Director of Budget and Management, shall establish charges	77824
for recovering the costs of administering the activities supported	77825
by the State EEO Fund (Fund 1880). These charges shall be	77826
deposited to the credit of the State EEO Fund (Fund 1880) upon	77827
payment made by state agencies, state-supported or state-assisted	77828
institutions of higher education, and tax-supported agencies,	77829
municipal corporations, and other political subdivisions of the	77830
state, for services rendered.	77831

LEVERAGED ENTERPRISE PURCHASES

77832

The foregoing appropriation item 100640, Leveraged Enterprise	77833
Purchases, shall be used by the Department of Administrative	77834
Services to make information technology purchases for the benefit	77835
of one or more government entities as authorized under division	77836
(G) of section 125.18 of the Revised Code. If the Director of	77837
Administrative Services determines that the existing appropriation	77838
is insufficient to timely make such purchases, the Director of	77839
Administrative Services shall seek the approval of the Director of	77840
Budget and Management to make the requested purchases. Upon the	77841
approval of the Director of Budget and Management, the additional	77842
amounts necessary to make the purchases are hereby appropriated.	77843

Sec. 207.20.90. ~~CASH TRANSFERS FROM THE MAJOR IT PURCHASES~~	77844
~~FUND~~	77845

~~Upon request of the Director of Administrative Services, the~~	77846
~~Director of Budget and Management may make the following transfers~~	77847
~~from the Major IT Purchases Fund (Fund 4N60):~~	77848

~~(1) Up to $2,800,000 in each fiscal year of the biennium to~~	77849
~~the State Architect's Fund (Fund 1310) to support the OAKS Capital~~	77850
~~Improvements Module and other costs of the State Architect's~~	77851
~~Office that are not directly related to capital projects managed~~	77852
~~by the State Architect;~~	77853

~~(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in~~	77854
~~fiscal year 2013 to the Director's Office Fund (Fund 1120) to~~	77855
~~support operating expenses of the Accountability and Results~~	77856
~~Initiative.~~	77857

CASH TRANSFERS TO THE MAJOR IT PURCHASES FUND

77858

Upon request of the Director of Administrative Services, the	77859
Director of Budget and Management may transfer up to $4,000,000	77860
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	77861
IT Purchases Fund (Fund 4N60). This amount represents cash	77862
transferred from Fund 4N60 during fiscal year 2010 pursuant to	77863
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	77864
Assembly. Any portion of appropriation item 100617, Major IT	77865
Purchases, that is unencumbered and unexpended at the end of	77866
fiscal year 2012 is hereby reappropriated for fiscal year 2013.	77867

Sec. 209.10. AGE DEPARTMENT OF AGING

77868

General Revenue Fund	77869

GRF	490321	Operating Expenses	$	1,501,616	$	~~1,502,442~~ 1,487,418	77870
GRF	490410	Long-Term Care Ombudsman	$	482,271	$	~~482,271~~ 477,448	77871
GRF	490411	Senior Community Services	$	7,130,952	$	~~7,131,236~~ 7,060,844	77872
GRF	490414	Alzheimer's Respite	$	1,917,740	$	~~1,917,757~~ 1,895,245	77873
GRF	490423	Long-Term Care Budget - State	$	3,419,250	$	~~3,419,250~~ 3,385,057	77874
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	77875
TOTAL GRF General Revenue Fund			$	14,693,242	$	~~14,694,369~~ 14,547,425	77876

General Services Fund Group	77877

4800	490606	Senior Community Outreach and Education	$	372,518	$	372,523	77878
TOTAL GSF General Services Fund							77879
Group			$	372,518	$	372,523	77880

Federal Special Revenue Fund Group	77881

3220	490618	Federal Aging Grants	$	14,000,000	$	14,000,000	77882
3C40	490623	Long-Term Care Budget	$	3,525,000	$	3,525,000	77883
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	77884
TOTAL FED Federal Special Revenue							77885
Fund Group			$	81,180,080	$	81,180,080	77886

State Special Revenue Fund Group	77887

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	77888
5BA0	490620	Ombudsman Support	$	750,000	$	750,000	77889
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	77890
5W10	490616	Resident Services Coordinator Program	$	344,692	$	344,700	77891
TOTAL SSR State Special Revenue							77892
Fund Group			$	3,089,092	$	3,089,100	77893
TOTAL ALL BUDGET FUND GROUPS			$	99,334,932	$	~~99,336,072~~ 99,189,128	77894

Sec. 209.20. LONG-TERM CARE

77896

Pursuant to an interagency agreement, the Department of Job	77897
and Family Services ~~shall~~may designate the Department of Aging to	77898
perform assessments under section 5111.204 of the Revised Code.	77899
The Department of Aging shall provide long-term care consultations	77900
under section 173.42 of the Revised Code to assist individuals in	77901
planning for their long-term health care needs.	77902

The Department of Aging shall administer the Medicaid	77903
waiver-funded PASSPORT Home Care Program, the Choices Program, the	77904
Assisted Living Program, and the PACE Program as delegated by the	77905
Department of Job and Family Services in an interagency agreement.	77906
The foregoing appropriation items 490423, Long-Term Care Budget -	77907
State, and 490623, Long-Term Care Budget, may be used to support	77908
the Department of Aging's administrative costs associated with	77909
operating the PASSPORT, Choices, Assisted Living, and PACE	77910
programs.	77911

Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE

77912

General Revenue Fund	77913

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	77914
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	77915
GRF	700404	Ohio Proud	$	50,000	$	50,000	77916
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	77917
GRF	700407	Food Safety	$	848,792	$	848,792	77918
GRF	700409	Farmland Preservation	$	72,750	$	72,750	77919
GRF	700412	Weights and Measures	$	600,000	$	600,000	77920
GRF	700415	Poultry Inspection	$	392,978	$	392,978	77921
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	77922
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	77923
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	77924
GRF	700501	County Agricultural Societies	$	391,413	$	391,413	77925
TOTAL GRF General Revenue Fund			$	14,054,229	$	14,054,229	77926

General Services Fund Group	77927

5DA0	700644	Laboratory Administration Support	$	1,094,867	$	1,094,867	77928
5GH0	700655	Central Support Indirect Cost	$	4,456,842	$	4,456,842	77929
TOTAL GSF General Services Fund Group			$	5,551,709	$	5,551,709	77930

Federal Special Revenue Fund Group	77931

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	77932
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	77933
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	77934
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	77935
3J40	700607	Indirect Cost	$	600,000	$	600,000	77936
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	77937
TOTAL FED Federal Special Revenue							77938
Fund Group			$	9,700,000	$	9,700,000	77939

State Special Revenue Fund Group	77940

4960	700626	Ohio Grape Industries	$	846,611	$	846,611	77941
4970	700627	Commodity Handlers Regulatory Program	$	483,402	$	483,402	77942
4C90	700605	Commercial Feed and Seed	$	1,816,897	$	1,816,897	77943
4D20	700609	Auction Education	$	41,000	$	41,000	77944
4E40	700606	Utility Radiological Safety	$	131,785	$	131,785	77945
4P70	700610	Food Safety Inspection	$	1,085,836	$	1,085,836	77946
4R00	700636	Ohio Proud Marketing	$	30,500	$	30,500	77947
4R20	700637	Dairy Industry Inspection	$	1,758,247	$	1,758,247	77948
4T60	700611	Poultry and Meat Inspection	$	180,000	$	180,000	77949
4T70	700613	Ohio Proud International and Domestic Market Development	$	50,000	$	50,000	77950
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	77951
5B80	700629	Auctioneers	$	359,823	$	359,823	77952
5FC0	700648	Plant Pest Program	$	1,164,000	$	1,164,000	77953
5H20	700608	Metrology Lab and Scale Certification	$	750,000	$	750,000	77954
5HP0	700656	Livestock Care Standards Board	$	80,000	$	80,000	77955
5L80	700604	Livestock Management Program	$	584,000	$	584,000	77956
6520	700634	Animal and Consumer Analytical Laboratory	$	4,366,383	$	4,366,383	77957
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	77958
TOTAL SSR State Special Revenue							77959
Fund Group			$	18,321,667	$	18,321,667	77960

Clean Ohio Conservation Fund Group	77961

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		77962
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		77963

TOTAL ALL BUDGET FUND GROUPS

47,937,605

77964

COUNTY AGRICULTURAL SOCIETIES

77965

The foregoing appropriation item 700501, County Agricultural	77966
Societies, shall be used to reimburse county and independent	77967
agricultural societies for expenses related to Junior Fair	77968
activities.	77969

ABOLISHMENT OF VARIOUS FUNDS

77970

Upon the effective date of this amendment, or as soon as	77971
possible thereafter, the Director of Budget and Management shall	77972
transfer the cash balances in the following twelve funds to the	77973
Indirect Cost Fund (Fund 5GH0): (1) the Federal Grants Fund (Fund	77974
3X60), (2) the Specialty Crops Support Fund (Fund 3X70), (3) the	77975
Fruits and Vegetables Fund (Fund 4930), (4) the Dairy Fund (Fund	77976
4V00), (5) the Animal Industry Fund (Fund 4VS0), (6) the Scale	77977
Certification Fund (Fund 5790), (7) the Weights and Measures	77978
Permits Fund (Fund 58F0), (8) the Food Policy Council Fund (Fund	77979
5FD0), (9) the Sustainable Agriculture Fund (Fund 5FE0), (10) the	77980
Pilot Farmland Preservation Fund (Fund 5GS0), (11) the Farm	77981
Service Electronic Filing Fund (Fund SY70), and (12) the Seed Fund	77982
(Fund SZ40). Upon completion of the cash transfers, the funds from	77983
which the required cash transfers were made are abolished. The	77984
Director shall cancel any existing encumbrances against applicable	77985
line items within the abolished funds and re-establish them	77986
against Fund 5GH0 appropriation item 700655, Central Support	77987
Indirect Cost. The re-established encumbrance amounts are hereby	77988
appropriated.	77989

CLEAN OHIO AGRICULTURAL EASEMENT

77990

The foregoing appropriation item 700632, Clean Ohio	77991
Agricultural Easement, shall be used by the Department of	77992
Agriculture in administering Ohio Agricultural Easement Fund (Fund	77993
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	77994
5301.70 of the Revised Code.	77995

Sec. 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	77996
SERVICES	77997

General Revenue Fund	77998

GRF	038401	Treatment Services	$	11,225,590	$	7,020,974	77999
GRF	038404	Prevention Services	$	868,659	$	868,659	78000
GRF	038501	Medicaid Match	$	23,959,113	$	0	78001
TOTAL GRF General Revenue Fund			$	36,053,362	$	7,889,633	78002

General Services Fund	78003

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		78004
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		78005

Federal Special Revenue Fund Group	78006

3G40	038614	Substance Abuse Block Grant	$	69,000,000	$	69,000,000	78007
3H80	038609	Demonstration Grants	$	8,675,580	$	8,675,580	78008
3J80	038610	Medicaid	$	69,200,000	$	0	78009
3N80	038611	Administrative Reimbursement	$	300,000	$	300,000	78010
TOTAL FED Federal Special Revenue							78011
Fund Group			$	147,175,580	$	77,975,580	78012

State Special Revenue Fund Group	78013

4750	038621	Statewide Treatment and Prevention	$	16,000,000	$	14,000,000	78014
5JL0	038629	Problem Casino Gambling and Addictions Fund	$	226,612	$	5,446,364	78015
5JW0	038615	Board Match Reimbursement	$	3,000,000	$	3,000,000	78016
6890	038604	Education and Conferences	$	75,000	$	75,000	78017
TOTAL SSR State Special Revenue							78018
Fund Group			$	~~19,075,000~~ 19,301,612	$	~~17,075,000~~ 22,521,364	78019
TOTAL ALL BUDGET FUND GROUPS			$	~~202,638,942~~ 202,865,554	$	~~103,275,213~~ 108,721,577	78020

Sec. 223.10. AGO ATTORNEY GENERAL

78022

General Revenue Fund	78023

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	78024
GRF	055405	Law-Related Education	$	100,000	$	100,000	78025
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	78026
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	78027
TOTAL GRF General Revenue Fund			$	44,203,589	$	44,203,589	78028

General Services Fund Group	78029

1060	055612	General Reimbursement	$	43,357,968	$	43,011,277	78030
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	78031
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	78032
4200	055603	Attorney General Antitrust	$	1,871,674	$	1,839,074	78033
4210	055617	Police Officers' Training Academy Fee	$	2,124,942	$	2,088,805	78034
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,529,685	$	1,521,731	78035
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	78036
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	78037
5L50	055619	Law Enforcement Assistance Program	$	300,222	$	0	78038
5LR0	055655	Peace Officer Training - Casino	$	192,620	$	4,629,409	78039
6310	055637	Consumer Protection Enforcement	$	3,799,115	$	3,718,973	78040
TOTAL GSF General Services Fund							78041
Group			$	~~68,790,980~~ 68,983,600	$	~~67,987,234~~ 72,616,643	78042

Federal Special Revenue Fund Group	78043

3060	055620	Medicaid Fraud Control	$	4,211,235	$	4,122,399	78044
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	78045
3830	055634	Crime Victims Assistance	$	13,000,000	$	13,000,000	78046
3E50	055638	Attorney General Pass-Through Funds	$	1,223,606	$	1,222,172	78047
3R60	055613	Attorney General Federal Funds	$	3,823,251	$	3,673,251	78048
TOTAL FED Federal Special Revenue							78049
Fund Group			$	22,660,632	$	22,420,362	78050

State Special Revenue Fund Group	78051

4020	055616	Victims of Crime	$	26,000,000	$	26,000,000	78052
4170	055621	Domestic Violence Shelter	$	25,000	$	25,000	78053
4190	055623	Claims Section	$	44,197,843	$	41,953,025	78054
4L60	055606	DARE Programs	$	4,477,962	$	4,477,962	78055
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	78056
6590	055641	Solid and Hazardous Waste Background Investigations	$	662,227	$	651,049	78057
TOTAL SSR State Special Revenue							78058
Fund Group			$	75,963,032	$	73,707,036	78059

Holding Account Redistribution Fund Group	78060

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	78061
R005	055632	Antitrust Settlements	$	1,000	$	1,000	78062
R018	055630	Consumer Frauds	$	750,000	$	750,000	78063
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	78064
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	78065
TOTAL 090 Holding Account							78066
Redistribution Fund Group			$	6,276,025	$	6,276,025	78067

Tobacco Master Settlement Agreement Fund Group	78068

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	2,300,000	$	0	78069
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,527,992	$	2,514,690	78070
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,827,992	$	2,514,690	78071
TOTAL ALL BUDGET FUND GROUPS			$	~~222,722,250~~ 222,914,870	$	~~217,108,936~~ 221,738,345	78072

COUNTY SHERIFFS' PAY SUPPLEMENT

78073

The foregoing appropriation item 055411, County Sheriffs' Pay	78074
Supplement, shall be used for the purpose of supplementing the	78075
annual compensation of county sheriffs as required by section	78076
325.06 of the Revised Code.	78077

At the request of the Attorney General, the Director of	78078
Budget and Management may transfer appropriation from	78079
appropriation item 055321, Operating Expenses, to appropriation	78080
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	78081
transferred shall be used to supplement the annual compensation of	78082
county sheriffs as required by section 325.06 of the Revised Code.	78083

COUNTY PROSECUTORS' PAY SUPPLEMENT

78084

The foregoing appropriation item 055415, County Prosecutors'	78085
Pay Supplement, shall be used for the purpose of supplementing the	78086
annual compensation of certain county prosecutors as required by	78087
section 325.111 of the Revised Code.	78088

At the request of the Attorney General, the Director of	78089
Budget and Management may transfer appropriation from	78090
appropriation item 055321, Operating Expenses, to appropriation	78091
item 055415, County Prosecutors' Pay Supplement. Any appropriation	78092
so transferred shall be used to supplement the annual compensation	78093
of county prosecutors as required by section 325.111 of the	78094
Revised Code.	78095

GENERAL REIMBURSEMENT FUND

78096

Notwithstanding any other provision of law to the contrary,	78097
on July 1, 2011, or as soon as possible thereafter, the Director	78098
of Budget and Management shall transfer $160,000 cash from the	78099
General Revenue Fund to the General Reimbursement Fund (Fund 1060)	78100
used by the Office of the Attorney General.	78101

WORKERS' COMPENSATION SECTION

78102

The Workers' Compensation Fund (Fund 1950) is entitled to	78103
receive payments from the Bureau of Workers' Compensation and the	78104
Ohio Industrial Commission at the beginning of each quarter of	78105
each fiscal year to fund legal services to be provided to the	78106
Bureau of Workers' Compensation and the Ohio Industrial Commission	78107
during the ensuing quarter. The advance payment shall be subject	78108
to adjustment.	78109

In addition, the Bureau of Workers' Compensation shall	78110
transfer payments at the beginning of each quarter for the support	78111
of the Workers' Compensation Fraud Unit.	78112

All amounts shall be mutually agreed upon by the Attorney	78113
General, the Bureau of Workers' Compensation, and the Ohio	78114
Industrial Commission.	78115

ATTORNEY GENERAL PASS-THROUGH FUNDS

78116

The foregoing appropriation item 055638, Attorney General	78117
Pass-Through Funds, shall be used to receive federal grant funds	78118
provided to the Attorney General by other state agencies,	78119
including, but not limited to, the Department of Youth Services	78120
and the Department of Public Safety.	78121

GENERAL HOLDING ACCOUNT

78122

The foregoing appropriation item 055631, General Holding	78123
Account, shall be used to distribute moneys under the terms of	78124
relevant court orders or other settlements received in a variety	78125
of cases involving the Office of the Attorney General. If it is	78126
determined that additional amounts are necessary for this purpose,	78127
the amounts are hereby appropriated.	78128

ANTITRUST SETTLEMENTS

78129

The foregoing appropriation item 055632, Antitrust	78130
Settlements, shall be used to distribute moneys under the terms of	78131
relevant court orders or other out of court settlements in	78132
antitrust cases or antitrust matters involving the Office of the	78133
Attorney General. If it is determined that additional amounts are	78134
necessary for this purpose, the amounts are hereby appropriated.	78135

CONSUMER FRAUDS

78136

The foregoing appropriation item 055630, Consumer Frauds,	78137
shall be used for distribution of moneys from court-ordered	78138
judgments against sellers in actions brought by the Office of	78139
Attorney General under sections 1334.08 and 4549.48 and division	78140
(B) of section 1345.07 of the Revised Code. These moneys shall be	78141
used to provide restitution to consumers victimized by the fraud	78142
that generated the court-ordered judgments. If it is determined	78143
that additional amounts are necessary for this purpose, the	78144
amounts are hereby appropriated.	78145

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

78146

The foregoing appropriation item 055601, Organized Crime	78147
Commission Distributions, shall be used by the Organized Crime	78148
Investigations Commission, as provided by section 177.011 of the	78149
Revised Code, to reimburse political subdivisions for the expenses	78150
the political subdivisions incur when their law enforcement	78151
officers participate in an organized crime task force. If it is	78152
determined that additional amounts are necessary for this purpose,	78153
the amounts are hereby appropriated.	78154

COLLECTION OUTSIDE COUNSEL PAYMENTS

78155

The foregoing appropriation item 055650, Collection Outside	78156
Counsel Payments, shall be used for the purpose of paying	78157
contingency counsel fees for cases where debtors mistakenly paid	78158
the client agencies instead of the Attorney General's Revenue	78159
Recovery/Collections Enforcement Section. If it is determined that	78160
additional amounts are necessary for this purpose, the amounts are	78161
hereby appropriated.	78162

Sec. 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

78163

General Revenue Fund	78164

GRF	042321	Budget Development and Implementation	$	2,362,025	$	~~2,378,166~~ 2,353,166	78165
GRF	042409	Commission Closures	$	50,000	$	50,000	78166
GRF	042416	Office of Health Transformation	$	306,285	$	0 499,252	78167
GRF	042423	Liquor Enterprise Transaction	$	500,000	$	0	78168
TOTAL GRF General Revenue Fund			$	3,218,310	$	~~2,428,166~~ 2,902,418	78169

General Services Fund Group	78170

1050	042603	State Accounting and Budgeting	$	~~21,917,230~~ 21,158,069	$	~~22,006,331~~ 22,262,185	78171
5N40	042602	OAKS Project Implementation	$	1,358,000	$	~~1,309,500~~ 1,296,000	78172
5Z80	042608	Office of Health Transformation Administration	$	57,752	$	0	78173
TOTAL GSF General Services Fund Group			$	~~23,332,982~~ 22,573,821	$	~~23,315,831~~ 23,558,185	78174

Federal Special Revenue Fund Group	78175

3CM0	042606		Office of Health Transformation - Federal		$	384,037		$	~~145,500~~ 438,723		78176
TOTAL FED Federal Special Revenue Fund Group					$	384,037		$	~~145,500~~ 438,723		78177

Agency Fund Group	78178

5EH0	042604	Forgery Recovery	$	50,000	$	~~50,000~~ 49,000	78179
TOTAL AGY Agency Fund Group			$	50,000	$	~~50,000~~ 49,000	78180
TOTAL ALL BUDGET FUND GROUPS			$	~~26,985,329~~ 26,226,168	$	~~25,939,497~~ 26,948,326	78181

COMMISSION CLOSURES

78182

The foregoing appropriation item 042409, Commission Closures,	78183
may be used to pay obligations associated with the closure of the	78184
Commission on Dispute Resolution and Conflict Management, the	78185
School Employees Health Care Board, the Legal Rights Service, and	78186
the Workers' Compensation Council. Notwithstanding any provision	78187
of law to the contrary, this appropriation item may also be used	78188
to pay final payroll expenses occurring after the closure of the	78189
Commission on Dispute Resolution and Conflict Management, the	78190
School Employees Health Care Board, the Legal Rights Service, and	78191
the Workers' Compensation Council in the event that appropriations	78192
or cash in the closing agency are insufficient to do so.	78193

The Director of Budget and Management may request Controlling	78194
Board approval for funds to be transferred to appropriation item	78195
042409, Commission Closures, from appropriation item 911614, CB	78196
Emergency Purposes, for anticipated expenses associated with	78197
agency closures.	78198

LIQUOR ENTERPRISE TRANSACTION

78199

The foregoing appropriation item 042423, Liquor Enterprise	78200
Transaction, shall be used by the Director of Budget and	78201
Management, without need for any other approval, to retain or	78202
contract for the services of commercial appraisers, underwriters,	78203
investment bankers, and financial advisers, as are necessary in	78204
the Director's judgment to commence negotiation of the transfer	78205
agreement referred to in sections 4313.01 and 4313.02 of the	78206
Revised Code, as enacted by ~~this act~~Am. Sub. H.B. 153 of the	78207
129th General Assembly. Any amounts expended from appropriation	78208
item 042423 shall be reimbursed from the proceeds of the	78209
enterprise acquisition project transaction authorized in those	78210
sections.	78211

The Director of Budget and Management, in consultation with	78212
the Director of Commerce, may negotiate an initial agreement with	78213
JobsOhio, which shall be executed by the Directors of Budget and	78214
Management and Commerce upon its completion.	78215

AUDIT COSTS AND DUES

78216

All centralized audit costs associated with either Single	78217
Audit Schedules or financial statements prepared in conformance	78218
with generally accepted accounting principles for the state shall	78219
be paid from the foregoing appropriation item 042603, State	78220
Accounting and Budgeting.	78221

Costs associated with the audit of the Auditor of State and	78222
national association dues shall be paid from the foregoing	78223
appropriation item 042321, Budget Development and Implementation.	78224

SHARED SERVICES CENTER

78225

The Director of Budget and Management shall use the OAKS	78226
Project Implementation Fund (Fund 5N40) and the Accounting and	78227
Budgeting Fund (Fund 1050) to support a Shared Services Center	78228
within the Office of Budget and Management for the purpose of	78229
consolidating statewide business functions and common	78230
transactional processes.	78231

The Director of Budget and Management shall include the	78232
recovery of costs to operate the Shared Services Center in the	78233
accounting and budgeting services payroll rate and through a	78234
direct charge using intrastate transfer vouchers to agencies for	78235
services rendered. The Director of Budget and Management shall	78236
determine the cost recovery methodology. Such cost recovery	78237
revenues shall be deposited to the credit of Fund 1050.	78238

INTERNAL CONTROL AND AUDIT OVERSIGHT

78239

The Director of Budget and Management shall include the	78240
recovery of costs to operate the Internal Control and Audit	78241
Oversight Program in the accounting and budgeting services payroll	78242
rate and through a direct charge using intrastate transfer	78243
vouchers to agencies reviewed by the program. The Director of	78244
Budget and Management, with advice from the Internal Audit	78245
Advisory Council, shall determine the cost recovery methodology.	78246
Such cost recovery revenues shall be deposited to the credit of	78247
the Accounting and Budgeting Fund (Fund 1050).	78248

FORGERY RECOVERY

78249

The foregoing appropriation item 042604, Forgery Recovery,	78250
shall be used to reissue warrants that have been certified as	78251
forgeries by the rightful recipient as determined by the Bureau of	78252
Criminal Identification and Investigation and the Treasurer of	78253
State. Upon receipt of funds to cover the reissuance of the	78254
warrant, the Director of Budget and Management shall reissue a	78255
state warrant of the same amount.	78256

GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND

78257

On July 1 of each fiscal year, or as soon as possible	78258
thereafter, the Director of Budget and Management shall transfer	78259
an amount not to exceed $1,100,000 in cash from the General	78260
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).	78261

Sec. 243.10. COM DEPARTMENT OF COMMERCE

78262

General Services Fund Group	78263

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	78264
1630	800637	Information Technology	$	5,999,892	$	6,011,977	78265
5430	800602	Unclaimed Funds-Operating	$	7,836,107	$	7,841,473	78266
5430	800625	Unclaimed Funds-Claims	$	69,700,000	$	~~69,800,000~~ 68,000,000	78267
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	78268
TOTAL GSF General Services Fund							78269
Group			$	90,035,999	$	~~90,153,450~~ 88,353,450	78270

Federal Special Revenue Fund Group	78271

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	78272
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	78273
TOTAL FED Federal Special Revenue							78274
Fund Group			$	2,685,729	$	2,685,729	78275

State Special Revenue Fund Group	78276

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	78277
4H90	800608	Cemeteries	$	268,067	$	268,293	78278
4X20	800619	Financial Institutions	$	2,186,271	$	~~1,990,693~~ 1,970,786	78279
5440	800612	Banks	$	7,242,364	$	~~6,942,336~~ 6,872,913	78280
5450	800613	Savings Institutions	$	2,257,220	$	2,259,536	78281
5460	800610	Fire Marshal	$	15,400,000	$	~~15,501,562~~ 15,484,574	78282
5460	800639	Fire Department Grants	$	1,698,802	$	1,698,802	78283
5470	800603	Real Estate Education/Research	$	125,000	$	~~125,000~~ 80,655	78284
5480	800611	Real Estate Recovery	$	25,000	$	25,000	78285
5490	800614	Real Estate	$	3,413,708	$	3,332,308	78286
5500	800617	Securities	$	4,312,434	$	~~4,314,613~~ 4,271,467	78287
5520	800604	Credit Union	$	3,450,390	$	~~3,450,390~~ 3,415,886	78288
5530	800607	Consumer Finance	$	3,613,016	$	~~3,516,861~~ 3,481,692	78289
5560	800615	Industrial Compliance	$	27,639,372	$	~~27,664,695~~ 27,388,048	78290
5FW0	800616	Financial Literacy Education	$	240,000	$	~~240,000~~ 200,000	78291
5GK0	800609	Securities Investor Education/Enforcement	$	1,135,000	$	~~485,000~~ 480,150	78292
5HV0	800641	Cigarette Enforcement	$	120,000	$	~~120,000~~ 118,800	78293
5LN0	800645	Liquor Operating Services	$	0	$	5,500,000	78294
5LP0	800646	Liquor Regulatory Operating Expense	$	0	$	8,500,000	78295
5X60	800623	Video Service	$	340,299	$	~~340,630~~ 337,224	78296
6530	800629	UST Registration/Permit Fee	$	1,854,675	$	~~1,509,653~~ 1,494,556	78297
6A40	800630	Real Estate Appraiser-Operating	$	699,565	$	648,890	78298
TOTAL SSR State Special Revenue							78299
Fund Group			$	76,056,183	$	~~74,469,262~~ 87,864,580	78300

Liquor Control Fund Group	78301

7043	800601	Merchandising	$	472,209,274	$	0	78302
7043	800627	Liquor Control Operating	$	13,398,274	$	~~10,110,479~~ 1,509,374	78303
7043	800633	Development Assistance Debt Service	$	51,973,200	$	0	78304
7043	800636	Revitalization Debt Service	$	21,129,800	$	0	78305
TOTAL LCF Liquor Control							78306
Fund Group			$	558,710,548	$	~~10,110,479~~ 1,509,374	78307
TOTAL ALL BUDGET FUND GROUPS			$	727,488,459	$	~~177,418,920~~ 180,413,133	78308

SMALL GOVERNMENT FIRE DEPARTMENTS

78309

Notwithstanding section 3737.17 of the Revised Code, the	78310
foregoing appropriation item 800635, Small Government Fire	78311
Departments, may be used to provide loans to private fire	78312
departments.	78313

UNCLAIMED FUNDS PAYMENTS

78314

The foregoing appropriation item 800625, Unclaimed	78315
Funds-Claims, shall be used to pay claims under section 169.08 of	78316
the Revised Code. If it is determined that additional amounts are	78317
necessary, the amounts are appropriated.	78318

UNCLAIMED FUNDS TRANSFERS

78319

Notwithstanding division (A) of section 169.05 of the Revised	78320
Code, during the FY 2012-FY 2013 biennium, the Director of Budget	78321
and Management shall request the Director of Commerce to transfer	78322
to the General Revenue Fund up to $215,000,000 of unclaimed funds	78323
that have been reported by holders of unclaimed funds under	78324
section 169.05 of the Revised Code, irrespective of the allocation	78325
of the unclaimed funds under that section. The Director of	78326
Commerce shall transfer the funds at the times requested by the	78327
Director of Budget and Management.	78328

FIRE DEPARTMENT GRANTS

78329

Of the foregoing appropriation item 800639, Fire Department	78330
Grants, up to $1,647,140 in each fiscal year shall be used to make	78331
annual grants to the following eligible recipients: volunteer fire	78332
departments, fire departments that serve one or more small	78333
municipalities or small townships, joint fire districts comprised	78334
of fire departments that primarily serve small municipalities or	78335
small townships, local units of government responsible for such	78336
fire departments, and local units of government responsible for	78337
the provision of fire protection services for small municipalities	78338
or small townships. For the purposes of these grants, a private	78339
fire company, as that phrase is defined in section 9.60 of the	78340
Revised Code, that is providing fire protection services under a	78341
contract to a political subdivision of the state, is an additional	78342
eligible recipient for a training grant.	78343

Eligible recipients that consist of small municipalities or	78344
small townships that all intend to contract with the same fire	78345
department or private fire company for fire protection services	78346
may jointly apply and be considered for a grant. If a joint	78347
applicant is awarded a grant, the State Fire Marshal shall, if	78348
feasible, proportionately award the grant and any equipment	78349
purchased with grant funds to each of the joint applicants based	78350
upon each applicant's contribution to and demonstrated need for	78351
fire protection services.	78352

If the grant awarded to joint applicants is an equipment	78353
grant and the equipment to be purchased cannot be readily	78354
distributed or possessed by multiple recipients, each of the joint	78355
applicants shall be awarded by the State Fire Marshal an ownership	78356
interest in the equipment so purchased in proportion to each	78357
applicant's contribution to and demonstrated need for fire	78358
protection services. The joint applicants shall then mutually	78359
agree on how the equipment is to be maintained, operated, stored,	78360
or disposed of. If, for any reason, the joint applicants cannot	78361
agree as to how jointly owned equipment is to be maintained,	78362
operated, stored, or disposed of or any of the joint applicants no	78363
longer maintain a contract with the same fire protection service	78364
provider as the other applicants, then the joint applicants shall,	78365
with the assistance of the State Fire Marshal, mutually agree as	78366
to how the jointly owned equipment is to be maintained, operated,	78367
stored, disposed of, or owned. If the joint applicants cannot	78368
agree how the grant equipment is to be maintained, operated,	78369
stored, disposed of, or owned, the State Fire Marshal may, in its	78370
discretion, require all of the equipment acquired by the joint	78371
applicants with grant funds to be returned to the State Fire	78372
Marshal. The State Fire Marshal may then award the returned	78373
equipment to any eligible recipients.	78374

The grants shall be used by recipients to purchase	78375
firefighting or rescue equipment or gear or similar items, to	78376
provide full or partial reimbursement for the documented costs of	78377
firefighter training, or, at the discretion of the State Fire	78378
Marshal, to cover fire department costs for providing fire	78379
protection services in that grant recipient's jurisdiction.	78380

Grant awards for firefighting or rescue equipment or gear or	78381
for fire department costs of providing fire protection services	78382
shall be up to $15,000 per fiscal year, or up to $25,000 per	78383
fiscal year if an eligible entity serves a jurisdiction in which	78384
the Governor declared a natural disaster during the preceding or	78385
current fiscal year in which the grant was awarded. In addition to	78386
any grant funds awarded for rescue equipment or gear, or for fire	78387
department costs associated with the provision of fire protection	78388
services, an eligible entity may receive a grant for up to $15,000	78389
per fiscal year for full or partial reimbursement of the	78390
documented costs of firefighter training. For each fiscal year,	78391
the State Fire Marshal shall determine the total amounts to be	78392
allocated for each eligible purpose.	78393

The grant program shall be administered by the State Fire	78394
Marshal in accordance with rules the State Fire Marshal adopts as	78395
part of the state fire code adopted pursuant to section 3737.82 of	78396
the Revised Code that are necessary for the administration and	78397
operation of the grant program. The rules may further define the	78398
entities eligible to receive grants and establish criteria for the	78399
awarding and expenditure of grant funds, including methods the	78400
State Fire Marshal may use to verify the proper use of grant funds	78401
or to obtain reimbursement for or the return of equipment for	78402
improperly used grant funds. Any amounts in appropriation item	78403
800639, Fire Department Grants, in excess of the amount allocated	78404
for these grants may be used for the administration of the grant	78405
program.	78406

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	78407
EDUCATION AND ENFORCEMENT EXPENSE FUND	78408

The Director of Budget and Management, upon the request of	78409
the Director of Commerce, shall transfer up to $485,000 in cash in	78410
each fiscal year from the Division of Securities Fund (Fund 5500)	78411
to the Division of Securities Investor Education and Enforcement	78412
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	78413
Code.	78414

CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND

78415

The Director of Budget and Management, upon the request of	78416
the Director of Commerce, shall transfer up to $340,000 in cash in	78417
each fiscal year from the Division of Administration Fund (Fund	78418
1630) to the Video Service Authorization Fund (Fund 5X60).	78419

INCREASED APPROPRIATION - MERCHANDISING

78420

The foregoing appropriation item 800601, Merchandising, shall	78421
be used under section 4301.12 of the Revised Code. If it is	78422
determined that additional expenditures are necessary, the amounts	78423
are hereby appropriated.	78424

DEVELOPMENT ASSISTANCE DEBT SERVICE

78425

The foregoing appropriation item 800633, Development	78426
Assistance Debt Service, shall be used to pay debt service and	78427
related financing costs at the times they are required to be made	78428
during the period from July 1, 2011, to June 30, 2012, for bond	78429
service charges on obligations issued under Chapter 166. of the	78430
Revised Code. If it is determined that additional appropriations	78431
are necessary for this purpose, such amounts are appropriated,	78432
subject to the limitations set forth in section 166.11 of the	78433
Revised Code. An appropriation for this purpose is not required,	78434
but is made in this form and in ~~this act~~Am. Sub. H.B. 153 of the	78435
129th General Assembly for record purposes only.	78436

REVITALIZATION DEBT SERVICE

78437

The foregoing appropriation item 800636, Revitalization Debt	78438
Service, shall be used to pay debt service and related financing	78439
costs at the times they are required to be made pursuant to	78440
sections 151.01 and 151.40 of the Revised Code during the period	78441
from July 1, 2011, to June 30, 2012. If it is determined that	78442
additional appropriations are necessary for this purpose, such	78443
amounts are hereby appropriated. The General Assembly acknowledges	78444
the priority of the pledge of a portion of receipts from that	78445
source to obligations issued and to be issued under Chapter 166.	78446
of the Revised Code.	78447

LIQUOR CONTROL FUND TRANSFER

78448

On January 1, 2012, or as soon as possible thereafter, the	78449
Director of Budget and Management may transfer up to $10,600,000	78450
in cash from the General Revenue Fund to the Liquor Control Fund	78451
(Fund 7043) for the liquor permitting and compliance functions of	78452
the Division of Liquor Control in the Department of Commerce and	78453
for the operations of the Liquor Control Commission and the	78454
Department of Public Safety pursuant to Chapter 4301. of the	78455
Revised Code.	78456

On July 1, 2012, or as soon as possible thereafter, the	78457
Director of Budget and Management may transfer up to $21,800,000	78458
in cash from the General Revenue Fund to the Liquor Control Fund	78459
(Fund 7043) for the liquor permitting and compliance functions of	78460
the Division of Liquor Control in the Department of Commerce and	78461
for the operations of the Liquor Control Commission and the	78462
Department of Public Safety pursuant to Chapter 4301. of the	78463
Revised Code.	78464

On July 1, 2012, or as soon as possible thereafter, the	78465
Director of Budget and Management shall transfer $500,000 in cash	78466
from the Liquor Control Fund (Fund 7043) to the State Liquor	78467
Regulatory Fund (Fund 5LP0) created in section 4301.30 of the	78468
Revised Code.	78469

ADMINISTRATIVE ASSESSMENTS

78470

Notwithstanding any other provision of law to the contrary,	78471
the Division of Administration Fund (Fund 1630) is entitled to	78472
receive assessments from all operating funds of the Department in	78473
accordance with procedures prescribed by the Director of Commerce	78474
and approved by the Director of Budget and Management.	78475

Sec. 247.10. CEB CONTROLLING BOARD

78476

General Revenue Fund	78477

GRF	911404	Mandate Assistance	$	2,750,000	$	0	78478
GRF	911441	Ballot Advertising Costs	$	475,000	$	475,000	78479
TOTAL GRF General Revenue Fund			$	3,225,000	$	475,000	78480

General Services Fund Group	78481

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	78482
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	78483
TOTAL ALL BUDGET FUND GROUPS			$	13,225,000	$	10,475,000	78484

FEDERAL SHARE

78485

In transferring appropriations to or from appropriation items	78486
that have federal shares identified in this act, the Controlling	78487
Board shall add or subtract corresponding amounts of federal	78488
matching funds at the percentages indicated by the state and	78489
federal division of the appropriations in this act. Such changes	78490
are hereby appropriated.	78491

REDISTRICTING IMPLEMENTATION

78492

The foregoing appropriation item 911404, Mandate Assistance,	78493
shall be used in a method prescribed by the Secretary of State and	78494
transferred by the Director of Budget and Management to implement	78495
this act, which includes remapping and reprecincting counties, and	78496
reprogramming database systems and voting machines. At the end of	78497
fiscal year 2012, an amount equal to the unexpended, unencumbered	78498
portion of appropriation item 911404, Mandate Assistance, is	78499
hereby reappropriated in fiscal year 2013 for the same purpose.	78500

DISASTER SERVICES

78501

Pursuant to requests submitted by the Department of Public	78502
Safety, the Controlling Board may approve transfers from the	78503
Disaster Services Fund (5E20) to a fund and appropriation item	78504
used by the Department of Public Safety to provide for assistance	78505
to political subdivisions made necessary by natural disasters or	78506
emergencies. These transfers may be requested and approved prior	78507
to the occurrence of any specific natural disasters or emergencies	78508
in order to facilitate the provision of timely assistance. The	78509
Emergency Management Agency of the Department of Public Safety	78510
shall use the funding to fund the State Disaster Relief Program	78511
for disasters that have been declared by the Governor, and the	78512
State Individual Assistance Program for disasters that have been	78513
declared by the Governor and the federal Small Business	78514
Administration. The Ohio Emergency Management Agency shall publish	78515
and make available application packets outlining procedures for	78516
the State Disaster Relief Program and the State Individual	78517
Assistance Program.	78518

Fund 5E20 shall be used by the Controlling Board, pursuant to	78519
requests submitted by state agencies, to transfer cash and	78520
appropriations to any fund and appropriation item for the payment	78521
of state agency disaster relief program expenses for disasters	78522
declared by the Governor, if the Director of Budget and Management	78523
determines that sufficient funds exist.	78524

Upon the request of the Department of Public Safety, the	78525
Controlling Board may release up to $3,000,000 for Blanchard River	78526
flood mitigation projects.	78527

BALLOT ADVERTISING COSTS

78528

Pursuant to section 3501.17 of the Revised Code, and upon	78529
requests submitted by the Secretary of State, the Controlling	78530
Board shall approve transfers from the foregoing appropriation	78531
item 911441, Ballot Advertising Costs, to appropriation item	78532
050621, Statewide Ballot Advertising, in order to pay for the cost	78533
of public notices associated with statewide ballot initiatives.	78534

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	78535
ELIGIBILITY	78536

A state agency director shall request that the Controlling	78537
Board increase the amount of the agency's capital appropriations	78538
if the director determines such an increase is necessary for the	78539
agency to receive and use funds under the federal American	78540
Recovery and Reinvestment Act of 2009. The Controlling Board may	78541
increase the capital appropriations pursuant to the request up to	78542
the exact amount necessary under the federal act if the Board	78543
determines it is necessary for the agency to receive and use those	78544
federal funds.	78545

Sec. 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

78546

General Revenue Fund	78547

GRF	320321	Central Administration	$	4,422,794	$	4,422,794	78548
GRF	320412	Protective Services	$	2,174,826	$	1,957,343	78549
GRF	320415	Lease-Rental Payments	$	18,394,250	$	~~19,907,900~~ 17,907,900	78550
GRF	322407	Medicaid State Match	$	218,034,162	$	214,902,506	78551
GRF	322420	Screening and Early Intervention	$	0	$	300,000	78552
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	78553
GRF	322501	County Boards Subsidies	$	40,906,365	$	44,449,280	78554
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	78555
TOTAL GRF General Revenue Fund			$	303,865,155	$	~~305,572,581~~ 303,872,581	78556

General Services Fund Group	78557

1520	323609		Developmental Center and Residential Operating Services		$	3,414,317		$	3,414,317		78558
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		78559

Federal Special Revenue Fund Group	78560

3A50	320613	DD Council	$	3,341,572	$	3,341,572	78561
3250	322612	Community Social Service Programs	$	11,017,754	$	10,604,896	78562
3DZ0	322648	Enhanced Medicaid - Federal	$	10,000,000	$	0	78563
3G60	322639	Medicaid Waiver - Federal	$	866,566,007	$	985,566,007	78564
3M70	322650	CAFS Medicaid	$	29,349,502	$	~~29,349,502~~ 3,000,000	78565
3A40	323605	Developmental Center and Residential Facility Services and Support	$	180,266,029	$	~~179,384,881~~ 174,000,000	78566
TOTAL FED Federal Special Revenue Fund Group			$	1,100,540,864	$	~~1,208,246,858~~ 1,176,512,475	78567

State Special Revenue Fund Group	78568

5GE0	320606	Operating and Services	$	7,406,609	$	7,407,297	78569
2210	322620	Supplement Service Trust	$	150,000	$	150,000	78570
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	78571
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	78572
5DJ0	322625	Targeted Case Management Match	$	21,000,000	$	24,000,000	78573
5DJ0	322626	Targeted Case Management Services	$	57,307,357	$	66,000,000	78574
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	78575
5EV0	322627	Program Fees	$	685,000	$	685,000	78576
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	78577
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	78578
5Z10	322624	County Board Waiver Match	$	235,000,000	$	290,000,000	78579
4890	323632	Developmental Center Direct Care Support	$	16,497,170	$	16,497,169	78580
5S20	590622	Medicaid Administration & Oversight	$	20,875,567	$	21,727,540	78581
TOTAL SSR State Special Revenue Fund Group			$	372,876,703	$	440,422,006	78582
TOTAL ALL BUDGET FUND GROUPS			$	1,780,697,039	$	~~1,957,655,762~~ 1,924,221,379	78583

Sec. 263.10.30. ~~FAMILY~~SCREENING AND EARLY INTERVENTION

78585

The foregoing appropriation item 322420, Screening and Early	78586
Intervention, shall be used for screening and early intervention	78587
programs for children with autism selected by the Director.	78588

FAMILY SUPPORT SERVICES SUBSIDY

78589

(A) The foregoing appropriation item 322451, Family Support	78590
Services, may be used as follows in fiscal year 2012 and fiscal	78591
year 2013:	78592

(1) The appropriation item may be used to provide a subsidy	78593
to county boards of developmental disabilities for family support	78594
services provided under section 5126.11 of the Revised Code. The	78595
subsidy shall be paid in quarterly installments and allocated to	78596
county boards according to a formula the Director of Developmental	78597
Disabilities shall develop in consultation with representatives of	78598
county boards. A county board shall use not more than seven per	78599
cent of its subsidy for administrative costs.	78600

(2) The appropriation item may be used to distribute funds to	78601
county boards for the purpose of addressing economic hardships and	78602
to promote efficiency of operations. In consultation with	78603
representatives of county boards, the Director shall determine the	78604
amount of funds to distribute for these purposes and the criteria	78605
for distributing the funds.	78606

(B) Each county board shall submit reports to the Department	78607
of Developmental Disabilities on the use of funds received under	78608
this section. The reports shall be submitted at the times and in	78609
the manner specified in rules the Director shall adopt in	78610
accordance with Chapter 119. of the Revised Code.	78611

Sec. 263.10.90. TARGETED CASE MANAGEMENT SERVICES

78612

County boards of developmental disabilities shall pay the	78613
nonfederal portion of targeted case management costs to the	78614
Department of Developmental Disabilities.	78615

The Directors of Developmental Disabilities and Job and	78616
Family Services may enter into an interagency agreement under	78617
which the Department of Developmental Disabilities shall transfer	78618
cash from the Targeted Case Management Fund (Fund 5DJ0) to the	78619
~~Medicaid Program Support - State~~Health Care/Medicaid Support and	78620
Recoveries Fund (Fund ~~5C90~~5DL0) used by the Department of Job and	78621
Family Services in an amount equal to the nonfederal portion of	78622
the cost of targeted case management services paid by county	78623
boards, and the Department of Job and Family Services shall pay	78624
the total cost of targeted case management claims. The transfer	78625
shall be made using an intrastate transfer voucher.	78626

Sec. 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	78627
PHARMACY PROGRAMS	78628

The Director of Developmental Disabilities shall quarterly	78629
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	78630
~~Medicaid Program Support - State~~Health Care/Medicaid Support and	78631
Recoveries Fund (Fund ~~5C90~~5DL0) used by the Department of Job and	78632
Family Services, in an amount equal to the nonfederal share of	78633
Medicaid prescription drug claim costs for all developmental	78634
centers paid by the Department of Job and Family Services. The	78635
quarterly transfer shall be made using an intrastate transfer	78636
voucher.	78637

Sec. 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS SERVING	78638
FORMER RESIDENTS OF DEVELOPMENTAL CENTERS OR RESIDENTS OF	78639
CONVERTED FACILITIES	78640

~~Subject~~(A) As used in this section, "converted facility"	78641
means an intermediate care facility for the mentally retarded as	78642
defined in section 5111.20 of the Revised Code, or former	78643
intermediate care facility for the mentally retarded, that	78644
converted some or all of its beds to providing home and	78645
community-based services under the Individual Options Waiver	78646
pursuant to section 5111.874 of the Revised Code.	78647

(B) Subject to approval by the Centers for Medicare and	78648
Medicaid Services, the Department of Job and Family Services shall	78649
increase the rate paid to a provider under the Individual Options	78650
Waiver by fifty-two cents for each fifteen minutes of routine	78651
homemaker/personal care provided to an individual for up to a year	78652
if all of the following apply:	78653

~~(A)~~(1) The individual was a resident of a developmental	78654
center or converted facility immediately prior to enrollment in	78655
the waiver;	78656

~~(B)~~(2) The provider begins serving the individual on or after	78657
July 1, 2011;	78658

~~(C)~~(3) The Director of Developmental Disabilities determines	78659
that the increased rate is warranted by the individual's special	78660
circumstances, including the individual's diagnosis, service	78661
needs, or length of stay at the developmental center or converted	78662
facility, and that serving the individual through the Individual	78663
Options Waiver is fiscally prudent for the Medicaid program.	78664

Sec. 267.10. EDU DEPARTMENT OF EDUCATION

78665

General Revenue Fund	78666

GRF	200100	Personal Services	$	8,579,178	$	~~8,579,178~~ 0	78667
GRF	200320	Maintenance and Equipment	$	2,830,407	$	~~2,830,407~~ 0	78668
GRF	200321	Operating Expenses	$	0	$	13,142,780	78669
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	78670
GRF	200416	Career-Technical Education Match	$	2,233,195	$	~~2,233,195~~ 0	78671
GRF	200420	~~Computer/Application/ Network~~ Information Technology Development and Support	$	4,241,296	$	4,241,296	78672
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	78673
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	78674
GRF	200424	Policy Analysis	$	328,558	$	328,558	78675
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	78676
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	78677
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	78678
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	78679
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	78680
GRF	200442	Child Care Licensing	$	827,140	$	827,140	78681
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	78682
GRF	200447	GED Testing	$	879,551	$	879,551	78683
GRF	200448	Educator Preparation	$	786,737	$	786,737	78684
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	78685
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	78686
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	78687
GRF	200511	Auxiliary Services	$	124,194,099	$	126,194,099	78688
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	56,164,384	$	57,006,850	78689
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	78690
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	78691
GRF	200550	Foundation Funding	$	5,536,347,861	$	5,610,290,686	78692
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	78693
TOTAL GRF General Revenue Fund			$	7,539,595,467	$	~~7,628,256,477~~ 7,627,756,477	78694

General Services Fund Group	78695

1380	200606	~~Computer Services-Operational~~ Information Technology Development and Support	$	7,600,090	$	~~7,600,090~~ 6,100,090	78696
4520	200638	~~Miscellaneous Educational Services~~ Fees and Refunds	$	300,000	$	300,000	78697
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	78698
5960	200656	Ohio Career Information System	$	529,761	$	529,761	78699
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	78700
TOTAL GSF General Services							78701
Fund Group			$	41,577,607	$	~~41,577,607~~ 40,077,607	78702

Federal Special Revenue Fund Group	78703

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	78704
3670	200607	School Food Services	$	6,803,472	$	6,959,906	78705
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	78706
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	78707
3780	200660	Learn and Serve	$	619,211	$	619,211	78708
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	78709
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	78710
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	78711
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	78712
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	78713
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	78714
3D10	200664	Drug Free Schools	$	1,500,000	$	0	78715
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	78716
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	78717
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	78718
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	78719
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	78720
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	78721
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	78722
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	78723
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	78724
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	78725
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	78726
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	78727
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	78728
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	78729
3FE0	200669	Striving Readers	$	180,000	$	100,000	78730
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	78731
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	78732
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	78733
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	78734
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	78735
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	78736
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	78737
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	78738
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	78739
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	78740
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	78741
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	78742
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	78743
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	78744
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	~~8,949,280~~ 7,949,280	78745
TOTAL FED Federal Special							78746
Revenue Fund Group			$	2,310,389,566	$	~~2,011,315,739~~ 2,010,315,739	78747

State Special Revenue Fund Group	78748

4540	200610	~~Guidance and~~ GED Testing	$	1,050,000	$	1,050,000	78749
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	78750
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	78751
4V70	200633	Interagency ~~Operational~~ Program Support	$	1,117,725	$	~~1,117,725~~ 717,725	78752
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	78753
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	78754
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	78755
5U20	200685	National Education Statistics	$	300,000	$	300,000	78756
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	78757
TOTAL SSR State Special Revenue							78758
Fund Group			$	54,827,935	$	~~55,396,635~~ 54,996,635	78759

Lottery Profits Education Fund Group	78760

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	78761
TOTAL LPE Lottery Profits							78762
Education Fund Group			$	717,500,000	$	680,500,000	78763

Revenue Distribution Fund Group	78764

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	78765
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	78766
TOTAL RDF Revenue Distribution							78767
Fund Group			$	756,000,000	$	505,000,000	78768
TOTAL ALL BUDGET FUND GROUPS			$	11,419,890,575	$	~~10,922,046,458~~ 10,918,646,458	78769

Sec. 267.10.10. OPERATING EXPENSES

78771

The foregoing appropriation item 200321, Operating Expenses,	78772
shall be used to support the same activities as are supported	78773
prior to July 1, 2012, by appropriation items 200100, Personal	78774
Services, and 200320, Maintenance and Equipment. A portion of this	78775
appropriation item also shall be used by the Department of	78776
Education to provide matching funds under 20 U.S.C. 2321, which	78777
are provided by appropriation item 200416, Career-Technical	78778
Education Match, prior to July 1, 2012.	78779

On July 1, 2012, or as soon as possible thereafter, the	78780
Director of Budget and Management shall cancel any existing	78781
encumbrances against appropriation items 200100, Personal	78782
Services, 200320, Maintenance and Equipment, and 200416,	78783
Career-Technical Education Match, and reestablish them against	78784
appropriation item 200321, Operating Expenses. The reestablished	78785
encumbrance amounts are hereby appropriated.	78786

EARLY CHILDHOOD EDUCATION

78787

The Department of Education shall distribute the foregoing	78788
appropriation item 200408, Early Childhood Education, to pay the	78789
costs of early childhood education programs.	78790

(A) As used in this section:

78791

(1) "Provider" means a city, local, exempted village, or	78792
joint vocational school district, or an educational service	78793
center.	78794

(2) In the case of a city, local, or exempted village school	78795
district, "new eligible provider" means a district that did not	78796
receive state funding for Early Childhood Education in the	78797
previous fiscal year or demonstrates a need for early childhood	78798
programs as defined in division (D) of this section.	78799

(3) "Eligible child" means a child who is at least three	78800
years of age as of the district entry date for kindergarten, is	78801
not of the age to be eligible for kindergarten, and whose family	78802
earns not more than two hundred per cent of the federal poverty	78803
guidelines as defined in division (A)(3) of section 5101.46 of the	78804
Revised Code. Children with an Individualized Education Program	78805
and where the Early Childhood Education program is the least	78806
restrictive environment may be enrolled on their third birthday.	78807

(B) In each fiscal year, up to two per cent of the total	78808
appropriation may be used by the Department for program support	78809
and technical assistance. The Department shall distribute the	78810
remainder of the appropriation in each fiscal year to serve	78811
eligible children.	78812

(C) The Department shall provide an annual report to the	78813
Governor, the Speaker of the House of Representatives, and the	78814
President of the Senate and post the report to the Department's	78815
web site, regarding early childhood education programs operated	78816
under this section and the early learning program guidelines.	78817

(D) After setting aside the amounts to make payments due from	78818
the previous fiscal year, in fiscal year 2012, the Department	78819
shall distribute funds first to recipients of funds for early	78820
childhood education programs under Section 265.10.20 of Am. Sub.	78821
H.B. 1 of the 128th General Assembly in the previous fiscal year	78822
and the balance to new eligible providers of early childhood	78823
education programs under this section or to existing providers to	78824
serve more eligible children or for purposes of program expansion,	78825
improvement, or special projects to promote quality and	78826
innovation.	78827

After setting aside the amounts to make payments due from the	78828
previous fiscal year, in fiscal year 2013, the Department shall	78829
distribute funds first to providers of early childhood education	78830
programs under this section in the previous fiscal year and the	78831
balance to new eligible providers or to existing providers to	78832
serve more eligible children or for purposes of program expansion,	78833
improvement, or special projects to promote quality and	78834
innovation.	78835

Awards under this section shall be distributed on a per-pupil	78836
basis, and in accordance with division (H) of this section. The	78837
Department may adjust the per-pupil amount so that the per-pupil	78838
amount multiplied by the number of eligible children enrolled and	78839
receiving services on the first day of December or the business	78840
day closest to that date equals the amount allocated under this	78841
section.	78842

(E) Costs for developing and administering an early childhood	78843
education program may not exceed fifteen per cent of the total	78844
approved costs of the program.	78845

All providers shall maintain such fiscal control and	78846
accounting procedures as may be necessary to ensure the	78847
disbursement of, and accounting for, these funds. The control of	78848
funds provided in this program, and title to property obtained,	78849
shall be under the authority of the approved provider for purposes	78850
provided in the program unless, as described in division (J) of	78851
this section, the program waives its right for funding or a	78852
program's funding is eliminated or reduced due to its inability to	78853
meet financial or early learning program guidelines. The approved	78854
provider shall administer and use such property and funds for the	78855
purposes specified.	78856

(F) The Department may examine a provider's financial and	78857
program records. If the financial practices of the program are not	78858
in accordance with standard accounting principles or do not meet	78859
financial standards outlined under division (E) of this section,	78860
or if the program fails to substantially meet the early learning	78861
program guidelines, meet a quality rating level in the tiered	78862
quality rating and improvement system developed under section	78863
5104.30 of the Revised Code as prescribed by the Department, or	78864
exhibits below average performance as measured against the	78865
guidelines, the early childhood education program shall propose	78866
and implement a corrective action plan that has been approved by	78867
the Department. The approved corrective action plan shall be	78868
signed by the chief executive officer and the executive of the	78869
official governing body of the provider. The corrective action	78870
plan shall include a schedule for monitoring by the Department.	78871
Such monitoring may include monthly reports, inspections, a	78872
timeline for correction of deficiencies, and technical assistance	78873
to be provided by the Department or obtained by the early	78874
childhood education program. The Department may withhold funding	78875
pending corrective action. If an early childhood education program	78876
fails to satisfactorily complete a corrective action plan, the	78877
Department may deny expansion funding to the program or withdraw	78878
all or part of the funding to the program and establish a new	78879
eligible provider through a selection process established by the	78880
Department.	78881

(G) Each early childhood education program shall do all of	78882
the following:	78883

(1) Meet teacher qualification requirements prescribed by	78884
section 3301.311 of the Revised Code;	78885

(2) Align curriculum to the early learning content standards	78886
developed by the Department;	78887

(3) Meet any child or program assessment requirements	78888
prescribed by the Department;	78889

(4) Require teachers, except teachers enrolled and working to	78890
obtain a degree pursuant to section 3301.311 of the Revised Code,	78891
to attend a minimum of twenty hours every two years of	78892
professional development as prescribed by the Department;	78893

(5) Document and report child progress as prescribed by the	78894
Department;	78895

(6) Meet and report compliance with the early learning	78896
program guidelines as prescribed by the Department;	78897

(7) Participate in the tiered quality rating and improvement	78898
system developed under section 5104.30 of the Revised Code.	78899
Effective July 1, 2016, all programs shall be rated through the	78900
system.	78901

(H) Per-pupil funding for programs subject to this section	78902
shall be sufficient to provide eligible children with services for	78903
a standard early childhood schedule which shall be defined in this	78904
section as a minimum of twelve and one-half hours per school week	78905
as defined in section 3313.62 of the Revised Code for the minimum	78906
school year as defined in sections 3313.48, 3313.481, and 3313.482	78907
of the Revised Code. Nothing in this section shall be construed to	78908
prohibit program providers from utilizing other funds to serve	78909
eligible children in programs that exceed the twelve and one-half	78910
hours per week or that exceed the minimum school year. For any	78911
provider for which a standard early childhood education schedule	78912
creates a hardship or for which the provider shows evidence that	78913
the provider is working in collaboration with a preschool special	78914
education program, the provider may submit a waiver to the	78915
Department requesting an alternate schedule. If the Department	78916
approves a waiver for an alternate schedule that provides services	78917
for less time than the standard early childhood education	78918
schedule, the Department may reduce the provider's annual	78919
allocation proportionately. Under no circumstances shall an annual	78920
allocation be increased because of the approval of an alternate	78921
schedule.	78922

(I) Each provider shall develop a sliding fee scale based on	78923
family incomes and shall charge families who earn more than two	78924
hundred per cent of the federal poverty guidelines, as defined in	78925
division (A)(3) of section 5101.46 of the Revised Code, for the	78926
early childhood education program.	78927

The Department shall conduct an annual survey of each	78928
provider to determine whether the provider charges families	78929
tuition or fees, the amount families are charged relative to	78930
family income levels, and the number of families and students	78931
charged tuition and fees for the early childhood program.	78932

(J) If an early childhood education program voluntarily	78933
waives its right for funding, or has its funding eliminated for	78934
not meeting financial standards or the early learning program	78935
guidelines, the provider shall transfer control of title to	78936
property, equipment, and remaining supplies obtained through the	78937
program to providers designated by the Department and return any	78938
unexpended funds to the Department along with any reports	78939
prescribed by the Department. The funding made available from a	78940
program that waives its right for funding or has its funding	78941
eliminated or reduced may be used by the Department for new grant	78942
awards or expansion grants. The Department may award new grants or	78943
expansion grants to eligible providers who apply. The eligible	78944
providers who apply must do so in accordance with the selection	78945
process established by the Department.	78946

(K) As used in this section, "early learning program	78947
guidelines" means the guidelines established by the Department	78948
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	78949
66 of the 126th General Assembly.	78950

(L) Eligible expenditures for the Early Childhood Education	78951
program shall be claimed each fiscal year to help meet the state's	78952
TANF maintenance of effort requirement. The Superintendent of	78953
Public Instruction and the Director of Job and Family Services	78954
shall enter into an interagency agreement to carry out the	78955
requirements under this division, which shall include developing	78956
reporting guidelines for these expenditures.	78957

Sec. 267.10.20. CAREER-TECHNICAL EDUCATION MATCH

78958

~~The~~For fiscal year 2012, the foregoing appropriation item	78959
200416, Career-Technical Education Match, shall be used by the	78960
Department of Education to provide ~~vocational administration~~	78961
matching funds under 20 U.S.C. ~~2311~~2321.	78962

~~The Director of Budget and Management shall transfer any~~	78963
~~remaining appropriation from appropriation item 200416,~~	78964
~~Career-Technical Education Match, to appropriation item 200426,~~	78965
~~Ohio Educational Computer Network, to support the Ohio Educational~~	78966
~~Computer Network.~~	78967

~~COMPUTER/APPLICATION/NETWORK~~INFORMATION TECHNOLOGY	78968
DEVELOPMENT AND SUPPORT	78969

The foregoing appropriation item 200420,	78970
~~Computer/Application/Network~~Information Technology Development	78971
and Support, shall be used to support the development and	78972
implementation of information technology solutions designed to	78973
improve the performance and services of the Department of	78974
Education. Funds may be used for personnel, maintenance, and	78975
equipment costs related to the development and implementation of	78976
these technical system projects. Implementation of these systems	78977
shall allow the Department to provide greater levels of assistance	78978
to school districts and to provide more timely information to the	78979
public, including school districts, administrators, and	78980
legislators. Funds may also be used to support data-driven	78981
decision-making and differentiated instruction, as well as to	78982
communicate academic content standards and curriculum models to	78983
schools through web-based applications.	78984

Sec. 267.10.40. SCHOOL MANAGEMENT ASSISTANCE

78985

Of the foregoing appropriation item 200422, School Management	78986
Assistance, $1,000,000 in each fiscal year ~~2012 and $1,300,000 in~~	78987
~~fiscal year 2013~~ shall be used by the Auditor of State in	78988
consultation with the Department of Education for expenses	78989
incurred in the Auditor of State's role relating to fiscal	78990
caution, fiscal watch, and fiscal emergency activities as defined	78991
in Chapter 3316. of the Revised Code and may also be used by the	78992
Auditor of State to conduct performance audits of other school	78993
districts with priority given to districts in fiscal distress.	78994
Districts in fiscal distress shall be determined by the Auditor of	78995
State and shall include districts that the Auditor of State, in	78996
consultation with the Department of Education, determines are	78997
employing fiscal practices or experiencing budgetary conditions	78998
that could produce a state of fiscal watch or fiscal emergency.	78999

The remainder of appropriation item 200422, School Management	79000
Assistance, shall be used by the Department of Education to	79001
provide fiscal technical assistance and inservice education for	79002
school district management personnel and to administer, monitor,	79003
and implement the fiscal caution, fiscal watch, and fiscal	79004
emergency provisions under Chapter 3316. of the Revised Code.	79005

Sec. 267.30.20. SPECIAL EDUCATION ENHANCEMENTS

79006

Of the foregoing appropriation item 200540, Special Education	79007
Enhancements, up to $2,206,875 in each fiscal year shall be used	79008
for home instruction for children with disabilities.	79009

Of the foregoing appropriation item 200540, Special Education	79010
Enhancements, up to $45,282,959 in each fiscal year shall be used	79011
to fund special education and related services at county boards of	79012
developmental disabilities for eligible students under section	79013
3317.20 of the Revised Code and at institutions for eligible	79014
students under section 3317.201 of the Revised Code.	79015
Notwithstanding the distribution formulas under sections 3317.20	79016
and 3317.201 of the Revised Code, funding for DD boards and	79017
institutions for fiscal year 2012 and fiscal year 2013 shall be	79018
determined by providing the per pupil amount received by each DD	79019
board and institution for the prior fiscal year for each student	79020
served in the current fiscal year.	79021

Of the foregoing appropriation item 200540, Special Education	79022
Enhancements, up to $1,333,468 in each fiscal year shall be used	79023
for parent mentoring programs.	79024

Of the foregoing appropriation item 200540, Special Education	79025
Enhancements, up to $2,537,824 in each fiscal year may be used for	79026
school psychology interns.	79027

The remainder of appropriation item 200540, Special Education	79028
Enhancements, shall be distributed by the Department of Education	79029
to county boards of developmental disabilities, educational	79030
service centers, and school districts for preschool special	79031
education units and preschool supervisory units under section	79032
3317.052 of the Revised Code. To the greatest extent possible, the	79033
Department of Education shall allocate these units to school	79034
districts and educational service centers.	79035

The Department may reimburse county DD boards, educational	79036
service centers, and school districts for services provided by	79037
instructional assistants, related services as defined in rule	79038
3301-51-11 of the Administrative Code, physical therapy services	79039
provided by a licensed physical therapist or physical therapist	79040
assistant under the supervision of a licensed physical therapist	79041
as required under Chapter 4755. of the Revised Code and Chapter	79042
4755-27 of the Administrative Code and occupational therapy	79043
services provided by a licensed occupational therapist or	79044
occupational therapy assistant under the supervision of a licensed	79045
occupational therapist as required under Chapter 4755. of the	79046
Revised Code and Chapter 4755-7 of the Administrative Code.	79047
Nothing in this section authorizes occupational therapy assistants	79048
or physical therapist assistants to generate or manage their own	79049
caseloads.	79050

The Department of Education shall require school districts,	79051
educational service centers, and county DD boards serving	79052
preschool children with disabilities to adhere to Ohio's Early	79053
Learning Program Guidelines, participate in the tiered quality	79054
rating and improvement system developed under section 5104.30 of	79055
the Revised Code, and document child progress using research-based	79056
indicators prescribed by the Department and report results	79057
annually. The reporting dates and method shall be determined by	79058
the Department. Effective July 1, 2018, all programs shall be	79059
rated through the tiered quality rating and improvement system.	79060

Sec. 267.30.40. FOUNDATION FUNDING

79061

Of the foregoing appropriation item 200550, Foundation	79062
Funding, up to $675,000 in each fiscal year shall be used to	79063
support the work of the College of Education and Human Ecology at	79064
the Ohio State University in reviewing and assessing the alignment	79065
of courses offered through the distance learning clearinghouse	79066
established in sections 3333.81 to 3333.88 of the Revised Code	79067
with the academic content standards adopted under division (A) of	79068
section 3301.079 of the Revised Code.	79069

Of the foregoing appropriation item 200550, Foundation	79070
Funding, up to $250,000 in each fiscal year may be used by the	79071
Department to fund a shared services pilot project involving at	79072
least two educational service centers. The pilot project shall	79073
focus on the design, implementation, and evaluation of a shared	79074
service delivery model. The educational service centers	79075
participating in the pilot project shall submit a report not later	79076
than September 1, 2013, to the Governor, members of the General	79077
Assembly, and members of the State Board of Education, reviewing	79078
the opportunities and challenges of implementing shared services	79079
initiatives as well as any real or projected cost efficiencies	79080
achieved through the pilot project.	79081

Of the foregoing appropriation item 200550, Foundation	79082
Funding, up to $50,000 shall be expended in each fiscal year for	79083
court payments under section 2151.362 of the Revised Code.	79084

Of the foregoing appropriation item 200550, Foundation	79085
Funding, up to $8,100,000 in each fiscal year shall be used to	79086
fund gifted education at educational service centers.	79087
Notwithstanding division (D)(5) of section 3317.018 of the Revised	79088
Code, the Department shall distribute the funding through the	79089
unit-based funding methodology in place under division (L) of	79090
section 3317.024, division (E) of section 3317.05, and divisions	79091
(A), (B), and (C) of section 3317.053 of the Revised Code as they	79092
existed prior to fiscal year 2010.	79093

Of the foregoing appropriation item 200550, Foundation	79094
Funding, up to $10,000,000 in each fiscal year shall be used to	79095
provide additional state aid to school districts, joint vocational	79096
school districts, and community schools for special education	79097
students under division (C)(3) of section 3317.022 of the Revised	79098
Code, except that the Controlling Board may increase these amounts	79099
if presented with such a request from the Department of Education	79100
at the final meeting of the fiscal year; and up to $2,000,000 in	79101
each fiscal year shall be reserved for Youth Services tuition	79102
payments under section 3317.024 of the Revised Code.	79103

Of the foregoing appropriation item 200550, Foundation	79104
Funding, up to $41,760,000 in fiscal year 2012 and up to	79105
$35,496,000 in fiscal year 2013 shall be reserved to fund the	79106
state reimbursement of educational service centers under section	79107
3317.11 of the Revised Code and the section of this act entitled	79108
"EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,545,752 in	79109
each fiscal year shall be distributed to educational service	79110
centers for School Improvement Initiatives. Educational service	79111
centers shall be required to support districts in the development	79112
and implementation of their continuous improvement plans as	79113
required in section 3302.04 of the Revised Code and to provide	79114
technical assistance and support in accordance with Title I of the	79115
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.	79116
6317.	79117

Of the foregoing appropriation item 200550, Foundation	79118
Funding, up to $700,000 in each fiscal year shall be used by the	79119
Department of Education for a program to pay for educational	79120
services for youth who have been assigned by a juvenile court or	79121
other authorized agency to any of the facilities described in	79122
division (A) of the section of this act entitled "PRIVATE	79123
TREATMENT FACILITY PROJECT."	79124

Of the foregoing appropriation item 200550, Foundation	79125
Funding, up to $12,522,860 in each fiscal year shall be used to	79126
support ~~the Cleveland~~ school choice ~~program~~programs.	79127

Of the portion of the funds distributed to the Cleveland	79128
Municipal School District under this section, up to $11,901,887 in	79129
each fiscal year shall be used to operate the school choice	79130
program in the Cleveland Municipal School District under sections	79131
3313.974 to 3313.979 of the Revised Code. Notwithstanding	79132
divisions (B) and (C) of section 3313.978 and division (C) of	79133
section 3313.979 of the Revised Code, up to $1,000,000 in each	79134
fiscal year of this amount shall be used by the Cleveland	79135
Municipal School District to provide tutorial assistance as	79136
provided in division (H) of section 3313.974 of the Revised Code.	79137
The Cleveland Municipal School District shall report the use of	79138
these funds in the district's three-year continuous improvement	79139
plan as described in section 3302.04 of the Revised Code in a	79140
manner approved by the Department of Education.	79141

Of the foregoing appropriation item 200550, Foundation	79142
Funding, an amount shall be available in each fiscal year to be	79143
paid to joint vocational school districts in accordance with the	79144
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	79145
DISTRICTS."	79146

Of the foregoing appropriation item 200550, Foundation	79147
Funding, a portion in each fiscal year shall be paid to city,	79148
exempted village, and local school districts in accordance with	79149
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT	79150
FUNDING."	79151

Of the foregoing appropriation item 200550, Foundation	79152
Funding, a portion in each fiscal year shall be paid to school	79153
districts and community schools in accordance with the section of	79154
this act entitled "SUBSIDY FOR HIGH PERFORMING SCHOOL DISTRICTS."	79155

The remainder of appropriation item 200550, Foundation	79156
Funding, shall be used to distribute the amounts calculated for	79157
formula aid under Section 267.30.50 of this act.	79158

Appropriation items 200502, Pupil Transportation, 200540,	79159
Special Education Enhancements, and 200550, Foundation Funding,	79160
other than specific set-asides, are collectively used in each	79161
fiscal year to pay state formula aid obligations for school	79162
districts, community schools, STEM schools, and joint vocational	79163
school districts under this act. The first priority of these	79164
appropriation items, with the exception of specific set-asides, is	79165
to fund state formula aid obligations. It may be necessary to	79166
reallocate funds among these appropriation items or use excess	79167
funds from other general revenue fund appropriation items in the	79168
Department of Education's budget in each fiscal year, in order to	79169
meet state formula aid obligations. If it is determined that it is	79170
necessary to transfer funds among these appropriation items or to	79171
transfer funds from other General Revenue Fund appropriations in	79172
the Department of Education's budget to meet state formula aid	79173
obligations, the Department of Education shall seek approval from	79174
the Controlling Board to transfer funds as needed.	79175

Sec. 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY

79176

General Services Fund Group	79177

1990	715602	Laboratory Services	$	402,295	$	408,560	79178
2190	715604	Central Support Indirect	$	8,594,348	$	8,555,680	79179
4A10	715640	Operating Expenses	$	2,304,267	$	2,093,039	79180
4D50	715618	Recycled State Materials	$	0	$	50,000	79181
TOTAL GSF General Services							79182
Fund Group			$	11,300,910	$	~~11,057,279~~ 11,107,279	79183

Federal Special Revenue Fund Group	79184

3530	715612	Public Water Supply	$	2,941,282	$	2,941,282	79185
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	79186
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	79187
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	79188
3BU0	715684	Water Quality Protection	$	8,100,000	$	6,785,000	79189
3CS0	715688	Federal NRD Settlements	$	100,000	$	100,000	79190
3F20	715630	Revolving Loan Fund - Operating	$	907,543	$	907,543	79191
3F30	715632	Federally Supported Cleanup and Response	$	3,344,746	$	3,290,405	79192
3F50	715641	Nonpoint Source Pollution Management	$	6,265,000	$	6,260,000	79193
3T30	715669	Drinking Water State Revolving Fund	$	2,273,323	$	2,273,323	79194
3V70	715606	Agencywide Grants	$	600,000	$	600,000	79195
TOTAL FED Federal Special Revenue							79196
Fund Group			$	35,146,971	$	33,772,630	79197

State Special Revenue Fund Group	79198

4J00	715638	Underground Injection Control	$	445,234	$	445,571	79199
4K20	715648	Clean Air - Non Title V	$	3,152,306	$	2,906,267	79200
4K30	715649	Solid Waste	$	16,742,551	$	16,414,654	79201
4K40	715650	Surface Water Protection	$	7,642,625	$	6,672,246	79202
4K40	715686	Environmental Lab Service	$	2,096,007	$	2,096,007	79203
4K50	715651	Drinking Water Protection	$	7,410,118	$	7,405,428	79204
4P50	715654	Cozart Landfill	$	100,000	$	100,000	79205
4R50	715656	Scrap Tire Management	$	1,368,610	$	1,376,742	79206
4R90	715658	Voluntary Action Program	$	999,503	$	997,425	79207
4T30	715659	Clean Air - Title V Permit Program	$	16,349,471	$	16,241,822	79208
4U70	715660	Construction and Demolition Debris	$	425,913	$	433,591	79209
5000	715608	Immediate Removal Special Account	$	633,832	$	634,033	79210
5030	715621	Hazardous Waste Facility Management	$	10,241,107	$	9,789,620	79211
5050	715623	Hazardous Waste Cleanup	$	12,511,234	$	12,331,272	79212
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	79213
5320	715646	Recycling and Litter Control	$	0	$	4,911,575	79214
5410	715670	Site Specific Cleanup	$	2,048,101	$	2,048,101	79215
5420	715671	Risk Management Reporting	$	132,636	$	132,636	79216
5860	715637	Scrap Tire Market Development	$	0	$	1,497,645	79217
5920	715627	Anti Tampering Settlement	$	2,285	$	2,285	79218
5BC0	715617	Clean Ohio	$	611,455	$	611,455	79219
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	79220
5BC0	715624	Surface Water	$	8,970,181	$	9,114,974	79221
5BC0	715672	Air Pollution Control	$	4,438,629	$	4,534,758	79222
5BC0	715673	Drinking and Ground Water	$	4,317,527	$	4,323,521	79223
5BC0	715675	Hazardous Waste	$	95,266	$	95,266	79224
5BC0	715676	Assistance and Prevention	$	640,179	$	645,069	79225
5BC0	715677	Laboratory	$	939,717	$	958,586	79226
5BC0	715678	Corrective Actions	$	31,765	$	105,423	79227
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	79228
5BC0	715692	Administration	$	8,562,476	$	8,212,627	79229
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	79230
5BY0	715681	Auto Emissions Test	$	13,029,952	$	~~13,242,762~~ 11,242,762	79231
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	79232
5H40	715664	Groundwater Support	$	77,508	$	78,212	79233
5N20	715613	Dredge and Fill	$	29,250	$	29,250	79234
5Y30	715685	Surface Water Improvement	$	2,800,000	$	2,800,000	79235
6440	715631	ER Radiological Safety	$	279,838	$	279,966	79236
6600	715629	Infectious Waste Management	$	91,573	$	88,764	79237
6760	715642	Water Pollution Control Loan Administration	$	4,317,376	$	4,321,605	79238
6780	715635	Air Toxic Release	$	138,669	$	138,669	79239
6790	715636	Emergency Planning	$	2,623,192	$	2,623,252	79240
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,100,000	79241
6990	715644	Water Pollution Control Administration	$	220,000	$	220,000	79242
6A10	715645	Environmental Education	$	1,488,260	$	1,488,718	79243
TOTAL SSR State Special Revenue Fund Group			$	140,764,230	$	~~138,700,461~~ 143,109,681	79244

Clean Ohio Conservation Fund Group	79245

5S10	715607	Clean Ohio - Operating	$	284,083	$	284,124	79246
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,083	$	284,124	79247
TOTAL ALL BUDGET FUND GROUPS			$	187,496,194	$	~~183,814,494~~ 188,273,714	79248

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

79249

On July 1 of each fiscal year, or as soon as possible	79250
thereafter, the Director of Budget and Management may transfer up	79251
to $13,029,952 in cash in fiscal year 2012, and up to $~~13,242,762~~	79252
11,242,762 in cash in fiscal year 2013 from the General Revenue	79253
Fund to the Auto Emissions Test Fund (Fund 5BY0) for the operation	79254
and oversight of the auto emissions testing program.	79255

AREAWIDE PLANNING AGENCIES

79256

The Director of Environmental Protection Agency may award	79257
grants from appropriation item 715687, Areawide Planning Agencies,	79258
to areawide planning agencies engaged in areawide water quality	79259
management and planning activities in accordance with Section 208	79260
of the "Federal Clean Water Act," 33 U.S.C. 1288.	79261

CORRECTIVE CASH TRANSFERS

79262

On July 1, 2011, or as soon as possible thereafter, the	79263
Director of Budget and Management shall transfer $376,891.85 in	79264
cash that was mistakenly deposited in the Clean Air Non Title V	79265
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).	79266

On July 1, 2011, or as soon as possible thereafter, the	79267
Director of Budget and Management shall transfer $133,026.63 in	79268
cash that was mistakenly deposited in the Scrap Tire Management	79269
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).	79270

Sec. 291.10. DOH DEPARTMENT OF HEALTH

79271

General Revenue Fund	79272

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	79273
GRF	440413	Local Health Department Support	$	2,302,788	$	2,303,061	79274
GRF	440416	Mothers and Children Safety Net Services	$	4,227,842	$	4,228,015	79275
GRF	440418	Immunizations	$	6,430,538	$	~~8,930,829~~ 8,825,829	79276
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	79277
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	79278
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	79279
GRF	440451	Public Health Laboratory	$	3,654,348	$	3,655,449	79280
GRF	440452	Child and Family Health Services Match	$	630,390	$	630,444	79281
GRF	440453	Health Care Quality Assurance	$	8,170,694	$	8,174,361	79282
GRF	440454	Local Environmental Health	$	1,310,141	$	~~1,310,362~~ 1,194,634	79283
GRF	440459	Help Me Grow	$	33,673,545	$	33,673,987	79284
GRF	440465	Federally Qualified Health Centers	$	458,688	$	~~2,686,688~~ 2,581,688	79285
GRF	440467	Access to Dental Care	$	540,484	$	540,484	79286
GRF	440468	Chronic Disease and Injury Prevention	$	2,577,251	$	~~2,577,251~~ 2,447,251	79287
GRF	440472	Alcohol Testing	$	550,000	$	1,100,000	79288
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	79289
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	79290
TOTAL GRF General Revenue Fund			$	80,787,432	$	~~86,071,654~~ 85,615,926	79291

State Highway Safety Fund Group	79292

4T40	440603	Child Highway Safety	$	233,894	$	233,894	79293
TOTAL HSF State Highway Safety							79294
Fund Group			$	233,894	$	233,894	79295

General Services Fund Group	79296

1420	440646	Agency Health Services	$	8,825,788	$	8,826,146	79297
2110	440613	Central Support Indirect Costs	$	28,900,000	$	29,000,000	79298
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	79299
5HB0	440470	Breast and Cervical Cancer Screening	$	1,000,000	$	0	79300
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	79301
6980	440634	Nurse Aide Training	$	99,239	$	99,265	79302
TOTAL GSF General Services							79303
Fund Group			$	44,925,027	$	44,025,411	79304

Federal Special Revenue Fund Group	79305

3200	440601	Maternal Child Health Block Grant	$	27,068,886	$	27,068,886	79306
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	79307
3890	440604	Women, Infants, and Children	$	308,672,689	$	308,672,689	79308
3910	440606	Medicaid/Medicare	$	29,625,467	$	29,257,457	79309
3920	440618	Federal Public Health Programs	$	137,976,988	$	137,976,988	79310
TOTAL FED Federal Special Revenue							79311
Fund Group			$	511,170,689	$	510,802,679	79312

State Special Revenue Fund Group	79313

4700	440647	Fee Supported Programs	$	24,503,065	$	~~24,513,973~~ 24,263,973	79314
4710	440619	Certificate of Need	$	878,145	$	878,433	79315
4770	440627	Medically Handicapped Children Audit	$	3,692,704	$	3,692,703	79316
4D60	440608	Genetics Services	$	3,310,953	$	3,311,039	79317
4F90	440610	Sickle Cell Disease Control	$	1,032,754	$	1,032,824	79318
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	79319
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	79320
4L30	440609	Miscellaneous Expenses	$	3,333,164	$	3,333,164	79321
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	79322
4V60	440641	Save Our Sight	$	2,255,760	$	2,255,789	79323
5B50	440616	Quality, Monitoring, and Inspection	$	878,638	$	878,997	79324
5C00	440615	Alcohol Testing and Permit	$	551,018	$	0	79325
5CN0	440645	Choose Life	$	75,000	$	75,000	79326
5D60	440620	Second Chance Trust	$	1,151,815	$	1,151,902	79327
5ED0	440651	Smoke Free Indoor Air	$	190,452	$	190,452	79328
5G40	440639	Adoption Services	$	20,000	$	20,000	79329
5L10	440623	Nursing Facility Technical Assistance Program	$	687,500	$	687,528	79330
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	79331
6100	440626	Radiation Emergency Response	$	930,525	$	930,576	79332
6660	440607	Medically Handicapped Children - County Assessments	$	19,738,286	$	19,739,617	79333
TOTAL SSR State Special Revenue							79334
Fund Group			$	63,856,649	$	~~63,318,867~~ 63,068,867	79335

Holding Account Redistribution Fund Group	79336

R014	440631	Vital Statistics	$	44,986	$	44,986	79337
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	79338
TOTAL 090 Holding Account							79339
Redistribution Fund Group			$	64,986	$	64,986	79340

Tobacco Master Settlement Agreement Fund Group	79341

5BX0	440656	Tobacco Use Prevention	$	1,000,000	$	1,000,000	79342
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,000,000	$	1,000,000	79343
TOTAL ALL BUDGET FUND GROUPS			$	702,038,677	$	~~705,517,491~~ 704,811,763	79344

Sec. 307.10. INS DEPARTMENT OF INSURANCE

79346

Federal Special Revenue Fund Group	79347

3EV0	820610	Health Insurance Premium Review	$	1,000,000	$	1,000,000	79348
3EW0	820611	Health Exchange Planning	$	1,000,000	$	1,000,000	79349
3U50	820602	OSHIIP Operating Grant	$	2,270,726	$	2,270,725	79350
TOTAL FED Federal Special							79351
Revenue Fund Group			$	4,270,726	$	4,270,725	79352

State Special Revenue Fund Group	79353

5540	820601	Operating Expenses - OSHIIP	$	190,000	$	180,000	79354
5540	820606	Operating Expenses	$	22,745,538	$	~~22,288,550~~ 22,931,817	79355
5550	820605	Examination	$	9,065,684	$	~~8,934,065~~ 8,184,065	79356
TOTAL SSR State Special Revenue							79357
Fund Group			$	32,001,222	$	~~31,402,615~~ 31,295,882	79358
TOTAL ALL BUDGET FUND GROUPS			$	36,271,948	$	~~35,673,340~~ 35,566,607	79359

MARKET CONDUCT EXAMINATION

79360

When conducting a market conduct examination of any insurer	79361
doing business in this state, the Superintendent of Insurance may	79362
assess the costs of the examination against the insurer. The	79363
superintendent may enter into consent agreements to impose	79364
administrative assessments or fines for conduct discovered that	79365
may be violations of statutes or rules administered by the	79366
superintendent. All costs, assessments, or fines collected shall	79367
be deposited to the credit of the Department of Insurance	79368
Operating Fund (Fund 5540).	79369

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

79370

The Director of Budget and Management, at the request of the	79371
Superintendent of Insurance, may transfer funds from the	79372
Department of Insurance Operating Fund (Fund 5540), established by	79373
section 3901.021 of the Revised Code, to the Superintendent's	79374
Examination Fund (Fund 5550), established by section 3901.071 of	79375
the Revised Code, only for expenses incurred in examining domestic	79376
fraternal benefit societies as required by section 3921.28 of the	79377
Revised Code.	79378

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

79379

Not later than the thirty-first day of July each fiscal year,	79380
the Director of Budget and Management shall transfer $5,000,000	79381
from the Department of Insurance Operating Fund (Fund 5540) to the	79382
General Revenue Fund.	79383

Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

79384

General Revenue Fund	79385

GRF	600321	Program Support ~~Services~~					79386
		State	$	34,801,760	$	~~31,932,117~~ 31,612,796	79387
		Federal	$	9,322,222	$	~~9,207,441~~ 9,115,366	79388
		Program Support ~~Services~~ Total	$	44,123,982	$	~~41,139,558~~ 40,728,162	79389
GRF	600410	TANF State/Maintenance of Effort	$	151,386,934	$	151,386,934	79390
GRF	600413	Child Care ~~Match~~ State/Maintenance of Effort	$	84,732,730	$	84,732,730	79391
GRF	600416	~~Computer~~ Information Technology Projects					79392
		State	$	67,955,340	$	~~69,263,506~~ 68,570,871	79393
		Federal	$	13,105,167	$	~~12,937,222~~ 12,807,850	79394
		~~Computer~~ Information Technology Projects Total	$	81,060,507	$	~~82,200,728~~ 81,378,721	79395
GRF	600417	Medicaid Provider Audits	$	1,312,992	$	~~1,312,992~~ 1,299,862	79396
GRF	600420	Child Support ~~Administration~~ Programs	$	6,163,534	$	~~6,065,588~~ 6,004,932	79397
GRF	600421	~~Office of~~ Family ~~Stability~~ Assistance Programs	$	3,768,929	$	~~3,757,493~~ 3,719,918	79398
GRF	600423	~~Office of Children and~~ Families and Children Programs	$	5,123,406	$	4,978,756	79399
GRF	600425	~~Office of Ohio~~ Health ~~Plans~~ Care Programs					79400
		State	$	13,149,582	$	~~15,740,987~~ 15,583,577	79401
		Federal	$	12,556,921	$	~~12,286,234~~ 12,163,372	79402
		~~Office of Ohio~~ Health ~~Plans~~ Care Programs Total	$	25,706,503	$	~~28,027,221~~ 27,746,949	79403
GRF	600502	~~Administration~~ Child Support - Local	$	23,814,103	$	23,814,103	79404
GRF	600511	Disability Financial Assistance	$	26,599,666	$	27,108,734	79405
GRF	600521	~~Entitlement Administration~~ Family Assistance - Local	$	72,200,721	$	72,200,721	79406
GRF	600523	Family and Children ~~and Families~~ Services	$	~~53,605,323~~ 52,605,323	$	~~53,105,323~~ 54,105,323	79407
GRF	600525	Health Care/Medicaid					79408
		State	$	4,313,761,372	$	~~4,689,051,017~~ 4,689,701,017	79409
		Federal	$	7,530,008,024	$	~~8,429,762,527~~ 8,430,897,261	79410
		Health Care Total	$	11,843,769,396	$	~~13,118,813,544~~ 13,120,598,278	79411
GRF	600526	Medicare Part D	$	277,996,490	$	296,964,743	79412
GRF	600528	Adoption Services					79413
		State	$	29,257,932	$	29,257,932	79414
		Federal	$	41,085,169	$	41,085,169	79415
		Adoption Services Total	$	70,343,101	$	70,343,101	79416
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	~~13,500,000~~ 13,866,003	79417
GRF	600534	Adult Protective Services	$	366,003	$	~~366,003~~ 0	79418
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	79419
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	79420
GRF	600540	Second Harvest Food Banks	$	4,000,000	$	4,000,000	79421
GRF	600541	Kinship Permanency Incentive Program	$	2,500,000	$	3,500,000	79422
TOTAL GRF General Revenue Fund							79423
		State	$	~~5,315,593,291~~ 5,314,593,291	$	~~5,711,636,153~~ 5,712,005,426	79424
		Federal	$	7,606,077,503	$	~~8,505,278,593~~ 8,506,069,018	79425
		GRF Total	$	~~12,921,670,794~~ 12,920,670,794	$	~~14,216,914,746~~ 14,218,074,444	79426

General Services Fund Group	79427

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	79428
5C90	600671	Medicaid Program Support	$	85,800,878	$	~~82,839,266~~ 0	79429
5DL0	600639	~~Medicaid Revenue and Collections~~ Health Care/Medicaid Support - Recoveries	$	89,256,974	$	~~84,156,974~~ 166,996,240	79430
5DM0	600633	Administration & Operating	$	20,392,173	$	~~19,858,928~~ 19,660,339	79431
5FX0	600638	Medicaid Payment Withholding	$	5,000,000	$	6,000,000	79432
5HL0	600602	State and County Shared services	$	3,020,000	$	3,020,000	79433
5P50	600692	~~Prescription Drug Rebate - State~~ Health Care/Medicaid Support - Drug Rebates	$	220,600,000	$	242,600,000	79434
6130	600645	Training Activities	$	500,000	$	500,000	79435
TOTAL GSF General Services							79436
Fund Group			$	458,570,025	$	~~472,975,168~~ 472,776,579	79437

Federal Special Revenue Fund Group	79438

3270	600606	Child Welfare	$	29,769,865	$	29,769,866	79439
3310	600615	Veterans Programs	$	0	$	8,000,000	79440
3310	600624	Employment Services Programs	$	0	$	33,943,023	79441
3310	600686	~~Federal Operating~~ Workforce Programs	$	49,128,140	$	~~48,203,023~~ 6,260,000	79442
3840	600610	Food Assistance ~~and State Administration~~ Programs	$	180,381,394	$	180,381,394	79443
3850	600614	Refugee Services	$	11,582,440	$	12,564,952	79444
3950	600616	~~Special Activities/Child and Family Services~~ Federal Discretionary Grants	$	2,259,264	$	2,259,264	79445
3960	600620	Social Services Block Grant	$	64,999,999	$	64,999,998	79446
3970	600626	Child Support - Federal	$	255,812,837	$	255,813,528	79447
3980	600627	Adoption ~~Maintenance/ Administration~~ Program - Federal	$	352,183,862	$	~~352,184,253~~ 174,178,779	79448
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	79449
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	79450
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	79451
3ER0	600603	Health Information Technology	$	411,661,286	$	416,395,286	79452
3F00	600623	Health Care Federal	$	2,637,061,505	$	2,720,724,869	79453
3F00	600650	Hospital Care Assurance ~~Match~~ - Federal	$	372,784,046	$	380,645,627	79454
3FA0	600680	~~Ohio~~ Health Care Grants - Federal	$	9,405,000	$	20,000,000	79455
3G50	600655	Interagency Reimbursement	$	1,621,305,787	$	1,380,391,478	79456
3H70	600617	Child Care Federal	$	208,290,036	$	204,813,731	79457
3N00	600628	~~IV-E~~ Foster Care ~~Maintenance~~ Program - Federal	$	133,963,142	$	~~133,963,142~~ 311,968,616	79458
3S50	600622	Child Support Projects	$	534,050	$	534,050	79459
3V00	600688	Workforce Investment Act Programs	$	176,496,250	$	172,805,562	79460
3V40	600678	Federal Unemployment Programs	$	188,680,096	$	186,723,415	79461
3V40	600679	~~Unemployment Compensation~~ UC Review Commission - Federal	$	4,166,988	$	4,068,758	79462
3V60	600689	TANF Block Grant	$	727,968,260	$	727,968,260	79463
TOTAL FED Federal Special Revenue							79464
Fund Group			$	7,446,018,911	$	7,302,795,120	79465

State Special Revenue Fund Group	79466

1980	600647	Children's Trust Fund	$	5,873,637	$	5,873,848	79467
4A90	600607	Unemployment Compensation Administration Fund	$	21,924,998	$	21,424,998	79468
4A90	600694	~~Unemployment Compensation~~ UC Review Commission - SAF	$	2,173,167	$	2,117,031	79469
4E30	600605	~~Nursing Home Assessments~~ Resident Protection Fund	$	2,878,320	$	2,878,319	79470
4E70	600604	~~Child and~~ Family and Children Services Collections	$	400,000	$	400,000	79471
4F10	600609	Family and Children ~~and Family Services~~ Activities	$	683,359	$	683,549	79472
4K10	600621	~~ICF/MR Bed Assessments~~ DDD Support - Franchise Fee	$	41,405,596	$	44,372,874	79473
4Z10	600625	HealthCare Compliance	$	11,551,076	$	14,582,000	79474
5AJ0	600631	Money Follows the Person	$	5,483,080	$	4,733,080	79475
5DB0	600637	Military Injury ~~Grants~~ Relief Subsidies	$	2,000,000	$	2,000,000	79476
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	79477
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	79478
5GF0	600656	~~Medicaid~~ Health Care/Medicaid Support - Hospital/UPL	$	436,000,000	$	436,000,000	79479
5KC0	600682	Health Care ~~Special Activities~~ Grants - State	$	10,000,000	$	10,000,000	79480
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	4,000,000	79481
5R20	600608	~~Medicaid-Nursing Facilities~~ Long-Term Care Support	$	402,489,308	$	407,100,746	79482
5S30	600629	~~MR/DD Medicaid Administration~~ Health Care Program and ~~Oversight~~ DDD Support	$	9,252,738	$	9,147,791	79483
5U30	600654	Health Care ~~Services Administration~~ Program Support	$	24,400,000	$	~~24,400,000~~ 24,156,000	79484
5U60	600663	~~Children~~ Family and ~~Family~~ Children Support	$	4,000,000	$	4,000,000	79485
6510	600649	Hospital Care Assurance Program Fund	$	212,526,123	$	217,008,050	79486
TOTAL SSR State Special Revenue							79487
Fund Group			$	~~1,194,041,402~~ 1,196,041,402	$	~~1,207,722,286~~ 1,207,478,286	79488

Agency Fund Group	79489

1920	600646	Child Support Intercept - Federal	$	130,000,000	$	~~130,000,000~~ 129,250,000	79490
5830	600642	Child Support Intercept - State	$	16,000,000	$	~~16,000,000~~ 14,000,000	79491
5B60	600601	Food Assistance Intercept	$	2,000,000	$	~~2,000,000~~ 1,000,000	79492
TOTAL AGY Agency Fund Group			$	148,000,000	$	~~148,000,000~~ 144,250,000	79493

Holding Account Redistribution Fund Group	79494

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	79495
R013	600644	Forgery Collections	$	10,000	$	10,000	79496
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	79497
TOTAL ALL BUDGET FUND GROUPS			$	~~22,170,511,132~~ 22,171,511,132	$	~~23,350,617,320~~ 23,351,584,429	79498

Sec. 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES

79500

(A) As used in this section, "charge high trim point" means a	79501
measure, excluding the measure established by paragraph (A)(6) of	79502
rule 5101:3-2-07.9 of the Administrative Code, used to determine	79503
whether a claim for a hospital inpatient service qualifies for a	79504
cost outlier payment under the Medicaid program.	79505

(B) For fiscal year 2012 and fiscal year 2013, the Director	79506
of Job and Family Services shall implement purchasing strategies	79507
and rate reductions for hospital and other Medicaid-covered	79508
services, as determined by the Director, that result in payment	79509
rates for those services being at least two per cent less than the	79510
respective payment rates for fiscal year 2011. In implementing the	79511
purchasing strategies and rate reductions, the Director shall do	79512
the following:	79513

(1) Notwithstanding the section of ~~this act~~Am. Sub. H.B. 153	79514
of the 129th General Assembly titled "CONTINUATION OF MEDICAID	79515
RATES FOR HOSPITAL INPATIENT AND OUTPATIENT SERVICES," modernize	79516
hospital inpatient and outpatient reimbursement methodologies by	79517
doing the following:	79518

(a) Modifying the inpatient hospital capital reimbursement	79519
methodology;	79520

(b) Establishing new diagnosis-related groups in a	79521
cost-neutral manner;	79522

(c) For hospital discharges that occur during the period	79523
beginning October 1, 2011, and ending January 1, 2012, modifying	79524
charge high trim points, as in effect on January 1, 2011, by a	79525
factor of 13.6%;	79526

(d) For hospital discharges that occur during the period	79527
beginning January 1, 2012, and ending on the effective date of the	79528
first of the new diagnosis-related groups established under	79529
division (B)(1)(b) of this section, modifying charge high trim	79530
points, as in effect on October 1, 2011, by a factor of 9.72%;	79531

(e) Implementing other changes the Director considers	79532
appropriate.	79533

(2) Establish selective contracting and prior authorization	79534
requirements for types of medical assistance the Director	79535
identifies.	79536

(C) The Director shall adopt rules under section 5111.02 and	79537
5111.85 of the Revised Code as necessary to implement this	79538
section. The rules adopted to implement divisions (B)(1)(a), (b),	79539
and (e) of this section shall include quality factors and	79540
quality-based incentive payments.	79541

(D) This section does not apply to nursing facility and	79542
intermediate care facility for the mentally retarded services	79543
provided under the Medicaid program.	79544

Sec. 309.30.33. HOSPITAL INPATIENT AND OUTPATIENT	79545
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	79546
HOSPITAL INCENTIVE PAYMENT PROGRAM	79547

(A) As used in this section:

79548

(1) "Hospital" has the same meaning as in section 5112.40 of	79549
the Revised Code.	79550

(2) "Hospital Assessment Fund" means the fund created under	79551
section 5112.45 of the Revised Code.	79552

(3) "Medicaid managed care organization" means an entity	79553
under contract pursuant to section 5111.17 of the Revised Code to	79554
provide or arrange services for Medicaid recipients who are	79555
required or permitted to participate in the Medicaid care	79556
management system.	79557

(B) The Department of Job and Family Services shall submit to	79558
the United States Secretary of Health and Human Services a	79559
Medicaid state plan amendment to do both of the following:	79560

(1) Continue the Hospital Inpatient and Outpatient	79561
Supplemental Upper Payment Limit Program that was established	79562
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	79563
General Assembly, with any modifications necessary to implement	79564
the program as described under division (D) of this section;	79565

(2) Create the Medicaid Managed Care Hospital Incentive	79566
Payment Program, as described under division (E) of this section.	79567

(C) Of the amounts deposited into the Hospital Assessment	79568
Fund in fiscal year 2012 and fiscal year 2013:	79569

(1) Up to $432,432,725 (state and federal) in fiscal year	79570
2012 and up to $415,162,388 (state and federal) in fiscal year	79571
2013 shall be used for the Hospital Inpatient and Outpatient	79572
Supplemental Upper Payment Limit Program;	79573

(2) Up to $162,000,000 (state and federal) in each fiscal	79574
year shall be used for the Medicaid Managed Care Hospital	79575
Incentive Payment Program;	79576

(3) Up to $176,021,111 (state and federal) in fiscal year	79577
2012 and up to $195,158,394 (state and federal) in fiscal year	79578
2013 shall be used for the program authorized by the section of	79579
~~this act~~Am. Sub. H.B. 153 of the 129th General Assembly titled	79580
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT AND	79581
OUTPATIENT SERVICES."	79582

(D)(1) If the Medicaid state plan amendment submitted under	79583
division (B)(1) of this section is approved, the Department shall	79584
implement the Hospital Inpatient and Outpatient Supplemental Upper	79585
Payment Limit Program during fiscal year 2012 and fiscal year	79586
2013. Under the Program, subject to division (D)(2) of this	79587
section, supplemental Medicaid payments shall be made to hospitals	79588
for Medicaid-covered inpatient and outpatient services. The	79589
Department shall make the payments through amounts that are made	79590
available for the Program under division (C) of this section and	79591
any federal financial participation available for the Program.	79592

(2) The Department shall take all actions necessary to cease	79593
implementation of the Program if the United States Secretary	79594
determines that the assessment imposed under section 5112.41 of	79595
the Revised Code is an impermissible healthcare-related tax under	79596
section 1903(w) of the "Social Security Act," 105 Stat. 1793	79597
(1991), 42 U.S.C. 1396b(w), as amended.	79598

(E)(1) If the Medicaid state plan amendment submitted under	79599
division (B)(2) of this section is approved, the Department shall	79600
implement the Medicaid Managed Care Hospital Incentive Payment	79601
Program. The purpose of the Program is to increase access to	79602
hospital services for Medicaid recipients who are enrolled in	79603
Medicaid managed care organizations.	79604

Under the Program, subject to division (E)(3) of this	79605
section, funds shall be provided to Medicaid managed care	79606
organizations, which shall use the funds to increase payments to	79607
hospitals for providing services to Medicaid recipients who are	79608
enrolled in the organizations. The Department shall provide the	79609
funds through amounts that are made available for the Program	79610
under division (C) of this section and any federal financial	79611
participation available for the Program.	79612

(2) Not later than July 1, 2012, the Department shall select	79613
an actuary to conduct a study of the contracted reimbursement	79614
rates between Medicaid managed care organizations and hospitals.	79615
The actuary shall determine if a reduction in the capitation rates	79616
paid to Medicaid managed care organizations in fiscal year 2013 is	79617
appropriate as a result of the contracted reimbursement rates	79618
between the organizations and hospitals. The actuary shall notify	79619
the Department of its determination.	79620

If the actuary determines that a reduction in the capitation	79621
rates paid to Medicaid managed care organizations in fiscal year	79622
2013 will not achieve $22 million in state savings in fiscal year	79623
2013, the state shall receive the difference between what the	79624
actuary determines the state will save and $22 million. The	79625
Department, in consultation with the Ohio Association of Health	79626
Plans and the Ohio Hospital Association, shall establish a	79627
methodology under which the difference is paid equally by Medicaid	79628
managed care organizations and hospitals in this state.	79629

Notwithstanding anything to the contrary specified in	79630
division (E)(3)(b) or (c) of this section, the Medicaid managed	79631
care organizations and hospitals shall pay the amounts determined	79632
under the methodology, unless the Department waives the	79633
requirement to make the payments. The requirement may be waived if	79634
spending for the Medicaid program in fiscal year 2013 is less than	79635
the amount that is budgeted for that fiscal year. If payments are	79636
made, the amount received by the Department shall be deposited	79637
into the state treasury to the credit of the Health Care	79638
Compliance Fund created under section ~~5111.171~~5111.946 of the	79639
Revised Code.	79640

(3)(a) The Department shall not provide funds to Medicaid	79641
managed care organizations under the Program unless an actuary	79642
selected by the Department certifies that the Program would not	79643
violate the actuarial soundness of the capitation rates paid to	79644
Medicaid managed care organizations.	79645

(b) The Department shall not implement the Program in a	79646
manner that causes a hospital to receive less money from the	79647
Hospital Assessment Fund than the hospital would have received if	79648
the Program were not implemented.	79649

(c) The Department shall not implement the Program in a	79650
manner that causes a Medicaid managed care organization to receive	79651
a lower capitation payment rate solely because funds are made	79652
available to the organization under the Program.	79653

(d) The Department shall take all necessary actions to cease	79654
implementation of the Program if the United States Secretary	79655
determines that the assessment imposed under section 5112.41 of	79656
the Revised Code is an impermissible healthcare-related tax under	79657
section 1903(w) of the "Social Security Act," 105 Stat. 1793	79658
(1991), 42 U.S.C. 1396b(w), as amended.	79659

(F) The Director of Budget and Management may authorize	79660
additional expenditures from appropriation item 600623, Health	79661
Care Federal, appropriation item 600525, Health Care/Medicaid, and	79662
appropriation item 600656, Medicaid-Hospital, in order to	79663
implement the programs authorized by this section and to implement	79664
the section of ~~this act~~Am. Sub. H.B. 153 of the 129th General	79665
Assembly titled "CONTINUATION OF MEDICAID RATES FOR HOSPITAL	79666
INPATIENT AND OUTPATIENT SERVICES." Any amounts authorized are	79667
hereby appropriated.	79668

(G) Nothing in this section reduces payments to children's	79669
hospitals authorized under the section of ~~this act~~Am. Sub. H.B.	79670
153 of the 129th General Assembly titled "CHILDREN'S HOSPITALS	79671
SUPPLEMENTAL FUNDING."	79672

Sec. 309.35.73. HEALTHCARE COMPLIANCE APPROPRIATION

79673

Notwithstanding the provisions of section ~~5111.171~~5111.946	79674
of the Revised Code specifying the uses of the ~~HealthCare~~Health	79675
Care Compliance Fund, appropriations in appropriation item 600625,	79676
HealthCare Compliance, may be used for expenses incurred in	79677
implementation or operation of Health Home programs, contracts for	79678
consultants regarding Medicaid, and for the creation,	79679
modification, or replacement of any federally funded Medicaid	79680
healthcare systems in fiscal year 2012 and fiscal year 2013.	79681

Sec. 315.10. JSC THE JUDICIARY/SUPREME COURT

79682

General Revenue Fund	79683

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	~~133,704,620~~ 132,347,507	$	~~132,565,410~~ 133,922,523	79684
GRF	005406	Law-Related Education	$	236,172	$	236,172	79685
GRF	005409	Ohio Courts Technology Initiative	$	2,150,000	$	2,150,000	79686
TOTAL GRF General Revenue Fund			$	~~136,090,792~~ 134,733,679	$	~~134,951,582~~ 136,308,695	79687

General Services Fund Group	79688

6720	005601		Continuing Judicial Education		$	172,142		$	169,420		79689
TOTAL GSF General Services Fund Group					$	172,142		$	169,420		79690

Federal Special Revenue Fund Group	79691

3J00	005603		Federal Grants		$	1,653,317		$	1,605,717		79692
TOTAL FED Federal Special Revenue Fund Group					$	1,653,317		$	1,605,717		79693

State Special Revenue Fund Group	79694

4C80	005605	Attorney Services	$	3,718,328	$	3,695,192	79695
5HT0	005617	Court Interpreter Certification	$	39,000	$	39,000	79696
5T80	005609	Grants and Awards	$	50,000	$	50,000	79697
6A80	005606	Supreme Court Admissions	$	1,223,340	$	1,205,056	79698
TOTAL SSR State Special Revenue Fund Group			$	5,030,668	$	4,989,248	79699
TOTAL ALL BUDGET FUND GROUPS			$	~~142,946,919~~ 141,589,806	$	~~141,715,967~~ 143,073,080	79700

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

79701

Of the foregoing appropriation item 005321, Operating	79702
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	79703
year may be used to support the functions of the State Criminal	79704
Sentencing Council.	79705

LAW-RELATED EDUCATION

79706

The foregoing appropriation item 005406, Law-Related	79707
Education, shall be distributed directly to the Ohio Center for	79708
Law-Related Education for the purposes of providing continuing	79709
citizenship education activities to primary and secondary	79710
students, expanding delinquency prevention programs, increasing	79711
activities for at-risk youth, and accessing additional public and	79712
private money for new programs.	79713

OHIO COURTS TECHNOLOGY INITIATIVE

79714

The foregoing appropriation item 005409, Ohio Courts	79715
Technology Initiative, shall be used to fund an initiative by the	79716
Supreme Court to facilitate the exchange of information and	79717
warehousing of data by and between Ohio courts and other justice	79718
system partners through the creation of an Ohio Courts Network,	79719
the delivery of technology services to courts throughout the	79720
state, including the provision of hardware, software, and the	79721
development and implementation of educational and training	79722
programs for judges and court personnel, and operation of the	79723
Commission on Technology and the Courts by the Supreme Court for	79724
the promulgation of statewide rules, policies, and uniform	79725
standards, and to aid in the orderly adoption and comprehensive	79726
use of technology in Ohio courts.	79727

CONTINUING JUDICIAL EDUCATION

79728

The Continuing Judicial Education Fund (Fund 6720) shall	79729
consist of fees paid by judges and court personnel for attending	79730
continuing education courses and other gifts and grants received	79731
for the purpose of continuing judicial education. The foregoing	79732
appropriation item 005601, Continuing Judicial Education, shall be	79733
used to pay expenses for continuing education courses for judges	79734
and court personnel. If it is determined by the Administrative	79735
Director of the Supreme Court that additional appropriations are	79736
necessary, the amounts are hereby appropriated.	79737

No money in Fund 6720 shall be transferred to any other fund	79738
by the Director of Budget and Management or the Controlling Board.	79739
Interest earned on money in Fund 6720 shall be credited to the	79740
fund.	79741

FEDERAL GRANTS

79742

The Federal Grants Fund (Fund 3J00) shall consist of grants	79743
and other moneys awarded to the Supreme Court (The Judiciary) by	79744
the United States Government or other entities that receive the	79745
moneys directly from the United States Government and distribute	79746
those moneys to the Supreme Court (The Judiciary). The foregoing	79747
appropriation item 005603, Federal Grants, shall be used in a	79748
manner consistent with the purpose of the grant or award. If it is	79749
determined by the Administrative Director of the Supreme Court	79750
that additional appropriations are necessary, the amounts are	79751
hereby appropriated.	79752

No money in Fund 3J00 shall be transferred to any other fund	79753
by the Director of Budget and Management or the Controlling Board.	79754
However, interest earned on money in Fund 3J00 shall be credited	79755
or transferred to the General Revenue Fund.	79756

ATTORNEY SERVICES

79757

The Attorney Services Fund (Fund 4C80), formerly known as the	79758
Attorney Registration Fund, shall consist of money received by the	79759
Supreme Court (The Judiciary) pursuant to the Rules for the	79760
Government of the Bar of Ohio. In addition to funding other	79761
activities considered appropriate by the Supreme Court, the	79762
foregoing appropriation item 005605, Attorney Services, may be	79763
used to compensate employees and to fund appropriate activities of	79764
the following offices established by the Supreme Court: the Office	79765
of Disciplinary Counsel, the Board of Commissioners on Grievances	79766
and Discipline, the Clients' Security Fund, and the Attorney	79767
Services Division. If it is determined by the Administrative	79768
Director of the Supreme Court that additional appropriations are	79769
necessary, the amounts are hereby appropriated.	79770

No money in Fund 4C80 shall be transferred to any other fund	79771
by the Director of Budget and Management or the Controlling Board.	79772
Interest earned on money in Fund 4C80 shall be credited to the	79773
fund.	79774

COURT INTERPRETER CERTIFICATION

79775

The Court Interpreter Certification Fund (Fund 5HT0) shall	79776
consist of money received by the Supreme Court (The Judiciary)	79777
pursuant to Rules 80 through 87 of the Rules of Superintendence	79778
for the Courts of Ohio. The foregoing appropriation item 005617,	79779
Court Interpreter Certification, shall be used to provide	79780
training, to provide the written examination, and to pay language	79781
experts to rate, or grade, the oral examinations of those applying	79782
to become certified court interpreters. If it is determined by the	79783
Administrative Director that additional appropriations are	79784
necessary, the amounts are hereby appropriated.	79785

No money in Fund 5HT0 shall be transferred to any other fund	79786
by the Director of Budget and Management or the Controlling Board.	79787
Interest earned on money in Fund 5HT0 shall be credited to the	79788
fund.	79789

GRANTS AND AWARDS

79790

The Grants and Awards Fund (Fund 5T80) shall consist of	79791
grants and other money awarded to the Supreme Court (The	79792
Judiciary) by the State Justice Institute, the Division of	79793
Criminal Justice Services, or other entities. The foregoing	79794
appropriation item 005609, Grants and Awards, shall be used in a	79795
manner consistent with the purpose of the grant or award. If it is	79796
determined by the Administrative Director of the Supreme Court	79797
that additional appropriations are necessary, the amounts are	79798
hereby appropriated.	79799

No money in Fund 5T80 shall be transferred to any other fund	79800
by the Director of Budget and Management or the Controlling Board.	79801
However, interest earned on money in Fund 5T80 shall be credited	79802
or transferred to the General Revenue Fund.	79803

SUPREME COURT ADMISSIONS

79804

The foregoing appropriation item 005606, Supreme Court	79805
Admissions, shall be used to compensate Supreme Court employees	79806
who are primarily responsible for administering the attorney	79807
admissions program under the Rules for the Government of the Bar	79808
of Ohio, and to fund any other activities considered appropriate	79809
by the court. Moneys shall be deposited into the Supreme Court	79810
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	79811
Government of the Bar of Ohio. If it is determined by the	79812
Administrative Director of the Supreme Court that additional	79813
appropriations are necessary, the amounts are hereby appropriated.	79814

No money in Fund 6A80 shall be transferred to any other fund	79815
by the Director of Budget and Management or the Controlling Board.	79816
Interest earned on money in Fund 6A80 shall be credited to the	79817
fund.	79818

Sec. 327.10. LCO LIQUOR CONTROL COMMISSION

79819

State Special Revenue Fund Group	79820

5LP0	970601		Commission Operating Expense		$	0		$	754,146		79821
TOTAL SSR State Special Revenue Fund Group					$	0		$	754,146		79822

Liquor Control Fund Group	79823

7043	970321	Operating Expenses	$	753,933	$	~~754,146~~ 0	79824
TOTAL LCF Liquor Control Fund Group			$	753,933	$	~~754,146~~ 0	79825
TOTAL ALL BUDGET FUND GROUPS			$	753,933	$	754,146	79826

Sec. 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD

79828

General Services Fund Group	79829

4K90	915604	Operating Expenses	$	493,641	$	~~493,856~~ 0	79830
TOTAL GSF General Services							79831
Fund Group			$	493,641	$	~~493,856~~ 0	79832
TOTAL ALL BUDGET FUND GROUPS			$	493,641	$	~~493,856~~ 0	79833

Sec. 337.10. DMH DEPARTMENT OF MENTAL HEALTH

79835

General Revenue Fund	79836

GRF	332401	Forensic Services	$	3,244,251	$	3,244,251	79837
GRF	333321	Central Administration	$	16,000,000	$	16,000,000	79838
GRF	333402	Resident Trainees	$	450,000	$	450,000	79839
GRF	333403	Pre-Admission Screening Expenses	$	486,119	$	~~486,119~~ 286,119	79840
GRF	333415	Lease-Rental Payments	$	18,394,250	$	~~19,907,900~~ 17,907,900	79841
GRF	333416	Research Program Evaluation	$	421,724	$	421,998	79842
GRF	334412	Hospital Services	$	194,918,888	$	~~192,051,209~~ 191,051,209	79843
GRF	334506	Court Costs	$	584,210	$	584,210	79844
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	79845
GRF	335419	Community Medication Subsidy	$	8,963,818	$	8,963,818	79846
GRF	335501	Mental Health Medicaid Match	$	186,400,000	$	0	79847
GRF	335505	Local Mental Health Systems of Care	$	49,963,776	$	~~59,087,955~~ 62,087,955	79848
GRF	335506	Residential State Supplement	$	4,702,875	$	4,702,875	79849
TOTAL GRF General Revenue Fund			$	485,915,911	$	~~307,286,335~~ 307,086,335	79850

General Services Fund Group	79851

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	79852
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	79853
1500	334620	Special Education	$	150,000	$	150,000	79854
4P90	335604	Community Mental Health Projects	$	4,061,100	$	250,000	79855
1510	336601	Office of Support Services	$	129,770,770	$	~~129,779,822~~ 127,297,130	79856
TOTAL GSF General Services Fund Group			$	163,515,060	$	~~159,713,012~~ 157,230,320	79857

Federal Special Revenue Fund Group	79858

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	79859
3A60	333608	Federal Miscellaneous	$	140,000	$	140,000	79860
3A70	333612	Social Services Block Grant	$	50,000	$	50,000	79861
3A80	333613	Federal Grant - Administration	$	4,717,000	$	4,717,000	79862
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	79863
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	79864
3240	334605	Medicaid/Medicare	$	28,200,000	$	28,200,000	79865
3A60	334608	Federal Miscellaneous	$	200,000	$	200,000	79866
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	79867
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	79868
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	79869
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	79870
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	79871
3B10	335635	Community Medicaid Expansion	$	346,200,000	$	0	79872
TOTAL FED Federal Special Revenue Fund Group			$	421,571,652	$	75,371,652	79873

State Special Revenue Fund Group	79874

2320	333621	Family and Children First Administration	$	448,286	$	432,197	79875
4850	333632	Mental Health Operating	$	134,233	$	134,233	79876
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	79877
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	79878
4850	334632	Mental Health Operating	$	2,477,500	$	2,477,500	79879
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	79880
6320	335616	Community Capital Replacement	$	350,000	$	350,000	79881
TOTAL SSR State Special Revenue Fund Group			$	13,200,643	$	13,184,554	79882
TOTAL ALL BUDGET FUND GROUPS			$	1,084,203,266	$	~~555,555,553~~ 552,872,861	79883

Sec. 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

79885

General Revenue Fund	79886

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	79887
GRF	725413	Lease Rental Payments	$	20,568,600	$	19,734,700	79888
GRF	725456	Canal Lands	$	135,000	$	135,000	79889
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	79890
GRF	725903	Natural Resources General Obligation Debt Service	$	5,375,300	$	25,209,100	79891
GRF	727321	Division of Forestry	$	4,878,338	$	4,880,000	79892
GRF	729321	Office of Information Technology	$	194,118	$	197,117	79893
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	79894
GRF	736321	Division of Engineering	$	3,024,459	$	~~3,025,078~~ 2,995,078	79895
GRF	737321	Division of Soil and Water Resources	$	4,982,961	$	4,983,356	79896
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	79897
TOTAL GRF General Revenue Fund			$	75,058,776	$	~~94,064,351~~ 94,034,351	79898

General Services Fund Group	79899

1550	725601	Departmental Projects	$	3,365,651	$	~~2,725,484~~ 2,512,977	79900
1570	725651	Central Support Indirect	$	5,854,167	$	5,857,800	79901
2040	725687	Information Services	$	4,659,276	$	4,643,835	79902
2070	725690	Real Estate Services	$	50,000	$	50,000	79903
2230	725665	Law Enforcement Administration	$	2,106,776	$	2,126,432	79904
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	79905
4300	725671	Canal Lands	$	907,618	$	~~907,879~~ 883,879	79906
4D50	725618	Recycled Materials	$	50,000	$	~~50,000~~ 0	79907
4S90	725622	NatureWorks Personnel	$	400,358	$	400,358	79908
4X80	725662	Water Resources Council	$	138,011	$	138,005	79909
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	79910
5160	725620	Water Management	$	2,541,565	$	2,559,292	79911
6350	725664	Fountain Square Facilities Management	$	3,544,623	$	~~3,548,445~~ 3,473,413	79912
6970	725670	Submerged Lands	$	836,162	$	848,546	79913
TOTAL GSF General Services							79914
Fund Group			$	25,194,318	$	~~24,596,187~~ 24,234,648	79915

Federal Special Revenue Fund Group	79916

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	79917
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	79918
3B40	725641	Federal Flood Pass-Thru	$	600,000	$	600,000	79919
3B50	725645	Federal Abandoned Mine Lands	$	21,007,667	$	21,207,667	79920
3B60	725653	Federal Land and Water Conservation Grants	$	1,150,000	$	1,150,000	79921
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	79922
3P10	725632	Geological Survey - Federal	$	692,401	$	692,401	79923
3P20	725642	Oil and Gas-Federal	$	234,509	$	234,509	79924
3P30	725650	Coastal Management - Federal	$	3,290,633	$	3,290,633	79925
3P40	725660	Federal - Soil and Water Resources	$	1,213,048	$	1,209,957	79926
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	79927
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	79928
TOTAL FED Federal Special Revenue							79929
Fund Group			$	36,121,361	$	36,318,270	79930

State Special Revenue Fund Group	79931

4J20	725628	Injection Well Review	$	130,899	$	128,466	79932
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	79933
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	79934
5090	725602	State Forest	$	7,891,747	$	7,058,793	79935
5110	725646	Ohio Geological Mapping	$	704,777	$	705,130	79936
5120	725605	State Parks Operations	$	32,284,117	$	31,550,444	79937
5140	725606	Lake Erie Shoreline	$	1,502,654	$	1,505,983	79938
5180	725643	Oil and Gas Permit Fees	$	5,821,970	$	~~5,623,645~~ 9,823,645	79939
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	79940
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	79941
5220	725656	Natural Areas and Preserves	$	546,580	$	546,639	79942
5260	725610	Strip Mining Administration Fee	$	2,000,000	$	2,000,000	79943
5270	725637	Surface Mining Administration	$	1,940,977	$	1,941,532	79944
5290	725639	Unreclaimed Land Fund	$	2,004,180	$	2,004,180	79945
5310	725648	Reclamation Forfeiture	$	1,423,000	$	~~1,423,000~~ 500,000	79946
5320	725644	Litter Control and Recycling	$	4,926,730	$	~~4,911,575~~ 0	79947
5860	725633	Scrap Tire Program	$	1,497,645	$	~~1,497,645~~ 0	79948
5B30	725674	Mining Regulation	$	28,135	$	28,135	79949
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	79950
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	79951
5CU0	725647	Mine Safety	$	3,000,000	$	3,000,000	79952
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	79953
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	79954
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	79955
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	79956
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	79957
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	79958
6150	725661	Dam Safety	$	925,344	$	926,028	79959
TOTAL SSR State Special Revenue							79960
Fund Group			$	76,073,745	$	~~74,296,185~~ 71,163,965	79961

Clean Ohio Conservation Fund Group	79962

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		79963
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		79964

Wildlife Fund Group	79965

5P20	725634	Wildlife Boater Angler Administration	$	4,000,000	$	4,000,000	79966
7015	740401	Division of Wildlife Conservation	$	52,721,044	$	51,669,158	79967
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	79968
8160	725649	Wetlands Habitat	$	966,885	$	966,885	79969
8170	725655	Wildlife Conservation Checkoff Fund	$	3,240,000	$	3,240,000	79970
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	79971
8190	725685	Ohio River Management	$	128,584	$	128,584	79972
TOTAL WLF Wildlife Fund Group			$	62,676,962	$	61,625,076	79973

Waterways Safety Fund Group	79974

7086	725414	Waterways Improvement	$	5,692,601	$	5,693,671	79975
7086	725418	Buoy Placement	$	52,182	$	52,182	79976
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	79977
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	79978
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	79979
7086	739401	Division of Watercraft	$	18,040,593	$	17,552,370	79980
TOTAL WSF Waterways Safety Fund							79981
Group			$	24,848,172	$	24,361,019	79982

Accrued Leave Liability Fund Group	79983

4M80	725675	FOP Contract	$	20,219	$	20,219	79984
TOTAL ALF Accrued Leave							79985
Liability Fund Group			$	20,219	$	20,219	79986

Holding Account Redistribution Fund Group	79987

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	79988
R043	725624	Forestry	$	2,000,000	$	2,154,750	79989
TOTAL 090 Holding Account							79990
Redistribution Fund Group			$	2,296,263	$	2,451,013	79991
TOTAL ALL BUDGET FUND GROUPS			$	302,590,591	$	~~318,033,095~~ 314,509,336	79992

Sec. 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

79994

General Services Fund Group	79995

5F60	870622	Utility and Railroad Regulation	$	30,637,234	$	31,638,708	79996
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	~~158,000~~ 100,000	79997
5F60	870625	Motor Transportation Regulation	$	4,976,641	$	~~5,971,218~~ 0	79998
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	79999
TOTAL GSF General Services							80000
Fund Group			$	40,771,875	$	~~42,767,926~~ 36,738,708	80001

Federal Special Revenue Fund Group	80002

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	80003
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	80004
3CU0	870627	Electric Market Modeling	$	91,183	$	0	80005
3EA0	870630	Energy Assurance Planning	$	384,000	$	384,000	80006
3ED0	870631	State Regulators Assistance	$	231,824	$	231,824	80007
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	80008
TOTAL FED Federal Special Revenue							80009
Fund Group			$	8,756,626	$	8,665,443	80010

State Special Revenue Fund Group	80011

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	80012
4L80	870617	Pipeline Safety-State	$	181,992	$	181,992	80013
4S60	870618	Hazardous Material Registration	$	450,395	$	~~450,395~~ 0	80014
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	~~373,346~~ 0	80015
4U80	870620	Civil Forfeitures	$	277,347	$	~~277,496~~ 0	80016
5590	870605	Public Utilities Territorial Administration	$	3,880	$	~~3,880~~ 0	80017
5600	870607	Special Assessment	$	97,000	$	~~97,000~~ 0	80018
5610	870606	Power Siting Board	$	631,508	$	~~631,618~~ 581,618	80019
5BP0	870623	Wireless 9-1-1 Administration	$	36,440,000	$	~~18,220,000~~ 17,757,250	80020
5HD0	870629	Radioactive Waste Transportation	$	98,800	$	~~98,800~~ 0	80021
5LT0	870640	Intrastate Registration	$	0	$	180,000	80022
5LT0	870641	Unified Carrier Registration	$	0	$	420,000	80023
5LT0	870642	Hazardous Materials Registration	$	0	$	823,741	80024
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	0	$	277,496	80025
5LT0	870644	Hazardous Materials Civil Forfeiture	$	0	$	898,800	80026
5LT0	870645	Motor Carrier Enforcement	$	0	$	5,401,318	80027
6380	870611	Biofuels/Municipal Waste Technology	$	570	$	0	80028
6610	870612	Hazardous Materials Transportation	$	898,800	$	~~898,800~~ 0	80029
TOTAL SSR State Special Revenue							80030
Fund Group			$	40,800,995	$	~~22,580,684~~ 27,869,572	80031
TOTAL ALL BUDGET FUND GROUPS			$	90,329,496	$	~~74,014,053~~ 73,273,723	80032

COMMUNITY-VOICEMAIL SERVICE PILOT PROGRAM

80033

The Community-voicemail Service Pilot Program assessments	80034
authorized by Section 6 of Sub. S.B. 162 of the 128th General	80035
Assembly shall cease. These assessments shall be refunded without	80036
interest to those assessed under the program by the Public	80037
Utilities Commission within 60 days of the effective date of this	80038
section.	80039

FUND ADJUSTMENTS

80040

On July 1, 2012, or as soon as practicable thereafter, the	80041
Director of Budget and Management shall transfer the cash balances	80042
in the Hazardous Materials Registration Fund (Fund 4S60) and the	80043
Base State Registration Fund (Fund 4G40) to the Public Utilities	80044
Transportation Safety Fund (Fund 5LT0). The Director shall cancel	80045
any existing encumbrances against appropriation items 870618,	80046
Hazardous Material Registration, and 870621, Hazardous Materials	80047
Base State Registration, and reestablish them against	80048
appropriation item 870642, Hazardous Materials Registration. The	80049
amounts of the reestablished encumbrances are hereby appropriated.	80050
Upon completion of these transfers, the Hazardous Materials	80051
Registration Fund (Fund 4S60) and the Base State Registration Fund	80052
(Fund 4G40) are hereby abolished.	80053

On July 1, 2012, or as soon as practicable thereafter, the	80054
Director of Budget and Management shall transfer the cash balance	80055
in the Transportation Enforcement Fund (Fund 4U80) to the Public	80056
Utilities Transportation Safety Fund (Fund 5LT0). The Director	80057
shall cancel any existing encumbrances against appropriation item	80058
870620, Civil Forfeitures, and reestablish them against	80059
appropriation item 870643, Nonhazardous Materials Civil	80060
Forfeitures. The amounts of the reestablished encumbrances are	80061
hereby appropriated. Upon completion of these transfers, the	80062
Transportation Enforcement Fund (Fund 4U80) is hereby abolished.	80063

On July 1, 2012, or as soon as practicable thereafter, the	80064
Director of Budget and Management shall transfer the cash balance	80065
in the Radioactive Waste Transportation Fund (Fund 5HD0) to the	80066
Public Utilities Transportation Safety Fund (Fund 5LT0). The	80067
Director shall cancel any existing encumbrances against	80068
appropriation item 870629, Radioactive Waste Transportation, and	80069
reestablish them against appropriation item 870645, Motor Carrier	80070
Enforcement. The amounts of the reestablished encumbrances are	80071
hereby appropriated. Upon completion of these transfers, the	80072
Radioactive Waste Transportation Fund (Fund 5HD0) is hereby	80073
abolished.	80074

On July 1, 2012, or as soon as practicable thereafter, the	80075
Director of Budget and Management shall transfer the cash balance	80076
in the Hazardous Materials Transportation Fund (Fund 6610) to the	80077
Public Utilities Transportation Safety Fund (Fund 5LT0). The	80078
Director shall cancel any existing encumbrances against	80079
appropriation item 870612, Hazardous Materials Transportation, and	80080
reestablish them against appropriation item 870644, Hazardous	80081
Materials Civil Forfeitures. The amounts of the reestablished	80082
encumbrances are hereby appropriated. Upon completion of these	80083
transfers, the Hazardous Materials Transportation Fund (Fund 6610)	80084
is hereby abolished.	80085

On July 1, 2012, or as soon as practicable thereafter, the	80086
Director of Budget and Management shall transfer cash in an amount	80087
up to $21,000,000 from the Public Utilities Fund (Fund 5F60) to	80088
the Public Utilities Transportation Safety Fund (Fund 5LT0). The	80089
Director shall cancel any existing encumbrances against	80090
appropriation item 870625, Motor Transportation Regulation, and	80091
reestablish encumbrances or parts of encumbrances as needed in the	80092
fiscal year in the appropriate fund and appropriation item for the	80093
same purpose and to the same vendor. The amounts of the	80094
reestablished encumbrances are hereby appropriated.	80095

The fund created by division (E) of section 4921.21 of the	80096
Revised Code is the same fund, with the same name, as the Motor	80097
Carrier Safety Fund (Fund 3500).	80098

The fund created by division (D) of section 4921.21 of the	80099
Revised Code is the same fund, with the same name, as the	80100
Commercial Vehicle Transportation Systems Fund (Fund 3V30).	80101

Sec. 367.10. PWC PUBLIC WORKS COMMISSION

80102

General Revenue Fund	80103

GRF	150904	Conservation General Obligation Debt Service	$	21,953,000	$	29,297,300	80104
GRF	150907	State Capital Improvements	$	106,770,600	$	~~215,571,100~~ 208,571,100	80105
		General Obligation Debt Service					80106
TOTAL GRF General Revenue Fund			$	128,723,600	$	~~244,868,400~~ 237,868,400	80107

Clean Ohio Conservation Fund Group	80108

7056	150403		Clean Ohio Operating Expenses		$	300,000		$	288,980		80109
TOTAL 056 Clean Ohio Conservation Fund Group					$	300,000		$	288,980		80110

TOTAL ALL BUDGET FUND GROUPS

129,023,600

~~245,157,380~~ 238,157,380

80111

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

80112

The foregoing appropriation item 150904, Conservation General	80113
Obligation Debt Service, shall be used to pay all debt service and	80114
related financing costs during the period from July 1, 2011,	80115
through June 30, 2013, at the times they are required to be made	80116
for obligations issued under sections 151.01 and 151.09 of the	80117
Revised Code.	80118

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

80119

The foregoing appropriation item 150907, State Capital	80120
Improvements General Obligation Debt Service, shall be used to pay	80121
all debt service and related financing costs during the period	80122
from July 1, 2011, through June 30, 2013, at the times they are	80123
required to be made for obligations issued under sections 151.01	80124
and 151.08 of the Revised Code.	80125

CLEAN OHIO OPERATING EXPENSES

80126

The foregoing appropriation item 150403, Clean Ohio Operating	80127
Expenses, shall be used by the Ohio Public Works Commission in	80128
administering Clean Ohio Conservation Fund (Fund 7056) projects	80129
pursuant to sections 164.20 to 164.27 of the Revised Code.	80130

REIMBURSEMENT TO THE GENERAL REVENUE FUND

80131

(A) On or before July 15, 2013, the Director of the Public	80132
Works Commission shall certify to the Director of Budget and	80133
Management the following:	80134

(1) The total amount disbursed from appropriation item	80135
700409, Farmland Preservation, during the FY 2012-FY 2013	80136
biennium; and	80137

(2) The amount of interest earnings that have been credited	80138
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	80139
of the amount needed for other purposes as calculated by the	80140
Director of the Public Works Commission.	80141

(B) If the Director of Budget and Management determines under	80142
division (A)(2) of this section that there are excess interest	80143
earnings, the Director of Budget and Management shall, on or	80144
before July 15, 2013, transfer the excess interest earnings to the	80145
General Revenue Fund in an amount equal to the total amount	80146
disbursed under division (A)(1) of this section from the Clean	80147
Ohio Conservation Fund (Fund 7056).	80148

Sec. 369.10. RAC STATE RACING COMMISSION

80149

State Special Revenue Fund Group	80150

5620	875601	Thoroughbred Race Fund	$	1,796,328	$	1,696,456	80151
5630	875602	Standardbred Development Fund	$	1,697,418	$	1,697,452	80152
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	80153
5650	875604	Racing Commission Operating	$	3,095,331	$	2,934,178	80154
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	80155
5JK0	875610	Racing Commission Fund	$	339,919	$	8,169,547	80156
TOTAL SSR State Special Revenue							80157
Fund Group			$	~~18,590,078~~ 18,929,996	$	~~18,329,087~~ 26,498,633	80158

Holding Account Redistribution Fund Group	80159

R021	875605	Bond Reimbursements	$	100,000	$	100,000	80160
TOTAL 090 Holding Account Redistribution							80161
Fund Group			$	100,000	$	100,000	80162
TOTAL ALL BUDGET FUND GROUPS			$	~~18,690,078~~ 19,029,996	$	~~18,429,087~~ 26,598,633	80163

Sec. 371.10. BOR BOARD OF REGENTS

80165

General Revenue Fund	80166

GRF	235321	Operating Expenses	$	2,300,000	$	2,300,000	80167
GRF	235401	Lease Rental Payments	$	83,151,600	$	57,634,400	80168
GRF	235402	Sea Grants	$	285,000	$	285,000	80169
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	80170
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	80171
GRF	235409	HEI Information System	$	800,000	$	800,000	80172
GRF	235414	State Grants and Scholarship Administration	$	1,230,000	$	1,230,000	80173
GRF	235417	~~Ohio Learning Network~~ eStudent Services	$	2,532,688	$	2,532,688	80174
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	80175
GRF	235433	Economic Growth Challenge	$	440,000	$	440,000	80176
GRF	235438	Choose Ohio First Scholarship	$	15,750,085	$	15,750,085	80177
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	80178
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	80179
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	80180
GRF	235501	State Share of Instruction	$	1,735,530,031	$	1,751,225,497	80181
GRF	235502	Student Support Services	$	632,974	$	632,974	80182
GRF	235504	War Orphans Scholarships	$	4,787,833	$	4,787,833	80183
GRF	235507	OhioLINK	$	6,100,000	$	6,100,000	80184
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	80185
GRF	235510	Ohio Supercomputer Center	$	3,347,418	$	3,347,418	80186
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	80187
GRF	235514	Central State Supplement	$	11,503,651	$	10,928,468	80188
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	80189
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	80190
GRF	235520	Shawnee State Supplement	$	2,448,523	$	2,326,097	80191
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	80192
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	80193
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	80194
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	80195
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	80196
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	80197
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	80198
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	80199
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	80200
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	80201
GRF	235552	Capital Component	$	20,638,274	$	~~20,638,274~~ 13,628,639	80202
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	80203
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	80204
GRF	235558	Long-term Care Research	$	195,300	$	195,300	80205
GRF	235563	Ohio College Opportunity Grant	$	80,284,265	$	80,284,265	80206
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	80207
GRF	235599	National Guard Scholarship Program	$	16,912,271	$	18,143,293	80208
GRF	235909	Higher Education General Obligation Debt Service	$	108,262,500	$	201,555,000	80209
TOTAL GRF General Revenue Fund			$	2,226,105,156	$	~~2,310,109,335~~ 2,303,099,700	80210

General Services Fund Group	80211

2200	235614	Program Approval and Reauthorization	$	1,311,567	$	1,457,959	80212
4560	235603	Sales and Services	$	199,250	$	199,250	80213
5JC0	235649	Co-op Internship Program	$	12,000,000	$	12,000,000	80214
5JC0	235667	Ohio College Opportunity Grant-Proprietary	$	6,000,000	$	6,000,000	80215
5JC0	235668	Air Force Institute of Technology - Defense/Aerospace Graduate Studies Institute	$	4,000,000	$	4,000,000	80216
TOTAL GSF General Services							80217
Fund Group			$	23,510,817	$	23,657,209	80218

Federal Special Revenue Fund Group	80219

3120	235609	Tech Prep	$	183,850	$	~~183,850~~ 0	80220
3120	235611	Gear-up Grant	$	3,900,000	$	~~3,900,000~~ 50,000	80221
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	80222
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	80223
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	80224
3120	235659	Race to the Top Scholarship Program	$	2,400,000	$	~~3,780,000~~ 0	80225
3120	235660	Race to the Top Educator Preparation Reform Initiative	$	448,000	$	~~1,120,000~~ 0	80226
3120	235661	Americorps Grant	$	260,000	$	~~260,000~~ 0	80227
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	80228
3N60	235638	College Access Challenge Grant	$	4,381,431	$	4,381,431	80229
TOTAL FED Federal Special Revenue							80230
Fund Group			$	34,021,913	$	~~36,073,913~~ 26,880,063	80231

State Special Revenue Fund Group	80232

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	80233
5FR0	235640	~~Joyce Foundation~~ Shifting Gears Grant	$	919,719	$	919,719	80234
5FR0	235647	Developmental Education Initiatives	$	135,000	$	135,000	80235
5FR0	235657	Win-Win Grant	$	37,000	$	15,000	80236
5P30	235663	Variable Savings Plan	$	8,946,994	$	9,072,136	80237
6450	235664	Guaranteed Savings Plan	$	900,293	$	907,514	80238
6820	235606	Nursing Loan Program	$	891,320	$	891,320	80239
TOTAL SSR State Special Revenue							80240
Fund Group			$	11,859,426	$	11,969,789	80241

Third Frontier Research & Development Fund Group	80242

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	80243
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	80244
TOTAL ALL BUDGET FUND GROUPS			$	2,303,497,312	$	~~2,389,810,246~~ 2,373,606,761	80245

Sec. 371.60.80. (A) The Ohio Digital Learning Task Force is	80247
hereby established to develop a strategy for the expansion of	80248
digital learning that enables students to customize their	80249
education, produces cost savings, and meets the needs of Ohio's	80250
economy. The Task Force shall consist of the following members:	80251

(1) The Chancellor of the Ohio Board of Regents or the	80252
Chancellor's designee;	80253

(2) The Superintendent of Public Instruction or the	80254
Superintendent's designee;	80255

(3) The Director of the Governor's Office of 21st Century	80256
Education or the Director's designee;	80257

(4) Up to six members appointed by the Governor, who shall be	80258
representatives of school districts or community schools,	80259
established under Chapter 3314. of the Revised Code, that are	80260
high-performing of their type and have demonstrated the ability to	80261
incorporate technology into the classroom successfully;	80262

(5) A member appointed by the President of the Senate;

80263

(6) A member appointed by the Speaker of the House of	80264
Representatives.	80265

(B) Members of the Task Force shall be appointed not later	80266
than sixty days after the effective date of this section.	80267
Vacancies on the Task Force shall be filled in the same manner as	80268
the original appointments. Members shall serve without	80269
compensation.	80270

(C) The Governor shall designate the chairperson of the Task	80271
Force. All meetings of the Task Force shall be held at the call of	80272
the chairperson.	80273

(D) The Task Force shall do all of the following:

80274

(1) Request information from textbook publishers about the	80275
development of digital textbooks and other new digital content	80276
distribution methods for use by primary, secondary, and	80277
post-secondary schools and institutions and examine that	80278
information;	80279

(2) Examine potential cost savings and efficiency of	80280
utilizing digital textbooks and other new digital content	80281
distribution methods in primary, secondary, and post-secondary	80282
schools and institutions;	80283

(3) Examine potential academic benefits of utilizing digital	80284
textbooks and other new digital content distribution methods,	80285
including, but not limited to, the ability to individualize	80286
content to specific student learning styles, accessibility for	80287
individuals with disabilities, and the integration of formative	80288
and other online assessments;	80289

(4) Examine digital content pilot programs and initiatives	80290
currently operating at primary, secondary, and post-secondary	80291
schools and institutions in Ohio, including, but not limited to,	80292
those financed in part with federal funds;	80293

(5) Examine any state-level initiatives to provide or	80294
facilitate use of digital content in primary, secondary, and	80295
post-secondary schools and institutions in Ohio.	80296

(E) The Task Force shall make recommendations regarding all	80297
of the following:	80298

(1) The creation of high quality digital content and	80299
instruction in grades kindergarten to twelve for free access by	80300
public and nonpublic schools and students receiving home	80301
instruction;	80302

(2) High quality professional development for teachers and	80303
principals providing online instruction or blended learning	80304
programs;	80305

(3) Funding strategies that create incentives for high	80306
performance, innovation, and options in course providers and	80307
delivery;	80308

(4) Student assessment and accountability;

80309

(5) Infrastructure to support digital learning;

80310

(6) Mobile learning and mobile learning applications;

80311

(7) The clearinghouse established under section 3333.82 of	80312
the Revised Code;	80313

(8) Ways to align the resources and digital learning	80314
initiatives of state agencies and offices;	80315

(9) Methods for removing redundancy and inefficiency in, and	80316
for providing coordination, of all digital learning programs,	80317
including the provision of free online instruction to public and	80318
nonpublic schools on a statewide basis;	80319

(10) Methods of addressing future changes in technology and	80320
learning.	80321

~~(E)~~(F) Not later than March 1, 2012, the Task Force shall	80322
issue a report of its findings and recommendations to the	80323
Governor, the President of the Senate, and the Speaker of the	80324
House of Representatives. ~~Upon issuance of~~After issuing its	80325
report, the Task Force shall monitor the implementation of its	80326
recommendations. Not later than June 30, 2013, the Task Force	80327
shall report to the Governor, the President of the Senate, and the	80328
Speaker of the House of Representatives whether digital learning	80329
is advancing in Ohio schools and submit any recommendations to	80330
further enhance the full deployment of useful digital learning	80331
programs and services. The Task Force shall cease to exist on June	80332
30, 2013.	80333

Sec. 373.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

80334

General Revenue Fund							80335
GRF	501321	Institutional Operations	$	909,547,156	$	866,592,589	80336
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	80337
GRF	501405	Halfway House	$	43,637,069	$	43,622,104	80338
GRF	501406	Lease Rental Payments	$	42,863,100	$	104,301,500	80339
GRF	501407	Community Nonresidential Programs	$	25,859,382	$	25,839,390	80340
GRF	501408	Community Misdemeanor Programs	$	14,906,800	$	14,906,800	80341
GRF	501501	Community Residential Programs - CBCF	$	62,692,785	$	62,477,785	80342
GRF	502321	Mental Health Services	$	58,525,816	$	51,778,513	80343
GRF	503321	Parole and Community Operations	$	68,197,272	$	63,783,848	80344
GRF	504321	Administrative Operations	$	21,996,504	$	20,085,474	80345
GRF	505321	Institution Medical Services	$	209,231,014	$	195,241,961	80346
GRF	506321	Institution Education Services	$	20,237,576	$	18,086,492	80347
GRF	507321	Institution Recovery Services	$	5,786,109	$	5,375,737	80348
TOTAL GRF General Revenue Fund			$	1,492,079,838	$	1,480,691,448	80349

General Services Fund Group	80350

1480	501602	~~Services and Agricultural~~ Institutional Services	$	3,579,250	$	3,584,263	80351
2000	501607	Ohio Penal Industries	$	38,000,000	$	38,000,000	80352
4830	501605	Property Receipts	$	182,723	$	182,086	80353
4B00	501601	Sewer Treatment Services	$	2,145,630	$	~~2,157,682~~ 2,057,682	80354
4D40	501603	Prisoner Programs	$	14,900,000	$	14,900,000	80355
4L40	501604	Transitional Control	$	1,168,843	$	~~1,213,120~~ 1,113,120	80356
4S50	501608	Education Services	$	2,376,041	$	2,359,775	80357
5710	501606	Training Academy Receipts	$	125,000	$	125,000	80358
5930	501618	Laboratory Services	$	6,665,137	$	6,664,729	80359
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	80360
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	80361
5L60	501611	Information Technology Services	$	600,000	$	~~600,000~~ 350,000	80362
TOTAL GSF General Services Fund Group			$	73,182,624	$	~~73,226,655~~ 72,776,655	80363

Federal Special Revenue Fund Group	80364

3230	501619	Federal Grants	$	9,013,558	$	9,180,703	80365
TOTAL FED Federal Special Revenue							80366
Fund Group			$	9,013,558	$	9,180,703	80367

TOTAL ALL BUDGET FUND GROUPS

1,574,276,020

~~1,563,098,806~~ 1,562,648,806

80368

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	80369
SENTENCING REFORMS	80370

For the purposes of implementing criminal sentencing reforms,	80371
and notwithstanding any other provision of law to the contrary,	80372
the Director of Budget and Management, at the request of the	80373
Director of Rehabilitation and Correction, may transfer up to	80374
$14,000,000 in appropriations, in each of fiscal years 2012 and	80375
2013, from appropriation item 501321, Institutional Operations, to	80376
any combination of appropriation items 501405, Halfway House;	80377
501407, Community Residential Programs; 501408, Community	80378
Misdemeanor Programs; and 501501, Community Residential Programs -	80379
CBCF.	80380

OHIO BUILDING AUTHORITY LEASE PAYMENTS

80381

The foregoing appropriation item 501406, Lease Rental	80382
Payments, shall be used to meet all payments at the times they are	80383
required to be made during the period from July 1, 2011, through	80384
June 30, 2013, by the Department of Rehabilitation and Correction	80385
to the Ohio Building Authority under the primary leases and	80386
agreements for those buildings made under Chapter 152. of the	80387
Revised Code. These appropriations are the source of funds pledged	80388
for bond service charges or obligations issued pursuant to Chapter	80389
152. of the Revised Code.	80390

OSU MEDICAL CHARGES

80391

Notwithstanding section 341.192 of the Revised Code, at the	80392
request of the Department of Rehabilitation and Correction, The	80393
Ohio State University Medical Center, including the James Cancer	80394
Hospital and Solove Research Institute and the Richard M. Ross	80395
Heart Hospital, shall provide necessary care to persons who are	80396
confined in state adult correctional facilities. The provision of	80397
necessary care shall be billed to the Department at a rate not to	80398
exceed the authorized reimbursement rate for the same service	80399
established by the Department of Job and Family Services under the	80400
Medical Assistance Program.	80401

CASH TRANSFER FROM INSTITUTIONAL SERVICES FUND TO OHIO PENAL	80402
INDUSTRIES FUND	80403

The Director of Budget and Management may transfer an amount	80404
not to exceed $4,000,000 in cash in fiscal year 2013 from the	80405
Institutional Services Fund (Fund 1480) to the Ohio Penal	80406
Industries Fund (Fund 2000).	80407

Sec. 375.10. RSC REHABILITATION SERVICES COMMISSION

80408

General Revenue Fund	80409

GRF	415402	Independent Living Council	$	252,000	$	252,000	80410
GRF	415406	Assistive Technology	$	26,618	$	26,618	80411
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	80412
GRF	415506	Services for People with Disabilities	$	12,777,884	$	12,777,884	80413
GRF	415508	Services for the Deaf	$	28,000	$	28,000	80414
TOTAL GRF General Revenue Fund			$	13,211,069	$	13,211,069	80415

General Services Fund Group	80416

4670	415609	Business Enterprise Operating Expenses	$	1,308,431	$	1,303,090	80417
TOTAL GSF General Services							80418
Fund Group			$	1,308,431	$	1,303,090	80419

Federal Special Revenue Fund Group	80420

3170	415620	Disability Determination	$	97,579,095	$	~~97,579,095~~ 87,579,095	80421
3790	415616	Federal - Vocational Rehabilitation	$	103,160,426	$	103,150,102	80422
3L10	415601	Social Security Personal Care Assistance	$	3,370,000	$	3,370,000	80423
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	80424
3L10	415608	Social Security Special Programs/Assistance	$	1,521,406	$	1,520,184	80425
3L40	415612	Federal Independent Living Centers or Services	$	652,222	$	652,222	80426
3L40	415615	Federal - Supported Employment	$	929,755	$	929,755	80427
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	2,137,338	$	2,137,338	80428
TOTAL FED Federal Special							80429
Revenue Fund Group			$	210,122,242	$	~~210,110,696~~ 200,110,696	80430

State Special Revenue Fund Group	80431

4680	415618	Third Party Funding	$	10,802,589	$	10,802,589	80432
4L10	415619	Services for Rehabilitation	$	3,700,000	$	3,700,000	80433
4W50	415606	Program Management Expenses	$	11,636,730	$	11,587,201	80434
TOTAL SSR State Special							80435
Revenue Fund Group			$	26,139,319	$	26,089,790	80436
TOTAL ALL BUDGET FUND GROUPS			$	250,781,061	$	~~250,714,645~~ 240,714,645	80437

INDEPENDENT LIVING COUNCIL

80438

The foregoing appropriation item 415402, Independent Living	80439
Council, shall be used to fund the operations of the State	80440
Independent Living Council and to support state independent living	80441
centers and independent living services under Title VII of the	80442
Independent Living Services and Centers for Independent Living of	80443
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	80444
U.S.C. 796d.	80445

Of the foregoing appropriation item 415402, Independent	80446
Living Council, $67,662 in each fiscal year shall be used as state	80447
matching funds for vocational rehabilitation innovation and	80448
expansion activities.	80449

ASSISTIVE TECHNOLOGY

80450

The total amount of the foregoing appropriation item 415406,	80451
Assistive Technology, shall be provided to Assistive Technology of	80452
Ohio to provide grants and assistive technology services for	80453
people with disabilities in the State of Ohio.	80454

OFFICE FOR PEOPLE WITH BRAIN INJURY

80455

The foregoing appropriation item 415431, Office for People	80456
with Brain Injury, shall be used to plan and coordinate	80457
head-injury-related services provided by state agencies and other	80458
government or private entities, to assess the needs for such	80459
services, and to set priorities in this area.	80460

Of the foregoing appropriation item 415431, Office for People	80461
with Brain Injury, $44,067 in each fiscal year shall be used as	80462
state matching funds to provide vocational rehabilitation services	80463
to eligible consumers.	80464

VOCATIONAL REHABILITATION SERVICES

80465

The foregoing appropriation item 415506, Services for People	80466
with Disabilities, shall be used as state matching funds to	80467
provide vocational rehabilitation services to eligible consumers.	80468

At the request of the Chancellor of the Board of Regents, the	80469
Director of Budget and Management may transfer any unexpended,	80470
unencumbered appropriation in fiscal year 2012 or fiscal year 2013	80471
from appropriation item 235502, Student Support Services, to	80472
appropriation item 415506, Services for People with Disabilities.	80473
Any appropriation so transferred shall be used by the Ohio	80474
Rehabilitation Services Commission to obtain additional federal	80475
matching funds to serve disabled students.	80476

SERVICES FOR THE DEAF

80477

The foregoing appropriation item 415508, Services for the	80478
Deaf, shall be used to provide grants to community centers for the	80479
deaf.	80480

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

80481

The foregoing appropriation item 415617, Independent	80482
Living/Vocational Rehabilitation Programs, shall be used to	80483
support vocational rehabilitation programs.	80484

SOCIAL SECURITY REIMBURSEMENT FUNDS

80485

Reimbursement funds received from the Social Security	80486
Administration, United States Department of Health and Human	80487
Services, for the costs of providing services and training to	80488
return disability recipients to gainful employment shall be	80489
expended from the Social Security Reimbursement Fund (Fund 3L10),	80490
to the extent funds are available, as follows:	80491

(A) Appropriation item 415601, Social Security Personal Care	80492
Assistance, to provide personal care services in accordance with	80493
section 3304.41 of the Revised Code;	80494

(B) Appropriation item 415605, Social Security Community	80495
Centers for the Deaf, to provide grants to community centers for	80496
the deaf in Ohio for services to individuals with hearing	80497
impairments; and	80498

(C) Appropriation item 415608, Social Security Special	80499
Programs/Assistance, to provide vocational rehabilitation services	80500
to individuals with severe disabilities who are Social Security	80501
beneficiaries, to enable them to achieve competitive employment.	80502
This appropriation item shall also be used to pay a portion of	80503
indirect costs of the Personal Care Assistance Program and the	80504
Independent Living Programs as mandated by federal OMB Circular	80505
A-87.	80506

PROGRAM MANAGEMENT EXPENSES

80507

The foregoing appropriation item 415606, Program Management	80508
Expenses, shall be used to support the administrative functions of	80509
the commission related to the provision of vocational	80510
rehabilitation, disability determination services, and ancillary	80511
programs.	80512

Sec. 379.10. RDF REVENUE DISTRIBUTION FUNDS

80513

Volunteer Firefighters' Dependents Fund	80514

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	80515
TOTAL 085 Volunteer Firefighters'							80516
Dependents Fund			$	300,000	$	300,000	80517
Agency Fund Group							80518
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	80519
5JG0	110633	Gross Casino Revenue County Fund	$	5,778,617	$	138,882,294	80520
5JH0	110634	Gross Casino Revenue County Student Fund	$	3,852,412	$	92,588,196	80521
5JJ0	110636	Gross Casino Revenue Host City Fund	$	566,531	$	13,615,911	80522
~~5JK0~~	~~875610~~	~~Ohio State Racing Commission Fund~~	$	~~339,919~~	$	~~8,169,547~~	80523
~~5JL0~~	~~038629~~	~~Problem Casino Gambling and Addictions Fund~~	$	~~226,612~~	$	~~5,446,364~~	80524
~~5JN0~~	~~055654~~	~~Ohio Law Enforcement Training Fund~~	$	~~226,612~~	$	~~5,446,364~~	80525
6080	001699	Investment Earnings	$	50,000,000	$	150,000,000	80526
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	80527
7063	110963	Permissive Tax Distribution	$	1,904,500,000	$	1,980,700,000	80528
7067	110967	School District Income Tax	$	317,000,000	$	330,000,000	80529
TOTAL AGY Agency Fund Group			$	~~2,286,590,703~~ 2,285,797,560	$	~~2,728,948,676~~ 2,709,886,401	80530

Holding Account Redistribution	80531

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	80532
TOTAL 090 Holding Account Redistribution Fund							80533
Revenue Distribution Fund Group			$	40,000,000	$	40,000,000	80534
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	80535
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	80536
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	80537
7054	110954	Local Government Property Tax Replacement - Utility	$	16,000,000	$	11,000,000	80538
7060	110960	Gasoline Excise Tax Fund	$	393,000,000	$	395,000,000	80539
7065	110965	Public Library Fund	$	354,000,000	$	345,000,000	80540
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	80541
7068	110968	State and Local Government Highway Distribution	$	193,000,000	$	196,000,000	80542
7069	110969	Local Government Fund	$	577,000,000	$	348,000,000	80543
7081	110981	Local Government Property Tax Replacement-Business	$	291,000,000	$	181,000,000	80544
7082	110982	Horse Racing Tax	$	100,000	$	100,000	80545
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	80546
TOTAL RDF Revenue Distribution							80547
Fund Group			$	2,410,800,000	$	2,062,800,000	80548
TOTAL ALL BUDGET FUND GROUPS			$	~~4,737,690,703~~ 4,736,897,560	$	~~4,832,048,676~~ 4,812,986,401	80549

ADDITIONAL APPROPRIATIONS

80550

Appropriation items in this section shall be used for the	80551
purpose of administering and distributing the designated revenue	80552
distribution funds according to the Revised Code. If it is	80553
determined that additional appropriations are necessary for this	80554
purpose, such amounts are hereby appropriated.	80555

GENERAL REVENUE FUND TRANSFERS

80556

Notwithstanding any provision of law to the contrary, in	80557
fiscal year 2012 and fiscal year 2013, the Director of Budget and	80558
Management may transfer from the General Revenue Fund to the Local	80559
Government Tangible Property Tax Replacement Fund (Fund 7081) in	80560
the Revenue Distribution Fund Group, those amounts necessary to	80561
reimburse local taxing units under section 5751.22 of the Revised	80562
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director	80563
of Budget and Management may make temporary transfers from the	80564
General Revenue Fund to ensure sufficient balances in the Local	80565
Government Tangible Property Tax Replacement Fund (Fund 7081) and	80566
to replenish the General Revenue Fund for such transfers.	80567

Sec. 387.10. SFC SCHOOL FACILITIES COMMISSION

80568

General Revenue Fund	80569

GRF	230908		Common Schools General Obligation Debt Service		$	150,604,900		$	~~341,919,400~~ 329,919,400		80570
TOTAL GRF General Revenue Fund					$	150,604,900		$	~~341,919,400~~ 329,919,400		80571

State Special Revenue Fund Group	80572

5E30	230644	Operating Expenses	$	8,950,000	$	8,550,000	80573
TOTAL SSR State Special Revenue							80574
Fund Group			$	8,950,000	$	8,550,000	80575
TOTAL ALL BUDGET FUND GROUPS			$	159,554,900	$	~~350,469,400~~ 338,469,400	80576

Sec. 403.10. TAX DEPARTMENT OF TAXATION

80578

General Revenue Fund	80579

GRF	110321	Operating Expenses	$	73,500,000	$	~~73,550,000~~ 72,814,500	80580
GRF	110404	Tobacco Settlement Enforcement	$	200,000	$	~~200,000~~ 198,000	80581
GRF	110412	Child Support Administration	$	15,804	$	~~15,804~~ 15,646	80582
GRF	110901	Property Tax Allocation - Taxation	$	610,900,000	$	616,000,000	80583
TOTAL GRF General Revenue Fund			$	684,615,804	$	~~689,765,804~~ 689,028,146	80584

General Services Fund Group	80585

2280	110628	Tax Reform System Implementation	$	13,638,008	$	~~13,642,176~~ 13,505,754	80586
4330	110602	Tape File Account	$	197,802	$	~~197,878~~ 195,899	80587
5AP0	110632	Discovery Project	$	2,445,799	$	~~2,445,657~~ 2,421,200	80588
5BW0	110630	Tax Amnesty Promotion and Administration	$	2,500,000	$	0	80589
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	80590
5N50	110605	Municipal Income Tax Administration	$	339,798	$	~~339,975~~ 336,575	80591
5N60	110618	Kilowatt Hour Tax Administration	$	150,000	$	~~150,000~~ 148,500	80592
5V80	110623	Property Tax Administration	$	12,195,733	$	~~12,099,303~~ 11,978,310	80593
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	~~200,000~~ 198,000	80594
5W70	110627	Exempt Facility Administration	$	50,000	$	~~50,000~~ 49,500	80595
TOTAL GSF General Services							80596
Fund Group			$	31,967,140	$	~~29,374,989~~ 29,083,738	80597

State Special Revenue Fund Group	80598

4350	110607	Local Tax Administration	$	19,028,339	$	~~19,225,941~~ 19,033,682	80599
4360	110608	Motor Vehicle Audit	$	1,474,081	$	~~1,474,353~~ 1,459,609	80600
4370	110606	Litter/Natural Resource Tax Administration	$	20,000	$	~~20,000~~ 19,800	80601
4380	110609	School District Income Tax	$	5,859,041	$	~~5,860,650~~ 5,802,044	80602
4C60	110616	International Registration Plan	$	689,296	$	~~689,308~~ 682,415	80603
4R60	110610	Tire Tax Administration	$	245,462	$	~~246,660~~ 244,193	80604
5V70	110622	Motor Fuel Tax Administration	$	5,384,254	$	~~5,086,236~~ 5,035,374	80605
6390	110614	Cigarette Tax Enforcement	$	1,384,217	$	~~1,384,314~~ 1,370,471	80606
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	80607
6880	110615	Local Excise Tax Administration	$	782,630	$	~~782,843~~ 775,015	80608
TOTAL SSR State Special Revenue							80609
Fund Group			$	35,367,320	$	~~35,270,305~~ 34,922,603	80610

Agency Fund Group	80611

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	80612
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	80613
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	80614

Holding Account Redistribution Fund Group	80615

R010	110611	Tax Distributions	$	50,000	$	50,000	80616
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	80617
TOTAL 090 Holding Account							80618
Redistribution Fund Group			$	100,000	$	100,000	80619
TOTAL ALL BUDGET FUND GROUPS			$	2,319,850,264	$	~~2,322,311,098~~ 2,320,934,487	80620

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

80621

The foregoing appropriation item 110901, Property Tax	80622
Allocation - Taxation, is hereby appropriated to pay for the	80623
state's costs incurred due to the Homestead Exemption, the	80624
Manufactured Home Property Tax Rollback, and the Property Tax	80625
Rollback. The Tax Commissioner shall distribute these funds	80626
directly to the appropriate local taxing districts, except for	80627
school districts, notwithstanding the provisions in sections	80628
321.24 and 323.156 of the Revised Code, which provide for payment	80629
of the Homestead Exemption, the Manufactured Home Property Tax	80630
Rollback, and Property Tax Rollback by the Tax Commissioner to the	80631
appropriate county treasurer and the subsequent redistribution of	80632
these funds to the appropriate local taxing districts by the	80633
county auditor.	80634

Upon receipt of these amounts, each local taxing district	80635
shall distribute the amount among the proper funds as if it had	80636
been paid as real property taxes. Payments for the costs of	80637
administration shall continue to be paid to the county treasurer	80638
and county auditor as provided for in sections 319.54, 321.26, and	80639
323.156 of the Revised Code.	80640

Any sums, in addition to the amounts specifically	80641
appropriated in appropriation item 110901, Property Tax Allocation	80642
- Taxation, for the Homestead Exemption, the Manufactured Home	80643
Property Tax Rollback, and the Property Tax Rollback payments,	80644
which are determined to be necessary for these purposes, are	80645
hereby appropriated.	80646

TAX AMNESTY PROMOTION AND ADMINISTRATION

80647

The foregoing appropriation item 110630, Tax Amnesty	80648
Promotion and Administration, shall be used to pay expenses	80649
incurred to promote and administer the tax amnesty program to be	80650
conducted from May 1, 2012, through June 15, 2012, by the	80651
Department of Taxation pursuant to Section 757.40 of ~~this act~~Am.	80652
Sub. H.B. 153 of the 129th General Assembly.	80653

MUNICIPAL INCOME TAX

80654

The foregoing appropriation item 110995, Municipal Income	80655
Tax, shall be used to make payments to municipal corporations	80656
under section 5745.05 of the Revised Code. If it is determined	80657
that additional appropriations are necessary to make such	80658
payments, such amounts are hereby appropriated.	80659

TAX REFUNDS

80660

The foregoing appropriation item 110635, Tax Refunds, shall	80661
be used to pay refunds under section 5703.052 of the Revised Code.	80662
If it is determined that additional appropriations are necessary	80663
for this purpose, such amounts are hereby appropriated.	80664

INTERNATIONAL REGISTRATION PLAN AUDIT

80665

The foregoing appropriation item 110616, International	80666
Registration Plan, shall be used under section 5703.12 of the	80667
Revised Code for audits of persons with vehicles registered under	80668
the International Registration Plan.	80669

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

80670

Of the foregoing appropriation item 110607, Local Tax	80671
Administration, the Tax Commissioner may disburse funds, if	80672
available, for the purposes of paying travel expenses incurred by	80673
members of Ohio's delegation to the Streamlined Sales Tax Project,	80674
as appointed under section 5740.02 of the Revised Code. Any travel	80675
expense reimbursement paid for by the Department of Taxation shall	80676
be done in accordance with applicable state laws and guidelines.	80677

CENTRALIZED TAX FILING AND PAYMENT FUND

80678

The Director of Budget and Management, under a plan submitted	80679
by the Tax Commissioner, or as otherwise determined by the	80680
Director of Budget and Management, shall set a schedule to	80681
transfer cash from the General Revenue Fund to the credit of the	80682
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	80683
of cash shall not exceed $400,000 in the biennium.	80684

TOBACCO SETTLEMENT ENFORCEMENT

80685

The foregoing appropriation item 110404, Tobacco Settlement	80686
Enforcement, shall be used by the Tax Commissioner to pay costs	80687
incurred in the enforcement of divisions (F) and (G) of section	80688
5743.03 of the Revised Code.	80689

Sec. 411.10. DVS DEPARTMENT OF VETERANS SERVICES

80690

General Revenue Fund	80691

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	80692
GRF	900402	Hall of Fame	$	107,075	$	107,075	80693
GRF	900408	Department of Veterans Services	$	1,901,823	$	~~1,901,823~~ 2,001,823	80694
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	5,486,600	$	10,112,100	80695
TOTAL GRF General Revenue Fund			$	34,865,444	$	~~39,490,944~~ 39,590,944	80696

General Services Fund Group	80697

4840	900603		Veterans' Homes Services		$	305,806		$	312,458		80698
TOTAL GSF General Services Fund Group					$	305,806		$	312,458		80699

Federal Special Revenue Fund Group	80700

3680	900614	Veterans Training	$	769,500	$	754,377	80701
3740	900606	Troops to Teachers	$	136,786	$	133,461	80702
3BX0	900609	Medicare Services	$	2,500,000	$	2,490,169	80703
3L20	900601	Veterans' Homes Operations - Federal	$	23,455,379	$	23,476,269	80704
TOTAL FED Federal Special Revenue							80705
Fund Group			$	26,861,665	$	26,854,276	80706

State Special Revenue Fund Group	80707

4E20	900602	Veterans' Homes Operating	$	10,117,680	$	10,319,078	80708
6040	900604	Veterans' Homes Improvement	$	347,598	$	398,731	80709
TOTAL SSR State Special Revenue							80710
Fund Group			$	10,465,278	$	10,717,809	80711

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	80712

7041	900615	Veteran Bonus Program - Administration	$	1,605,410	$	1,147,703	80713
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	25,425,000	$	24,300,000	80714
TOTAL 041 Persian Gulf,							80715
Afghanistan, and Iraq							80716
Compensation Fund Group			$	27,030,410	$	25,447,703	80717
TOTAL ALL BUDGET FUND GROUPS			$	99,528,603	$	~~102,823,190~~ 102,923,190	80718

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	80719
OBLIGATION DEBT SERVICE	80720

The foregoing appropriation item 900901, Persian Gulf,	80721
Afghanistan and Iraq Compensation Debt Service, shall be used to	80722
pay all debt service and related financing costs during the period	80723
from July 1, 2011, through June 30, 2013, on obligations issued	80724
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	80725
purposes under sections 151.01 and 151.12 of the Revised Code.	80726

Sec. 415.10. DYS DEPARTMENT OF YOUTH SERVICES

80727

General Revenue Fund	80728

GRF	470401	RECLAIM Ohio	$	168,716,967	$	162,362,228	80729
GRF	470412	Lease Rental Payments	$	10,221,800	$	27,230,100	80730
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	80731
GRF	472321	Parole Operations	$	10,830,019	$	10,583,118	80732
GRF	477321	Administrative Operations	$	12,222,051	$	11,855,389	80733
TOTAL GRF General Revenue Fund			$	218,693,565	$	228,733,563	80734

General Services Fund Group	80735

1750	470613	Education Reimbursement	$	8,160,277	$	~~8,151,056~~ 6,251,056	80736
4790	470609	Employee Food Service	$	150,000	$	150,000	80737
4A20	470602	Child Support	$	450,000	$	400,000	80738
4G60	470605	General Operational Funds	$	125,000	$	125,000	80739
5BN0	470629	E-Rate Program	$	535,000	$	535,000	80740
TOTAL GSF General Services							80741
Fund Group			$	9,420,277	$	~~9,361,056~~ 7,461,056	80742

Federal Special Revenue Fund Group	80743

3210	470601	Education	$	1,774,469	$	1,517,840	80744
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	80745
3210	470606	Nutrition	$	1,747,432	$	~~1,704,022~~ 1,400,000	80746
3210	470610	Rehabilitation Programs	$	36,000	$	~~36,000~~ 0	80747
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	80748
3BY0	470635	Federal Juvenile Programs FFY 07	$	56,471	$	2,000	80749
3BZ0	470636	Federal Juvenile Programs FFY 08	$	82,000	$	1,618	80750
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	300,730	80751
3CR0	470639	Federal Juvenile Programs FFY 10	$	800,000	$	479,900	80752
3FB0	470641	Federal Juvenile Programs FFY 11	$	135,000	$	600,000	80753
3FC0	470642	Federal Juvenile Programs FFY 12	$	0	$	135,000	80754
3V50	470604	Juvenile Justice/Delinquency Prevention	$	2,010,000	$	2,000,000	80755
TOTAL FED Federal Special Revenue							80756
Fund Group			$	13,441,372	$	~~13,077,110~~ 12,737,088	80757

State Special Revenue Fund Group	80758

1470	470612	Vocational Education	$	762,126	$	758,210	80759
TOTAL SSR State Special Revenue							80760
Fund Group			$	762,126	$	758,210	80761
TOTAL ALL BUDGET FUND GROUPS			$	242,317,340	$	~~251,929,939~~ 249,689,917	80762

COMMUNITY PROGRAMS

80763

For purposes of implementing juvenile sentencing reforms, and	80764
notwithstanding any provision of law to the contrary, the	80765
Department of Youth Services may use up to forty-five per cent of	80766
the unexpended, unencumbered balance of the portion of	80767
appropriation item 470401, RECLAIM Ohio, that is allocated to	80768
juvenile correctional facilities in each fiscal year to expand	80769
Targeted RECLAIM, the Behavioral Health Juvenile Justice	80770
Initiative, and other evidence-based community programs.	80771

OHIO BUILDING AUTHORITY LEASE PAYMENTS

80772

The foregoing appropriation item 470412, Lease Rental	80773
Payments, shall be used to meet all payments at the times they are	80774
required to be made for the period from July 1, 2011, through June	80775
30, 2013, by the Department of Youth Services to the Ohio Building	80776
Authority under the leases and agreements for facilities made	80777
under Chapter 152. of the Revised Code. This appropriation is the	80778
source of funds pledged for bond service charges on related	80779
obligations issued pursuant to Chapter 152. of the Revised Code.	80780

EDUCATION REIMBURSEMENT

80781

The foregoing appropriation item 470613, Education	80782
Reimbursement, shall be used to fund the operating expenses of	80783
providing educational services to youth supervised by the	80784
Department of Youth Services. Operating expenses include, but are	80785
not limited to, teachers' salaries, maintenance costs, and	80786
educational equipment. This appropriation item may be used for	80787
capital expenses related to the education program.	80788

EMPLOYEE FOOD SERVICE AND EQUIPMENT

80789

Notwithstanding section 125.14 of the Revised Code, the	80790
foregoing appropriation item 470609, Employee Food Service, may be	80791
used to purchase any food operational items with funds received	80792
into the fund from reimbursements for state surplus property.	80793

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

80794

In collaboration with the county family and children first	80795
council, the juvenile court of that county that receives	80796
allocations from one or both of the foregoing appropriation items	80797
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	80798
portions of those allocations to a flexible funding pool as	80799
authorized by the section of ~~this act~~Am. Sub. H.B. 153 of the	80800
129th General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	80801
FUNDING POOL."	80802

Sec. 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	80803
BALANCES OF OPERATING APPROPRIATIONS	80804

(A) An unexpended balance of an operating appropriation or	80805
reappropriation that a state agency lawfully encumbered prior to	80806
the close of a fiscal year is hereby reappropriated on the first	80807
day of July of the following fiscal year from the fund from which	80808
it was originally appropriated or reappropriated for the following	80809
period and shall remain available only for the purpose of	80810
discharging the encumbrance:	80811

(1) For an encumbrance for personal services, maintenance,	80812
equipment, or items for resale, other than an encumbrance for an	80813
item of special order manufacture not available on term contract	80814
or in the open market or for reclamation of land or oil and gas	80815
wells, for a period of not more than five months from the end of	80816
the fiscal year;	80817

(2) For an encumbrance for an item of special order	80818
manufacture not available on term contract or in the open market,	80819
for a period of not more than five months from the end of the	80820
fiscal year or, with the written approval of the Director of	80821
Budget and Management, for a period of not more than twelve months	80822
from the end of the fiscal year;	80823

(3) For an encumbrance for reclamation of land or oil and gas	80824
wells, for a period ending when the encumbered appropriation is	80825
expended or for a period of two years, whichever is less;	80826

(4) For an encumbrance for any other expense, for such period	80827
as the Director approves, provided such period does not exceed two	80828
years.	80829

(B) Any operating appropriations for which unexpended	80830
balances are reappropriated beyond a five-month period from the	80831
end of the fiscal year by division (A)(2) of this section shall be	80832
reported to the Controlling Board by the Director of Budget and	80833
Management by the thirty-first day of December of each year. The	80834
report on each such item shall include the item, the cost of the	80835
item, and the name of the vendor. The report shall be updated on a	80836
quarterly basis for encumbrances remaining open.	80837

(C) Upon the expiration of the reappropriation period set out	80838
in division (A) of this section, a reappropriation made by this	80839
section lapses, and the Director of Budget and Management shall	80840
cancel the encumbrance of the unexpended reappropriation not later	80841
than the end of the weekend following the expiration of the	80842
reappropriation period.	80843

(D) Notwithstanding division (C) of this section, with the	80844
approval of the Director of Budget and Management, an unexpended	80845
balance of an encumbrance that was reappropriated on the first day	80846
of July by this section for a period specified in division (A)(3)	80847
or (4) of this section and that remains encumbered at the close of	80848
the fiscal biennium is hereby reappropriated on the first day of	80849
July of the following fiscal biennium from the fund from which it	80850
was originally appropriated or reappropriated for the applicable	80851
period specified in division (A)(3) or (4) of this section and	80852
shall remain available only for the purpose of discharging the	80853
encumbrance.	80854

(E) The Director of Budget and Management may correct	80855
accounting errors committed by the staff of the Office of Budget	80856
and Management, such as re-establishing encumbrances or	80857
appropriations cancelled in error, during the cancellation of	80858
operating encumbrances in November and of nonoperating	80859
encumbrances in December.	80860

(F) The Director of Budget and Management may at any time	80861
correct accounting errors committed by the staff of a state	80862
institution of higher education, as defined in section 3345.011 of	80863
the Revised Code, such as reestablishing prior year nonoperating	80864
encumbrances canceled or modified in error. The reestablished	80865
encumbrance amounts are hereby appropriated.	80866

(G) If the Controlling Board approved a purchase, that	80867
approval remains in effect so long as the appropriation used to	80868
make that purchase remains encumbered.	80869

Sec. 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS

80870

(A) The Office of Internal Auditing within the Office of	80871
Budget and Management shall, in connection with its duties under	80872
sections 126.45 to 126.48 of the Revised Code, monitor and measure	80873
the effectiveness of funds allocated to the state as part of the	80874
federal American Recovery and Reinvestment Act of 2009. As such,	80875
the Office of Internal Auditing shall review how funds allocated	80876
to each state agency are spent. For purposes of this section,	80877
"state agency" has the same meaning as in division (A) of section	80878
126.45 of the Revised Code.	80879

In addition to the reports required under section 126.47 of	80880
the Revised Code, the Office of Internal Auditing shall ~~submit~~	80881
prepare a report of its findings for the period beginning July 1,	80882
2011, and ending December 31, 2011. The Office shall submit the	80883
report to the President of the Senate, Minority Leader of the	80884
Senate, Speaker of the House of Representatives, Minority Leader	80885
of the House of Representatives, and the Chairs of the committees	80886
in the Senate and House of Representatives handling finance and	80887
appropriations~~. The report shall be submitted every six months at~~	80888
~~the following intervals:~~	80889

~~(1) For the six-month period ending December 31, 2011, not~~	80890
~~later than~~by February 1, 2012;	80891

~~(2) For the six-month period ending June 30, 2012, not later~~	80892
~~than August 1, 2012;~~	80893

~~(3) For the six-month period ending December 31, 2012, not~~	80894
~~later than February 1, 2013;~~	80895

~~(4) For the six-month period ending June 30, 2013, not later~~	80896
~~than August 1, 2013~~.	80897

(B) When, as part of its compliance with the federal American	80898
Recovery and Reinvestment Act of 2009 requirements to monitor and	80899
measure the effectiveness of funds for which the state of Ohio is	80900
the prime recipient, and for which reporting authority has not	80901
been delegated to a ~~sub-recipient~~subrecipient, the Office of	80902
Budget and Management submits quarterly reports to the federal	80903
government, the Office of Budget and Management shall also submit	80904
those reports to the President of the Senate, Minority Leader of	80905
the Senate, Speaker of the House of Representatives, Minority	80906
Leader of the House of Representatives, and Chairs and ranking	80907
members of the committees in the Senate and House of	80908
Representatives handling finance and appropriations. The Office of	80909
Budget and Management shall continue to submit quarterly reports	80910
to the legislature for the duration of the period in which the	80911
state of Ohio is required to make reports to the federal	80912
government concerning Ohio's use of the federal American Recovery	80913
and Reinvestment Act of 2009 funds.	80914

Sec. 753.25. (A) The Governor is authorized to execute a deed	80915
in the name of the state conveying to the Board of County Hospital	80916
Trustees of The MetroHealth System ("MetroHealth"), in the name of	80917
the County of Cuyahoga, State of Ohio, its successors and assigns,	80918
all of the state's right, title, and interest in the following	80919
~~listed parcels of~~described real estate located in the County of	80920
Cuyahoga, State of Ohio: ~~00821- 008, 00821-009, 00821-010,~~	80921
~~00821-011, 00821-012, 00821-013, 00821-014, 00821-015, 00821-016,~~	80922
~~and 00821-017.~~	80923

~~In preparing the deed, the Auditor of State, with the~~	80924
~~assistance of the Attorney General, shall develop a legal~~	80925
~~description of the real estate in conformity with the actual~~	80926
~~bounds of the real estate.~~	80927

Parcel I	80928

Description of a 2.732 Acre Tract	80929

Located northerly of the intersection of South Point Drive and	80930
Ginger Court, Cleveland, Ohio.	80931

Situated in the City of Cleveland, County of Cuyahoga, State of	80932
Ohio, being part of the Original Brooklyn Township Lot No. 73,	80933
Range 13 West, Township 7 North of the Connecticut Western Reserve	80934
Survey and being all of a tract of land as conveyed to the State	80935
of Ohio by deed of record in Deed Volume 10350, Page 563 and being	80936
of all of sublot numbers 18 through 26 and part of sublot number	80937
27 as shown in the East View Addition by plat of record in Plat	80938
Volume 16, Page 19 as conveyed to the State of Ohio by deeds of	80939
records in Deed Volume 6640, Page 166; Deed Volume 6640, Page 168;	80940
Deed Volume 7285, Page 321; Deed Volume 7227, Page 11; Deed Volume	80941
7678, Page 487; Deed Volume 7627, Page 589; Deed Volume 7287, page	80942
718; Deed Volume 7285, page 319; Deed Volume 7420, Page 102; and	80943
Deed Volume 7638, Page 296 respectively; all record document	80944
references in this legal description being to the Recorder's	80945
Office, Cuyahoga County, Ohio and being more particularly bounded	80946
and described as follows:	80947

Beginning at the southwesterly corner of said sublot 18, at a	80948
southeasterly corner of a tract of land conveyed to the County of	80949
Cuyahoga, Ohio by deed of record in Automatic Filing Number	80950
(A.F.N.) 199911231424 and on the northerly right-of-way line of	80951
South Point Drive, 50 feet in width and also known as Aiken	80952
Avenue, said point also being the TRUE POINT OF BEGINNING of the	80953
herein described tract of land;	80954

01. Thence North 00°02'06" West, a distance of 362.37 along the	80955
extension of and the westerly line of said sublot number 18, along	80956
the westerly line of said State of Ohio tract as conveyed in Deed	80957
Volume 10350, Page 563 and along an easterly line of said County	80958
of Cuyahoga, Ohio tract to a point;	80959

02. Thence South 76°52' 15" East, a distance of 415.12 feet along	80960
the northerly line of said State of Ohio tract as conveyed in Deed	80961
Volume 10350, Page 563 and along a southerly line of said County	80962
of Cuyahoga, Ohio tract to a point;	80963

03. Thence South 13°06'56" West, a distance of 275.04 feet along	80964
the easterly line of said State of Ohio tract as conveyed in Deed	80965
Volume 10350, Page 563, along a westerly line of said County of	80966
Cuyahoga tract and along the westerly line of a tract of land as	80967
conveyed to the Board of Trustees of the Cuyahoga County Hospital	80968
by deed of record in Deed Volume 11670, Page 921 passing through	80969
said sublot number 27 to a point on the southerly line of said	80970
sublot number 27 and on the northerly right-of-way line of said	80971
South Point Drive;	80972

04. Thence South 89°57'54" West, a distance of 341.64 feet along	80973
the southerly lines of said sublot numbers 27, 26, 25, 24, 23, 22,	80974
21, 20, 19 and 18 and along the northerly line of said South Point	80975
Drive to the True Point of Beginning and containing 2.732 acres,	80976
more or less, and subject to all legal easements, restrictions,	80977
reservations, conditions and right-of-ways of previous record.	80978

The basis of bearing in this description is based on the	80979
centerline line of South Point Drive being	80980

North 89°58'22" East as recorded in the Map of Lot Split and	80981
Consolidation for The County of Cuyahoga in Plat Volume 300, Page	80982
30.	80983

This description is intended to describe Cuyahoga County Auditor's	80984
parcel numbers 008-21-008, 008-21-009, 008-21-010, 008-21-011,	80985
008-21-012, 008-21-013, 008-21-014, 008-21-015, 008-21 -016 and	80986
008-21-017.	80987

This description is based on a field survey made by Michael Benza	80988
& Associates, Inc. in October 2011 under project number 5290.	80989

Parcel 2	80990

Description of a 0.597 Acre Tract	80991

Located southwesterly of the intersection of South Point Drive and	80992
Ginger Court, Cleveland, Ohio.	80993

Situated in the City of Cleveland, County of Cuyahoga, State of	80994
Ohio, being part of the Original Brooklyn Township Lot No. 73,	80995
Range 13 West, Township 7 North of the Connecticut Western Reserve	80996
Survey and being of all of sublot numbers 32 through 38 and part	80997
of sublot number 39 as shown in the East View Addition by plat of	80998
record in Plat Volume 16, Page 19 as conveyed to the State of Ohio	80999
by deeds of records in Deed Volume 11317, Page 91; Deed Volume	81000
11369, Page 27; Deed Volume 12168, Page 997; Deed Volume 12117,	81001
Page 239; Deed Volume 11861, Page 587; Deed Volume 121 lI, Page	81002
951 and Deed Volume 11870, page 961; respectively; all record	81003
document references in this legal description being to the	81004
Recorder's Office, Cuyahoga County, Ohio and being more	81005
particularly bounded and described as follows:	81006

Beginning at the northeasterly corner of said sublot number 32, at	81007
the southwesterly corner of the intersection of South Point Drive,	81008
50 feet in width and also known as Aiken Avenue, and Ginger Court,	81009
12 feet in width, said point also being the TRUE POINT OF	81010
BEGINNING of the herein described tract of land;	81011

01. Thence South 02°57'49" West, a distance of 94.11 along the	81012
easterly line of said sublot number 32 and along the westerly	81013
right-of-way line of said Ginger Court to a point;	81014

02. Thence South 46°10'37" West, a distance of 8.77 feet along the	81015
southeasterly line of said sublot number 32 and along the	81016
northwesterly right-of-way line of said Ginger Court to a point;	81017

03. Thence South 89°58'22" West, a distance of 251.42 feet along	81018
the southerly lines of said sublot numbers 32 through 29 and along	81019
the northerly line of said Ginger Court to a point;	81020

04. Thence North 00°01'38" West, a distance of 100.05 feet along	81021
the westerly of line of the said tract of land conveyed to the	81022
State of Ohio by Deed Volume 11870, Page 961 and along the	81023
easterly line of the tract of land as conveyed to the County of	81024
Cuyahoga by deed of record in Deed Volume 12525, Page 665 to a	81025
point on the southerly right-of-way line of said South Point	81026
Drive;	81027

05. Thence North 89°58'18" East, a distance of 262.66 feet along	81028
the northerly lines of said sublot numbers 39, 38, 37, 36, 35, 34,	81029
33 and 32 and along the southerly line of said South Point Drive	81030
to the True Point of Beginning and containing 0.597 acres, more or	81031
less, and subject to all legal easements, restrictions,	81032
reservations, conditions and right-of-ways of previous record.	81033

The basis of bearing in this description is based on the	81034
centerline line of South Point Drive being North 89°57'55" East as	81035
recorded in the Map of Lot Split and Consolidation for The County	81036
of Cuyahoga in Plat Volume 300, Page 30.	81037

This description is intended to describe Cuyahoga County Auditor's	81038
parcel numbers 008-21-19, 008-21-020, 008-21-021, 008-21-022,	81039
008-21-023, 008-21-024 and 008-21-025.	81040

This description is based on a field survey made by Michael Benza	81041
& Associates, lnc in October 2011 under project number 5290.	81042

Parcel 3	81043

Description of a 0.035 Acre Tract	81044

Located southeasterly of the intersection of South Point Drive and	81045
Ginger Court, Cleveland, Ohio.	81046

Situated in the City of Cleveland, County of Cuyahoga, State of	81047
Ohio, being part of the Original Brooklyn Township Lot No. 73,	81048
Range 13 West, Township 7 North of the Connecticut Western Reserve	81049
Survey and being part of sublot numbers 29, 30 and 31 as shown in	81050
the East View Addition by plat of record in Plat Volume 16, Page	81051
19 as conveyed to the State of Ohio by deeds of records in Deed	81052
Volume 11177, Page 349; Deed Volume 11164, Page 285 and Deed	81053
Volume 11165, Page 113; respectively; all record document	81054
references in this legal description being to the Recorder's	81055
Office, Cuyahoga County, Ohio and being more particularly bounded	81056
and described as follows:	81057

Beginning at the northwesterly corner of said sublot number 29, at	81058
a southeasterly corner of the intersection of South Point Drive,	81059
50 feet in width and also known as Aiken Avenue, and Ginger Court,	81060
12 feet in width, said point also being the TRUE POINT OF	81061
BEGINNING of the herein described tract of land;	81062

01. Thence North 89°57'55" East, a distance of 15.85 along the	81063
northerly line of said sublot number 29 and along the southerly	81064
right-of-way line of said South Point Drive to a point on the	81065
northwesterly corner of a tract of land conveyed to the Cuyahoga	81066
County Commissioners, Cuyahoga County, Ohio by deed of record in	81067
Automatic Filing Number (A.F.N.) 199904160080, designated as State	81068
Parcel 3049EL;	81069

02. Thence along a curve to the right having a radius of 23.50	81070
feet, an arc length of 23.01 a chord bearing South 39°31'07" East	81071
and chord distance of 22.10 feet and along an easterly line of	81072
said Cuyahoga County Commissioners tract, passing through said	81073
sublot number 29 to a point;	81074

03. Thence along a curve to the right having a radius of 520.30	81075
feet, an arc length of 73.94 feet, a chord bearing of South	81076
27°33'59" West and a chord distance of 73.88 feet and along an	81077
easterly line of said Cuyahoga County Commissioners tract, passing	81078
through said sublot numbers 29, 30 and 31 to a point on the	81079
easterly right-of-way line of said Ginger Court;	81080

04. Thence North 02°57'49" East, a distance of 82.65 feet along	81081
the westerly of lines of said sublot numbers 31, 30 and 29 and	81082
along the easterly right-of-way line of said Ginger Court to the	81083
True Point of Beginning and containing 0.035 acres, more or less,	81084
and subject lo all legal easements, restrictions, reservations,	81085
conditions and right-of-ways of previous record.	81086

The basis of bearing in this description is based on the	81087
centerline line of South Point Drive being North 89°57'55" East as	81088
recorded in the Map of Lot Split and Consolidation for The County	81089
of Cuyahoga in Plat Volume 300, Page 30.	81090

This description is intended to describe Cuyahoga County Auditor's	81091
parcel numbers 008-21-074, 008-21-075 and 008-21-076.	81092

This description is based on a field survey made by Michael Benza	81093
& Associates, Inc. in October	81094

2011 under project number 5290.	81095

Parcel 4	81096

Description of a 0.494 Acre Tract	81097

Located northerly of the Eglindale Avenue, southerly of Ginger	81098
Court and easterly of Scranton Road Cleveland, Ohio.	81099

Situated in the City of Cleveland, County of Cuyahoga, State of	81100
Ohio, being part of the Original Brooklyn Township Lot No. 73,	81101
Range 13 West, Township 7 North of the Connecticut Western Reserve	81102
Survey and being all of sublot numbers 77 through 81 and being	81103
part of sublot numbers 82 and 83 as shown in the East View	81104
Addition by plat of record in Plat Volume 16, Page 19 as conveyed	81105
to the State of Ohio by deeds of records in Deed Volume 12789,	81106
Page 311; Deed Volume 12930, Page 567; Deed Volume 12781, Page	81107
999; Deed Volume 12902, Page 155; Deed Volume 12773, Page 135;	81108
Deed Volume 12777, Page 287 and Deed Volume 11362, Page 445;	81109
respectively; all record document references in this legal	81110
description being to the Recorder's Office, Cuyahoga County, Ohio	81111
and being more particularly bounded and described as follows:	81112

Beginning at the southwesterly corner of said sublot number 77 and	81113
on the northerly right-of-way line of Eglindale Avenue, 50 feet in	81114
width, said point also being the TRUE POINT OF BEGINNING of the	81115
herein described tract of land;	81116

01. Thence North 00º01'38" West, a distance of 100.02 along the	81117
westerly line of said sublot number 77 and along the easterly line	81118
of a tract of land as conveyed to the County of Cuyahoga by deed	81119
of record in Deed Volume 12527, Page 595 to a point on the	81120
southerly right-of-way line of Ginger Court;	81121

02. Thence North 89°58'22" East, a distance of 255.00 along the	81122
northerly lines of said sublot numbers 77 through 83 and along the	81123
southerly right-of-way line of Ginger Court to a point on an	81124
westerly line of a tract of land conveyed to the Cuyahoga County	81125
Commissioners, Cuyahoga County, Ohio by deed of record in	81126
Automatic Filing Number (A.F.N.) 199904160080, designated as State	81127
Parcel 3049EL;	81128

03. Thence South 38°37'28" West, a distance of 128.09 along an	81129
easterly line of said Cuyahoga County Commissioners tract, passing	81130
through said sublot numbers 82 and 83 to a point on the	81131
southeasterly corner of said sublot 81 and on the northerly	81132
right-of-way line of said Eglindale Avenue;	81133

04. Thence South 89°58'45" West, a distance of 175.00 feet along	81134
the southerly lines of said sublot numbers 81, 80, 79, 78 and 77	81135
and along the northerly right-of-way line of said Eglindale Avenue	81136
to the True Point of Beginning and containing 0.494 acres, more or	81137
less, and subject to all legal easements, restrictions,	81138
reservations, conditions and right-of- ways of previous record.	81139

The basis of bearing in this description is based on the	81140
centerline line of Eglindale Avenue being North 89°58'45" East as	81141
recorded in the Map of Lot Split and Consolidation for The County	81142
of Cuyahoga in Plat Volume 300, Page 30.	81143

This description is intended to describe Cuyahoga County Auditor's	81144
parcel numbers 008-21-040, 008-21-041,008-21-042, 008-21-043,	81145
008-21-044, 008-21-045 and 008-21-046.	81146

This description is based on a field survey made by Michael Benza	81147
& Associates, Inc. in October 2011 under project number 5290.	81148

This description may be modified to final form if modifications	81149
are needed.	81150

Authority to complete this conveyance is dependent upon the	81151
City of Cleveland's release of its reversionary interest in the	81152
property, where applicable.	81153

Notwithstanding ORC Chapter 5709, on the effective date of this	81154
section, any real estate taxes, interest, penalties, or	81155
assessments, if any, now payable or as a lien on the parcels of	81156
this section, are abated, remitted, and exempted.	81157

(B) Consideration for conveyance of the real estate shall be	81158
ten dollars.	81159

(C) The state shall convey the real estate described in	81160
division (A) of this section together with the building situated	81161
upon it, along with the amount of $3,400,000 to demolish the	81162
building. Notwithstanding any provision of law to the contrary,	81163
the Director of Mental Health shall disburse $3,400,000 from	81164
appropriation item C58010, Campus Consolidation, as set forth in	81165
Sub. H.B. 462 of the 128th General Assembly, to the grantee within	81166
thirty days after the conveyance of the real estate. After the	81167
disbursement, the state shall, within four months, complete a	81168
physical inventory of assets, relocate assets that are to be	81169
removed from the building, and itemize assets that are to remain	81170
with the transferred real estate and building.	81171

(D) The real estate described in division (A) of this section	81172
shall be sold as an entire tract and not in parcels.	81173

(E) The grantee shall pay all costs associated with the	81174
purchase and conveyance of the real estate, including costs of any	81175
surveys and recordation costs of the deed.	81176

(F) The grantee shall not, during any period that any bonds	81177
issued by the state to finance or refinance all or a portion of	81178
the real estate described in division (A) of this section are	81179
outstanding, use any portion of the real estate for a private	81180
business use without the prior written consent of the state. As	81181
used in this division:	81182

(1) "Private business use" means use, directly or indirectly,	81183
in a trade or business carried on by any private person other than	81184
use as a member of, and on the same basis as, the general public.	81185
Any activity carried on by a private person who is not a natural	81186
person shall be presumed to be a trade or business.	81187

(2) "Private person" means any natural person or any	81188
artificial person, including a corporation, partnership, limited	81189
liability company, trust, or other entity and including the United	81190
States or any agency or instrumentality of the United States, but	81191
excluding any state, territory, or possession of the United	81192
States, the District of Columbia, or any political subdivision	81193
thereof that is referred to as a "state or local governmental	81194
unit" in Treasury Regulation 1.103-1(a) and any person that is	81195
acting solely and directly as an officer or employee of or on	81196
behalf of such a governmental unit.	81197

(G) The grantee shall not sell, convey, or transfer ownership	81198
of the real estate described in division (A) of this section	81199
before December 1, 2019, or before receiving written confirmation	81200
from the state that all of the state's bonded capital indebtedness	81201
associated with any of the buildings located on the real estate	81202
has been fully satisfied.	81203

(H) The Auditor of State, with the assistance of the Attorney	81204
General, shall prepare a deed to the real estate. The deed shall	81205
state the consideration and the conditions and restrictions and	81206
shall be executed by the Governor in the name of the state,	81207
countersigned by the Secretary of State, sealed with the Great	81208
Seal of the State, presented in the Office of the Auditor of State	81209
for recording, and delivered to the grantee. The grantee shall	81210
present the deed for recording in the Office of the Cuyahoga	81211
County Recorder.	81212

(I) This section expires one year after its effective date.

81213

Section 601.41. That existing Sections 205.10, 207.10,	81214
207.10.80, 207.20.30, 207.20.90, 209.10, 209.20, 211.10, 215.10,	81215
223.10, 229.10, 243.10, 247.10, 263.10, 263.10.30, 263.10.90,	81216
263.20.40, 263.20.70, 267.10, 267.10.10, 267.10.20, 267.10.40,	81217
267.30.20, 267.30.40, 279.10, 291.10, 307.10, 309.10, 309.30.30,	81218
309.30.33, 309.35.73, 315.10, 327.10, 335.10, 343.10, 365.10,	81219
367.10, 369.10, 371.10, 371.60.80, 373.10, 375.10, 379.10, 387.10,	81220
403.10, 411.10, 415.10, 503.50, 521.70, and 753.25 of Am. Sub.	81221
H.B. 153 of the 129th General Assembly are hereby repealed.	81222

Section 601.50. That Section 4 of Sub. S.B. 171 of the 129th	81223
General Assembly be amended to read as follows:	81224

Sec. 4. The following agencies are retained under division	81225
(D) of section 101.83 of the Revised Code and expire on December	81226
31, 2016:	81227

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	81228
Academic Distress Commission	3302.10	81229
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	81230
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	81231
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	81232
Advisory Council of Directors for Prison Labor	5145.162	81233
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	81234
Advisory Committee on Livestock Exhibitions	901.71	81235
Agricultural Commodity Marketing Programs Operating Committees	924.07	81236
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	81237
Alternative Energy Advisory Committee	4928.64(D)	81238
AMBER Alert Advisory Committee	5502.521	81239
Apprenticeship Council	Chapter 4139.	81240
Armory Board of Control	5911.09, 5911.12	81241
Automated Title Processing Board	4505.09(C)(1)	81242
Backflow Advisory Board	3703.21	81243
Banking Commission	1123.01	81244
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	81245
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	81246
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	81247
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	81248
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	81249
Board of Governors of the Medical Liability Underwriting Association	3929.64	81250
Board of Voting Machines Examiners	3506.05	81251
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	81252
Brain Injury Advisory Committee	3304.231	81253
Bureau of Workers' Compensation Board of Directors	4121.12	81254
Capitol Square Review and Advisory Board	105.41	81255
Child Care Advisory Council	5104.08	81256
Child Support Guideline Advisory Council	3119.024	81257
Children's Trust Fund Board	3109.15 - 3109.17	81258
Citizen's Advisory Council	5123.092, 5123.093	81259
Clean Ohio Trail Advisory Board	1519.06	81260
Coastal Resources Advisory Council	1506.12	81261
Commission on African-American Males	4112.12, 4112.13	81262
Commission on Hispanic-Latino Affairs	121.31	81263
Commission on Minority Health	3701.78	81264
Committee on Prescriptive Governance	4723.49 - 4723.492	81265
Commodity Advisory Commission	926.32	81266
Consumer Advisory Committee to the Rehabilitation Services Commission	3304.24	81267
Continuing Education Committee	109.80(B)	81268
Council on Alcohol and Drug Addiction Services	3793.09	81269
Council on Unreclaimed Strip Mined Lands	1513.29	81270
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	81271
Credential Review Board	3319.65	81272
Credit Union Council	1733.329	81273
Criminal Sentencing Advisory Committee	181.22	81274
Data Collection and Analysis Group	3727.32	81275
Dentist Loan Repayment Advisory Board	3702.92	81276
Department Advisory Council(s)	107.18, 121.13	81277
Development Financing Advisory Council	122.40, 122.41	81278
Early Childhood Advisory Council	3301.90	81279
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	81280
Education Management Information System Advisory Board	3301.0713	81281
Educator Standards Board	3319.60	81282
Electrical Safety Inspector Advisory Committee	3783.08	81283
Emergency Response Commission	3750.02	81284
Engineering Experiment Station Advisory Committee	3335.27	81285
Environmental Education Council	3745.21	81286
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	81287
eTech Ohio Commission	3353.02 - 3353.04	81288
Ex-Offender Reentry Coalition	5120.07	81289
Farmland Preservation Advisory Board	901.23	81290
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	81291
Financial Planning and Supervision Commission for a school district	3316.05	81292
Forestry Advisory Council	1503.40	81293
Governance Authority for a State University or College	3345.75	81294
Governor's Council on People with Disabilities	3303.41	81295
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	81296
Governor's Residence Advisory Commission	107.40	81297
Grain Marketing Program Operating Committee	924.20 - 924.30	81298
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	81299
Gubernatorial Transition Committee	107.29, 126.26	81300
Help Me Grow Advisory Council	3701.611	81301
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	81302
Homeland Security Advisory Council	5502.011(E)	81303
Hospital Measures Advisory Council	3727.31	81304
Housing Trust Fund Advisory Committee	174.06	81305
Industrial Commission Nominating Council	4121.04	81306
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	81307
Infant Hearing Screening Subcommittee	3701.507	81308
Infection Control Group	3727.312(D)	81309
Insurance Agent Education Advisory Council	3905.483	81310
Interstate Rail Passenger Advisory Council	4981.35	81311
Joint Select Committee on Volume Cap	133.021	81312
Labor-Management Government Advisory Council	4121.70	81313
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	81314
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	81315
Maternity and Newborn Advisory Council	3711.20, 3711.21	81316
Medically Handicapped Children's Medical Advisory Council	3701.025	81317
Midwest Interstate Passenger Rail Compact Commission	4981.361	81318
Milk Sanitation Board	917.03 - 917.032	81319
Mine Subsidence Insurance Governing Board	3929.51	81320
Minority Development Financing Advisory Board	122.72, 122.73	81321
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	81322
National Museum of Afro-American History and Culture Planning Committee	149.303	81323
New African Immigrants Commission	4112.31, 4112.32	81324
Ohio Accountability Task Force	3302.021(E)	81325
Ohio Advisory Council for the Aging	173.03	81326
Ohio Agriculture License Plate Scholarship Fund Board	901.90	81327
Ohio Arts Council	Chapter 3379.	81328
Ohio Business Gateway Steering Committee	5703.57	81329
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	81330
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	81331
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	81332
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	81333
Ohio Commission on Fatherhood	5101.34	81334
Ohio Community Service Council	121.40 - 121.404	81335
Ohio Council for Interstate Adult Offender Supervision	5149.22	81336
Ohio Cultural Facilities Commission	Chapter 3383.	81337
Ohio Cystic Fibrosis Legislative Task Force	101.38	81338
Ohio Developmental Disabilities Council	5123.35	81339
Ohio Expositions Commission	991.02	81340
Ohio Family and Children First Cabinet Council	121.37	81341
Ohio Geographically Referenced Information Program Council	125.901, 125.902	81342
Ohio Geology Advisory Council	1501.11	81343
Ohio Grape Industries Committee	924.51 - 924.55	81344
Ohio Historic Site Preservation Advisory Board	149.301	81345
Ohio Historical Society Board of Trustees	149.30	81346
Ohio Judicial Conference	105.91 - 105.97	81347
Ohio Lake Erie Commission	1506.21	81348
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	81349
Ohio Medical Quality Foundation	3701.89	81350
Ohio Parks and Recreation Council	1541.40	81351
Ohio Peace Officer Training Commission	109.71, 109.72	81352
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	81353
Ohio Public Defender Commission	120.01 - 120.03	81354
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	81355
Ohio Quarter Horse Development Commission	3769.086	81356
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	81357
Ohio Soil and Water Conservation Commission	1515.02	81358
Ohio Standardbred Development Commission	3769.085	81359
Ohio Subrogation Rights Commission	2323.44	81360
Ohio Thoroughbred Racing Advisory Committee	3769.084	81361
Ohio Transportation Finance Commission	5531.12(B) to (D)	81362
Ohio Tuition Trust Authority	3334.03, 3334.08	81363
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	81364
Ohio Vendors Representative Committee	3304.34, 20 USC 107	81365
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	81366
Ohio Water Advisory Council	1521.031	81367
Ohio Water Resources Council Advisory Group	1521.19	81368
Ohio Water Resources Council	1521.19	81369
Oil and Gas Commission	1509.35	81370
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	81371
Organized Crime Investigations Commission	177.01	81372
Pharmacy and Therapeutics Committee of the Department of Job and Family Services	5111.084	81373
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	81374
Physician Loan Repayment Advisory Board	3702.81	81375
Power Siting Board	4906.02	81376
Prequalification Review Board	5525.07	81377
Private Water Systems Advisory Council	3701.346	81378
~~Public Health Council~~	~~3701.33, 3701.34~~	81379
Public Utilities Commission Nominating Council	4901.021	81380
Public Utility Property Tax Study Committee	5727.85(K)	81381
Radiation Advisory Council	3748.20	81382
Reclamation Commission	1513.05	81383
Reclamation Forfeiture Fund Advisory Board	1513.182	81384
Recreation and Resources Commission	1501.04	81385
Recycling and Litter Prevention Advisory Council	1502.04	81386
School and Ministerial Lands Divestiture Committee	501.041	81387
Savings and Loan Associations and Savings Banks Board	1181.16	81388
Second Chance Trust Fund Advisory Committee	2108.35	81389
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	81390
Ski Tramway Board	4169.02	81391
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	81392
Solid Waste Management Advisory Council	3734.51	81393
Special Commission to Consider the Suspension of Local Government Officials	3.16	81394
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	81395
State Agency Coordinating Group	1521.19	81396
State Audit Committee	126.46	81397
State Council of Uniform State Laws	105.21 - 105.27	81398
State Criminal Sentencing Commission	181.22 - 181.26	81399
State Fire Council	3737.81	81400
State Library Board	3375.01	81401
State Victims Assistance Advisory Council	109.91(B) and (C)	81402
Statewide Consortium of County Law Library Resource Boards	3375.481	81403
STEM Committee	3326.02	81404
Student Tuition Recovery Authority	3332.081	81405
Sunset Review Committee	101.84 - 101.87	81406
Tax Credit Authority	122.17(M)	81407
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	81408
Technical Advisory Council on Oil and Gas	1509.38	81409
Transportation Review Advisory Council	5512.07 - 5512.09	81410
Unemployment Compensation Advisory Council	4141.08	81411
Unemployment Compensation Review Commission	4141.06	81412
Veterans Advisory Committee	5902.02(K)	81413
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	81414
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	81415
Water and Sewer Commission	1525.11(C)	81416
Waterways Safety Council	1547.73	81417
Wildlife Council	1531.03 - 1531.05	81418
Workers' Compensation Board of Directors Nominating Committee	4121.123	81419

Section 601.51. That existing Section 4 of Sub. S.B. 171 of	81420
the 129th General Assembly is hereby repealed.	81421

Section 610.10. That Section 3 of Am. Sub. S.B. 160 of the	81422
121st General Assembly be amended to read as follows:	81423

Sec. 3. Sections 109.57, 109.572, 2950.08, and 2953.32~~, and~~	81424
~~3701.881~~ of the Revised Code, as amended by ~~this act~~Am. Sub. S.B.	81425
160 of the 121st General Assembly regarding employment of persons	81426
who provide direct care to older adults, and sections ~~173.41,~~	81427
3712.09, 3721.121, and 3722.151 of the Revised Code, as enacted by	81428
~~this act~~Am. Sub. S.B. 160 of the 121st General Assembly, apply	81429
only to persons who apply for employment on or after ~~the effective~~	81430
~~date of this act~~January 27, 1997.	81431

Section 610.11. That existing Section 3 of Am. Sub. S.B. 160	81432
of the 121st General Assembly is hereby repealed.	81433

Section 620.10. That Section 3 of Am. Sub. S.B. 38 of the	81434
120th General Assembly be amended to read as follows:	81435

Sec. 3. Sections 3301.54, and 5104.09~~, and 5126.28~~ of the	81436
Revised Code, as amended by ~~this act~~Am. Sub. S.B. 38 of the 120th	81437
General Assembly, and sections 109.572, 2151.86, 3301.32,	81438
3301.541, ~~3319.311~~3319.39, ~~3701.881,~~ 5104.012, 5104.013, and	81439
5153.111 of the Revised Code, as enacted by ~~this act~~Am. Sub. S.B.	81440
38 of the 120th General Assembly, apply only to persons who apply	81441
for employment for a position on or after ~~the effective date of~~	81442
~~this act~~October 29, 1993.	81443

Section 620.11. That existing Section 3 of Am. Sub. S.B. 38	81444
of the 120th General Assembly is hereby repealed.	81445

Section 701.10.10. OHIO STATEHOUSE SAFETY AND SECURITY STUDY

81446

The Department of Public Safety shall conduct a study of the	81447
safety and security of the Ohio Statehouse complex. The study	81448
shall include recommendations for improving the security protocols	81449
while providing for the health, safety, and convenience of those	81450
who work in, or visit, the statehouse. The report shall be	81451
submitted to the Capitol Square Review and Advisory Board for	81452
adoption not later than December 1, 2012.	81453

Section 701.10.20. Notwithstanding any contrary provision in	81454
section 105.41 of the Revised Code or in any rule or procedure	81455
adopted by the Capitol Square Review and Advisory Board, the Board	81456
shall designate, not later than October 1, 2012, a prominent place	81457
on the lawn or other outside grounds of Capitol Square for the	81458
erection of a permanent memorial to victims of the European	81459
Nazi-Promulgated Holocaust (1933-1945) and to those Ohioans who	81460
participated in the liberation of the death camps during World War	81461
II. The Board shall invite, accept, and evaluate proposals for the	81462
concept, design, financing, and erection of such a memorial, and	81463
shall select from among the proposals the memorial to be designed	81464
and erected at the place designated for that purpose. Site	81465
preparation, utility placement, and other preliminary construction	81466
activities shall be paid for with public funds. Planning for and	81467
designing and erecting the memorial shall be paid for with only	81468
private contributions. The Board shall accept private	81469
contributions for those purposes, and shall deposit the	81470
contributions into the Capitol Square Holocaust Memorial Fund. The	81471
Treasurer of State shall hold the Fund, not as part of the state	81472
treasury, but as a custodial account for the benefit of the Board.	81473
Investment earnings of the Fund shall be deposited into the Fund.	81474
The Board shall draw money from the Fund to pay the cost of	81475
planning for and designing and erecting the memorial, and shall	81476
maintain a thorough and accurate account of all its expenditures	81477
from the Fund. The accounts are a public record.	81478

Section 701.10.30. Notwithstanding the amendment by this act	81479
to section 105.41 of the Revised Code, the member of the Capitol	81480
Square Review and Advisory Board who represents the Ohio Building	81481
Authority continues to hold office until the end of the term for	81482
which the member was appointed. Upon expiration of that member's	81483
term, or upon the earlier occurrence of a vacancy in that	81484
membership, the Governor shall appoint a representative of the	81485
Department of Administrative Services to membership on the Board	81486
as required by the amendment. The member thus appointed holds	81487
office as a member of the Board for a term ending at the same time	81488
as the other members appointed by the Governor who are holding	81489
office as members of the Board at the time the appointment is	81490
made.	81491

Section 701.20. As used in this section, "political	81492
subdivision" has the meaning defined in section 2744.01 of the	81493
Revised Code.	81494

The Auditor of State shall establish, operate, and maintain	81495
one or more web sites to serve as an online clearinghouse of	81496
information about streamlining government operations,	81497
collaboration, and shared services to reduce the cost of	81498
government in this state. The web site may be developed by the	81499
Auditor of State or through the use of outside vendors. Existing	81500
web sites may be used if their content conforms to the	81501
requirements of this section. In establishing, maintaining, and	81502
operating the online clearinghouse web site, the Auditor of State	81503
shall:	81504

(A) Use a domain name for the web site that will be easily	81505
recognized, remembered, and understood by the users of the web	81506
site;	81507

(B) Maintain the web site so that it is fully accessible to	81508
and searchable by members of the public at all times;	81509

(C) Not charge a fee to a person who accesses, searches, or	81510
otherwise uses the web site;	81511

(D) Compile information provided by political subdivisions	81512
that includes savings recommendations from performance audits,	81513
examples of shared services among communities, shared services	81514
agreements to use as templates, and other tools developed	81515
independently by the Auditor of State or requested by political	81516
subdivisions and agreed to by the Auditor of State;	81517

(E) Enable political subdivisions to register and request	81518
inclusion of their submitted information on the web site, as well	81519
as to report state and local barriers to collaboration;	81520

(F) Enable information to be accessed by key word or other	81521
useful identifiers;	81522

(G) Maintain adequate systemic security and back-up features,	81523
and develop and maintain a contingency plan for coping with and	81524
recovering from power outages, systemic failures, and other	81525
unforeseen difficulties; and	81526

(H) Maintain the web site in such a manner that it will not	81527
infringe legally protected interests, so that vulnerability of the	81528
web site to interruption because of litigation or the threat of	81529
litigation is reduced.	81530

Section 701.30. As used in this section, "political	81531
subdivision" has the meaning defined in section 2744.01 of the	81532
Revised Code.	81533

The Department of Administrative Services, by itself or by	81534
contract with another entity, shall establish, operate, and	81535
maintain a web site to serve as an online clearinghouse of	81536
information about existing joint purchasing programs between or	81537
among political subdivisions in the state. In establishing,	81538
maintaining, and operating the online clearinghouse web site, the	81539
department shall:	81540

(A) Use a domain name for the web site that will be easily	81541
recognized, remembered, and understood by the users of the web	81542
site;	81543

(B) Maintain the web site so that it is fully accessible to	81544
and searchable by members of the public at all times;	81545

(C) Not charge a fee to a person who accesses, searches, or	81546
otherwise uses the web site;	81547

(D) Compile information provided by political subdivisions	81548
about joint purchasing arrangements they are involved in that the	81549
department verifies, through meetings with various statewide	81550
associations and others, to have resulted in verifiable cost	81551
savings, and consolidate that information on the web site in a	81552
consistent manner;	81553

(E) Enable political subdivisions to register and request	81554
inclusion of their submitted information on the web site;	81555

(F) Enable information to be accessed by key word, by program	81556
name, by county, by type of product or service, and by other	81557
useful identifiers;	81558

(G) Maintain adequate systemic security and back-up features,	81559
and develop and maintain a contingency plan for coping with and	81560
recovering from power outages, systemic failures, and other	81561
unforeseen difficulties; and	81562

(H) Maintain the web site in such a manner that it will not	81563
infringe legally protected interests, so that vulnerability of the	81564
web site to interruption because of litigation or the threat of	81565
litigation is reduced.	81566

The department shall bear the expense of establishing,	81567
operating, and maintaining the online clearinghouse web site.	81568

Section 701.40. The Director of Budget and Management and	81569
the Director of Administrative Services shall determine ways to	81570
improve efficiencies of enterprise services, including, but not	81571
limited to, the areas of procurement, human resources, and	81572
information technology. The improvements may result in the	81573
consolidation and transfer of the enterprise services. The	81574
Director of Budget and Management, upon agreement with the	81575
Director of Administrative Services and notwithstanding any law to	81576
the contrary, may make budget changes and program transfers	81577
between agencies as determined necessary for successful	81578
implementation of this section. Notwithstanding any law to the	81579
contrary, the Director of Budget and Management, upon agreement	81580
with the Director of Administrative Services, may establish any	81581
necessary new funds, appropriations, full or partial encumbrances,	81582
and consolidate funds and transfer cash. Any employees, assets and	81583
liabilities, including, but not limited to, records and contracts	81584
and agreements, may also be transferred by the Director of Budget	81585
and Management and the Director of Administrative Services in	81586
order to facilitate the improvements determined under this	81587
section.	81588

Section 701.50. MARCS STEERING COMMITTEE AND STATEWIDE	81589
COMMUNICATIONS SYSTEM	81590

There is hereby created a Multi-Agency Radio Communications	81591
System (MARCS) Steering Committee consisting of the designees of	81592
the Directors of Administrative Services, Public Safety, Natural	81593
Resources, Transportation, Rehabilitation and Correction, and	81594
Budget and Management, and the State Fire Marshal or the State	81595
Fire Marshal's designee. The Director of Administrative Services	81596
or the Director's designee shall chair the Committee. The	81597
Committee shall provide assistance to the Director of	81598
Administrative Services for effective and efficient implementation	81599
of the MARCS system as well as develop policies for the ongoing	81600
management of the system. Upon dates prescribed by the Directors	81601
of Administrative Services and Budget and Management, the MARCS	81602
Steering Committee shall report to the Directors on the progress	81603
of MARCS implementation and the development of policies related to	81604
the system.	81605

Section 701.60. As used in this section, "business day" means	81606
a day of the week, excluding Saturday, Sunday, or a legal holiday	81607
as defined in section 1.14 of the Revised Code.	81608

Any regional council of governments that was formed and is	81609
operating before the effective date of the amendment by this act	81610
of section 167.04 of the Revised Code shall notify the Auditor of	81611
State of its existence within 30 business days after the effective	81612
date of that amendment, and shall provide on a form prescribed by	81613
the Auditor of State the information required under that section.	81614
The Auditor of State shall review the information and, within one	81615
year after the effective date of that amendment, shall issue a	81616
report to the Governor and the General Assembly. The report shall	81617
address how many regional councils of governments are operating	81618
under Chapter 167. of the Revised Code, whether those regional	81619
councils continue to meet the objectives for which regional	81620
councils were first authorized in 1967, and whether regional	81621
councils are an efficient and effective way for local governments	81622
to share services or to participate in cooperative arrangements.	81623

Section 701.70.10. (A) The construction and energy operations	81624
of the Office of the State Architect and Engineer (OSAE) under	81625
Chapters 123. and 153. are transferred and consolidated into the	81626
construction and capital funding operations of the Ohio Facilities	81627
Construction Commission (OFCC). And the Ohio School Facilities	81628
Commission (OSFC) becomes an independent agency within the Ohio	81629
Facilities Construction Commission. Notwithstanding Chapter 153.	81630
of the Revised Code, the OFCC is thereupon and thereafter	81631
successor to, assumes the power and obligations of, and otherwise	81632
constitutes the continuation of the construction and energy	81633
operations and related management functions of the OSAE as	81634
provided in the applicable sections of Chapter 153. of the Revised	81635
Code or in any agreements relating to capital expenditures for	81636
construction operations functions to which the OSAE is a party.	81637
All statutory references to the OSAE are deemed to be references	81638
to the OFCC.	81639

(B) Any activities relating to the operations and related	81640
management functions commenced but not completed by the OSAE shall	81641
be completed by the OFCC in the same manner and with the same	81642
effect as if completed by the OSAE. No validation, cure, right,	81643
privilege, remedy, obligation, or liability is lost or impaired by	81644
reason of the consolidation, and shall be administered by the	81645
OFCC. All rules, orders, and determinations related to design,	81646
planning, and construction and energy operations and related	81647
management functions of the OSAE continue in effect as rules,	81648
orders, and determinations of the OFCC, until modified or	81649
rescinded by the OFCC. The Director of the Legislative Service	81650
Commission shall renumber the OSAE rules related to the design,	81651
planning, and construction and energy operations and related	81652
management functions to reflect their transfer to the OFCC.	81653

(C) To the extent possible, all employees of the OSAE shall	81654
be transferred to the OFCC, as the OFCC determines to be necessary	81655
for the successful implementation of this section. All employees	81656
of the OSFC shall remain in their current classifications unless	81657
the OFCC determines otherwise.	81658

(D) No judicial or administrative action or proceeding, to	81659
which the OSAE or an authorized officer of either is a party, that	81660
is pending on the effective date of this section, or on such later	81661
date as may be established by an authorized officer of the OFCC	81662
and that is related to its construction, capital funding, or	81663
energy operation or related management functions, is affected by	81664
the transfer and consolidation of functions. Any such action or	81665
proceeding shall be prosecuted or defended in the name of the	81666
OFCC. On application to the court or agency, the OFCC shall be	81667
substituted for the OSAE or an authorized officer of either as a	81668
party to the action or proceeding.	81669

(E) Notwithstanding any provision of the law to the contrary,	81670
and not sooner than 90 days after the effective date of this	81671
section, and if requested by the OFCC, the Director of Budget and	81672
Management shall make budget changes made necessary by the	81673
transfer, if any, including administrative organization, program	81674
transfers, the creation of new funds, the transfer of state funds,	81675
and the consolidation of funds, as authorized by this section. The	81676
Director of Budget and Management may, if necessary, establish	81677
encumbrances or parts of encumbrances created in fiscal years 2012	81678
and 2013 in the appropriate fund and appropriation item for the	81679
same purpose and for payment to the same vendor in fiscal year	81680
2013. The established encumbrances plus any additional amounts	81681
determined to be necessary for the OFCC to perform the	81682
construction, energy, and capital funding operation and related	81683
management functions of the OSAE are hereby appropriated.	81684

(F) Not later than 30 days after the transfer and	81685
consolidation of the construction, energy, and capital funding	81686
operations and related management functions of the OSAE to the	81687
OFCC, an authorized officer of the OSAE shall certify to the OFCC	81688
the unexpended balance and location of any funds and accounts	81689
designated for building and facility operation and management	81690
functions, and the custody of such funds and accounts shall be	81691
transferred to the OFCC.	81692

(G) The OFCC and the Department of Natural Resources (DNR)	81693
shall cooperate in a study to determine which operation functions,	81694
if any, of the DNR Division of Engineering should be integrated	81695
and consolidated into the OFCC. The study shall be completed not	81696
later than December 31, 2012.	81697

Section 701.70.20. The Division of Labor in the Department of	81698
Commerce is hereby renamed the Division of Industrial Compliance	81699
on the effective date of section 121.04 of the Revised Code, as	81700
amended by this act. The Division and the Superintendent of	81701
Industrial Compliance shall have and perform all the duties,	81702
powers, and obligations of the Division and Superintendent of	81703
Labor. All rules, actions, determinations, commitments,	81704
resolutions, decisions, and agreements pertaining to the duties,	81705
powers, obligations, functions, and rights of the Division or	81706
Superintendent of Labor, in force or in effect on the effective	81707
date of section 121.04 of the Revised Code, as amended by this	81708
act, shall continue in force and effect and apply to the Division	81709
or Superintendent of Industrial Compliance as applicable and	81710
subject to any further lawful action thereon by the Division or	81711
Superintendent of Industrial Compliance. Wherever the	81712
Superintendent of Labor or Division of Labor are referred to in	81713
any provision of law, or in any agreement or document that	81714
pertains to those duties, powers, obligations, functions, and	81715
rights, the reference is to the Superintendent of Industrial	81716
Compliance or Division of Industrial Compliance, as appropriate.	81717

All authorized obligations and supplements thereto of the	81718
Superintendent and Division of Labor are binding on the	81719
Superintendent or Division of Industrial Compliance and nothing in	81720
this act impairs those obligations or rights or the obligations or	81721
rights under any contract. The renaming of the Division of Labor	81722
and Superintendent of Labor does not affect the validity of	81723
agreements or obligations made by that superintendent or division	81724
pursuant to Chapters 121., 3703., 3781., 3791., 4104., 4105., and	81725
4740. of the Revised Code or any other provisions of law.	81726

In connection with the renaming of the Division of Labor, all	81727
real property and interest therein, documents, books, money,	81728
papers, records, machinery, furnishings, office equipment,	81729
furniture, and all other property over which the Superintendent	81730
and Division of Labor have control and the rights of the	81731
Superintendent and Division of Labor to enforce or receive any of	81732
those is automatically transferred to the Superintendent and	81733
Division of Industrial Compliance without necessity for further	81734
action on the part of the Superintendent or Division of Industrial	81735
Compliance, or the Director of Commerce. Additionally, all	81736
appropriations or reappropriations made to the Superintendent and	81737
Division of Labor for the purposes of the performance of their	81738
duties, powers, and obligations, are transferred to the	81739
Superintendent and Division of Industrial Compliance to the extent	81740
of the remaining unexpended or unencumbered balance thereof,	81741
whether allocated or unallocated, and whether obligated or	81742
unobligated.	81743

Section 729.10. The amendments to divisions (D)(4) and (5)	81744
of section 2967.193 of the Revised Code that are made in this act	81745
apply with respect to the calculation of credit earned by a	81746
prisoner for programs or activities that the prisoner participates	81747
in on or after the first day of the calendar month that	81748
immediately follows the calendar month in which this section takes	81749
effect.	81750

Section 737.10. ABOLISHMENT OF THE PUBLIC HEALTH COUNCIL

81751

On the effective date of this section, the Public Health	81752
Council is abolished and the responsibilities of the Public Health	81753
Council are transferred to the Director of Health.	81754

Any business before the Public Health Council commenced but	81755
not completed before the effective date of this section shall be	81756
completed by the Director of Health. The business shall be	81757
completed in the same manner, and with the same effect, as if	81758
completed by the Director of Health immediately prior to the	81759
effective date of this section.	81760

No validation, cure, right, privilege, remedy, obligation, or	81761
liability is lost or impaired by reason of this act's abolishment	81762
of the Public Health Council and transfer of responsibility to the	81763
Director of Health. Each such validation, cure, right, privilege,	81764
remedy, obligation, or liability shall be administered by the	81765
Director of Health.	81766

All rules, orders, and determinations of the Public Health	81767
Council adopted or made immediately prior to the effective date of	81768
this section shall continue in effect as rules, orders, and	81769
determinations of the Director of Health until modified or	81770
rescinded by the Director of Health. If necessary to ensure the	81771
integrity of the numbering system of the Administrative Code, the	81772
Director of the Legislative Service Commission shall renumber the	81773
rules to reflect the transfer of the Public Health Council's	81774
responsibilities to the Director of Health.	81775

Any action or proceeding that is related to the functions or	81776
duties of the Public Health Council pending on the effective date	81777
of this section is not affected by the transfer and shall be	81778
prosecuted or defended in the name of the Director of Health. In	81779
all such actions and proceedings, the Director of Health, on	81780
application to the court, shall be substituted as a party.	81781

Section 737.20. (A) On the effective date of the amendment of	81782
the statutes governing the Division of Recycling and Litter	81783
Prevention in the Department of Natural Resources by this act or	81784
on July 1, 2012, whichever is later, the Division of Recycling and	81785
Litter Prevention is abolished, and all of its functions, together	81786
with its assets and liabilities, are transferred from within the	81787
Department of Natural Resources to within the Environmental	81788
Protection Agency.	81789

(B) Any business commenced but not completed by the Division	81790
of Recycling and Litter Prevention in the Department of Natural	81791
Resources on the effective date of the transfer shall be completed	81792
by the Environmental Protection Agency. Any validation, cure,	81793
right, privilege, remedy, obligation, or liability is not lost or	81794
impaired solely by reason of the transfer required by this section	81795
and shall be administered by the Environmental Protection Agency	81796
in accordance with this act.	81797

(C) All of the rules, orders, and determinations of the	81798
Division of Recycling and Litter Prevention in the Department of	81799
Natural Resources or of the Department of Natural Resources in	81800
relation to that Division continue in effect as rules, orders, and	81801
determinations of the Environmental Protection Agency until	81802
modified or rescinded by the Environmental Protection Agency. If	81803
necessary to ensure the integrity of the numbering of the	81804
Administrative Code, the Director of the Legislative Service	81805
Commission shall renumber rules of the Department of Natural	81806
Resources in relation to the former Division of Recycling and	81807
Litter Prevention in that Department to reflect the transfer to	81808
the Environmental Protection Agency.	81809

(D) Subject to the provisions of the applicable bargaining	81810
unit agreements, all of the positions of the Division of Recycling	81811
and Litter Prevention in the Department of Natural Resources are	81812
transferred to the Environmental Protection Agency. Employees who	81813
transfer with the positions shall retain their same or	81814
substantially similar positions and all the benefits accruing	81815
thereto. Upon completion of the transfer, the employees shall be	81816
subject to the policies and procedures of the Environmental	81817
Protection Agency.	81818

(E) Whenever the Division of Recycling and Litter Prevention	81819
in the Department of Natural Resources or the Chief of the	81820
Division of Recycling and Litter Prevention is referred to in any	81821
law, contract, or other document, the reference shall be deemed to	81822
refer to the Environmental Protection Agency or to the Director of	81823
Environmental Protection, whichever is appropriate in context.	81824

(F) Any action or proceeding pending on the effective date of	81825
the amendment of the statutes governing the Division of Recycling	81826
and Litter Prevention by this act is not affected by the transfer	81827
of the functions of that Division by this act and shall be	81828
prosecuted or defended in the name of the Environmental Protection	81829
Agency. In all such actions and proceedings, the Environmental	81830
Protection Agency, upon application to the court, shall be	81831
substituted as a party.	81832

Section 737.30. The Recycling and Litter Prevention Advisory	81833
Council created within the Environmental Protection Agency by	81834
section 3736.04 of the Revised Code, as amended and renumbered by	81835
this act, is a continuation of the Recycling and Litter Prevention	81836
Advisory Council created within the Division of Recycling and	81837
Litter Prevention in the Department of Natural Resources by	81838
section 1502.04 of the Revised Code prior to its amendment and	81839
renumbering by this act.	81840

Section 747.10.10. (A) The Manufactured Homes Commission	81841
shall adopt the rules required by section 4781.26 of the Revised	81842
Code as amended by this act not later than December 1, 2012. After	81843
adopting the rules, the Commission immediately shall notify the	81844
Director of Health.	81845

(B)(1) The rules governing manufactured home parks adopted by	81846
the Public Health Council under former section 3733.02 of the	81847
Revised Code shall remain in effect in a health district until the	81848
Commission adopts rules under section 4781.26 of the Revised Code	81849
as amended by this act.	81850

(2) On the effective date of the rules adopted by the	81851
Commission as required by section 4781.26 of the Revised Code as	81852
amended by this act, the Public Health Council rules adopted under	81853
former section 3733.02 of the Revised Code cease to be effective	81854
within the jurisdiction of that board of health.	81855

(C) No board of health of a city or general health district	81856
shall invoice or collect manufactured home park licensing fees for	81857
calendar year 2013.	81858

(D) As used in this section:

81859

(1) "Manufactured home park," "board of health," and "health	81860
district" have the same meanings as in section 4781.01 of the	81861
Revised Code, as amended by this act.	81862

(2) "Public Health Council" means the Public Health Council	81863
created by section 3701.33 of the Revised Code.	81864

Section 747.10.20. Any manufactured home park license and	81865
inspection fees collected pursuant to former section 3733.04 of	81866
the Revised Code by a board of health prior to the transition of	81867
the annual license and inspection program to the Manufactured	81868
Homes Commission as required under this act in the amount of two	81869
thousand dollars or less may be transferred to the health fund of	81870
the city or general health district. Any of those funds in excess	81871
of two thousand dollars shall be transferred to the Manufactured	81872
Homes Commission Regulatory Fund created in section 4781.54 of the	81873
Revised Code as enacted by this act.	81874

Section 747.10.30. Notwithstanding the original term of the	81875
appointment, the term of the Manufactured Homes Commission member	81876
who was appointed by the Governor as a representative of the	81877
Department of Health pursuant to division (B)(2)(b) of section	81878
4781.02 of the Revised Code shall end on the effective date of	81879
that section as amended by this act. The initial term of the	81880
registered sanitarian appointed to the Manufactured Homes	81881
Commission pursuant to section 4781.02 of the Revised Code, as	81882
amended by this act, shall expire on the date when the	81883
representative of the Department of Health's term would have	81884
expired, but for this section.	81885

Section 747.20.10. On the effective date of the amendments	81886
made to section 4765.02 of the Revised Code by this act, the	81887
member of the renamed State Board of Emergency Medical and	81888
Transportation Services who is a physician certified by the	81889
American Board of Emergency Medicine or the American Osteopathic	81890
Board of Emergency Medicine and is active in the practice of	81891
emergency medicine and is actively involved with an emergency	81892
medical service organization shall cease to be a member of the	81893
Board. On the effective date of the amendments made to section	81894
4765.02 of the Revised Code by this act, the member of the renamed	81895
State Board of Emergency Medical and Transportation Services who	81896
is a member of the Ohio Ambulance Association shall cease to be a	81897
member of the Board. On the effective date of the amendments made	81898
to section 4765.02 of the Revised Code by this act, of the two	81899
members of the renamed State Board of Emergency Medical and	81900
Transportation Services each of whom is an Emergency Medical	81901
Technician-Basic and was appointed to the Board in that capacity,	81902
only the member who is designated by the Governor to continue to	81903
be a member of the Board shall continue to be so; the other person	81904
shall cease to be a member of the Board. On the effective date of	81905
the amendments made to section 4765.02 of the Revised Code by this	81906
act, of the three members of the renamed State Board of Emergency	81907
Medical and Transportation Services each of whom is an Emergency	81908
Medical Technician-Intermediate and was appointed to the Board in	81909
that capacity, only the member who is designated by the Governor	81910
to continue to be a member of the Board shall continue to be so;	81911
the other two persons shall cease to be members of the Board.	81912

On the effective date of the amendments made to section	81913
4765.02 of the Revised Code by this act, all members of the former	81914
State Board of Emergency Medical Services who do not cease to be	81915
members of the renamed State Board of Emergency Medical and	81916
Transportation Services by the terms of this act shall continue to	81917
be members of the renamed State Board of Emergency Medical and	81918
Transportation Services, and the dates on which the terms of the	81919
continuing members expire shall be the dates on which their terms	81920
as members of the former State Board of Emergency Medical Services	81921
expired. On the effective date of the amendments made to section	81922
4765.02 of the Revised Code by this act, the following members of	81923
the former Ohio Medical Transportation Board shall become members	81924
of the State Board of Emergency Medical and Transportation	81925
Services, and the dates on which those members' terms on the State	81926
Board of Emergency Medical and Transportation Services expire	81927
shall be as follows:	81928

(A) The person who owns or operates a private emergency	81929
medical service organization operating in this state, as	81930
designated by the Governor, term ends November 12, 2012;	81931

(B) The person who owns or operates a nonemergency medical	81932
service organization that provides only ambulette services, term	81933
ends November 12, 2012;	81934

(C) The person who is a member of the Ohio Ambulance	81935
Association, term ends November 12, 2013;	81936

(D) The person who is a consumer of emergency medical	81937
services who is not associated with any public or private	81938
emergency medical service organization, term ends November 12,	81939
2013;	81940

(E) The person who is a member of the Ohio Association of	81941
Critical Care Transport and represents air-based services, term	81942
ends November 12, 2014.	81943

(F) The person who is a member of the Ohio Association of	81944
Critical Care Transport and represents a ground-based mobile	81945
intensive care unit organization, term ends November 12, 2014.	81946

All subsequent terms of office for these six positions on the	81947
State Board of Emergency Medical and Transportation Services shall	81948
be for three years as provided in section 4765.02 of the Revised	81949
Code.	81950

Section 747.20.20. TRANSFER OF THE MEDICAL TRANSPORTATION	81951
BOARD TO THE DEPARTMENT OF PUBLIC SAFETY	81952

On July 1, 2012, the Medical Transportation Board and all of	81953
its functions are transferred to the Department of Public Safety.	81954
As of such date, the Medical Transportation Board shall operate	81955
under the Department of Public Safety, which shall assume all of	81956
the Board's functions. All assets, liabilities, any capital	81957
spending authority related thereto, and equipment and records,	81958
regardless of form or medium, related to the Medical	81959
Transportation Board's functions are transferred to the Department	81960
of Public Safety on July 1, 2012.	81961

No validation, cure, right, privilege, remedy, obligation, or	81962
liability is lost or impaired by reason of the transfer. All of	81963
the Medical Transportation Board's rules, orders, and	81964
determinations continue in effect as rules, orders, and	81965
determinations of the Department of Public Safety until modified	81966
or rescinded by the Department of Public Safety.	81967

Subject to the lay-off provisions of sections 124.321 to	81968
124.328 of the Revised Code, all employees of the Medical	81969
Transportation Board are transferred to the Department of Public	81970
Safety and shall retain their positions and all benefits accruing	81971
thereto.	81972

No action or proceeding pending on July 1, 2012, is affected	81973
by the transfer and any action or proceeding pending on July 1,	81974
2012, shall be prosecuted or defended in the name of the	81975
Department of Public Safety or its director. In all such actions	81976
and proceedings, the Department of Public Safety or its director,	81977
upon application to the court, shall be substituted as a party.	81978

On or after July 1, 2012, notwithstanding any provision of	81979
law to the contrary, the Director of Budget and Management shall	81980
take any action with respect to budget changes made necessary by	81981
the transfer. The Director may transfer cash balances between	81982
funds. The Director may cancel encumbrances and reestablish	81983
encumbrances or parts of encumbrances as needed in the fiscal year	81984
in the appropriate fund and appropriation item for the same	81985
purpose and to the same vendor. As determined by the Director,	81986
encumbrances reestablished in the fiscal year in a different fund	81987
or appropriation item used by an agency or between agencies are	81988
appropriated. The Director shall reduce each year's appropriation	81989
balances by the amount of the encumbrance canceled in their	81990
respective funds and appropriation item. Any unencumbered or	81991
unallocated appropriation balances from the previous fiscal year	81992
may be transferred to the appropriate appropriation item to be	81993
used for the same purposes, as determined by the Director. Any	81994
such transfers are hereby appropriated.	81995

Section 751.10. LICENSURE OF ICFs/MR AS RESIDENTIAL	81996
FACILITIES	81997

(A) Until July 1, 2013, a person or government agency that,	81998
on the effective date of this section, operates an intermediate	81999
care facility for the mentally retarded pursuant to a nursing home	82000
license issued under Chapter 3721. of the Revised Code shall not	82001
be subject to a penalty under section 5123.99 of the Revised Code	82002
for operating the facility without a license issued under section	82003
5123.19 of the Revised Code notwithstanding sections 5123.20 and	82004
5123.99 of the Revised Code.	82005

(B) Notwithstanding the amendments by this act to sections	82006
3702.62, 3721.01, and 5123.19 of the Revised Code and the repeal	82007
by this act of section 5123.192 of the Revised Code, an	82008
intermediate care facility for the mentally retarded that is	82009
licensed as a nursing home under Chapter 3721. of the Revised Code	82010
on the effective date of this section shall continue to be a	82011
nursing home for the purposes for which it is considered to be a	82012
nursing home under the law in effect on the day immediately	82013
preceding the effective date of those amendments and that repeal	82014
until the earliest of the following:	82015

(1) The date that the facility's nursing home license is	82016
revoked or voided under section 3721.07 of the Revised Code;	82017

(2) The date that a residential facility license is obtained	82018
for the facility under section 5123.19 of the Revised Code;	82019

(3) July 1, 2013.

82020

(C) Notwithstanding the amendment by this act to section	82021
3721.21 of the Revised Code, a nursing home or part of a nursing	82022
home certified as an intermediate care facility for the mentally	82023
retarded on the effective date of this section shall continue to	82024
be excluded from the definition of "long-term care facility" in	82025
that section for as long as it is certified as an intermediate	82026
care facility for the mentally retarded.	82027

(D) Notwithstanding the amendment by this act to section	82028
3721.50 of the Revised Code, a nursing home or part of a nursing	82029
home licensed under section 3721.02 or 3721.09 of the Revised Code	82030
that is certified as an intermediate care facility for the	82031
mentally retarded on the effective date of this section shall	82032
continue to be exempt from the franchise permit fee under sections	82033
3721.50 to 3721.58 of the Revised Code and instead subject to the	82034
franchise permit fee under sections 5112.30 to 5112.39 of the	82035
Revised Code for as long as it is certified as an intermediate	82036
care facility for the mentally retarded.	82037

(E) Notwithstanding the amendment by this act to section	82038
5123.41 of the Revised Code, a nursing home or part of a nursing	82039
home that is certified as an intermediate care facility for the	82040
mentally retarded on the effective date of this section shall	82041
continue to be a residential facility for the purpose of section	82042
5123.41 of the Revised Code for as long as it is certified as an	82043
intermediate care facility for the mentally retarded or is	82044
licensed under section 5123.19 of the Revised Code.	82045

(F) Notwithstanding the amendment by this act to section	82046
5126.51 of the Revised Code, a nursing home or part of a nursing	82047
home that is certified as an intermediate care facility for the	82048
mentally retarded on the effective date of this section shall	82049
continue to be a residential facility for the purpose of section	82050
5126.51 of the Revised Code for as long as it is certified as an	82051
intermediate care facility for the mentally retarded or otherwise	82052
meets the definition of "residential facility" in section 5123.19	82053
of the Revised Code.	82054

Section 751.10.10. ADULT CARE FACILITY LICENSURE TRANSITION

82055

Pursuant to the amendment and repeal by this act of sections	82056
5119.22, 5119.70 to 5119.88, and 5119.99 of the Revised Code, the	82057
Director of Mental Health may convert an adult care facility's	82058
license in effect immediately before the effective date of this	82059
section to a license as a residential facility. Until the Director	82060
converts the license or issues an order denying the conversion,	82061
the adult care facility's license is deemed to be a residential	82062
facility license. All rules, orders, and determinations pertaining	82063
to the adult care facility license continue in effect as rules,	82064
orders, and determinations pertaining to the residential facility	82065
license.	82066

Section 751.20. The amendments by this act to Section 3 of	82067
Am. Sub. S.B. 38 of the 120th General Assembly eliminate the	82068
exemptions from the requirements of sections 3701.881 and 5126.28	82069
of the Revised Code that Section 3 of that act gave to persons	82070
who, before October 29, 1993, were employed or had applied for	82071
employment in positions covered by sections 3701.881 and 5126.28	82072
of the Revised Code. The amendments by this act to Section 3 of	82073
Am. Sub. S.B. 160 of the 121st General Assembly eliminate the	82074
exemptions from the requirements of sections 173.41 (as	82075
subsequently renumbered as 173.394) and 3701.881 of the Revised	82076
Code that Section 3 of that act gave to persons who, before	82077
January 27, 1997, were employed or had applied for employment in	82078
positions covered by sections 173.41 (173.394) and 3701.881 of the	82079
Revised Code. The exemptions are eliminated in conjunction with	82080
this act's amendments to sections 173.394, 3701.881, and 5123.081	82081
of the Revised Code and the repeal of section 5126.28 of the	82082
Revised Code so that the Directors of Aging, Health, and	82083
Developmental Disabilities may adopt rules under those amended	82084
sections to make persons formerly exempt from the requirements of	82085
sections 173.394, 3701.881, and 5126.28 of the Revised Code	82086
subject to the requirements of sections 173.394, 3701.881, and	82087
5123.081 of the Revised Code.	82088

Section 753.10. (A) Pursuant to section 5911.10 of the	82089
Revised Code, the Governor is authorized to execute a deed in the	82090
name of the state, conveying to a purchaser or purchasers to be	82091
determined in the manner provided in division (E) of this section,	82092
and the purchaser or purchaser's successors and assigns or heirs	82093
and assigns, all of the state's right, title, and interest in the	82094
following described parcels of real estate, associated with the	82095
Marion Armory, the Eaton Armory, and the Eaton MVSB, that the	82096
Adjutant General has determined are no longer needed by the Ohio	82097
National Guard for armory or military purposes:	82098

(1) Marion Armory property:

82099

Situate in the State of Ohio, County of Marion and Township of	82100
Claridon, and being a part of the south half of Section No. 18 and	82101
part of the north half of Section No. 19 in Township 5 South,	82102
Range 16 East, more particularly described as follows;	82103

Beginning at an Iron Pipe in the center of U. S. Highway No. 30,	82104
said Pipe being 71 feet northeasterly of the North-South half	82105
Section Line of aforesaid Section No. 18 and Three Thousand Eight	82106
Hundred Two (3,802') feet northeasterly (measured along the center	82107
line of U. S. Highway No. 30) from the center of Pole Lane Road	82108
(Marion County Road No. 174) and the west line of aforesaid	82109
Section No. 19. Said beginning point also being on the North	82110
boundary line of the Marion Engineer Depot Land and at the	82111
northeast corner of the herein described parcel of land;	82112

Thence leaving the center line of said Highway and the north	82113
boundary line of Engineer Depot Land and bearing South 24 degrees	82114
30 minutes East, on a line parallel to and 50 feet westerly	82115
(measured perpendicularly) from the center line of First Street in	82116
the Marion Engineer Depot, a distance of One Thousand Two Hundred	82117
Thirty—Six and Four tenths feet (1236.4') to an Iron Pipe;	82118

Thence South 14 degrees 10 minutes East along the west bank of an	82119
open ditch (crossing the main R. R, track of the Engineer Depot at	82120
402 feet) a distance of Four Hundred Seventy-Four and Five-tenths	82121
feet (474.5') to a U. S. government concrete survey monument at a	82122
corner in the south and west boundary line of the Engineer Depot	82123
Land;	82124

Thence following the Southerly boundary line of the Engineer Depot	82125
Land the following courses and distances;	82126

North 79 degrees 53 minutes West a distance of Eight Hundred Four	82127
feet (804') to a U. S. Government concrete survey monument;	82128

Thence North 71 degrees 38 minutes West a distance of One Thousand	82129
One Hundred Sixty—One feet (1161') to an Iron Pipe;	82130

Thence North 8 degrees 30 minutes West (crossing the Main R. R.	82131
track of the Engineer Depot) a distance of One Hundred	82132
Twenty-Three and Eighty-five hundredths feet (123.85') to an Iron	82133
Pipe;	82134

Thence Easterly and Northerly along a survey line established by	82135
Marion County Engineers, July 1963, the following courses and	82136
distances;	82137

South 88 degrees 10 minutes East One Hundred Thirty—Seven and	82138
Two—tenths feet (137.2') to an Iron Pipe;	82139

Thence North 73 degrees 22 minutes East Three Hundred Twenty-Four	82140
and seventy-five hundredths feet (324.75') to an Iron Pipe;	82141

Thence North 65 degrees 28 minutes East Five Hundred Thirteen and	82142
Seven tenths feet (513.7')to an Iron Pipe;	82143

Thence North 8 degrees 30 minutes West Five Hundred Sixty—five and	82144
Five-tenths feet (565.5') to an Iron Pipe in the center of	82145
aforesaid U. S. Highway No. 30 and the North Boundary Line of	82146
Marion Engineer Depot Land;	82147

Thence North 81 degrees 30 minutes East along the center line of	82148
U. S. Highway 30 and north boundary line of the Engineer Depot	82149
Land One Hundred Forty—one and two tenths feet (141.2') to an Iron	82150
Pipe at the P. C. (point of beginning) of a Three degree curve to	82151
the left;	82152

Thence along the arc of said Three degree curve (radius 1910 feet,	82153
tangent 267 feet, central angle 16 degrees) a distance of Three	82154
Hundred Twenty—One (321) feet to an Iron Pipe in the center of	82155
aforesaid U. S. Highway No. 30 and the Point of Beginning,	82156
containing Thirty-Two and Naught Sixty-Two Thousandths acres	82157
(32.062); more or less. Subject to any and all existing easements,	82158
licenses, etc., recorded or unrecorded, for public highways,	82159
roads, railroads, pipelines, drainage, sewer mains, and public	82160
utilities, if any.	82161

Subject to the following specific conditions, restrictions,	82162
easements and reservations to the United States of America, and	82163
its assigns, as referenced in the deed from the United States of	82164
America, acting by and through the Administrator of General	82165
Services to the State of Ohio and recorded in Deed Book 405, Page	82166
17, in the Recorder's Office, Marion County, Ohio:	82167

1. Title to the Railroad Tracks traversing the above-described	82168
property and serving the Marion Engineer Depot; together with	82169
perpetual easements for rights—of—way, and the right of ingress	82170
and egress thereto at all times over and through the	82171
above-described property to use, maintain, repair, renew, relocate	82172
or remove all or any portion of said railroad tracks or any of the	82173
appurtenances, over, across, in and upon premises in question, and	82174
described as follows:	82175

Situate in the State of Ohio, County of Marion, and Township of	82176
Claridon, and being a part of the South half of Section No. 18 and	82177
a part of the north half of Section No. 19 in Township 5 South,	82178
Range 16 East.	82179

Easement for Main Railroad Track to Marion Engineer Depot — being	82180
a strip of land Thirty (30') feet in width, with Fifteen (15) feet	82181
lying on each side of the centerline of said main Railroad track.	82182
The course of the centerline of said track is described as	82183
follows:	82184

Beginning at a point on the west boundary line of aforesaid Parcel	82185
No. 3, said point being North 8° 30' West 75.5 feet from the	82186
Southwest corner of said Parcel No. 3;	82187

Thence South 75° 15' East and on the centerline of aforesaid Main	82188
Railroad track a distance of Sixteen Hundred Ninety-one feet	82189
(1691') to a point;	82190

Thence South 75° 50' East, Two Hundred Fifty-four feet (254') to a	82191
point on the East Boundary Line of aforesaid Parcel No. 3. Said	82192
point being North 14° 10' West 94.5 feet from the South East	82193
corner of aforesaid Parcel No. 3.	82194

Also, an Easement for Railroad Track No. 3 to Marion Engineer	82195
Depot: Being a strip of land thirty feet (30') in width, with	82196
fifteen feet (15') lying on each side of the centerline of said	82197
Railroad track No. 3.	82198

The course of the center line of said Track No. 3 is described as	82199
follows;	82200

Beginning at a point on the East Boundary Line of aforesaid Parcel	82201
No. 3 and on the center line of said Railroad track No. 3. Said	82202
beginning point being 64 feet North of the center line of B Avenue	82203
and 50 feet west of the center line of 1st Street in Marion	82204
Engineer Depot;	82205

Thence Southwesterly on the center line of said Railroad track No.	82206
3, One Hundred Thirty feet (130') to the (P. S.) point of Switch	82207
for track No. 3 at track No. 4 to Marion Engineer Depot.	82208

Also, an Easement for Railroad Track No.4 to Marion Engineer	82209
Depot. Being a strip of land thirty feet (30') in width, with	82210
fifteen (15') feet lying on each side of the center line of said	82211
Railroad Track No. 4.	82212

The course of the center line of said Rail road Track No. 4 is	82213
described as follows:	82214

Beginning at a point on the East Boundary Line of aforesaid Parcel	82215
No. 3 and on the center line of aforesaid Railroad track No. 4;	82216
said point being 51 feet North of the center line of B Avenue and	82217
50 feet West of the center line of 1st Street in Marion Engineer	82218
Depot;	82219

thence South 65° 30' West on the center line of aforesaid Railroad	82220
Track No. 4 a distance of One Thousand One Hundred Eighty feet	82221
(1180') to the (P. C.) Point of beginning of a 10 degree curve to	82222
the right;	82223

Thence along the arc of said curve and on the center line of	82224
aforesaid Track No. 4 a distance of Four Hundred Ten feet (410')	82225
to a point on the West Boundary line of aforesaid Parcel No. 3.	82226
Said point being 84 feet North 8° 30' West from the South West	82227
corner of said Parcel No. 3.	82228

Also, an Easement for Railroad Track No. 5 to Marion Engineer	82229
Depot. Being a strip of land Thirty feet (30') in width, with	82230
Fifteen feet (15') lying on each side of the center line of said	82231
Railroad Track No. 5;	82232

The course of the center line of Said Track No. 5 is described as	82233
follows:	82234

Beginning at a point on the East Boundary Line of aforesaid Parcel	82235
No. 3 and on the center line of aforesaid Railroad Track No. 5.	82236
Said point being 40 feet South of the center line of B. Avenue and	82237
50 feet West of the center line of 1st Street in Marion Engineer	82238
Depot;	82239

Thence South 79° West on the center line of aforesaid Railroad	82240
Track No. 5 a distance of Three Hundred feet (300') to the (P. C.)	82241
Point of Curve to the left;	82242

Thence along the arc of said curve and on the center line of said	82243
Railroad Track No. 5, One Hundred sixty-one feet (161') to (P. S.)	82244
Point of Switch for Track No. 5 at Track No. 4 to Marion Engineer	82245
Depot.	82246

Also, an Easement for Railroad Track No. 7 to Marion Engineer	82247
Depot. Being a strip of land Thirty (30) feet in width, with	82248
Fifteen (15) feet lying on each side of the center line of said	82249
Railroad Track No. 7.	82250

The course of the center line of said Track No. 7 is described as	82251
follows:	82252

Beginning at a point on the East Boundary Line of aforesaid Parcel	82253
No. 3 and on the center line of aforesaid Railroad Track No. 7.	82254
Said point being 86 feet south of the center line of C Avenue and	82255
50 feet West of the center line of 1st Street in Marion Engineer	82256
Depot.	82257

Thence South 65° 30' West on the center line of aforesaid Railroad	82258
Track No. 7 a distance of Seven Hundred Sixty—six (766) feet to	82259
the (P. C.) Point of Beginning of a 10 degree curve to the right;	82260

Thence along the arc of said curve and on the center line of	82261
aforesaid Railroad Track No. 7 a distance of Three Hundred	82262
Ninety-eight feet (398') to the (P.S.) Point of Switch for Track	82263
No. 7 at the Main Railroad track to Marion Engineer Depot.	82264

Also, an Easement for Railroad Track No. 8 to Marion Engineer	82265
Depot. Being a strip of and Thirty feet (30') in width, with	82266
Fifteen feet (15') lying on each side of the center line of said	82267
Railroad Track No. 8. The course of the center line of said Track	82268
No. 8 is described as follows:	82269

Beginning at a point on the East Boundary Line of aforesaid Parcel	82270
No. 3 and on the center line of aforesaid Track No. 8, said point	82271
being 106 feet south of the center line of C Avenue and 50 feet	82272
west of the center line of 1st Street in Marion Engineer Depot;	82273

Thence South 65° 30' West on the center line of aforesaid Railroad	82274
Track No. 8 a distance of Six Hundred Forty-four feet (644') to	82275
the (P. C.) Point of Curve to the right;	82276

Thence along the arc of said curve and on the center line of said	82277
Railroad Track No. 8 a distance of One Hundred Ninety feet (190')	82278
to the (P. S.) Point of Switch for Track No. 8 at Track No. 7 to	82279
Marion Engineer Depot.	82280

Also, an Easement for Railroad Track No. 9 to Marion Engineer	82281
Depot. Being a strip of: land Thirty feet (30') in width, with	82282
Fifteen feet (15') lying on each side of the center line of said	82283
Railroad Track No. 9.	82284

The course of the center line of said Track No. 9 is described as	82285
follows:	82286

Beginning at a point on the East Boundary line of aforesaid Parcel	82287
No. 3 and on the center line of aforesaid Railroad Track No. 9.	82288
Said point being 106 feet North of the center line of D Avenue and	82289
50 feet West of the center line of 1st Street in Marion Engineer	82290
Depot;	82291

Thence South 65° 30' west on the center line of aforesaid Railroad	82292
Track No. 9 a distance of Five Hundred Forty-seven feet (547') to	82293
the (P. C.) Point of Beginning of a 10 degree curve to the right;	82294

Thence along the arc of said curve and on the center line of	82295
aforesaid Railroad Track No. 9 a distance of Three Hundred	82296
Eighty-five feet (385') to the (P. S.) Point of Switch for Track	82297
No. 9 at the Main Railroad Track to the Marion Engineer Depot.	82298

Also, an Easement for Railroad Track No. 10 in Marion Engineer	82299
Depot. Being a strip of land Thirty (30) feet in width, with	82300
Fifteen (15) feet lying on each side of the center line of said	82301
Railroad Track No. 10, The course of the center line of said Track	82302
No. 10 is described as follows:	82303

Beginning at a point on the East Boundary line of aforesaid Parcel	82304
No. 3 and on the center line of aforesaid Track No. 10. Said point	82305
being 86 feet North of the center line of D Avenue and 50 feet	82306
west of the center line of 1st Street in Marion Engineer Depot;	82307

Thence South 65° 30' West on the center line of aforesaid Railroad	82308
Track No. 10 a distance of Two Hundred Eighty-five (285) feet to	82309
the (P. C.) Point of beginning of a 3 degree curve to the right;	82310

Thence along the arc of said curve and on the center line of said	82311
Railroad Track No. 10 a distance of Three Hundred Fifteen (315)	82312
feet to the (P. S.) Point of Switch for Track No. 10 at track No.	82313
9 to the Marion Engineer Depot.	82314

2. The right to use the existing water service line traversing the	82315
above-described property and serving the Marion Engineer Depot,	82316
and described as follows:	82317

Situate in the State of Ohio, County of Marion and Township of	82318
Claridon, and being a part of the North half of Section No. 19 in	82319
Township 5 South, Range 16 East, and being a strip of land Thirty	82320
(30) feet in width, (15 feet on each side of the center line of	82321
aforesaid water service line traversing aforesaid Parcel No. 3).	82322
The course of said center line is described as follows:	82323

Beginning at a point on the West boundary line of aforesaid Parcel	82324
No. 3, said point being North 8° 30' East forty-four (44) feet	82325
from the south west corner of aforesaid Parcel No. 3;	82326

Thence South 75°15' East, One Thousand Two Hundred Seventy (1270)	82327
feet more or less to an angle in aforesaid water service line;	82328

Thence North 65° 30' East (passing under the main R. R. track to	82329
Engineer Depot at about 50 feet) Two Hundred Seventy (270) feet to	82330
an angle in said water service line;	82331

Thence North 86° East Seventy—five (75) feet, more or less, to an	82332
angle in said water service line;	82333

Thence North 65° 30' East One Hundred Thirty (130) feet, more or	82334
less, to an angle in said water service line;	82335

Thence North 42° East Seventy-five (75) feet, more or less, to an	82336
angle in said water service line;	82337

Thence North 65° 30' East, sixty—five (65) feet, more or less, to	82338
a point in the East Boundary line of aforesaid Parcel No. 3, said	82339
point being 50 feet west of the center line of 1st Street and	82340
about 31 feet south of the center line of D Avenue in Marion	82341
Engineer Depot.	82342

3. The right to use the electric power lines and poles along U. S.	82343
Highway No. 30S, which traverse premises in question and service	82344
the Marion Engineer Depot, and described as follows:	82345

Situate in the State of Ohio, County of Marion and Township of	82346
Claridon, and being a part of the South half of Section No. 18 in	82347
Township 5 south, Range 16 East, and being the South half (30 feet	82348
in width) of the 60 foot Right of way of aforesaid U. S. Highway	82349
No. 30S and extending along the north side of aforesaid Parcel No.	82350
3, and is described as follows:	82351

Beginning at the most northern Northwest corner of said Parcel No.	82352
3 and on the center line of aforesaid Highway No. 30S;	82353

Thence North 81° 30' East, along the center line of said Highway,	82354
a distance of One Hundred Forty One and Two Tenths (141.2) feet to	82355
the P. C. (Point of beginning) of a 3 degree curve to the left;	82356

Thence Northeasterly on the arc of said curve and on the center	82357
line of said U. S. Highway 30S a distance of Three Hundred	82358
Twenty-one (321) feet to the North East corner of aforesaid Parcel	82359
No. 3;	82360

Thence South 24° 30' East, along the East boundary line of said	82361
Parcel No. 3, a distance of Thirty (30) feet to a point on the	82362
south Right of Way line of aforesaid U. S. Highway 30S;	82363

Thence Southwesterly along said Right of Way line, concentric to	82364
and 30 feet distant from the center line of U. S. Highway No. 30S,	82365
a distance of Three Hundred Thirty (330) feet to a Highway Right	82366
of Way monument;	82367

Thence continuing along said Right of Way line, South 81° 30'	82368
West, One Hundred Forty-one and Two tenths (141.2) feet to a point	82369
in the West boundary line of aforesaid Parcel No. 3;	82370

Thence North 8° 30' West along said boundary line, a distance of	82371
Thirty (30) feet to the point of beginning.	82372

4. The right to use the existing sanitary sewer lines, storm	82373
sewers, and appurtenances thereto traversing premises in question	82374
and servicing the Marion Engineer Depot.	82375

(2) Eaton Armory property:

82376

Situated in the County of Preble, State of Ohio, and in the	82377
Village of Eaton, Ohio, and bounded and described as follows, to	82378
wit: Being One Hundred and Forty-five (145) feet taken evenly off	82379
the North end of Lots Numbered Two Hundred and Seventy-three and	82380
Two Hundred and Seventy-four, as the same are known and designated	82381
on the Recorded Plat of the Village of Eaton, Ohio.	82382

(3) Eaton MVSB property:

82383

Tract 1	82384

Situated in the Northwest Quarter of Section Two (2), Township	82385
Seven (7) North, Range Two (2) East, City of Eaton, Washington	82386
Township, Preble County, Ohio, being part of a 5.86 acre tract,	82387
which Is part of OutLot 153, as described In Deed Records Volume	82388
256, Page 311, in the office of the Preble County Recorder, and	82389
being more particularly described as follows:	82390

Commencing at the intersection of the south line of St. Clair	82391
Street, and the west line of Nation Avenue, said intersection also	82392
being the northeast corner of Lot 1943;	82393

thence North 89° 02' 05" West 100.00 feet along the south line of	82394
St. Clair Street, to the northwest corner of Lot 1943, being the	82395
TRUE POINT 0F BEGINNING for the tract herein described, witness an	82396
iron pipe found South 2° 16' 50" East 0.69 feet;	82397

thence South 00° 08' 01" West 251.41 feet along the west line of	82398
Lot 1943 and the west line of a tract described in Deed Records	82399
Volume 372, Page 495, to an iron pin set, witness an iron pin in	82400
concrete found, North 89° 20' 28" East 2.95 feet;	82401

thence North 89° 02' 05" West 131.00 feet along the north line of	82402
OutLot 154 as described in Deed Records Volume 195, Page 450, to	82403
an iron pin set, witness an iron pin in concrete found South 75°	82404
17' 45" East 3.13 feet;	82405

thence South 00° 07' 57" West 376.68 feet along the west line of	82406
OutLot 154, to a point, witness an iron pin in concrete found	82407
South 82° 38' 03" East 073 feet;	82408

thence North 88° 55' 44" West 155.36 feet along the north line of	82409
a tract described in Deed Records Volume 115, Page 169, to the	82410
centerline of the Norfolk and Western railroad, witness a railroad	82411
spike found South 88° 55' 44" East 33.47 feet;	82412

thence North 10° 18' 54" West 512.14 feet along said [ centerline,	82413
to a point, witness an iron pin set South 89° 21' 15" East 33.61	82414
feet;	82415

thence South 89° 21' 15" East 169.93 feet along the south line of	82416
OutLot 155 as described in Deed Records Volume 320, Page 787, said	82417
south line being 40.15 feet south of and parallel with the south	82418
line of the main building of the former Washington Motor Building,	82419
to an Iron pin set, witness a railroad spike found North 39° 33'	82420
05" West 2.47 feet;	82421

thence North 00° 03' 49" West 124.56 feet along the east line of	82422
OutLot 155, said east line being 40.00 feet east of and parallel	82423
with the east line of said building, to a point, witness a	82424
railroad spike found South 89° 44 11" West 0.17 feet;	82425

thence South 89° 02' 05" East 209.73 feet along the south line of	82426
St. Clair Street, to the point of beginning, containing 3.311	82427
acres, more or less, being subject to legal easements of record.	82428

Bearings for the above description are based upon the south line	82429
of the northeast quarter (North 89° 56' 20" East), per State Plane	82430
Coordinates System per Kramer & Associates, Drawing D-057.	82431

Iron pins set in the above description are 5/8 inch by 30 inch	82432
reinforcing rod, with aluminum cap stamped "Kramer, Eaton,	82433
Richmond."	82434

Surveyed and prepared by Douglas E. Kramer, Registered Surveyor	82435
#6329 on February 15, 1994, as shown on Drawing D—651, by Kramer a	82436
Associates, Eaton, Ohio and RIchmond, lndiana.	82437

Prior Instrument References: Volume 378, Page 768 and Volume 393	82438
Page 440 of the Deed Records of the Preble County, Ohio Recorder.	82439

Parcel No.: M40000608301006000	82440

Tract 2	82441

Being a tract of land situated in the northwest quarter of Section	82442
No. 2, Township 7, Range 2 East (Washington Township, Preble	82443
County, Ohio) and described as follows, to wit:	82444

Beginning at a stone on the south line of Public Lane Street, and	82445
309.30 feet west of the west line of Nation Avenue (or Short	82446
Street) of the Village of Eaton, in the said County,	82447

thence South 41' East 122.65 feet with a line 40 feet east and	82448
parallel with the east end of the Washington Motor Building, to a	82449
stake 40 feet east and 40.15 feet south of the south east corner	82450
of the water table of said building,	82451

thence North 85°45' West 169.10 feet with a line 40.15 feet south	82452
and parallel with the south line of the main building of said	82453
Motor Company to the center of the P.C. C. & St. L. Railway,	82454

thence North 10°55' West 124.90 feet with the center of said	82455
railroad to the south line of said Public Lane.	82456

Thence South 89°45' East 192.66 feet with the south line of said	82457
Public Lane to the place of Beginning, containing 0.509 of an acre	82458
of land, subject to the right of way of said railroad.	82459

Parcel No.: M40000608301009000	82460

The Director of Administrative Services may adjust the legal	82461
descriptions to accommodate any corrections deemed necessary to	82462
facilitate recordation of the deed.	82463

(B) The deed for the Marion Armory property shall contain the	82464
following requirement: The grantee shall maintain all existing	82465
utility lines, which include the water service line, sanitary	82466
sewer lines, storm sewer lines, electric pole and power lines, and	82467
appurtenances thereto, that traverse the property and service the	82468
Marion Engineer Depot. The grantee shall bear the entire cost of	82469
maintenance of the utilities.	82470

(C) If a parcel is sold to a municipal corporation, township,	82471
or county and that political subdivision sells the parcel within	82472
two years after its purchase, the political subdivision shall pay	82473
to the state, for deposit into the state treasury to the credit of	82474
the Armory Improvements Fund pursuant to section 5911.10 of the	82475
Revised Code, an amount representing one-half of any net profit	82476
derived from that subsequent sale. The net profit shall be	82477
computed by first subtracting the price at which the political	82478
subdivision bought the parcel from the price at which the	82479
political subdivision sold the parcel, and then subtracting from	82480
that remainder the amount of any expenditures the political	82481
subdivision made for improvements to the parcel.	82482

(D) At the request of the Adjutant General, the Department of	82483
Administrative Services shall, pursuant to the procedures	82484
described in division (e) of this section, assist in the sale of	82485
any of the parcels.	82486

(E) The Adjutant General's Department shall appraise the	82487
parcels or have them appraised by one or more disinterested	82488
persons for a fee to be determined by the Adjutant General. The	82489
Adjutant General shall offer the parcels for sale in their "as is"	82490
condition as follows:	82491

(1) The Adjutant General first shall offer a parcel for sale	82492
at its appraised value to the municipal corporation or township in	82493
which it is located.	82494

(2) If, after sixty days, the municipal corporation or	82495
township has not accepted the Adjutant General's offer to sell the	82496
parcel at its appraised value or has accepted the offer but has	82497
failed to complete the purchase, the Adjutant General shall offer	82498
the parcel at its appraised value to the county in which it is	82499
located.	82500

(3) If, after sixty days, the county has not accepted the	82501
Adjutant General's offer to sell the parcel at its appraised value	82502
or has accepted the offer but has failed to complete the purchase,	82503
the Adjutant General shall, in concert with the Department of	82504
Administrative Services, arrange a public auction, and the parcel	82505
shall be sold to the highest bidder at a price acceptable to the	82506
Adjutant General. The Adjutant General may reject any and all bids	82507
through the auctioneer.	82508

The Adjutant General shall advertise each public auction in a	82509
newspaper of general circulation within the county in which the	82510
parcel is located, once a week for three consecutive weeks prior	82511
to the date of the auction. The terms of sale of the parcel	82512
pursuant to the public auction shall be payment of ten per cent of	82513
the purchase price in cash, bank draft, or certified check on the	82514
date of sale, with the balance payable within sixty days after the	82515
date of sale. A purchaser who does not timely complete the	82516
conditions of the sale shall forfeit to the state the ten per cent	82517
of the purchase price paid on the date of the sale as liquidated	82518
damages.	82519

Should a purchaser not complete the conditions of sale as	82520
described herein, the Adjutant General and its auctioneer is	82521
authorized to accept the next highest bid from the auction by	82522
collecting ten per cent of the purchase price from the secondary	82523
bidder and proceed to close the sale, so long as the secondary bid	82524
meets all other criteria provided for in this division.	82525

(F) Advertising costs, appraisal fees, and other costs of the	82526
sale of the parcels shall be paid by the Adjutant General's	82527
Department.	82528

(G) Upon the payment of ten per cent of the purchase price of	82529
a parcel in accordance with division (E)(3) of this section or	82530
upon notice from the Adjutant General's Department that a parcel	82531
has been sold to a municipal corporation, township, or county in	82532
accordance with division (E)(1)or (2) of this section, the Auditor	82533
of State, with the assistance of the Attorney General, shall	82534
prepare a deed for that parcel. The deed shall state the	82535
consideration and any applicable requirements. The deed shall be	82536
executed by the Governor in the name of the state, countersigned	82537
by the Secretary of State, sealed with the Great Seal of the	82538
State, and presented for recording in the Office of the Auditor of	82539
State. The deed shall be delivered to the buyer at closing when	82540
the balance of the purchase price is collected by the state. The	82541
buyer shall present the deed for recording in the office of the	82542
county recorder of the county in which the parcel is located.	82543

(H) The net proceeds of the sale of the parcels shall be	82544
deposited into the state treasury to the credit of the Armory	82545
Improvements Fund pursuant to section 5911.10 of the Revised Code.	82546

(I) This section expires five years after its effective date.

82547

Section 753.20. (A) The Governor is authorized to execute a	82548
deed in the name of the state conveying to the City of Defiance	82549
(the "grantee"), and its successors and assigns, all of the	82550
state's right, title, and interest in the following described real	82551
estate:	82552

A tract of land lying in Defiance County, State of Ohio, Township	82553
of Defiance, and known as a part lot 34 of the Auditors Plat of	82554
Lots between the Maumee and Auglaize Rivers, being known as the	82555
State Fish Hatchery Grounds. Being part southeast quarter (SE ¼)	82556
of Section twenty-seven (27), Township four (4) North, Range four	82557
(4) East, and being more particularly described as follows:	82558

Commencing at a point being the centerline at the southerly end of	82559
the Miami and Erie Canal Lock No. 34; thence South 48°-06-'00"West	82560
a distance of four hundred twenty-nine and one tenth (429.10)	82561
feet, to a point; thence North 41º- 54'-00" West a distance of	82562
five hundred seven and sixty-nine hundredths (507.69) feet to an	82563
iron pin, said iron pin being the true point of beginning; thence	82564
North 48º-06'-00" East a distance of four hundred twenty-nine and	82565
ten hundredths (429.10) feet to an iron pin; thence South	82566
41º-54'00" East a distance of one hundred fifty and thirty-nine	82567
hundredths (150.39) feet to an iron pin, said iron pin being on	82568
the northerly right-of-way line of South Jackson Street; thence	82569
North 46º-52'00" East along said northerly right-of-way line a	82570
distance of one hundred ninety-one and twenty seven hundredths	82571
(191.27) feet to an iron pin; thence North 16º-58'00" West a	82572
distance of three hundred ninety-two and one hundredths (392.01)	82573
feet to an iron pin; thence North 19º-56'-00" West a distance one	82574
hundred ninety-one and sixty-five hundredths (191.65) feet to an	82575
iron pin; thence North 00º-57'-00" West a distance of one hundred	82576
four and no hundredths (104.00) feet to an iron pin; thence North	82577
21º-23'-00" West a distance of three hundred forty-six and	82578
twenty-five hundredths (346.25) feet to an iron pin, said point	82579
being on the southerly right-of-way line of the Norfolk and	82580
Western Railroad right-of-way line, being a curve 0º-30'-00"	82581
right, South 68º-25'-15" West, a cord distance of four hundred	82582
seventy-nine and seventy-four hundredths (479.74) feet to an iron	82583
pipe; thence leaving the said southerly Norfolk and Western	82584
Railroad right-of-way line, South 2º-39'-00" West, a distance of	82585
eight hundred fifty and eighty-six hundredths (850.86) feet to an	82586
iron pipe; thence South 41º-54'-00" East a distance of three	82587
hundred fifty and two hundredths (350.02) feet to the above	82588
mentioned true point of beginning. It being the intent of this	82589
instrument to convey jurisdiction of that portion of land which is	82590
presently occupied by the city of Defiance – Parks Department, and	82591
containing fifteen and thirty-two hundredths (15.32) acres more or	82592
less, subject to existing easements, restrictions and right-of-way	82593
of record.	82594

Being part of Tax I.D. Parcel No. B110027001601.	82595

Note: All bearings used herein are assumed for descriptive	82596
purposes only and are not referenced to true or magnetic North.	82597

(B) Consideration for conveyance of the real estate shall be	82598
$90,000, as derived by mutual agreement reached between the state	82599
and the grantee through an executed Offer to Purchase. Of this	82600
amount, $20,000 shall be paid at closing and transfer of title,	82601
and $70,000 shall be credited at closing for tenant improvements	82602
the grantee has made to the real estate.	82603

(C) The real estate shall be sold as an entire tract and not	82604
in parcels.	82605

(D) Prior to the execution of the deed, possession of the	82606
real estate shall be governed by an existing interim lease between	82607
the Department of Administrative Services and the grantee.	82608

(E) The grantee shall pay the costs of the conveyance,	82609
including recordation costs of the deed.	82610

(F) Upon payment of the purchase price, the Auditor of State,	82611
with the assistance of the Attorney General, shall prepare a deed	82612
to the real estate. The deed shall state the consideration. The	82613
deed be executed by the Governor in the name of the state,	82614
countersigned by the Secretary of State, sealed with the Great	82615
Seal of the State, presented in the Office of the Auditor of State	82616
for recording, and delivered to the grantee. The grantee shall	82617
present the deed for recording in the Office of the Defiance	82618
County Recorder.	82619

(G) The net proceeds of the sale of the real estate shall be	82620
deposited in the state treasury to the credit of the Armory	82621
Improvements Fund pursuant to section 5911.10 of the Revised Code.	82622

(H) This section expires one year after its effective date.

82623

Section 753.30. (A) The Governor is authorized to execute a	82624
deed in the name of the state conveying to the Spanish War Veteran	82625
Association (the "grantee"), Erie County, Ohio, and its successors	82626
and assigns, all of the state's right, title, and interest in the	82627
following described real estate:	82628

Situated in the Third Section of Vermilion Township, County of	82629
Erie and State of Ohio:	82630

Being a part of Lot. No. 33 in the Third Section of Vermilion	82631
Township, Erie County, Ohio, lying north of the Cleveland-Sandusky	82632
Road and more fully described as follows:	82633

Beginning at a point in the center line of the Cleveland-Sandusky	82634
Road (I.C.H. No. 3) said point being 137 feet westerly from the	82635
intersection of said Cleveland-Sandusky Road and the east line of	82636
Lot No. 33;	82637

Thence westerly along the center line extended of the said	82638
Cleveland-Sandusky Road 263 feet to a point;	82639

Thence in a northwesterly direction along a line at right angles	82640
to the said center line extended of the said Cleveland-Sandusky	82641
Road 243 feet to a point in the waters of Lake Erie;	82642

Thence in an easterly direction and parallel to the said center	82643
line of the Cleveland-Sandusky Road to a point in the waters of	82644
Lake Erie;	82645

Thence southerly along a line parallel to the east line of Lot No.	82646
33 to the place of beginning, excepting the south 81.6 feet as	82647
measured at right angles from the center line of the	82648
Cleveland-Sandusky Road.	82649

Parcel No.: 12-61002.000	82650

The Director of Administrative Services may adjust the legal	82651
description to accommodate any corrections necessary to facilitate	82652
recordation of the deed.	82653

(B) Consideration for conveyance of the real estate is the	82654
purchase price of $10.	82655

(C) The real estate was originally conveyed to the state of	82656
Ohio in 1934 to qualify for a federal Works Projects	82657
Administration erosion and tidal wave mediation project. Once the	82658
construction project was completed, the state was to have returned	82659
title to this property to the Spanish War Veteran Association. The	82660
intent of this section is to correct this oversight.	82661

(D) The grantee shall pay all costs associated with the	82662
conveyance, including recordation costs of the deed.	82663

(E) Upon payment of the purchase price, the Auditor of State,	82664
with the assistance of the Attorney General, shall prepare a deed	82665
to the real estate. The deed shall state the consideration. The	82666
deed shall be executed by the Governor in the name of the state,	82667
countersigned by the Secretary of State, sealed with the Great	82668
Seal of the State, presented in the Office of the Auditor of State	82669
for recording, and delivered to the grantee. The grantee shall	82670
present the deed for recording in the Office of the Erie County	82671
Recorder.	82672

(F) This section expires one year after its effective date.

82673

Section 753.40. (A) The Governor is authorized to execute a	82674
deed in the name of the state conveying to a buyer or buyers to be	82675
determined in the manner provided in this section, all of the	82676
state's right, title and interest in the following described real	82677
estate that the Director of Administrative Services has determined	82678
is no longer required for state purposes:	82679

Situated in the Village of Apple Creek, Township of East Union,	82680
County of Wayne and State of Ohio and being known as a part of Out	82681
Lot Fourteen (14) as platted in Plat Volume 1, Pages 280 – 285 and	82682
more fully described as follows:	82683

Beginning at a stone at the northeasterly comer of Lot No. 91 as	82684
platted in Plat Vol. 1, Page 280, said point being at a bend in	82685
Grange Street, according to the plat of the Village of Apple Creek	82686
and also on the westerly line of lands owned by the State of Ohio;	82687

1. thence North 45° 00' 00"West along northerly line of	82688
Grange Street 85.20 feet to an iron pin;	82689

2. thence North 45° 00' 00" East 221.76 feet to an iron pin;

82690

3. thence North 81° 55' 00" East 232.38 feet to an iron pin;

82691

4. thence South 08° 05' 00" East 350.00 feet to an iron pin;

82692

5. thence South 81° 55' 00" West along the Northerly line of	82693
O. L. 15, 285.00 feet to a point, referenced by an iron pin North	82694
81° 55' 00" East 4.00 feet;	82695

6. thence North 34° 23' 24" West along the easterly line of	82696
Lot No. 91 and the westerly line of lands owned by the State of	82697
Ohio 165.86 feet to the place of beginning and containing 2.68	82698
acres, more or less.	82699

See survey "DD"-492

82700

The real property described above is conveyed subject to all	82701
easements, covenants, conditions and restrictions of record; all	82702
legal highways; zoning, building and other laws, ordinances and	82703
regulations; and real estate taxes and assessments not yet due and	82704
payable.	82705

Tax Parcel Number: 28-00467.000 Prior Instrument Reference:	82706
Official Record 623, Page 1611 of the Wayne County Records.	82707

The Director of Administrative Services may adjust the legal	82708
description to accommodate any corrections deemed necessary to	82709
facilitate recordation of the deed.	82710

(B) The Director of Administrative Services shall offer the	82711
real estate, and the improvements and chattels located on the real	82712
estate, for sale "as is" in its present condition according to the	82713
following process:	82714

(1) The real estate shall be sold as an entire parcel and not	82715
subdivided.	82716

(2) The Director of Administrative Services shall conduct a	82717
public auction and the real estate shall be sold to the highest	82718
bidder at a price acceptable to both the Director of	82719
Administrative Services and the Director of Developmental	82720
Disabilities.	82721

The Director of Administrative Services shall advertise the	82722
public auction in a newspaper of general circulation within Wayne	82723
County, once a week for three consecutive weeks prior to the date	82724
of the auction.	82725

The Director of Administrative Services may reject any and	82726
all bids from the public auction.	82727

The terms of sale shall be ten per cent of the purchase price	82728
in cash, bank draft, or certified check on the date of sale, with	82729
the balance payable within sixty days after the date of sale. A	82730
purchaser who does not complete the conditions of the sale shall	82731
forfeit the ten per cent of the purchase price presented at the	82732
time of sale to the state as liquidated damages. Should a	82733
purchaser not complete the conditions of sale, the Director of	82734
Administrative Services may accept the next highest bid by	82735
collecting ten per cent of the revised purchase price from that	82736
bidder and proceed to close the sale, so long as the secondary bid	82737
meets all other criteria provided for in this division.	82738

(3) Advertising costs, appraisal fees, and other costs	82739
incident to the conveyance shall be paid by the Department of	82740
Developmental Disabilities.	82741

(C) Upon notice from the Director of Administrative Services	82742
that the real estate has been sold, the Auditor of State, with the	82743
assistance of the Attorney General, shall prepare a deed to the	82744
real estate, conveying it to the purchaser identified by the	82745
Director of Administrative Services. The deed shall be executed by	82746
the Governor, countersigned by the Secretary of State, presented	82747
in the Office of the Auditor of State for recording, and delivered	82748
to the grantee at closing and upon the grantee's payment of the	82749
balance of the purchase price. The grantee shall present the deed	82750
for recording in the Wayne County Recorder's Office.	82751

(D) The net proceeds of the sale of the real estate shall be	82752
deposited in the state treasury to the credit of the Mental Health	82753
Improvement Fund to offset bond indebtedness for Gallipolis	82754
Developmental Center capital projects.	82755

(E) This section expires three years after its effective	82756
date.	82757

Section 753.50. (A) The Governor is authorized to execute a	82758
deed in the name of the state conveying to the Board of County	82759
Commissioners of Guernsey County, Ohio (the "grantee"), and its	82760
successors and assigns, all of the State's right, title, and	82761
interest in the following described real estate:	82762

Situated in the State of Ohio, County of Guernsey, Township of	82763
Cambridge, and being a part of the Northwest Quarter of Section 3,	82764
Township 2, Range 3, of the United States Military Lands, and	82765
being a part of a 256.55 Acre parcel as conveyed to The State of	82766
Ohio by deed of record in Deed Volume 215, Page 522, and being a	82767
part of parcel number 02-03838.000, all references being to those	82768
of record in the Recorder's Office in Guernsey County, Ohio. The	82769
1.07 Acre parcel being more particularly bounded and described as	82770
follows:	82771

Commencing at a mag nail found marking the Southwest Corner of the	82772
Northwest Quarter of Section 3, and also being the centerline	82773
intersection of Oldham Road and Lalakus Drive.	82774

Thence North 1°53'49" East, 1281.16 Feet along the centerline of	82775
Lalakus Drive to an iron pin found (5/8" rebar with yellow cap	82776
labeled "WARD 7356"), marking the point of intersection of Lalakus	82777
Drive and Toland Drive.	82778

Thence South 88°37'29" East, 825.61 Feet along the centerline of	82779
Toland Drive to a point.	82780

Thence South 1°22'31" West, 40.00 Feet to an iron pin set on the	82781
southerly right-of-way line of Toland Drive and being the Point of	82782
Beginning for the herein described 1.07 Acre Parcel.	82783

Thence South 88°37'29" East, 223.20 Feet along the southerly	82784
right-of-way line of Toland Drive to an iron pin set.	82785

Thence across the said 256.55 Acre State of Ohio parcel the	82786
following five courses and distances:	82787

South 2°34'59" West, 218.95 Feet to an iron pin set.

82788

North 88°40'03" West, 217.05 Feet to an iron pin set.

82789

North 10°05'12" East, 136.85 Feet to an iron pin set.

82790

Northwesterly with a curve to the right bearing North	82791
30°43'34" West, 44.64 Feet, with a radius of 40.00 Feet, and a Arc	82792
Length of 47.36 Feet, to an iron pin set.	82793

North 3°11'34" East, 45.99 Feet to the Point of Beginning and	82794
containing 1.07 Acres more or less according to a field survey	82795
made by the Department of Administrative Services General Services	82796
Division, Office of Real Estate and Planning, during September of	82797
2009.	82798

Subject however to all legal easements and or rights-of-way if any	82799
of public record. All iron pins set are 5/8" rebar 30" in length	82800
with an orange I.D. Cap labeled "BLAINE 7830".	82801

The Director of Administrative Services may adjust the legal	82802
description to accommodate any corrections necessary to facilitate	82803
recordation of the deed.	82804

(B) Consideration for conveyance of the real estate shall be	82805
$5,000 paid to the state at closing according to a mutual	82806
agreement reached between the state and the grantee through an	82807
executed Offer to Purchase.	82808

(C) The real estate shall be sold as an entire tract and not	82809
in parcels.	82810

(D) The grantee shall pay the costs of the conveyance,	82811
including recordation costs of the deed.	82812

(E) Prior to the execution of the deed, possession of the	82813
real estate shall be governed by an existing interim lease between	82814
the Department of Administrative Services and the grantee.	82815

(F) Upon payment of the purchase price, the Auditor of State,	82816
with the assistance of the Attorney General, shall prepare a deed	82817
to the real estate. The deed shall state the consideration. The	82818
deed shall be executed by the Governor in the name of the state,	82819
countersigned by the Secretary of State, sealed with the Great	82820
Seal of the State, presented in the Office of the Auditor of State	82821
for recording, and delivered to the grantee. The grantee shall	82822
present the deed for recording in the Office of the Guernsey	82823
County Recorder.	82824

(G) This section expires one year after its effective date.

82825

Section 753.60. (A) The Governor is authorized to execute a	82826
deed in the name of the state conveying to a buyer or buyers to be	82827
determined in the manner provided in this section, all of the	82828
state's right, title, and interest in the following described real	82829
estate that the Director of Administrative Services has determined	82830
is no longer required for state purposes:	82831

Situated in the State of Ohio County of Gallia, Township of	82832
Addison, being in Section 13, Town 4 N, Range 14 W, Ohio Company	82833
Purchase. Being part of that parcel of land described in Volume	82834
180 Page 825, conveyed to the State of Ohio, and being more	82835
particularly described as follows:	82836

Commencing at a Concrete Monument found at centerline station	82837
933+36.19, said monument and stationing referenced to right of way	82838
plan Gal-35-13.45;	82839

thence S 86°42' 42" W along a random line a distance of 185.72	82840
feet to an iron pin set in the existing right of way line of S.R.	82841
735 at 120.00 feet left of centerline station 931+95.16, and being	82842
the Grantors south east comer, said point being the True Place of	82843
Beginning;	82844

thence leaving said right of way line and along the Grantors	82845
southerly property line N 87° 24' 01" W (passing an iron pin found	82846
"Lambert" at 2.92 feet) a total distance of 403.54 feet to an iron	82847
pin set;	82848

thence leaving said Grantors southerly property line the following	82849
nine courses:	82850

1) N 02° 37' 33" E a distance of 14.43 feet to an iron pin	82851
set;	82852

2) N 82° 15' 08" W a distance of 52.52 feet to an iron pin	82853
set;	82854

3) N 64° 14' 07"W a distance of 103.83 feet to an iron pin	82855
set;	82856

4) N 75° 59' 40" W a distance of 108.67 feet to an iron pin	82857
set;	82858

5) N 83° 14' 38" W a distance of 109.48 feet to an iron pin	82859
set;	82860

6) N 88° 17' 52" W a distance of 105.23 feet to an iron pin	82861
set;	82862

7) S 88° 24' 56" W a distance of 100.13 feet to an iron pin	82863
set;	82864

8) N 89° 31' 31" W a distance of 271.48 feet to an iron pin	82865
set;	82866

9) S 86° 28' 30" W a distance of 170.51 feet to an iron pin	82867
set on the Grantors westerly property line;	82868

thence along the Grantors westerly property line N 19° 29' 41 " E	82869
a distance of 378.98 feet to an iron pin found;	82870

thence along the Grantors northerly property line S 87° 20' 08" E	82871
(passing an iron pin found at 670.77 feet and an iron pin set at	82872
1603.75 feet) a total distance of 1702.02 feet to centerline	82873
station 937+47.45, 156.21 feet left, said point also being on the	82874
existing right of way line of State Route 735;	82875

thence along said existing right of way line, also being the	82876
Grantors easterly property line S 60° 58' 53" W a distance of	82877
12.57 feet to centerline station 937+36.19, 157.62 feet left;	82878

thence along said existing right of way line S 46° 19' 04" W	82879
(passing an iron pin set at 203.63 feet) a total distance of	82880
421.16 feet to an iron pin set;	82881

thence along said existing right of way line S 46° 19' 02'1 W a	82882
distance of 141.03 to the Place of Beginning. The above described	82883
area of 13.240 acres, including the present road which occupies	82884
0.00 acres is contained with Auditor's Parcel No. 002-355-192-00	82885
which contains 14.860 acres more or less.	82886

This description is prepared under the direction and supervision	82887
of Ronald F. Riser, Ohio Professional Surveyor No. S-7093_ for the	82888
Ohio Department of Transportation, and is based on a survey	82889
performed by The Ohio Department of Transportation in 2008.	82890
Subject to all legal easements and rights of way. All iron pins	82891
set are 5/8" x 30" with an attached plastic identification cap.	82892
(ODOT District 10). Grantor claims title by instrument(s) recorded	82893
in Volume 180, Page 825, in the Gallia County Recorder's Office.	82894
The bearings are based on the State Plane Coordinate System Ohio	82895
South, NAD 83 (NSRS2007).	82896

The Director of Administrative Services may adjust the legal	82897
description to accommodate any corrections necessary to facilitate	82898
recordation of the deed.	82899

(B) The Director of Administrative Services shall offer the	82900
real estate, and the improvements and chattels located on the	82901
parcel, for sale "as is" in its present condition according to the	82902
following process:	82903

(1) The real estate shall be sold as an entire parcel and not	82904
subdivided.	82905

(2) The Department of Developmental Disabilities, with the	82906
assistance of the Department of Administrative Services, shall	82907
have the parcel appraised by one or more disinterested persons for	82908
a fee to be determined by and paid by the Department of	82909
Developmental Disabilities. The Director of Administrative	82910
Services shall then offer the real estate at the appraised value	82911
to the Board of County Commissioners of Gallia County.	82912

(3) Acceptance of an offer to purchase the real estate shall	82913
be made by executing a document entitled "Offer to Purchase Real	82914
Estate" and delivering it to the Director of Administrative	82915
Services. The document shall establish the terms of the	82916
conveyance.	82917

(4) If, after thirty days, the Board of County Commissioners	82918
of Gallia County has declined the offer to purchase the real	82919
estate at the appraised value, or if the Board of County	82920
Commissioners of Gallia County has accepted the offer but has	82921
failed to complete the purchase, the Director of Administrative	82922
Services shall offer the real estate at the appraised value to the	82923
Board of Township Trustees of Addison Township.	82924

(5) If, after thirty days, the Board of Township Trustees of	82925
Addison Township has declined the offer to purchase the real	82926
estate at the appraised value, or if the Board of Township	82927
Trustees of Addison Township has accepted the offer but has failed	82928
to complete the purchase, the Director of Administrative Services	82929
shall conduct a public auction and the real estate shall be sold	82930
to the highest bidder at a price acceptable to both the Director	82931
of Administrative Services and the Director of Developmental	82932
Disabilities.	82933

The Director of Administrative Services shall advertise the	82934
public auction in a newspaper of general circulation within Gallia	82935
County, once a week for three consecutive weeks prior to the date	82936
of the auction.	82937

The Director of Administrative Services may reject any and	82938
all bids from the public auction.	82939

The terms of sale shall be ten per cent of the purchase price	82940
in cash, bank draft, or certified check on the date of sale, with	82941
the balance payable within sixty days after the date of sale. A	82942
purchaser who does not complete the conditions of the sale shall	82943
forfeit the ten per cent of the purchase price presented at the	82944
time of sale to the state as liquidated damages. Should a	82945
purchaser not complete the conditions of sale, the Director of	82946
Administrative Services may accept the next highest bid by	82947
collecting ten per cent of the revised purchase price from that	82948
bidder and proceed to close the sale, so long as the secondary bid	82949
meets all other criteria provided for in this section.	82950

(6) Advertising costs, appraisal fees, and other costs	82951
incident to the conveyance shall be paid by the Department of	82952
Developmental Disabilities.	82953

(C) Upon notice from the Director of Administrative Services	82954
that real estate has been sold, the Auditor of State, with the	82955
assistance of the Attorney General, shall prepare a deed to the	82956
real estate, conveying it to the purchaser identified by the	82957
Director of Administrative Services. The deed shall state the	82958
consideration. The deed shall be executed by the Governor in the	82959
name of the state, countersigned by the Secretary of State, sealed	82960
with the Great Seal of the State, presented in the Office of the	82961
Auditor of State for recording, and delivered to the grantee at	82962
closing and upon the grantee's payment of the balance of the	82963
purchase price. The grantee shall present the deed for recording	82964
in the Gallia County Recorder's Office.	82965

(D) The net proceeds of the sale of the real estate shall be	82966
deposited in the state treasury to the credit of the Mental Health	82967
Improvement Fund (Fund 33) to offset bonded indebtedness for	82968
Gallipolis Developmental Center capital projects.	82969

(E) This section expires three years after its effective	82970
date.	82971

Section 753.70. (A) The Governor is authorized to execute a	82972
deed in the name of the state conveying to the Board of Education	82973
of the Columbus City School District (the "grantee"), and its	82974
successors and assigns, all of the state's right, title, and	82975
interest in the following described real estate:	82976

Situated in the State of Ohio, County of Franklin, City of	82977
Columbus, being in Virginia Military Survey Numbers 1393 and 2668	82978
residual portion of 130 acres conveyed to the State of Ohio per	82979
Deed Book 82, Page 582, all references being recorded in the	82980
Franklin County Ohio Recorder's Office, and being more	82981
particularly described as follows:	82982

Commencing for reference at a 5/8" iron pipe found undisturbed on	82983
the southeast corner of a 10.767 acre tract conveyed to the Board	82984
of Education of the City of Columbus School District per Inst.	82985
#200701290017021, and being on the westerly right of way line of	82986
South Central Ave.(60') as depicted on the Subdivision of M.L.	82987
Sullivants Land in Plat Book 11, Page 21, said pipe also being	82988
South 08°28'47" East 850.11 feet from an 5/8" iron pipe found	82989
undisturbed on the southeast corner of Lot #1 of Franklinton	82990
Square per Plat Book 67 Page 17, thence along the south line of	82991
said 10.767 acre tract South 81°33 15" West 20.00 feet to an iron	82992
pin set and being the TRUE POINT OF BEGINNING for the parcel	82993
herein conveyed;	82994

Thence passing through said residual State of Ohio land, South	82995
08°28'47" East a distance of 30.00 feet to a railroad spike set on	82996
the north line of a 3.00 acre tract of land conveyed to Netcare	82997
Corporation per Official Record Vol. 9563 Pg. I07;	82998

Thence along said north line, the north line of a 9.796 acre tract	82999
conveyed to the Board of Commissioners of Franklin County, Ohio	83000
per Official Record Vol. 15066 Pg. A13, and along the south line	83001
of a 30 foot strip of said residual State of Ohio land, South	83002
81°33 '15" West a distance of 1039.08 feet, passing the northwest	83003
corner of said 3.00 acre tract at 242.03 feet, to an iron pin set	83004
on the northwest corner of said 9.796 acre tract, and on the east	83005
Limited Access Right of Way line of I-70 as shown on ODOT right of	83006
way plan FRA-70-10.36S acquired per Deed Book 3160 Page 668;	83007

Thence along said Limited Access Right of Way line, North 28°	83008
15'14" West a distance of 31.89 feet to an iron pin set on the	83009
southwest corner of a 4.250 acre tract of land conveyed to AUM 99	83010
LLC per Inst. #200910060144358 (also being Lot No. 10 of said	83011
Franklinton Square);	83012

Thence along the south line of said 4.250 acre tract, and the	83013
north line of said residual State of Ohio land, North 81°33' 15"	83014
East a distance of 1049.87 feet, passing the southwest corner of	83015
said 10.767 acre tract at 220.17 feet, to the TRUE POINT OF	83016
BEGINNING and containing 0.719 acres more or less.	83017

The above description was prepared by Korda/Nemeth Engineering,	83018
Inc. from field and record observations made March 21, 2011 under	83019
the direction and supervision of Nathan W. Anderson, Ohio	83020
Registered Surveyor No. 8322.	83021

The basis of bearings of this description is based on the westerly	83022
line of South Central Avenue being South 08°28'47" East as	83023
referenced in the deed to the Board of Education of the City of	83024
Columbus School District, per Inst. # 200701290017021, Recorder's	83025
Office, Franklin County, Ohio.	83026

Monuments referred to as iron pins set will be 5/8 inch diameter x	83027
30 inches long capped iron bars inscribed "KNE 8322".	83028

The Department of Administrative Services may adjust the	83029
legal description to accommodate any corrections necessary to	83030
facilitate recordation of the deed.	83031

(B) Consideration for conveyance of the real estate shall be	83032
$3,131.96, as derived by mutual agreement reached between the	83033
Department of Administrative Services and the grantee through an	83034
executed Offer to Purchase. The consideration shall be paid to	83035
state at closing.	83036

(C) The real estate shall be sold as an entire tract and not	83037
in parcels.	83038

(D) Prior to the execution of the deed, possession of the	83039
real estate shall be governed by an interim lease between the	83040
Department of Administrative Services and the grantee.	83041

(E) The net proceeds of the sale of the real estate shall be	83042
deposited into the state treasury to the credit of the Department	83043
of Developmental Disabilities Fund 1520 (sale of Town Street	83044
Extension).	83045

(F) The grantee shall pay the costs of the conveyance,	83046
including recordation costs of the deed.	83047

(G) The Auditor of State, with the assistance of the Attorney	83048
General, shall prepare a deed to the real estate. The deed shall	83049
state the consideration. The deed shall be executed by the	83050
Governor in the name of the state, countersigned by the Secretary	83051
of State, sealed with the Great Seal of the State, presented in	83052
the Office of the Auditor of State for recording, and delivered to	83053
the grantee. The grantee shall present the deed for recording in	83054
the Office of the Franklin County Recorder.	83055

(H) This section expires one year after its effective date.

83056

Section 753.80. (A) The Director of Administrative Services	83057
is authorized to execute a perpetual easement in the name of the	83058
state, granting to the City of Cambridge, and its successors and	83059
assigns, a perpetual interest in the following described real	83060
estate (hereinafter referred to as the "Easement Area"):	83061

LEGAL DESCRIPTION FOR WATERLINE EASEMENT	83062

SECTION "A"	83063

0.390 ACRES	83064

Situated in the State of Ohio, County of Guernsey, Township	83065
of Cambridge, and being a part of the northwest Quarter of Section	83066
3, and also being a part of a State of Ohio parcel as conveyed in	83067
Deed Volume 215, Page 522, all references being to those of record	83068
in the Recorder's Office in Guernsey County, Ohio. The 0.390 Acre	83069
Waterline easement being more particularly bounded and described	83070
as follows.	83071

Commencing at the southwest corner of the northwest quarter	83072
of Section 3, and the centerline intersection of Oldham Road and	83073
Lakakus Road.	83074

Thence South 89°12'53" East, 40.00 Feet along the centerline	83075
of Oldham Road to a point.	83076

Thence North 1°19'03" East, 40.00 Feet to the intersection of	83077
the northerly right-of-way line of Oldham Road and the easterly	83078
right-of-way line of Lalakus Road, and being the Point of	83079
Beginning for the herein described 0.390 Acre waterline easement.	83080

Thence North 1°19'03" East, 1178.58 Feet along the easterly	83081
right-of-way line of Lalakus Road to a point of curvature of a	83082
curve to the right.	83083

Thence with a curve to the right bearing North 25°15'27"	83084
East, 18.43 Feet with a radius of 22.78 Feet, and a Arc Length of	83085
19.03 Feet, to a point.	83086

Thence across the said State of Ohio parcel the following six	83087
courses and distances:	83088

South 1°19'03" West, 217.07 Feet to a point.

83089

North 88°59'19" East, 149.30 Feet to a point.

83090

North 0°47'07" East, 74.72 Feet to a point.

83091

South 89°12'53" East, 15.00 Feet to a point.

83092

South 0°47'07" West, 74.25 Feet to a point.

83093

North 88°59'19" East, 23.25 Feet to a point on the westerly	83094
line of a 26.32 Acre State of Ohio parcel, known as Parcel One.	83095

Thence South 0°32'51" West, 81.04 Feet along the westerly	83096
line of the said 26.32 Acre State of Ohio parcel to a point.	83097

Thence across the said State of Ohio parcel the following	83098
nine courses and distances:	83099

North 89°12'53" West, 7.65 Feet to a point.

83100

North 0°56'21' East, 65.81 Feet to a point.

83101

South 88°59'19" West, 123.29 Feet to a point.

83102

South 0°47'07" West, 54.06 Feet to a point.

83103

North 89°12'53" West, 15.00 Feet to a point.

83104

North 0°47'07" East, 53.59 Feet to a point.

83105

South 88°59'19" West, 42.07 Feet to a point.

83106

South 1°19'03" West, 249.09 Feet to a point.

83107

South 89°16'17" East, 187.68 Feet to a point on the westerly	83108
line o the said 26.32 Ace State of Ohio parcel.	83109

Thence South 1°19'14" West, 15.00 Feet along the westerly	83110
line of the said 26.32 Acre State of Ohio parcel to a point.	83111

Thence North 89°16'17" West, 187.73 Feet across the said	83112
State of Ohio parcel to a point.	83113

Thence South 1°19'03" West, 699.22 Feet across the said State	83114
of Ohio parcel to a point on the northerly right-of-way line	83115
Oldham Road.	83116

Thence North 89°12'53" West, 7.50 Feet along the northerly	83117
right-of-way line of Oldham Road to the Point of Beginning and	83118
containing 0.390 Acres more or less according to a field survey	83119
made by the Department of Administrative Services, General	83120
Services Division, Office of Real Estate and Planning, during	83121
February of 2009.	83122

Subject however to all legal easements and or rights-of-way	83123
if any of public record.	83124

The bearings in the above description are based upon a survey	83125
made by Linn engineering Ltd., project no. CMH-758, dated	83126
10-21-08.	83127

LEGAL DESCRIPTION FOR WATERLINE EASEMENT	83128

SECTION "B"	83129

0.201 ACRES	83130

Situated in the State of Ohio, County of Guernsey, Township	83131
of Cambridge, and being a part of the northwest Quarter of Section	83132
3, and also being a part of a State of Ohio parcel as conveyed in	83133
Deed Volume 215, Page 522, all references being to those of record	83134
in the Recorder's Office in Guernsey County, Ohio. The 0.201 Acre	83135
Waterline easement being more particularly bounded and described	83136
as follows.	83137

Commencing at the southwest corner of the northwest quarter	83138
of Section 3, and the centerline intersection of Oldham Road and	83139
Lakakus Road.	83140

Thence South 89°12'53" East, 237.34 Feet along the centerline	83141
of Oldham Road to a point.	83142

Thence North 1°09'14" East, 40.00 Feet to the northerly	83143
right-of-way line of Oldham Road and being the Point of beginning	83144
for the herein described 0.201 Acre waterline easement.	83145

Thence across the said State of Ohio parcel the following	83146
fourteen courses and distances:	83147

North 1°09'14" East, 334.58 Feet to a point.

83148

South 90°00'00" West, 33.54 Feet to a point.

83149

North 00°00'00" East, 15.00 Feet to a point.

83150

North 90°00'00" East, 33.84 Feet to a point.

83151

North 1°09'14" East, 148.49 Feet to a point.

83152

North 89°47'35" West, 188.33 Feet to a point.

83153

North 1°19'03" East, 15.00 Feet to a point.

83154

South 89°47'35" East, 58.39 Feet to a point.

83155

North 0°47'07" East, 19.41 Feet to a point.

83156

South 89°12'53" East, 15.00 Feet to a point.

83157

South 0°47'07" West, 19.26 Feet to a point.

83158

South 89°47'35" East, 114.89 Feet to a point.

83159

North 1°09'14" East, 216.88 Feet to a point.

83160

South 89°27'09" East, 3.19 Feet to a point on the westerly	83161
line of a 26.32 Acre State of Ohio parcel, known as Parcel One.	83162

Thence South 0°32'51" West, 729.95 Feet along the westerly	83163
line of the said 26.32 Acre State of Ohio parcel to a point.	83164

Thence North 89°12'53" West, 10.92 Feet along the northerly	83165
right-of-way line of Oldham Road to the Point of Beginning and	83166
containing 0.390 Acres more or less according to a field survey	83167
made by the Department of Administrative Services, General	83168
Services Division, Office of Real Estate and Planning, during	83169
February of 2009.	83170

Subject however to all legal easements and or rights-of-way	83171
if any of public record.	83172

The bearings in the above description are based upon a survey	83173
made by Linn engineering Ltd., project no. CMH-758, dated	83174
10-21-08.	83175

LEGAL DESCRIPTION FOR WATERLINE EASEMENT	83176

SECTION "C"	83177

0.018 ACRES	83178

Situated in the State of Ohio, County of Guernsey, Township	83179
of Cambridge, and being a part of the northwest Quarter of Section	83180
3, and also being a part of a State of Ohio parcel as conveyed in	83181
Deed Volume 215, Page 522, all references being to those of record	83182
in the Recorder's Office in Guernsey County, Ohio. The 0.018 Acre	83183
Waterline easement being more particularly bounded and described	83184
as follows.	83185

Commencing at the southwest corner of the northwest quarter	83186
of Section 3, and the centerline intersection of Oldham Road and	83187
Lakakus Road.	83188

Thence South 89°12'53" East, 248.68 Feet along the centerline	83189
of Oldham Road to a point.	83190

Thence North 0°32'51" East, 1037.41 Feet along the westerly	83191
line of a 26.32 Acre parcel as conveyed to the State of Ohio by	83192
deed of record in Deed Volume 215, Page 522.	83193

Thence South 89°27'08" East, 65.11 Feet along the northerly	83194
line of the said 26.32 Acre State of Ohio parcel, and being the	83195
Point of beginning for the herein described 0.018 Acre waterline	83196
easement.	83197

Thence across the said State of Ohio parcel the following	83198
three courses and distances:	83199

North 0°38'24" West, 51.37 Feet to a point.

83200

South 89°42'53" East, 15.00 Feet to a point.

83201

South 0°38'54" East, 51.43 Feet to a point on the northerly	83202
line of the said 26.32 Acre State of Ohio parcel.	83203

Thence North 89°27'08" West, 15.00 Feet along the northerly	83204
line of the said 26.32 Acre State of Ohio parcel to the Point of	83205
Beginning and containing 0.018 Acres more or less according to a	83206
field survey made by the Department of Administrative Services,	83207
General Services Division, Office of Real Estate and Planning,	83208
during February of 2009.	83209

Subject however to all legal easements and or rights-of-way	83210
if any of public record.	83211

The bearings in the above description are based upon a survey	83212
made by Linn engineering Ltd., project no. CMH-758, dated	83213
10-21-08.	83214

LEGAL DESCRIPTION FOR WATERLINE EASEMENT	83215

SECTION "D"	83216

0.172 ACRES	83217

Situated in the State of Ohio, County of Guernsey, Township	83218
of Cambridge, and being a part of the northwest Quarter of Section	83219
3, and also being a part of a State of Ohio parcel as conveyed in	83220
Deed Volume 215, Page 522, all references being to those of record	83221
in the Recorder's Office in Guernsey County, Ohio. The 0.172 Acre	83222
Waterline easement being more particularly bounded and described	83223
as follows.	83224

Commencing at the southwest corner of the northwest quarter	83225
of Section 3, and the centerline intersection of Oldham Road and	83226
Lakakus Road.	83227

Thence North 1°19'03" East, 1218.95 Feet along the centerline	83228
of Lalakus Road to the point of curvature of a curve to the right.	83229

Thence with a curve to the right bearing North 46°03'24"	83230
East, 88.37 Feet with a radius of 62.78 Feet, and with an arc	83231
length of 98.03 Feet, along the centerline of Lalakus Road to the	83232
point of tangency.	83233

Thence South 89°12'15" East, 721.17 Feet along the centerline	83234
of Toland Drive to a point.	83235

Thence South 0°00'00" East, 40.00 Feet to a point on the	83236
southerly right-of-way line of Toland Drive and being the Point of	83237
beginning for the herein described 0.172 Acre waterline easement.	83238

Thence across the said State of Ohio parcel the following	83239
twenty two courses and distances:	83240

South 0°00'00" East, 83.30 Feet to a point.

83241

South 89°01'32" East, 22.45 Feet to a point.

83242

South 0°58'28" West, 15.00 Feet to a point

83243

North 89°01'32" West, 23.00 Feet to a point.

83244

South 6°24'45" West, 83.78 Feet to a point.

83245

South 0°22'35" West, 67.24 Feet to a point.

83246

North 89°37'25" West, 15.00 Feet to a point.

83247

North 0°22'35" East, 60.32 Feet to a point.

83248

North 88°10'46" West, 130.30 Feet to a point.

83249

South 0°00'00" West, 38.73 Feet to a point.

83250

North 85°09'17" West, 6.40 Feet to a point.

83251

South 1°18'12" West, 24.42 Feet to a point.

83252

North 88°41'48" West, 15.00 Feet to a point.

83253

North 1°18'12' East, 25.35 Feet to a point.

83254

North 85°09'17" West, 11.66 Feet to a point.

83255

North 4°50'43" East, 15.00 Feet to a point.

83256

South 85°09'17" East, 16.77 Feet to a point.

83257

North 0°00'00" West, 37.89 Feet to a point.

83258

South 88°10'46" East, 146.18 Feet to a point.

83259

North 6°24'45" East, 83.66 Feet to a point.

83260

North 0°00'00" East, 90.46 Feet to a point on the southerly	83261
right-of-way line of Toland Road.	83262

Thence South 89°12'15" East, 15.00 Feet along the northerly	83263
right-of-way line of Toland Road to the Point of Beginning and	83264
containing 0.172 Acres more or less according to a field survey	83265
made by the Department of Administrative Services, General	83266
Services Division, Office of Real Estate and Planning, during	83267
February of 2009.	83268

Subject however to all legal easements and or rights-of-way	83269
if any of public record.	83270

The bearings in the above description are based upon a survey	83271
made by Linn engineering Ltd., project no. CMH-758, dated	83272
10-21-08.	83273

LEGAL DESCRIPTION FOR WATERLINE EASEMENT	83274

SECTION "E"	83275

0.025 ACRES	83276

Situated in the State of Ohio, County of Guernsey, Township	83277
of Cambridge, and being a part of the northwest Quarter of Section	83278
3, and also being a part of a State of Ohio parcel as conveyed in	83279
Deed Volume 215, Page 522, all references being to those of record	83280
in the Recorder's Office in Guernsey County, Ohio. The 0.025 Acre	83281
Waterline easement being more particularly bounded and described	83282
as follows.	83283

Commencing at the southwest corner of the northwest quarter	83284
of Section 3, and the centerline intersection of Oldham Road and	83285
Lakakus Road.	83286

Thence North 1°19'03" East, 1218.95 Feet along the centerline	83287
of Lalakus Road to the point of curvature of a curve to the right.	83288

Thence with a curve to the right bearing North 46°03'24"	83289
East, 88.37 Feet with a radius of 62.78 Feet, and with an arc	83290
length of 98.03 Feet, along the centerline of Lalakus Road to the	83291
point of tangency.	83292

Thence South 89°12'15" East, 815.29 Feet along the centerline	83293
of Toland Drive to a point.	83294

Thence North 0°00'00" East, 40.00 Feet to a point on the	83295
northerly right-of-way line of Toland Drive and being the Point of	83296
beginning for the herein described 0.025 Acre waterline easement.	83297

Thence across the said State of Ohio parcel the following	83298
three courses and distances:	83299

North 0°00'00" East, 71.97 Feet to a point.

83300

South 90°00'00" East, 15.00 Feet to a point.

83301

South 0°00'00" East, 72.18 Feet to a point on the northerly	83302
right-of-way line of Toland Road.	83303

Thence North 89°12'15" West, 15.00 Feet along the northerly	83304
right-of-way line of Toland Road to the Point of Beginning and	83305
containing 0.025 Acres more or less according to a field survey	83306
made by the Department of Administrative Services, General	83307
Services Division, Office of Real Estate and Planning, during	83308
February of 2009.	83309

Subject however to all legal easements and or rights-of-way	83310
if any of public record.	83311

The bearings in the above description are based upon a survey	83312
made by Linn engineering Ltd., project no. CMH-758, dated	83313
10-21-08.	83314

LEGAL DESCRIPTION FOR WATERLINE EASEMENT	83315

SECTION "F"	83316

0.025 ACRES	83317

Situated in the State of Ohio, County of Guernsey, Township	83318
of Cambridge, and being a part of the northwest Quarter of Section	83319
3, and also being a part of a State of Ohio parcel as conveyed in	83320
Deed Volume 215, Page 522, all references being to those of record	83321
in the Recorder's Office in Guernsey County, Ohio. The 0.025 Acre	83322
Waterline easement being more particularly bounded and described	83323
as follows.	83324

Commencing at the southwest corner of the northwest quarter	83325
of Section 3, and the centerline intersection of Oldham Road and	83326
Lakakus Road.	83327

Thence North 1°19'03" East, 1218.95 Feet along the centerline	83328
of Lalakus Road to the point of curvature of a curve to the right.	83329

Thence with a curve to the right bearing North 46°03'24"	83330
East, 88.37 Feet with a radius of 62.78 Feet, and with an arc	83331
length of 98.03 Feet, along the centerline of Lalakus Road to the	83332
point of tangency.	83333

Thence South 89°12'15" East, 877.12 Feet along the centerline	83334
of Toland Drive to a point.	83335

Thence North 0°05'24" East, 40.00 Feet to a point on the	83336
northerly right-of-way line of Toland Drive and being the Point of	83337
beginning for the herein described 0.025 Acre waterline easement.	83338

Thence across the said State of Ohio parcel the following	83339
three courses and distances:	83340

North 0°05'24" East, 71.99 Feet to a point.

83341

South 89°54'36" East, 15.00 Feet to a point.

83342

South 0°05'24" West, 72.17 Feet to a point on the northerly	83343
right-of-way line of Toland Road.	83344

Thence North 89°12'15" West, 15.00 Feet along the northerly	83345
right-of-way line of Toland Road to the Point of Beginning and	83346
containing 0.025 Acres more or less according to a field survey	83347
made by the Department of Administrative Services, General	83348
Services Division, Office of Real Estate and Planning, during	83349
February of 2009.	83350

Subject however to all legal easements and or rights-of-way	83351
if any of public record.	83352

The bearings in the above description are based upon a survey	83353
made by Linn engineering Ltd., project no. CMH-758, dated	83354
10-21-08.	83355

LEGAL DESCRIPTION FOR WATERLINE EASEMENT	83356

SECTION "G"	83357

0.518 ACRES	83358

Situated in the State of Ohio, County of Guernsey, Township	83359
of Cambridge, and being a part of the northwest Quarter of Section	83360
3, and also being a part of a State of Ohio parcel as conveyed in	83361
Deed Volume 215, Page 522, all references being to those of record	83362
in the Recorder's Office in Guernsey County, Ohio. The 0.518 Acre	83363
Waterline easement being more particularly bounded and described	83364
as follows.	83365

Commencing at the northeast corner of a 26.32 acre parcel as	83366
conveyed to the State of Ohio in Deed Volume 215, page 522 and is	83367
shown on a survey drawing made by Linn engineering Ltd., project	83368
no. CMH-758, dated 10-21-08, said point also being on the westerly	83369
right-of-way line Gibson Road.	83370

Thence South 88°56'31" West, 41.44 Feet along the northerly	83371
line of the said 26.32 Acre State of Ohio parcel to the Point of	83372
Beginning for the herein described 0.518 Acre parcel.	83373

Thence along the northerly line of the said 26.32 Acre State	83374
of Ohio parcel the following four courses and distances:	83375

South 88°56'31" West, 8.47 Feet to a point.

83376

North 61°16'33" West, 50.20 Feet to a point

83377

South 88°36'50" West, 50.28 Feet to a point.

83378

North 61°54'41" West, 36.91 Feet to a point.

83379

Thence across the said State of Ohio parcel the following	83380
nineteen courses and distances:	83381

North 47°16'21" West, 51.07 Feet to a point.

83382

North 1°01'59" West, 48.10 Feet to a point.

83383

North 87°56'34" West, 229.96 Feet to a point.

83384

North 87°29'26" West, 230.21 Feet to a point.

83385

South 0°00'00" West, 35.36 Feet to a point.

83386

North 90°00'00" West, 15.00 Feet to a point.

83387

North 0°00'00" West, 36.02 Feet to a point.

83388

North 87°29'26" West, 131.54 Feet to a point.

83389

North 1°35'33" East, 65.86 Feet to a point.

83390

North 90°00'00" West, 78.57 Feet to a point.

83391

North 0°00'00" East, 15.00 Feet to a point.

83392

North 90°00'00" East, 78.99 Feet to a point.

83393

North 1°35'33" East, 15.78 Feet to a point.

83394

South 86°31'06" West, 18.54 Feet to a point.

83395

North 3°28'54" West, 15.00 Feet to a point.

83396

North 86°31'06" East, 19.87 Feet to a point.

83397

North 1°35'33" East, 90.72 Feet to a point.

83398

North 88°50'28" West, 46.89 Feet to a point.

83399

North 81°06'34" West, 44.95 Feet to a point on the southerly	83400
right-of-way line of Toland Drive.	83401

Thence South 89°12'15" East, 106.49 Feet along the southerly	83402
right-of-way line of Toland Drive to a point.	83403

Thence across the said State of Ohio parcel the following	83404
twenty four courses and distances:	83405

South 1°35'33" West, 194.50 Feet to a point.

83406

South 87°29'26" East, 138.16 Feet to a point.

83407

North 0°00'00" East, 62.64 Feet to a point.

83408

North 90°00'00" East, 15.00 Feet to a point.

83409

South 0°00'00" West, 63.30 Feet to a point.

83410

North 87°29'26" East, 201.24 Feet to a point.

83411

North 2°01'25" East, 68.36 Feet to a point.

83412

North 90°00'00" East, 104.07 Feet to a point

83413

South 0°00'00" East, 15.00 Feet to a point.

83414

South 90°00'00" West, 89.60 Feet to a point.

83415

South 2°01'25" West, 53.95 Feet to a point.

83416

South 87°56'34" East, 190.29 Feet to a point.

83417

North 0°47'07" East, 67.70 Feet to a point.

83418

South 89°12'53" East, 88.92 Feet to a point.

83419

South 0°47'07" West, 35.50 Feet to a point.

83420

North 89°12'53" West, 15.00 Feet to a point

83421

North 0°47'07" East, 20.50 Feet to a point.

83422

North 89°12'53" West, 58.92 Feet to a point.

83423

South 0°47'07" West, 53.03 Feet to a point.

83424

South 87°56'34" East, 31.87 Feet to a point.

83425

South 1°01'59" West, 56.11 Feet to a point.

83426

South 47°16'21" East, 78.56 Feet to a point.

83427

North 88°46'55" East, 65.24 Feet to a point.

83428

South 2°22'03" West, 10.04 Feet to the Point of Beginning and	83429
containing 0.518 Acres more or less according to a field survey	83430
made by the Department of Administrative Services, General	83431
Services Division, Office of Real Estate and Planning, during	83432
February of 2009.	83433

Subject however to all legal easements and or rights-of-way	83434
if any of public record.	83435

The bearings in the above description are based upon a survey	83436
made by Linn engineering Ltd., project no. CMH-758, dated	83437
10-21-08.	83438

LEGAL DESCRIPTION FOR WATERLINE EASEMENT	83439

SECTION "H"	83440

0.343 ACRES	83441

Situated in the State of Ohio, County of Guernsey, Township	83442
of Cambridge, and being a part of the northwest Quarter of Section	83443
3, and also being a part of a State of Ohio parcel as conveyed in	83444
Deed Volume 215, Page 522, all references being to those of record	83445
in the Recorder's Office in Guernsey County, Ohio. The 0.343 Acre	83446
Waterline easement being more particularly bounded and described	83447
as follows.	83448

Commencing at the northeast corner of a 26.32 acre parcel as	83449
conveyed to the State of Ohio in Deed Volume 215, page 522 and is	83450
shown on a survey drawing made by Linn engineering Ltd., project	83451
no. CMH-758, dated 10-21-08, said point also being on the westerly	83452
right-of-way line Gibson Road.	83453

Thence South 88°56'31" West, 26.41 Feet along the northerly	83454
line of the said 26.32 Acre State of Ohio parcel to the Point of	83455
Beginning for the herein described 0.343 Acre parcel.	83456

Thence South 88°56'31" West, 15.03 Feet along the northerly	83457
line of the said 26.32 Acre State of Ohio parcel to a point.	83458

Thence across the said State of Ohio parcel the following	83459
eight courses and distances:	83460

North 2°22'03" East, 28.31 Feet to a point.

83461

North 24°13'28" East, 27.82 Feet to a point.

83462

North 0°39'34" East, 157.44 Feet to a point.

83463

North 61°10'57" West, 201.51 Feet to a point.

83464

North 89°43'46" West, 560.76 Feet to a point.

83465

North 1°35'33" East, 15.00 Feet to a point.

83466

South 89°43'46" East, 425.24 Feet to a point.

83467

North 0°41'19" West, 7.35 Feet to a point on the southerly	83468
right-of-way line of Toland Drive.	83469

Thence South 89°12'15" East, 15.00 Feet along the southerly	83470
line of Toland Drive to a point.	83471

South 0°41'19" East, 7.21 Feet to a point.

83472

South 89°43'46" East, 123.99 Feet to a point.

83473

South 61°10'57" East, 214.31 Feet to a point.

83474

South 0°39'34" West, 169.55 Feet to a point.

83475

South 24°13'28" West, 28.05 Feet to a point.

83476

South 2°22'03" West, 24.52 Feet to the Point of Beginning and	83477
containing 0.343 Acres more or less according to a field survey	83478
made by the Department of Administrative Services, General	83479
Services Division, Office of Real Estate and Planning, during	83480
February of 2009.	83481

Subject however to all legal easements and or rights-of-way	83482
if any of public record.	83483

The bearings in the above description are based upon a survey	83484
made by Linn engineering Ltd., project no. CMH-758, dated	83485
10-21-08.	83486

(B) The Director of Administrative Services, pursuant to	83487
division (A)(12) of section 123.01 of the Revised Code, exercises	83488
general custodial care of all real property of the state, and has	83489
determined the granting of a perpetual easement affecting an	83490
existing water supply line at the Cambridge Developmental Center	83491
in Cambridge, Guernsey County, Ohio would be in the best interest	83492
of the state.	83493

(C) The Director of Administrative Services, with the	83494
assistance of the Attorney General, shall prepare a perpetual	83495
easement document affecting the real estate. The easement document	83496
shall state the consideration and the duties. The easement	83497
document shall be executed by the Director of Administrative	83498
Services in the name of the state, and shall be countersigned by	83499
the Governor.	83500

(D) Consideration for granting the easement shall be $1.00.	83501
The City of Cambridge, at its sole expense, shall present the	83502
fully executed easement document for recording in the Office of	83503
the Guernsey County Recorder.	83504

(E) Upon full execution of the easement, the City of	83505
Cambridge shall assume perpetual responsibility to install,	83506
construct, reconstruct, use, operate, maintain, repair, replace,	83507
remove, service, and improve in, on, over, under, across, through,	83508
and upon the Easement Area.	83509

(F) This section expires one year after its effective date.

83510

Section 753.90. (A) The Governor is authorized to execute a	83511
deed in the name of the state conveying to Robert A. Olson and	83512
Nancy A. Olson, husband and wife, the "grantees", and their heirs	83513
and assigns, all of the state's right, title, and interest in the	83514
following described real estate:	83515

Situate in the State of Ohio, Hamilton County, Village of North	83516
Bend and being a part of Section 20, Fractional Range 2, Township	83517
1, Symmes Purchase, Between the Miami Rivers Survey, also being a	83518
parcel out of those lands conveyed to the State of Ohio (Ohio	83519
Historical Society) by Deed of Record in Deed Book 1685, Page 594,	83520
Recorder's Office, Hamilton County, Ohio and being more	83521
particularly described as follows:	83522

Situated in Sec. 20, Town. 1, F.R. 2 Miami Township, Hamilton Co.	83523
Ohio and being more particularly described as follows:	83524

Beginning at the north corner of lots 32 and 33 of the J. Scott	83525
Harrison's Sub. Plat Book 3 Page 67;	83526

Thence North 76 degrees 31' East 215.80 feet to an iron pin in the	83527
centerline of vacated Loup Ave.;	83528

Thence North 1 degree West 64.44 feet to the South R/W line of the	83529
dedicated Loup Ave and the real point of beginning of this	83530
conveyance.	83531

Thence South 51 degrees 14'30" East 195.48 feet along the south	83532
R/W of the dedicated Loup Ave. to a stake at the centerline of old	83533
Loup Ave.	83534

Thence South 89 degrees 36' 06" West 150.28 feet along the old	83535
centerline to an iron pin;	83536

Thence North 1 degree West 123.44 feet along the old centerline to	83537
place of beginning; being a triangular piece of property as shown	83538
by B and C on survey plat #263 5/27/92 by Alan S. Montague	83539
surveyor #4105"	83540

The aforegoing is recited from a description and plat prepared by	83541
Alan S. Montague, P .S. No. 4105, 39 East Harrison Avenue, North	83542
Bend, OH 45052, said description being signed by said Alan S.	83543
Montague and the included plat being sealed by said Alan S.	83544
Montague, P.S. Number 4105.	83545

The Director of Administrative Services may adjust the legal	83546
description to accommodate any corrections necessary to facilitate	83547
recordation of the deed.	83548

(B) Consideration for conveyance of the real estate shall be	83549
$1,200.00, as derived by mutual agreement reached between the	83550
state and the grantees through an executed Offer to Purchase. The	83551
consideration shall be paid to the state at closing.	83552

(C) The real estate shall be sold as an entire tract and not	83553
in parcels.	83554

(D) Prior to the execution of the deed, possession of the	83555
real estate shall be governed by an existing interim lease between	83556
the Department of Administrative Services and the grantees.	83557

(E) The grantees shall pay the costs of the conveyance,	83558
including recordation costs of the deed.	83559

(F) Upon payment of the purchase price, the Auditor of State,	83560
with the assistance of the Attorney General, shall prepare a deed	83561
to the real estate. The deed shall state the consideration. The	83562
deed shall be executed by the Governor in the name of the state,	83563
countersigned by the Secretary of State, sealed with the Great	83564
Seal of the State, presented in the Office of the Auditor of State	83565
for recording, and delivered to the grantees. The grantees shall	83566
present the deed for recording in the Office of the Hamilton	83567
County Recorder.	83568

(G) This section expires one year after its effective date.

83569

Section 753.100. (A) The Ohio Historical Society (formerly	83570
the Ohio State Archaeological and Historical Society) (the	83571
"society") is authorized, as required by section 149.30 of the	83572
Revised Code, to execute a deed conveying to the United States of	83573
America and its assigns (the "grantee"), all of the society's	83574
right, title, and interest in the following described real estate:	83575

Situated in the State of Ohio, County of Ross and Township of	83576
Paxton and bounded and described as follows, to-wit:	83577

Parcel No. 1	83578

Beginning at a point in the center of the Chillicothe-Milford	83579
Pike, from which a stone at the south side of the road bears S. 12	83580
deg. E. 33 links, said point being the northwest corner of the	83581
Seip Heir's land; thence with the center of said Pike S. 67 deg.	83582
W. 3.58 chains to a point in said Pike; thence S. 11 deg. E. 23.71	83583
chains to a stake or stone; thence S. 6 deg. 30 min., E. 2.63	83584
chains to a stake or stone; thence N. 89 deg. E. 3.63 chains to a	83585
stake or stone in the line of the Seip heirs land; thence with	83586
said Seip heir's lines N. 3 deg. W. 3.81 chains to a stone; thence	83587
N. 12 deg. W. 23.86 chains to the beginning, containing 10 acres	83588
of land, more or less.	83589

The above described Parcel No. 1 is subject to a right of way for	83590
ingress and egress reserved to Alice H. Camp and Alfred Camp, her	83591
husband, as described in Deed Book No. 20, Page 100 Recorder's	83592
Office, Ross County Ohio.	83593

Being all of Auditor's Parcel No. 221107005600. Being the same	83594
tract of ground as acquired by The Ohio State Archaeological and	83595
Historical Society in Deed Volume 207, page 100.	83596

Parcel No.2	83597

Beginning at the intersection of the two westerly lines of the	83598
Seip land at a stake at the base of the said Mound; thence using	83599
the old bearings, N. 12' 18' W. 30 feet to an iron pipe in said	83600
line; thence S. 70°18' E. 50 feet to an iron pipe; thence S.	83601
49°18' E. 50 feet to an iron pipe; thence S. 21° 28' E. 50 feet to	83602
an iron pipe; thence S. l2°47' W. 50 feet to an iron pipe; thence	83603
S. 35°22' W. 50 feet to an iron pipe; thence S. 62°42' W. 50 feet	83604
to an iron pipe in the other old line; thence with said line N. 3°	83605
17' W. 178 feet more or less to the beginning, containing 0.31	83606
acres more or less and being a part of Virginia Military Survey	83607
No. 392.	83608

And being a part of premises conveyed by Thomas Blackstone Exr. To	83609
Charles Seip, on Aug. 30, 1883 as recorded in Vol. 95, page 256	83610
Ross County Deed Records.	83611

Being all of Auditor's Parcel No. 221107006600. Being the same	83612
tract of ground as acquired by The Ohio State Archaeological and	83613
Historical Society in Deed Volume 209, page 48.	83614

Parcel No. 3	83615

Tract One:	83616

Being all of the lands of which Thomas Blackstone died seized	83617
which lie north of Paint Creek, and being a part of Simeon	83618
Morgan's Survey #392; then beginning at a stone on the North bank	83619
of Paint Creek where three sugar trees are called for (now	83620
missing) an upper corner of the creek to Richard Dill's running	83621
thence up the creek, as it meanders and binding thereon N 88 deg W	83622
34 poles; thence S 87 deg 45' W 27.76 poles to a stake from which	83623
a white elm 11 inches in diameter bears S 48 deg E 5-3/4 links and	83624
white elm 12 inches in diameter bears S 82 ½ deg E 31 links and a	83625
stone bears N 3 deg 17' W 50 links distant; thence N 3 deg 17' W	83626
146.7 poles to one of the parts in the post and rail fence in a	83627
line of the tract of land conveyed to said Thomas Blackstone, Sen.	83628
by R. R. Seymour and wife by deed dated November 13, 1852	83629
(hereinafter referred to); thence N 12 deg 18' W 96.12 poles to a	83630
stake in the center of the turnpike from which a stone bears south	83631
12 deg 18' E 50 links; thence with the center of said turnpike N	83632
66 deg 30' E 81.74 poles to a stake in the center of said turnpike	83633
from which a stone bears S 3 deg 17' E 50 links distant; thence S	83634
3 deg 17' E 273.4 poles to the beginning, containing 104 acres, 2	83635
roods and 38 poles, more or less, being the same premises	83636
described in two several deeds from R. R. Seymour and wife, to	83637
said Thomas Blackstone, Sen. and bearing date November 13, 1852,	83638
recorded in Volume 53 page 510 Ross County Ohio Deed Records,	83639
calling for 100 acres, and the other bearing date April 23., 1853,	83640
recorded in Volume 55, page 14 of said records calling for 4	83641
acres, 2 roods and 38 poles SAVE arid EXCEPTING from the NE corner	83642
thereof 1 acre and 1 pole conveyed by Thomas Blackstone, Sen to	83643
the Board of Education of Paxton Township, by deed dated September	83644
13, 1878 and recorded in Volume 85, page 569 of the records of	83645
Ross County, Ohio. SAVE and EXCEPTING .31 of an acre sold and	83646
conveyed by Elizabeth Seip to the Ohio State Archaeological and	83647
Historical Society December 9, 1927 and recorded in Volume 209	83648
page 48, Ross County Ohio Deed Records. And being the same	83649
premises conveyed to Charles G. Schlegel by deed dated November 9,	83650
1955 and recorded in Volume 291, page 8 Ross County Ohio Deed	83651
Records.	83652

Tract Two:	83653

Beginning at a point in the center of Chillicothe and Milford Pike	83654
from which a stone at the south side of the road bears S 12 deg E	83655
33 links, said point being the NW corner of the Seip Heir's land;	83656
thence with the center of said pike S 67 deg W 14.085 poles to a	83657
point in said pike; thence S 11 deg E 94.85 poles; thence S 6 deg	83658
30' E 141.36 poles to Paint Creek; thence down Paint Creek with	83659
the meanders thereof S 86 deg 45' E 6.77 poles to the SW corner of	83660
the Seip Heirs; thence N 3 deg W l43.92 poles to a stone; thence N	83661
12 deg W 95.44 poles to the beginning, containing 18 acres and	83662
3.625 poles of land more or less. SAVE AND EXCEPT THEREFROM the	83663
following described tract heretofore sold and conveyed by these	83664
grantors to the State of Ohio, being deed recorded in Volume 207	83665
page 100 of the Deed Records of Ross County, Ohio.	83666

Beginning at a point in the center of Chillicothe Milford Pike,	83667
from which a stone at the south side of the road bears S 12 deg 33	83668
links said point being the NW corner of the Seip heir's land;	83669
thence with the center of said pike S 67 deg W 3.58 chains to a	83670
point in said pike; thence S 11 deg E 23.71 chains to a stake or	83671
stone; thence S 6 deg 30' E 2.63 chains to a stake or stone;	83672
thence N 89 deg E 3.63 chains to a stake or stone in the line of	83673
Seip heir's land; thence with said Seip heir's lines N 3 deg W	83674
3.81 chains to a stone; thence N 12 deg W 23.86 chains in the	83675
beginning, containing 10 acres of land more or less. The above	83676
exception is subject to a roadway reserved by Alice H. Camp and	83677
Alfred Camp for themselves, their heirs and assigns leading from	83678
U.S. Route 50 to the remainder of the tract above described. Being	83679
the same premises conveyed to Charles C. Schlegel by deed dated	83680
April 10, 1956 and recorded in V. 292 page 595 Ross County, Ohio	83681
Deed Records.	83682

Being all of Auditor's Parcel No. 221107007000. Being the same	83683
tract of ground as acquired by The Ohio State Archaeological and	83684
Historical Society in Deed Volume 518, page 542.	83685

The Director of Administrative Services may adjust the legal	83686
description to accommodate any corrections necessary to facilitate	83687
recordation of the deed.	83688

(B) Consideration for conveyance of the real estate shall be	83689
the mutual benefit accruing to the society and the United States	83690
from the use of the real estate by the National Park Service as a	83691
part of the Hopewell Culture National Historical Park.	83692

(C) The real estate shall be sold as an entire tract and not	83693
in parcels.	83694

(D) The National Park Service shall pay the costs of the	83695
conveyance.	83696

(E) Within two years after the effective date of this act,	83697
the Ohio Historical Society shall prepare a deed to the real	83698
estate. The deed shall state the consideration and the conditions.	83699
The deed shall be executed by the society, presented in the Office	83700
of the Auditor of State for recording, and delivered to the	83701
National Park Service. The National Park Service shall present the	83702
deed for recording in the Office of the Ross County Recorder.	83703

(F) This section expires two years after its effective date.

83704

Section 753.110. (A) The Governor is authorized to execute a	83705
deed in the name of the state conveying to the City of Columbus	83706
(the "grantee"), and its successors and assigns, all of the	83707
state's right, title, and interest in the following described real	83708
estate:	83709

Situated in the State of Ohio, County of Franklin, City of	83710
Columbus, being a part of Township 1, Range 18, Quarter Township	83711
3, United States Military Lands, being a part of Lot 1 of R.P.	83712
Woodruff's Subdivision of Lot 2 of his Subdivision of Lot Number 8	83713
of Sidney L. Caffee's subdivision called Northwood Place Addition	83714
to the City of Columbus, as recorded in Plat Book 2, page 326, and	83715
being part of a tract of land as described as Parcel One in a	83716
Warranty Deed to The State of Ohio, of record in Deed Book Volume	83717
3677, Page 247, all records referenced are on file at the	83718
Recorder's Office, Franklin County, Ohio, said 0.002 acre being	83719
more particularly bounded and described as follows:	83720

Commencing for reference at a drill hole set at the intersection	83721
of the westerly right-of-way line of North High Street and the	83722
Southerly right-of-way line of Northwood Avenue, being the	83723
northeasterly corner of the said State of Ohio tract;	83724

Thence South 08o21'22" East, along the westerly right-of-way line	83725
of North High Street, along the easterly line of the said State of	83726
Ohio tract, a distance of 18.97 feet to a drill hole set at the	83727
True Place of Beginning of the herein described tract;	83728

Thence South 08o21'22" East, continuing along the westerly	83729
right-of-way line of North High Street, continuing along the	83730
easterly line of said State of Ohio tract, a distance of 11.00	83731
feet to a drill hole set at the southeasterly corner of the herein	83732
described tract;	83733

Thence over and across the said State of Ohio tract by the	83734
following three (3) described courses:	83735

1. South 81o38'38" West, along a line perpendicular to the	83736
westerly right-of-way line of North High Street and the easterly	83737
line of the said State of Ohio tract, a distance of 10.00 feet to	83738
a drill hole set at the southwesterly corner of the herein	83739
described tract;	83740

2. North 08o21'22" West, along a line parallel to and 10.00	83741
feet westerly from the westerly right-of-way line of North High	83742
Street and the easterly line of the said State of Ohio tract, a	83743
distance of 11.00 feet to an iron pin set at the northwesterly	83744
corner of the herein described tract;	83745

3. North 81o38'38" East, along a line perpendicular to the	83746
westerly right of way line of North High Street and the easterly	83747
line of the said State of Ohio tract, a distance of 10.00 feet to	83748
the True Place of Beginning and contains 0.002 acre out of	83749
Auditor's Parcel Number 010-066692.	83750

The bearings are based on South 08o21'22" East, along the westerly	83751
right-of-way line of North High Street and is referenced to the	83752
Ohio State Plane Coordinate System, South Zone and the North	83753
American Datum of 1983.	83754

The above description was prepared under the direct supervision of	83755
John L. Price, registered professional surveyor number 7159 and	83756
represents an actual field survey performed by ms consultants,	83757
inc. Iron pins referenced as to be set are 5/8 inch by 30 inch	83758
long rebar with yellow plastic caps stamped "7159-ms consultants".	83759

The Director of Administrative Services may adjust the legal	83760
description to accommodate any corrections necessary to facilitate	83761
recordation of the deed.	83762

(B) Consideration for conveyance of the real estate shall be	83763
$3,070.00, as derived by mutual agreement reached between the	83764
state and the grantee through an executed Offer to Purchase. The	83765
grantee shall be credited at closing with the value paid by the	83766
grantee for an existing easement on the real estate (OSU 6827),	83767
receipt of which is hereby acknowledged, in the amount of	83768
$3,070.00.	83769

(C) The real estate shall be sold as an entire tract and not	83770
in parcels.	83771

(D) Prior to execution of the deed, possession of the real	83772
estate shall be governed by an existing interim easement between	83773
the Department of Administrative Services and the grantee.	83774

(E) The grantee shall pay the costs of the conveyance,	83775
including recordation costs of the deed.	83776

(F) Upon payment of the purchase price, the Auditor of State,	83777
with the assistance of the Attorney General, shall prepare a deed	83778
to the real estate. The deed shall state the consideration. The	83779
deed shall be executed by the Governor in the name of the state,	83780
countersigned by the Secretary of State, sealed with the Great	83781
Seal of the State, presented in the Office of the Auditor of State	83782
for recording, and delivered to the grantee. The grantee shall	83783
present the deed for recording in the Office of the Franklin	83784
County Recorder.	83785

(G) This section expires one year after its effective date.

83786

Section 753.120. (A) The Governor is authorized to execute a	83787
deed in the name of the state conveying to one or more purchasers,	83788
and the purchaser or purchasers' heirs and assigns or successors	83789
and assigns, all of the state's right, title, and interest in any	83790
or all parcels of real estate, held for the use and benefit of The	83791
Ohio State University, described as follows:	83792

Property 1	83793

Parcel 1	83794

And known as being a part' of the southeast quarter of Section 15,	83795
T-15 (Wooster) R-13, Wayne County, Ohio.	83796

Bounded and described as follows:	83797

Commencing at the center of Section 15, R-13; thence S 0° 00' Q0"	83798
W along the quarter section line 873.78 feet to a spike on the	83799
centerline of U.S. Rte. 250; thence S 60° 14' 35" E (along said	83800
centerline) 787.70 feet to a spike (witnessed by an iron- pin S	83801
58° 25' 45" W 34 .19 feet) the place of BEGINNING; thence	83802
continuing S 60° 14' 35" E (along said centerline) 509.88 feet to	83803
a spike, witnessed by an iron pin S 29° 45' 25" W 30 feet; thence	83804
S 29° 45' 25" W 300 feet to an iron pin; thence N 60° 14' 35" W	83805
(parallel to U.S. Rte. 250) 389.98 feet to an iron pin; thence N	83806
31° 34' 15" W 241.22 feet to an iron pin; thence N 58° 25° 43" E	83807
210 feet to the place of beginning. This parcel contains 3.71	83808
Acres of land.	83809

Parcel 2	83810

Real Estate situated in the	83811

State of Ohio	83812

County of Wayne	83813

Township of Wooster — Part of the southeast quarter of Section 15;	83814

T-15N; R-13W.	83815

Described as follows:	83816

Commencing at the center of Section 15;	83817

thence S 0° 00' 00" W 873.78 feet, along the section line to point	83818
on the centerline of Dover Road, formerly U.S. Route 250;	83819

thence S 60° 14' 35" E 787.70 feet, along said centerline to a	83820
point, witnessed by an iron pin set	83821

S 58° 25' 43" W 34.19 feet;	83822

thence S 58° 25' 43" W 210.00 feet to an iron pin found, the TRUE	83823
POINT OF BEGINNING;	83824

thence with the following FIVE courses:	83825

1.) S 31° 34' 15" E 241.22 feet, along a northerly line of the	83826
Grantor, to a P.K. nail set;	83827

2.) S 60° 14' 35" E 198.98 feet, alonq the northerly line of the	83828
Grantor to an iron pin set;	83829

3.) S 29° 45' 25" W 15.00 feet to an iron pin set;	83830

4.) N 60° 14' 35" W 253.85 feet to an iron pin set;	83831

5.) N 20° 25' 03" W 204.13 feet to the TRUE POINT or BEGINNING.	83832

This parcel contains 0.187 Acres.	83833

Property 2	83834

Located in the Village of Apple Creek, Wayne County Ohio	83835
containing approximately 0.69 acres of real property out of a	83836
7.226 acre tract acquired by The Ohio State University on March 5,	83837
2001, and being part of Wayne County Auditor's tax parcel number	83838
28-00466-000.	83839

Property 3	83840

Situated in the State of Ohio, County of Franklin, City of	83841
Columbus, Virginia Military Survey No. 6641, being 6.310 acres of	83842
land all out of that 16.614 acre tract as described in a deed to	83843
Bob Evans Farms, Inc., of record in Official Record Volume 23714	83844
H06, (all references to records being on file in the Recorder's	83845
Office, Franklin County, Ohio), said 6.310 acre tract being more	83846
particularly described as follows:	83847

Beginning for reference at an iron pin found at the intersection	83848
of the westerly right-of-way line of Hilliard Rome Road and the	83849
northerly tight-of-way line of Feder Road, being the southeasterly	83850
comer of Lot 1, as delineated on the record plat "HARVEST PLACE",	83851
of record in Plat Book 81, Page 32; Thence North 36°14'38" West,	83852
along the northerly line of said Feder Road, the southerly line of	83853
said Lot 1, a distance of 271.81 feet to an iron pin found; Thence	83854
South 3 West, along an easterly line of said plat "HARVEST PLACE",	83855
a distance of 10.00 feet to a point; Thence North 36°14'38" West,	83856
continuing along the northerly line of said Feder Road, the	83857
southerly dedication line of Evans 'Way Court, as delineated on	83858
said plat "HARVEST PLACE", a distance of 100.00 feet to an iron	83859
pin set at the southwesterly corner of said Evans Way Court; and	83860
being the TRUE PLACE OF BEGINNING of the 6.310 acre tract herein	83861
described:	83862

Thence North 86°14' 38" West, along the northerly right-of-way	83863
line of said Feder Road, the southerly line of said 16.614 acre	83864
tract, as described in said deed to Bob Evans Farms, Inc., a	83865
distance of 581.81 feet to an iron pin found at the southwesterly	83866
corner of said 16.614 acre tract;	83867

Thence North 3° 14' 58" East, along the westerly line of said	83868
16.614 acre tract, the easterly line of that 13.663 acre tract as	83869
described in a deed to Waterford Pointe Ohio, Ltd., of record in	83870
Official Record Volume 33216 D19, a distance of473.85 feet to an	83871
iron pin found;	83872

Thence South 86° 45' 57" East, through said 16.614 acre tract, a	83873
distance of 536.50 feet to an iron pin found in the westerly	83874
right-of-way line of Evans Way Court;	83875

Thence along the westerly right-of-way line of said Evans Way	83876
Court the following four (4) courses and distances:	83877

1. South East, a distance of 33 I .52 feet to an iron pin set at a	83878
point of curvature;	83879

2. Along the arc of a curve to the right, having a radius of	83880
463.66 feet, a central angle of 10°41'13", an arc distance of	83881
86.48 feet to an iron pin set at a point of tangency, said arc	83882
being subtended by a chord bearing South 1° 35' 14" East, a chord	83883
distance of 86.36 feet;	83884

3. South 3° 45' 22" West, a distance of 46.97 feet to an iron pin	83885
set at a point of curvature;	83886

4. Along the arc of a curve to the right, having a radius of 20.00	83887
feet, a central angle of 90°00'00", an arc distance of 31.42 feet	83888
to the TRUE PLACE OF BEGINNING and containing 6.310 acres of land,	83889
said arc being subtended by a chord bearing South 48° 45' 22"	83890
West, a chord distance of 28.28 feet.	83891

The bearing meridian for this description is based on a bearing of	83892
North 86° 14' 38" West, along the northerly right-of-way line of	83893
Feder Road, as delineated on the plat of "HARVEST PLACE", of	83894
record in Plat Book 81, Page 32, on file in the Recorder's Office,	83895
Franklin County, Ohio.	83896

The forgoing description was prepared from an actual field survey	83897
of the premises in January 1998, by MS Consultants, Inc., iron pin	83898
sets are ¾" diameter x 30" long with plastic caps stamped MS Cons,	83899
Inc., Youngstown.	83900

Property 4	83901

Parcel 1	83902

Situated in the Township of Union, County of Brown, State of Ohio,	83903
being a part of Jordan Harris' Military Survey No. 756 and being	83904
the same real estate described as a 118 3/4 acres "Tract No. 1" as	83905
conveyed to State of Ohio-Ohio Agricultural Experiment Farm and	83906
recorded in Deed Book 64, Page 149 of the Brown County Recorder's	83907
Office and being further bounded and described as follows:	83908

Beginning at a Mag nail (set) marking the centerline intersection	83909
of Gardner Road (Township Road No. 233) and Schwallie Road	83910
(Township Road No. 263);	83911

thence with the centerline of Gardner Road S 85 deg. 42 min. 20	83912
sec. E, a distance of 2343. 58 ft. to a Mag nail (set) over a	83913
spike (found) near the easterly terminus of Gardner Road, said Mag	83914
nail the westerly line of a 161 3/4 acres tract as conveyed to	83915
Duane Campbell, Trustee (D.B. 235, Page 668);	83916

thence with Campbell's westerly line S 03 deg. 54 min. 25 sec. W,	83917
a distance of 1469.66 ft. to a 5/8" iron pin (found), said iron	83918
pin being the northwesterly corner of an original 49.583 acres	83919
tract as conveyed to Eric E. Weiss, et ux (O.R. 301, Page 1994);	83920

thence with Weiss' westerly line S 06 deg. 21 min. 58 sec. W, a	83921
distance of 544.68 ft. to a 5/8" iron pin (found), said iron pin	83922
being the northeasterly corner of a 52.715 acres tract as conveyed	83923
to Martin E. Regenstein (D.B. 229, Page 84);	83924

thence with Regenstein's line N 83 deg. 37 min. 49 sec. W, a	83925
distance of 1510.92 ft. to a 10" stone (found), said stone being	83926
the northeasterly corner of a 110.942 acres tract as conveyed to	83927
Mike Sidwell, Trustee (O.R. 293, Page 1451);	83928

thence with Sidwe1l's line for the next three calls:	83929

(1) N 84 deg. 01 min. 21 sec. W, a distance of 411.99 ft. to a	83930
1/2" iron pin (found);	83931

(2) S 05 deg. 38 min. 01 sec. W, a distance of 341.31 ft. to a	83932
1/2" iron pin (found);	83933

(3) N 87 deg. 11 min. 31 sec. W, a distance of 812.14 ft. to a	83934
1/2" iron pin (found) by a corner post, said iron pin being the	83935
southeasterly corner of an original 93 acres, 2 roods, 32 poles	83936
tract as conveyed to Jeanne Klump (D.B. 103, Page 523);	83937

thence with Klump' s line for the next three calls:	83938

(1) N 07 deg. 48 min. 53 sec. E, a distance of 1239.33 ft. to a	83939
5/8" iron pin (set) by a corner post;	83940

(2) S 85 deg. 51 min. 02 sec. E, passing a 5/8" iron pin (set) by	83941
a corner post at 383.92 ft., a total distance of 392.39 ft. to a	83942
5/8" iron pin (set), said iron pin being in the centerline of the	83943
aforementioned Schwallie Road;	83944

(3) also with the centerline of Schwallie Road N 01 deg. 03 min.	83945
00 sec. E, a distance of 1073.15 ft. to the beginning, containing	83946
119.318 acres of land.	83947

Subject to all legal easements and rights-of-way of record.	83948

Bearings are based upon the Grid Azimuth (AZ. 145 deg. 53 min.	83949
58.8 sec.) between National Geodetic Survey Monument "BROWNPORT"	83950
and McCarty Associates Geodetic Survey Monument "OSU (2001)" and	83951
derived from GPS observations taken June 6, 2011, utilizing the	83952
Trimble ODOT VRS (Virtual Reference System).	83953

Land surveyed in June 2011, under the direction of Eric N. Lutz,	83954
Registered Professional Surveyor No. 7232, the survey plat of	83955
which is referred to as Project No. on file in the office of	83956
McCarty Associates, LLC, Hillsboro, Ohio.	83957

Parcel 2	83958

Situated in the Township of Union, County of Brown, State of Ohio,	83959
being a part of Harris' Military Survey No. 756 and Williams'	83960
Military Survey No. 888 and Shepherd' s Military Survey No. 1060	83961
and Parker' s Military Survey No. 2787 and containing 27.964 acres	83962
from the 36 acres tract and all of the 18 acres, 3 rods, 20 poles	83963
tract being 19.619 acres and containing all of the 100 acres	83964
"Tract No. 2", containing 100.697 acres as conveyed to the State	83965
of Ohio—Ohio Agricultural Experiment Farm and recorded in Deed	83966
Book 64, Page 149 of the Brown County Recorder's Office and being	83967
further bounded and described as follows:	83968

Beginning at a 5/8" iron pin (set) marking Centerline Station	83969
241+56.90 in the centerline of relocated U.S. Route 62-U.S. Route	83970
68, being Section BRO-62-8.60 as found in Plat Book C-5, Page O.G.	83971
, said iron pin being in the northerly line of the 100 acres	83972
"Tract No. 2" of which is a part of this description and being in	83973
the line between Shepherd' s Military Survey No. 1060 and Harris'	83974
Military Survey No. 756;	83975

thence with the centerline of U.S. Route 62-U.S. Route 68 N 25	83976
deg. 13 min. 20 sec. E, a distance of 1287.40 ft. to a 5/8" iron	83977
pin (set) marking Station 254+44.30, said iron pin being in the	83978
southerly line of an 8.012 acres tract as conveyed to Paula	83979
Pfeffer (O.R. 392, Page 861);	83980

thence with Pfeffer's southerly line N 87 deg. 07 min. 30 sec. E,	83981
a distance of 630.55 ft. to a Mag nail (set) near the northerly	83982
edge of Hartman Road (Township Road No. 231), said Mag nail being	83983
a northwesterly corner of a 232.073 acres tract as conveyed to	83984
Marilyn Parker, et al (O.R. 233, Page 1392);	83985

thence with Parker's westerly line for the five calls:	83986

(1) S 00 deg. 05 min. 52 sec. E, passing a Mag nail (found) in the	83987
centerline of Hartman Road, at 6.82 ft. and passing a 5/8" iron	83988
pin (set), at 56.86 ft., a total distance of 204.21 ft. to a 5/8"	83989
iron pin (found);	83990

(2) S 19 deg. 15 min. 53 sec. E, a distance of 213.69 ft. to a	83991
5/8" iron pin (found) by a post;	83992

(3) S 05 deg. 08 min. 02 sec. E, a distance of 888.91 ft. to a	83993
5/8" iron pin (found) by a corner post, said iron pin being in the	83994
line between V.M.S. No. 1060 and V.M.S. No. 756;	83995

(4) with said V.M.S. line S 85 deg. 54 min. 39 sec. E, a distance	83996
of 1056. 17 ft. to a 5/8" iron pin (found) by corner post;	83997

(5) S 03 deg. 59 min. 43 sec. W, a distance of 1829. 95 ft. to a	83998
5/8" iron pin (set) , said iron pin being a corner to an original	83999
93 acres, 2 roods, 32 poles tract as conveyed to Jeanne Klump	84000
(D.B. 103, Page 523);	84001

thence with Klump's northerly line and the centerline of Gardner	84002
Road (Township Road No. 233) N 86 deg. 24 min. 20 sec. W, a	84003
distance of 272.62 ft. to a Mag nail (set);	84004

thence with the centerline of Gardner Road for the next six calls:	84005

(1) N 86 deg. 04 min. 54 sec. W, a distance of 408.38 ft. to a Mag	84006
nail (set);	84007

(2) N 85 deg. 38 min. 32 sec. W, a distance of 384.15 ft. to a Mag	84008
nail (set);	84009

(3) N 86 deg. 44 min. 42 sec. W, a distance of 310.88 ft. to a Mag	84010
nail (set);	84011

(4) N 86 deg. 55 min. 56 sec. W, a distance of 220.07 ft. to a Mag	84012
nail (set);	84013

(5) N 85 deg. 54 min. 57 sec. W, a distance of 374.84 ft. to a Mag	84014
nail (set);	84015

(6) N 85 deg. 33 min. 47 sec. W, a distance of 1119.72 ft. to a	84016
5/8" inch iron pin (set) in the centerline of the Old U.S. Route	84017
62;	84018

thence with the centerline of U.S. Route 62 for the next ten	84019
calls:	84020

(1) N 24 deg. 49 min. 35 sec. E, a distance of 199.45 ft. to a	84021
5/8" iron pin (set);	84022

(2) with a curve to the left, having a radius of 5729.58 ft., an	84023
arc length of 348.33 ft., and a chord which bears N 23 deg. 05	84024
min. 05 sec. E, a distance of 348.28 ft. to a 5/8" iron pin (set);	84025

(3)N 21 deg. 20 min. 35 sec. E, a distance of 267.06 ft. to a 5/8"	84026
iron pin (set);	84027

(4)with a curve to the left, having a radius of 954.93 ft., an arc	84028
length of 227.50 ft., and a chord which bears N 14 deg. 31 min. 05	84029
sec. E, a distance of 226.96 ft. to a 5/8" iron pin (set);	84030

(5)N 07 deg. 41 min. 35 sec. E, a distance of 130.44 ft. to a 5/8"	84031
iron pin (set);	84032

(6)with a curve to the right, having a radius of 301. 56 ft., an	84033
arc length of 178.42 ft. , and a chord which bears N 24 deg. 38	84034
min. 36 sec. E, a distance of 175 . 83 ft. to a 5/8" iron pin	84035
(set);	84036

(7) N 41 deg. 35 min. 35 sec. E, a distance of 291.09 ft. to a	84037
5/8" iron pin (set);	84038

(8) with a curve to the left, having a radius of 260.44 ft., an	84039
arc length of 103.56 ft., and a chord which bears N 30 deg. 12	84040
min. 05 sec. E, a distance of 102.88 ft. to a 5/8" iron pin (set);	84041

(9) N 18 deg. 48 min. 35 sec. E, a distance of 143.83 ft. to a	84042
5/8" iron pin (Set);	84043

(10) N 03 deg. 50 min. 29 sec. E, a distance of 109.42 ft. to a	84044
Mag nail (found) in the centerline of Cluxton South Road (Township	84045
Road No. 231-A) , said Mag nail being a corner of a 31.757 acres	84046
"Tract 4" as conveyed to Thomas Cluxton, et ux (O.R. 259, Page	84047
653);	84048

thence with a new division line S 70 deg. 46 min. 00 sec. E, a	84049
distance of 150. 60 ft. to the beginning, containing 148 .280	84050
acres of land.	84051

The above description is subject to Highway Easements as conveyed	84052
to the State of Ohio and being Parcel 33LA containing 16.66 acres	84053
(not recorded, departmental transfer), Parcel 33B containing 0.50	84054
acre (not recorded, departmental transfer) and subject to a	84055
drainage easement as granted to the State of Ohio and being Parcel	84056
No. containing 0.02 acre (not recorded, departmental transfer).	84057

Subject to all other legal easements and rights0-of-way of record.	84058

Bearings are based upon the Grid Azimuth (AZ. 145 deg. min. 58.8	84059
sec.) between National Geodetic Survey Monument "BROWNPORT" and	84060
McCarty Associates Geodetic Survey Monument "OSU (200l)" and	84061
derived from GPS observations taken June 6, 2011, utilizing the	84062
Trimble ODOT CORS VRS (Virtual Reference System).	84063

Land surveyed in June 20ll, under the direction of Eric N. Lutz,	84064
Registered Professional Surveyor No. 7232, the survey plat of	84065
which is referred to as Project No. on file in the office of	84066
McCarty Associates, LLC, Hillsboro, Ohio.	84067

Parcel 3	84068

Situated in the Township of Union, County of Brown, State of Ohio,	84069
being a part of Shepherd's Military Survey No. 1060 and Parker's	84070
Military Survey No. 2787 and being a part of the 36 acres, 2	84071
roods, 17 poles tract as conveyed to the State of Ohio-Ohio	84072
Agricultural Experiment Farm and recorded in Deed Book 64, Page	84073
149 of the Brown County Recorder's Office and being further	84074
bounded and described as follows:	84075

Beginning at a 5/8" iron pin (set) marking Centerline Station	84076
241+56.90 in the centerline of relocated U.S. Route 62—U.S. Route	84077
68, being Section BRO-62-8.60 as found in Plat Book C-5, Page O.G.	84078
, said iron pin being in the northerly line of a 100 acres "Tract	84079
No. 2" as conveyed to the State of Ohio (D.B. 64, Page 149) and	84080
being in the line between Shepherd's Military Survey No. 1060 and	84081
Harris Military Survey No. 756;	84082

thence with a new division line N 70 deg. 46 min. 00 sec. W, a	84083
distance of 150.60 ft. to a Mag nail (found) in the centerline of	84084
Cluxton South Road (Township Road No. 231-A), said Mag nail being	84085
in the limited access right-of-way of U.S. Route 62-U.S. Route 68	84086
and being a corner to a 31.757 acres "Tract 4" as conveyed to	84087
Thomas Cluxton, et ux (O.R. 259, Page 653);	84088

thence with centerline of Cluxton South Road and Cluxton's line	84089
for the next five calls:	84090

(1) N 03 deg. 58 min. 13 sec. E, a distance of 124.92 ft. to a Mag	84091
nail (found);	84092

(2) N 18 deg. 17 min. 32 sec. W, a distance of 340.39 ft. to a Mag	84093
nail (found);	84094

(3) N 12 deg. 15 min. 13 sec. E, a distance of 101.00 ft. to a Mag	84095
nail (found);	84096

(4) N 40 deg. 00 min. 46 sec. E, a distance of 274.002 ft. to a	84097
Mag nail (found);	84098

(5) N 44 deg. 49 min. 41 sec. E, a distance of 224.54 ft. to a Mag	84099
nail (found), said Mag nail being a corner to a 4.635 acres tract	84100
as conveyed to Thomas Cluxton, et ux (D.B. 257, Page 142);	84101

thence continuing with the centerline of Cluxton South Road and	84102
the line of Cluxton' s 4.635 acres tract N 46 deg. 04 min. 30 sec.	84103
E, a distance of 211. 52 ft. to a spike (found);	84104

thence continuing with the line of Cluxton' s 4.635 acres tract N	84105
61 deg. 10 min. 11 sec. E, a distance of 150.17 ft. to a 1/2" iron	84106
pin (found);	84107

thence with a line of the tract of' land of which this description	84108
is a part N 60 deg. 55 min. 38 sec. E, a distance of 147.94 ft. to	84109
a Mag nail (set) , said Mag nail being in the westerly line of an	84110
8.012 acres tract as conveyed to Paula Pfeffer (O.R. 392, Page	84111
861);	84112

thence with Pfeffer' s westerly line S 18 deg. 00 min. 08 sec.	84113

W, a distance of 99.00 ft. to a Mag nail (set);	84114

thence with Pfeffer' s southerly line N 87 deg. 07 min. 30 sec. E,	84115
a distance of 50.52 ft. to a 5/8" iron pin (set) , marking	84116
Centerline Station 254+44.30 of U.S. Route 62-U.S. Route 68	84117
(Section BRO-62-8-8.60);	84118

thence with the centerline of U.S. Route 62-U.S. Route 68 S 25	84119
deg. 13 min. 20 sec. W, a distance of 1287.40 ft. to the	84120
beginning, containing 9.327 acres of land.	84121

The above description is subject to Highway Easements as conveyed	84122
to the State of Ohio and being Parcel 33LA, containing 16.66 acres	84123
(not recorded, departmental transfer), Parcel 33A containing 0.15	84124
acres (not recorded, departmental transfer} and subject to a	84125
drainage easement as granted to the State of Ohio and being Parcel	84126
No. 3324-2, containing 0.02 acres (not recorded, departmental	84127
transfer) .	84128

Subject to all other legal easements and rights-of-way of record.	84129

Bearings are based upon the Grid Azimuth (AZ. 145 deg. 53 min.	84130
58.8 sec.) between National Geodetic Survey Monument "BROWNPORT"	84131
and McCarty Associates Geodetic Survey Monument "OSU (2001)" and	84132
derived from GPS observations taken June 6, 2011, utilizing the	84133
Trimble ODOT CORS VRS (Virtual Reference System) .	84134

Land surveyed in June 2011, wonder the direction of Eric N. Lutz,	84135
Registered Professional Surveyor No. 7232, the survey plat of	84136
which is referred to as Project No. S11-161 on file in the office	84137
of McCarty Associates, LLC, Hillsboro, Ohio.	84138

Property 5	84139

Parcel 1	84140

Being Lot Number Four (4) and Four (4) feet off the North side of	84141

Lot Number Three (3) of ELIZABETH J. MCMILLEN'S HOMESTEAD	84142
ADDITION, as the same are numbered and delineated upon the	84143
recorded plat thereof, of record in Plat Book 4, page 400,	84144
Recorder's Office, Franklin County, Ohio.	84145

Parcel 2	84146

Being Lot Number Five (5) of ELIZABETH J. MCMILLEN'S HOMESTEAD	84147
ADDITION, as the same is numbered and delineated upon the recorded	84148
plat thereof, of record in Plat Book 4, page 400, Recorder's	84149
Office, Franklin County, Ohio.	84150

Property 6	84151

Situated in the County of Franklin, in the State of Ohio, and in	84152
the City of Columbus:	84153

Being Lot Number Six (6) of ELIZABETH J. MCMILLEN'S HOMESTEAD	84154
ADDITION, as the same is numbered and delineated upon the recorded	84155
plat thereof, of record in Plat Book 4, page 400, Recorder's	84156
Office, Franklin County, Ohio.	84157

Also known as 1457 Neil Avenue	84158

Parcel #010-043009	84159

Property 7	84160

Situated in the County of Franklin, in the State of Ohio and in	84161
the City o Columbus:	84162

Being Lot Number Eight (8) of ELIZABETH J. MCMILLEN'S HOMESTEAD	84163
ADDITION to said city, as the same is numbered and delineated upon	84164
the recorded plat thereof, of record in Plat Book 4, Page 400,	84165
Recorder's Franklin County. Ohio.	84166

Also known as 1469 Neil Avenue	84167

Parcel #010-025481	84168

Property 8	84169

Unimproved property located at the corner of Hamilton Road and	84170
Beecher Road, Gahanna, Ohio consisting of two parcels, Franklin	84171
County parcels, number 025-009952 containing 2.806 acres and	84172
parcel number 025-009951 containing 1.713 acres.	84173

Parcel 1	84174

Situate in the State of Ohio, County of Franklin, City of	84175
Columbus, being located in Quarter Township 1,Township 1, Range	84176
17, United States Military Lands and being part of the 22.950 acre	84177
tract conveyed to The Vista at Rocky Fork, Limited Partnership, by	84178
deed of record in Official Record 15946B20 , all references being	84179
to records in the Recorder's Office, Franklin County, Ohio and	84180
bounded and described as follows:	84181

Beginning at a. point: in the westerly right-of-way line of	84182
Hamilton Road at the southwesterly corner of a 1.152 acre tract	84183
conveyed to The City of Gahanna, by deed of in Official Record	84184
15946B09, said point also being in the southerly line of said The	84185
Vista at Rocky Fork L.P. 22.950 acre tract, the northerly line of	84186
the 57.265 acre tract conveyed to Academy Development Limited	84187
Partnership, by deed of record in Official Record 15030C06;	84188

thence North 85° 51' 10" West, along said northerly line of, the	84189
Academy Development L.P. 57.265 acre tract, a distance of 485.00	84190
feet to a. point;	84191

thence North 15° 23' 12" East, a distance of 74.20 feet to a	84192
point;	84193

thence North.67° 00' 00" East, a distance of 215.00 feet to a	84194
point;	84195

thence North 89° 00' 00" East, a distance of 180.00 feet to a	84196
point;	84197

thence South 85° 50' 13" East, a. distance of 100.00 feet to a	84198
point in the westerly right-of-way line of Hamilton Road, the	84199
westerly line of the City of Gahanna 1.152 acre tract;	84200

thence South 4° 09' 47" West, along said right-of-way line of	84201
Hamilton Road, being 50 feet westerly, as measured at right angles	84202
and parallel with the centerline of Hamilton Road, a distance of	84203
187.00 feet to the place of beginning, containing 1.713 acres,	84204
more or less.	84205

Parcel 2	84206

Being situated in the City of Gahanna, Franklin County, Ohio and	84207
being more particularly described as follows:	84208

Being Lot 1 of Lion Academy Village as the same is numbered and	84209
delineated upon the recorded plat thereof, of record in Plat Book	84210
75, Page 99, Recorder's Office, Franklin County, Ohio. Parcel	84211
#025-009952.	84212

Property 9	84213

Improved property located at 4475- 4485 N. High Street, Columbus,	84214
Ohio 43214 also known as Franklin County Auditor's parcel numbers	84215
010-086636 and 010-086638, Lots 12, 13, and 14 of the Rosemary	84216
Subdivision.	84217

The Director of Administrative Services may adjust the	84218
foregoing legal descriptions to accommodate any corrections	84219
necessary to facilitate recordation of the deeds.	84220

(B) The parcels may be transferred individually as a group,	84221
as multiple groups to a single purchaser, or to multiple	84222
purchasers.	84223

(C) Consideration for conveyance of the real estate shall be	84224
a purchase price and any terms and conditions acceptable to the	84225
Board of Trustees of The Ohio State University.	84226

(D) The purchaser or purchasers shall pay the costs of the	84227
conveyance, including recordation costs of the deed.	84228

(E) Upon adoption of a resolution by the Board of Trustees of	84229
The Ohio State University specifically identifying the parcel or	84230
parcels of real estate to be conveyed, the purchaser or purchasers	84231
of the real estate, and the consideration paid or to be paid, the	84232
Auditor of State, with the assistance of the Attorney General,	84233
shall prepare a deed or deeds to the real estate identified in the	84234
resolution. The deed or deeds shall state the consideration	84235
specified in the resolution. The deed or deeds shall be executed	84236
by the Governor in the name of the state, countersigned by the	84237
Secretary of State, sealed with the Great Seal of the State,	84238
presented in the Office of the Auditor of State for recording, and	84239
delivered to the purchaser or purchasers. The purchaser or	84240
purchasers shall present the deed or deeds for recording in the	84241
office of the county recorder where each parcel of real estate is	84242
located.	84243

(F) Each deed to any real estate described in this section	84244
shall contain any exceptions, reservations, or conditions and any	84245
right of reentry or reverter specified in the resolution adopted	84246
by the Board of Trustees of The Ohio State University. Any	84247
exceptions, reservations, or conditions or any right of reentry or	84248
reverter contained in any deed may be released by The Ohio State	84249
University without the necessity of further legislation, provided	84250
the release is specifically authorized by the Board of Trustees of	84251
The Ohio State University.	84252

(G) The net proceeds of the sale of the real estate shall be	84253
paid to The Ohio State University and deposited in university	84254
accounts for purposes to be determined by the board of trustees.	84255

(H) This section expires three years after its effective	84256
date.	84257

Section 753.130. (A) The Governor is authorized to execute a	84258
deed in the name of the state conveying to the Brunswick City	84259
School District, Medina County, Ohio, and its successors and	84260
assigns, all of the state's right, title, and interest in the	84261
following described real estate:	84262

Situated in the City of Brunswick, County of Medina and State of	84263
Ohio and known as being part of Original Brunswick Township Lot	84264
No. 15, Tract No.3, McCurdy Tract, and bounded and described as	84265
follows:	84266

Beginning in the centerline of Laurel Road (C.H. 138) at the	84267
Northeasterly corner of a parcel of land conveyed to Edward C.	84268
Schultz and Anna Schultz by deed recorded in Volume 492, Page 874	84269
of Medina County Records, said point being distant North 89	84270
degrees 38 minutes 15 seconds West, measured along said	84271
centerline, 669.24 feet from its intersection with the Easterly	84272
line of Original Lot No. 14 in said Township;	84273

Thence South 0 degrees 57 minutes 37 seconds West along the	84274
Easterly line of said land conveyed to Edward C. Schultz and Anna	84275
Schultz, 1003.49 feet to the principal place of beginning of	84276
premises herein described;	84277

Thence South 0 degrees 57 minutes 37 seconds West continuing along	84278
said Easterly line 1313.47 feet to the Southeasterly corner of	84279
said land;	84280

Thence North 89 degrees 39 minutes 24 seconds West along the	84281
Southerly line of said land conveyed to Edward C. Schultz and Anna	84282
Schultz, being also the Southerly line of said Lot No. 15, 563.78	84283
feet to the Southwesterly corner of said land:	84284

Thence North 0 degrees 57 minutes 37 seconds East along the	84285
Westerly line of said land conveyed to Edward C. Schultz and Anna	84286
Schultz, being also the Easterly lines of Coventry Terrace, Phase	84287
2 as recorded in Volume 7, Page 42 of Medina County Plat Records	84288
and Coventry Terrace, Phase 1 as recorded in Volume 7, Page 28 of	84289
Medina County Plat Records, 1313.66 feet to a point;	84290

Thence South 89 degrees 38 minutes 15 seconds East parallel with	84291
the centerline of Laurel Road, 563.78 feet to the principal place	84292
of beginning and containing 17.000 Acres of land according to the	84293
Survey of James B. Root & Associates, Civil Engineers & Surveyors.	84294

The courses used in this description are given to an assumed	84295
meridian and are used to indicate angles only.	84296

PPN: 003-180-22-029	84297

The Director of Administrative Services may adjust the legal	84298
description to accommodate any corrections necessary to facilitate	84299
recordation of the deed.	84300

(B) Consideration for the conveyance of the real estate is	84301
the purchase price of $10.00.	84302

(C) The property was originally conveyed to the state of Ohio	84303
as collateral for school construction facility bonds issued. Once	84304
the construction project was completed, the state was to have	84305
conveyed title to this property to the Brunswick City School	84306
District. The intent of this section is to correct this oversight.	84307

(D) The Brunswick City School District shall pay all costs	84308
associated with the conveyance, including recordation costs of the	84309
deed.	84310

(E) Prior to execution of the deed, possession of the real	84311
estate shall be governed by an existing interim lease between the	84312
state and the Brunswick City School District.	84313

(F) The net proceeds of the sale of the real estate shall be	84314
deposited into the state treasury to the credit of the State	84315
General Revenue Fund.	84316

(G) Upon payment of the purchase price, the Auditor of State,	84317
with the assistance of the Attorney General, shall prepare a deed	84318
to the real estate. The deed shall state the consideration. The	84319
deed shall be executed by the Governor in the name of the state,	84320
countersigned by the Secretary of State, sealed with the Great	84321
Seal of the State, presented in the Office of the Auditor of State	84322
for recording, and delivered to the Brunswick City School	84323
District. The Brunswick City School District shall present the	84324
deed for recording in the Office of the Medina County Recorder.	84325

(H) This section expires one year after its effective date.

84326

Section 753.140. (A) The Director of Administrative Services,	84327
on behalf of the Department of Youth Services, is authorized to	84328
enter into one or more real estate purchase agreements for the	84329
sale to one or more purchasers of the state's right, title, and	84330
interest in any or all of the real property described below.	84331

The Governor is authorized to execute a deed in the name of	84332
the state conveying to one or more purchasers, and their	84333
successors and assigns or heirs and assigns, all of the state's	84334
right, title, and interest in any or all of the parcels of real	84335
estate described as follows:	84336

Being part of the lands last transferred to the state of Ohio as	84337
recorded in deed book 60 page 469 of the Delaware County	84338
Recorder's Office and being further located as follows:	84339

Being all of Delaware County Auditor's Parcel No. 60024003007000,	84340
that is lying west of State Route 745 and being located in Farm	84341
Lot 2, in C. Baldwin's Virginia Military Survey No. 1421, Situated	84342
in Concord Township, Delaware County, State of Ohio, and	84343
containing approximately 30 acres more or less.	84344

In preparing the deed, the Auditor of State, with the	84345
assistance of the Attorney General, may modify the foregoing legal	84346
description insofar as necessary to bring it into conformity with	84347
the actual bounds of the real estate being conveyed.	84348

(B) The real property is conveyed subject to all easements,	84349
covenants, conditions, and restrictions of record; all legal	84350
highways; zoning, building, and other laws, ordinances, and	84351
regulations; and real estate taxes and assessments not yet due and	84352
payable.	84353

(C) Consideration for conveyance of the real estate shall be	84354
the purchase price set forth in the Purchase Agreements entered	84355
into with the purchaser or purchasers, and shall be paid in	84356
accordance with the terms of the Purchase Agreement.	84357

(D) The deed may contain any terms and conditions the	84358
Director of Youth Services and the Director of Administrative	84359
Services determine to be in the best interest of the state. The	84360
deed may contain any restrictions that the Director of	84361
Administrative Services and the Director of Youth Services	84362
determine is reasonably necessary to protect the state's interest	84363
in neighboring state-owned land.	84364

(E) The real estate may be sold as an entire tract or in	84365
parcels.	84366

(F) The purchaser or purchasers shall pay the costs of the	84367
conveyance, including recordation costs of the deed.	84368

(G) The net proceeds from the sale of the real estate shall	84369
be deposited into the state treasury to the credit of the Juvenile	84370
Correctional Building Fund to offset bond indebtedness on state	84371
bonds issued for the real estate.	84372

(H) The Auditor of State, with the assistance of the Attorney	84373
General, shall prepare a deed or deeds to the real estate. The	84374
deed or deeds shall state the consideration. The deed or deeds	84375
shall be executed by the Governor in the name of the state,	84376
countersigned by the Secretary of State, sealed with the Great	84377
Seal of the State, presented in the Office of the Auditor of State	84378
for recording, and delivered to the purchaser or purchasers. The	84379
purchaser or purchasers shall present the deed or deeds for	84380
recording in the Office of the Delaware county recorder.	84381

(I) This section expires three years after its effective	84382
date.	84383

Section 753.150. (A) The Governor is authorized to execute a	84384
deed in the name of the state conveying to the Ripley Union Lewis	84385
Huntington Local School District, Brown County, Ohio (the	84386
"grantee"), and its successors and assigns, all of the state's	84387
right, title, and interest in the following described real estate:	84388

Parcel One	84389

Situated in M. Clements Military Survey No. 386, Union Township,	84390
Brown County, Ohio, and being bounded and more particularly	84391
described as follows:	84392

Beginning at a P.K. spike set on the centerline of U. S. Route 52,	84393
said beginning point being the most easterly corner of Surgical	84394
Appliance Industries, Inc. 2.00 Acre tract as recorded in Deed	84395
Book 164, Page 778, of the Deed Records of Brown County, Ohio:	84396
thence from said beginning point and with the centerline of said	84397
U. S. Route 52 and on a curve to the right having a radius of	84398
11,459.16 feet, an interior angle of 00 deg 49 min 47 sec, an arc	84399
length of 165.94 feet, a chord bearing of South 36 deg 06 min 07	84400
sec East a chord distance of 165.94 feet, thence continuing with	84401
the centerline of said road South 35 deg 41 min 14 sec East a	84402
distance of 342.74 feet to a P.K. spike set on the line of Albert	84403
Haitz, et al; thence with the line of said Haitz, et al South	84404
51deg 40 min 31 sec West a distance of 1048.06 feet to an iron pin	84405
set; thence continuing with the line of said Haitz, et al South 10	84406
deg 07 min 16 sec West passing a reference pin set at 703.99 feet	84407
for a total distance of 808.50 feet to a point of Eagle Creek;	84408
thence down said creek North 84 deg 05 min 55 sec West a distance	84409
of 1453.39 feet (witness a reference pin set North 50 deg 04 min	84410
41 sec East a distance of 218.22 feet) to a point in the Ohio	84411
river; thence down said river North 32 deg 27 min 00 sec West a	84412
distance of 371.01 feet (witness a line stone found at North 52	84413
deg 41 min 51 sec East a distance of 279.13 feet) to a point in	84414
the Ohio River and corner to August and Betty Schwallie and on the	84415
Village of Ripley corporation line; thence with the line of said	84416
Schwallie and the Village of Ripley corporation line North 52 deg	84417
41 min 51 sec East a distance of 1800.98 feet to an iron pin set	84418
on the line of said Schwallie; thence on a new division line	84419
through the land of Loretta Funk South 51 deg 44 min 33 sec East a	84420
distance of 296.49 feet to an iron pin set; thence continuing on a	84421
new division line through the land of said Funk North 52 deg 56	84422
min 00 sec East a distance of 809.50 feet to the place of	84423
beginning CONTAINING 49.875 acres, more or less, subject, however,	84424
to all legal highways and easements of record and being a part of	84425
the land conveyed to Loretta Funk as record in Deed Book 209, Page	84426
395 of the Deed Records of Brown County, Ohio.	84427

Survey by Gerald S. Renshaw, Registered Surveyor #4872 on 21	84428
February 1991.	84429

Being 48.939 Acres annexed to the Village of Ripley in Plat Book	84430
7, Page 118, Slide 736, plat record in Brown County Recorder's	84431
Office.	84432

Prior deed reference: Deed book 255, Page 550.	84433

Parcel Two	84434

Situated in M. Clements Military Survey No. 386, Union Township,	84435
Brown County, Ohio, and being bounded and more particularly	84436
described as follows:	84437

Beginning at a P.K. spike set on the centerline of U. S. Route 52,	84438
said beginning point being North 35 degrees 41 minutes 14 seconds	84439
West a distance of 208.92 feet from the centerline intersection of	84440
U. S. Route 52 and Scoffield Road; thence from said beginning	84441
point and with a new division line through the land of Albert L.	84442
and Mary Louise Haitz South 51 degrees 40 minutes 31 seconds West	84443
a distance of 1201.77 feet to an iron pin on the line of State of	84444
Ohio (proposed Ripley-Union Lewis School District); thence with	84445
the line of said State of Ohio North 10 degrees 07 minutes 16	84446
seconds East a distance of 214.15 feet to an iron pin set corner	84447
to said State of Ohio; thence with the line of said State of Ohio	84448
North 51 degrees 40 minutes 31 seconds East a distance of 1048.06	84449
feet to a P.K. spike set on the centerline of U. S. Route 52;	84450
thence with the centerline of U. S. Route 52 South 35 degrees 41	84451
minutes 14 seconds East a distance of 142.20 feet to the place of	84452
beginning, CONTAINING 3.668 Acres more or less, subject, however,	84453
to all legal highways and easements of record and being a part of	84454
the land conveyed to Albert L. and Mary Louise Haitz as record in	84455
D. B. 56, P 490, Brown County Deed Records.	84456

Surveyed by Gerald S. Renshaw, Registered Surveyor #4872 on 24	84457
May, 1991.	84458

Being 3.407 Acres annexed to the Village of Ripley in Plat Book 7,	84459
Page 118, Slide 736, plat record in Brown County Recorder's	84460
Office.	84461

Prior deed reference: Deeds Book 257, Page 431.	84462

The Director of Administrative Services may adjust the legal	84463
description to accommodate any corrections necessary to facilitate	84464
recordation of the deed.	84465

(B) Consideration for conveyance of the real estate shall be	84466
the purchase price of ten dollars.	84467

(C) The real estate was originally conveyed to the state as	84468
collateral for school construction facility bonds issued. Once the	84469
construction project was completed, the state was to have	84470
re-conveyed title to the real estate to the grantee. The intent of	84471
this section is to correct this oversight.	84472

(D) The grantee shall pay all costs associated with the	84473
conveyance, including recordation costs of the deed.	84474

(E) Possession of the premises prior to the conveyance shall	84475
be governed by an existing interim lease between the state and the	84476
grantee.	84477

(F) Upon payment of the purchase price, the Auditor of State,	84478
with the assistance of the Attorney General, shall prepare a deed	84479
to the real estate. The deed shall state the consideration. The	84480
deed shall be executed by the Governor in the name of the state,	84481
countersigned by the Secretary of State, sealed with the Great	84482
Seal of the State, presented in the Office of the Auditor of State	84483
for recording, and delivered to the grantee. The grantee shall	84484
present the deed for recording in the Office of the Brown County	84485
Recorder.	84486

(G) The net proceeds of the sale of the real estate shall be	84487
deposited into the state treasury to the credit of the State	84488
General Revenue Fund.	84489

(H) This section expires one year after its effective date.

84490

Section 757.10. Notwithstanding sections 5713.01 and 5715.24	84491
of the Revised Code, for the purpose of equalizing and	84492
regionalizing real property assessment cycles, beginning in tax	84493
year 2014 and continuing for not more than five years, the Tax	84494
Commissioner may extend the revaluation of real property required	84495
in any county by not more than one year.	84496

Section 757.20. The Tax Commissioner is not required to issue	84497
the certifications that are or were otherwise required to be made	84498
on or before May 15, 2012, or June 1, 2012, under sections	84499
3317.026, 3317.027, 3317.028, and divisions (A)(4), (6), and (7)	84500
of section 3317.021 of the Revised Code. This section is intended	84501
to be remedial in nature and to be construed liberally to	84502
accomplish the purpose of avoiding unnecessary certifications.	84503

Section 757.30. This section applies to any residential	84504
property case that has been appealed from a board of revision and	84505
is docketed before the Board of Tax Appeals. Upon the written	84506
consent of the parties to have the case transferred to the	84507
Department of Taxation, the Tax Commissioner may process such	84508
appeals and issue a determination that is final for all parties.	84509
The Commissioner shall establish a practice and procedure for	84510
processing such cases. Any request by a party for transfer of a	84511
case to the Department of Taxation under this section shall be	84512
made within two years from the effective date of this section.	84513
This authority is granted in conjunction with section 5703.021 of	84514
the Revised Code.	84515

Section 757.40. Notwithstanding the amendment by this act,	84516
striking division (E)(8) of section 5751.01 of the Revised Code,	84517
"excluded person" for the purposes of Chapter 5751. of the Revised	84518
Code includes a person directly or indirectly owned by one or more	84519
insurance companies described in division (E)(4) of section	84520
5751.01 of the Revised Code as amended by this act if the person	84521
directly or indirectly owned is authorized to do the business of	84522
insurance in this state.	84523

This section takes effect on the same date that the amendment	84524
by this act of section 5751.01 of the Revised Code takes effect,	84525
and continues in effect until January 1, 2013.	84526

This section is repealed effective January 1, 2013.

84527

Section 803.10. That the amendment by this act of division	84528
(E) of section 5751.01 and sections 5751.011 and 5751.012 of the	84529
Revised Code applies to tax periods beginning on or after January	84530
1, 2014.	84531

Section 806.10. The items of law contained in this act, and	84532
their applications, are severable. If any item of law contained in	84533
this act, or if any application of any item of law contained in	84534
this act, is held invalid, the invalidity does not affect other	84535
items of law contained in this act and their applications that can	84536
be given effect without the invalid item of law or application.	84537

Section 812.10. Sections subject to referendum: general	84538
effective date. Except as otherwise provided in this act, the	84539
amendment, enactment, or repeal by this act of a section is	84540
subject to the referendum under Ohio Constitution, Article II,	84541
Section 1c and therefore takes effect on the ninety-first day	84542
after this act is filed with the Secretary of State.	84543

Section 812.11. Sections subject to referendum: special	84544
effective dates. The amendment, enactment, or repeal by this act	84545
of the following sections is subject to the referendum under Ohio	84546
Constitution, Article II, Section 1c and therefore takes effect on	84547
the ninety-first day after this act is filed with the Secretary of	84548
State or on the date specified below, whichever is later:	84549

Sections 121.22, 122.15, 122.151, 122.152, 122.153, 122.154,	84550
122.28, 122.29, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35,	84551
122.36, and 184.02 of the Revised Code take effect October 1,	84552
2012.	84553

Section 2152.131 of the Revised Code takes effect on January	84554
1, 2013.	84555

Section 812.20. Sections exempt from referendum: general	84556
effective date. The amendment, enactment, or repeal by this act of	84557
the following sections is exempt from the referendum under Ohio	84558
Constitution, Article II, Section 1d and section 1.471 of the	84559
Revised Code and therefore takes effect immediately when this act	84560
becomes law:	84561

Sections 120.08, 145.01, 145.012, 167.04, 306.04, 306.36,	84562
340.091, 901.54, 2927.023, 2945.371, 2945.38, 2945.39, 2945.40,	84563
2945.401, 3125.41, 3333.31, 3734.131, 3734.15, 3743.06, 3743.19,	84564
3752.06, 4163.07, 4303.22, 4501.01, 4501.06, 4503.81, 4506.01,	84565
4506.03, 4506.22, 4506.25, 4511.78, 4513.50, 4905.01, 4905.02,	84566
4905.03, 4905.05, 4905.06, 4905.402, 4905.54, 4905.57, 4905.58,	84567
4905.80, 4905.801, 4905.81, 4905.82, 4905.83, 4905.84, 4907.01,	84568
4907.02, 4907.04, 4907.08, 4907.19, 4907.28, 4907.35, 4907.37,	84569
4907.43, 4907.49, 4907.57, 4907.59, 4907.60, 4907.61, 4907.62,	84570
4909.01, 4909.02, 4909.03, 4909.17, 4909.22, 4909.24, 4909.28,	84571
4911.01, 4919.75, 4919.76, 4919.77, 4919.78, 4919.79, 4919.99,	84572
4921.01, 4921.02, 4921.03, 4921.04, 4921.05, 4921.06, 4921.07,	84573
4921.08, 4921.09, 4921.10, 4921.101, 4921.11, 4921.12, 4921.13,	84574
4921.14, 4921.15, 4921.16, 4921.17, 4921.18, 4921.19, 4921.20,	84575
4921.21, 4921.23, 4921.24, 4921.25, 4921.26, 4921.27, 4921.28,	84576
4921.30, 4921.31, 4921.32, 4921.34, 4921.35, 4921.36, 4921.37,	84577
4921.38, 4921.39, 4921.40, 4921.99, 4923.01, 4923.02, 4923.03,	84578
4923.04, 4923.05, 4923.06, 4923.07, 4923.08, 4923.09, 4923.10,	84579
4923.11, 4923.12, 4923.13, 4923.14, 4923.15, 4923.17, 4923.20,	84580
4923.26, 4923.99, 4927.01, 4928.23, 4928.2314, 4929.01, 4929.02,	84581
4933.18, 4933.19, 4939.01, 4953.04, 4961.03, 4965.54, 5119.691,	84582
5503.02, 5503.34, 5727.84, 5727.86, 5743.031, 5751.033, 5751.20,	84583
5751.22, and 5753.03 of the Revised Code.	84584

Section 205.10 of Am. Sub. H.B. 114 of the 129th General	84585
Assembly, as amended by Am. Sub. H.B. 153 of the 129th General	84586
Assembly.	84587

Section 201 of Sub. H.B. 123 of the 129th General Assembly.

84588

Section 1 of H.B. 124 of the 129th General Assembly.

84589

Sections 205.10, 207.10, 207.10.80, 207.20.30, 207.20.90,	84590
209.10, 211.10, 215.10, 223.10, 229.10, 243.10, 247.10, 263.10,	84591
263.10.30, 263.10.90, 263.20.40, 263.20.70, 267.10, 267.10.20,	84592
267.10.40, 267.30.40, 279.10, 291.10, 307.10, 309.10, 315.10,	84593
327.10, 335.10, 343.10, 365.10, 367.10, 369.10, 371.10, 373.10,	84594
375.10, 379.10, 387.10, 403.10, 411.10, 415.10, 503.50, 521.70,	84595
and 753.25 of Am. Sub. H.B. 153 of the 129th General Assembly.	84596

Sections 701.40, 701.70.10, 753.10, 753.20, 753.30, 753.40,	84597
753.50, 753.60, 753.70, 753.80, 753.90, 753.100, 753.110, 753.120,	84598
753.130, 753.140, and 753.150 of this act.	84599

Section 812.30. Mixed sections: general effective dates. The	84600
sections listed in the left-hand column of the following table	84601
combine amendments by this act that are and that are not exempt	84602
from the referendum. The middle column identifies amendments to	84603
the listed sections that are subject to the referendum under Ohio	84604
Constitution, Article II, Section 1c and therefore take effect on	84605
the ninety-first day after this act is filed with the Secretary of	84606
State. The right-hand column identifies amendments to the listed	84607
sections that are exempt from the referendum under Ohio	84608
Constitution, Article II, Section 1d and section 1.471 of the	84609
Revised Code and therefore take effect immediately when this act	84610
becomes law.	84611

Section of law	Amendments subject to referendum	Amendments exempt from referendum	84612
120.08	The amendments in the second sentence (1) striking "purpose" and inserting "purposes" and (2) inserting the language that begins with "and operating" and ends with "120.33 of the Revised Code"	All amendments except as described in the middle column	84613
4905.90	The amendment in division (A)	All amendments except as described in the middle column	84614
5111.941	The amendment that inserts division (A)(4)	All amendments except as described in the middle column	84615
5119.61	All amendments except as described in the right-hand column	The amendment in division (A) striking "(C)" and inserting "(D)" and the amendment in division (F) striking "abuse" and inserting "addiction"	84616
5119.69	The amendments in relettered divisions (D)(1)(b) and (c)	All amendments except as described in the middle column	84617
5502.01	All amendments except as described in the right-hand column	The amendment in division (F)	84618

Section 815.20. The General Assembly, applying the principle	84619
stated in division (B) of section 1.52 of the Revised Code that	84620
amendments are to be harmonized if reasonably capable of	84621
simultaneous operation, finds that the following sections,	84622
presented in this act as composites of the sections as amended by	84623
the acts indicated, are the resulting versions of the sections in	84624
effect prior to the effective date of the sections as presented in	84625
this act:	84626

Section 102.02 of the Revised Code as amended by both Am.	84627
Sub. H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	84628

Section 121.04 of the Revised Code as amended by both Am.	84629
Sub. H.B. 153 and Sub. H.B. 229 of the 129th General Assembly.	84630

Section 122.33 of the Revised Code as amended by both Am.	84631
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	84632

Section 123.01 of the Revised Code as amended by both Am.	84633
Sub. H.B. 133 and Am. Sub. H.B. 153 of the 129th General Assembly.	84634

Section 124.11 of the Revised Code as amended by both Am.	84635
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	84636

Section 1923.01 of the Revised Code as amended by both Sub.	84637
H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly.	84638

Section 1923.02 of the Revised Code as amended by both Sub.	84639
H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly.	84640

Section 3301.55 of the Revised Code as amended by both Am.	84641
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	84642

Section 4731.22 of the Revised Code as amended by both H.B.	84643
78 and Am. Sub. H.B. 93 of the 129th General Assembly.	84644

Section 5747.01 of the Revised Code as amended by both Am.	84645
Sub. H.B. 153 and Am. H.B. 167 of the 129th General Assembly.	84646

Section 5751.01 of the Revised Code as amended by both Am.	84647
Sub. H.B. 153 and Sub. H.B. 277 of the 129th General Assembly.	84648

LegiScan Search

View Top 50 Searches

LegiScan Info

Price List

Voter Registration

Governor Deadlines &
Effective Dates

LegiScan Trends

View Top 50 National

PA HB1379 In membership, contributions and benefits, providing for supplemental annuity...

CA AB2434 Health care coverage: multiple employer welfare arrangements.

CA AB2346 Organic waste reduction regulations: procurement of recovered organic waste...

CA SB1400 Criminal procedure: competence to stand trial.

CA AB3129 Health care system consolidation.

NJ A3577 Provides CBT credit for development of anaerobic digestion facilities that...

NJ A4447 Allows certain health care practitioners referrals to pharmacies to be...

NJ A2294 Establishes mortgage payment relief and foreclosure protection for certain...

DC B25-0827 Pets in Housing Amendment Act of 2024

LA HB12 Relative to finances of the state (Items #16 and 21) (OR DECREASE GF RV...

Main menu

Bill Text: OH HB487 | 2011-2012 | 129th General Assembly | Introduced

Ohio House Bill 487 (Prior Session Legislation)

LegiScan Search

LegiScan Info

LegiScan Trends